Terms & Conditions
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION THAT YOU SHOULD KNOW BEFORE CONTINUING TO REGISTER FOR USE OUR SOFTWARE. IF YOU REJECT THIS POLICY AND THIS LICENSE AGREEMENT YOU SHOULD NOT CLICK THE CHECK BOX BESIDES ‘DO YOU AGREE’ AND IF ONLY YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS PLEASE CLICK THE CHECK BOX.
This is an Agreement between, FlySIP Inc., hereafter referred to as FlySIP, and you (“Licensee”), for the purpose of specifying the conditions under which Licensee will use the FlySIP SoftSwicth for his services and usage.
- “FlySIP SoftSwicth” is a carrier grade softswitch with integrated billing solution and Interactive Voice response (IVR) system.
- Licensee shall mean and include Licensee’s divisions and departments within Licensee’s organization at the licensed locations, but shall not include wholly or partially owned subsidiaries, affiliates, or independent third parties.
- End users mean user or clients of the Service Provider who will use the FlySIP SoftSwicth through own or any other reseller’s platform.
FlySIP hereby grants to Licensee, and Licensee hereby accepts, subject to the terms and conditions set forth in this User License Agreement,a non-exclusive and non transferable license to use the FlySIP SoftSwicth as set forth in this Agreement.
- You are using this software according to the legal frame work of the country where you are providing service.
- You will not use this software against humanity or for running any call/ processes not authorised in your country of usage.
The licensee does hereby confirm that:
- Licensee is using this software according to the legal frame work of the country where he is providing service.
- He will not use this software against the humanity.
FlySIP shall make available to Licensee all updates and enhancements to FlySIP SoftSwicth and Licensee are agreeing to accept those updates if offered by FlySIP at free of cost and if there is any cost involvement, licensee has the right to make choice to upgrade or not.
FlySIP shall have the sole discretion to determine the update fee or charge.
Use of all such updates and enhancements by Licensee shall be subject to the terms and conditions of this Agreement.
Any rights not expressly granted to Licensee are retained by FlySIP.
Demo version of FlySIP SoftSwicth contains the features which may be removed at any point of time, without any prior notice to the licensee.
You hereby confirm that you will not use demo version of FlySIP SoftSwicth for any commercial purposes and if found doing so, FlySIP has the liberty to cancel the demo version or take any action as deemed fit.
Features of Demo version can be chargeable any time and rates and payment method will be fixed by FlySIP.
The term of this Agreement shall remain in force unless Licensee breaches any material term of this Agreement, in which case FlySIP shall have the right to terminate the license. Regardless of whether this license expires or is terminated by either party, all other articles of this Agreement shall survive perpetually.
- Licensee acknowledges FlySIP SoftSwicth and supporting documentation constitute valuable property of FlySIP and that all title and ownership rights in the templates and related materials remain exclusively with FlySIP.
- FlySIP reserves all rights with respect to the templates and user’s guide under all applicable laws for the protection of proprietary information, including, but not limited to, trade secrets, copyrights, trademarks and patents.
- Except as otherwise provided in this Agreement, Licensee shall not cause or permit unauthorized copying, reproduction or disclosure of any portion of the templates, or any instructions, manuals, or other documentation, or the delivery or distribution of any part thereof to any third person or entity, for any purpose whatsoever, without the prior written permission of FlySIP. This restriction shall continue to bind Licensee and its agents and representatives beyond the termination of this Agreement.
- Licensee accepts the FlySIP SoftSwicth on “as is”, “with all faults” basis and in lieu of all other warranties and conditions, expressed or implied, including, but not limited to, those for merchantability and fitness for a particular purpose.
- FlySIP accepts no responsibility for the operation or performance of the templates. The entire risk of use and consequences of use of FlySIP SoftSwicth falls completely on the Licensee and FlySIP shall not be liable in any respect for any claims loss or injury alleged to have resulted from use of or in reliance on FlySIP SoftSwicth. In this respect, Licensee shall completely indemnify and defend for any such claim, loss or injury as provided below.
- Under no circumstances shall FlySIP be liable for incidental, special, indirect, direct or consequential damages or loss of profits, interruption of business, or related expenses which may arise from use of software or documentation, including but not limited to those resulting from defects in software and/or documentation, or loss or inaccuracy of data of any kind.
- Licensee acknowledges that it has read the foregoing disclaimers of warranty and limitation of liability and understands that Licensee assumes the entire risk of use of FlySIP SoftSwicth.
- Licensee shall indemnify and defend against any and all claims, including claims by third parties or employees of Licensee, which arise directly or indirectly out of Licensee’s use or operation of FlySIP SoftSwicth.
- FlySIP shall not be liable for any incidental or consequential damages suffered by Licensee through the use of FlySIP SoftSwicth, whether or not such damages were disclosed to, or reasonably foreseen.
Copyright (c) of FlySIP SoftSwicth. All rights reserved. This software and documentation constitute an unpublished work and contain valuable trade secrets and proprietary information belonging to FlySIP. None of the foregoing material may be copied, duplicated or disclosed without the express written permission of FlySIP. FlySIP SoftSwicth expressly disclaims any and all warranties concerning this software and documentation, including any warranties of merchantability and/or fitness for any particular purpose, and warranties of performance, and any warranty that might otherwise arise from course of dealing or usage of trade. No warranty is either expressed or implied with respect to the use of the software or documentation.
Protection of Proprietary Information:
Licensee agrees to keep in confidence and not disclose to others all knowledge, information and data furnished to Licensee by FlySIP The Licensee agrees not to use, nor reproduce for use in any way, any proprietary information of FlySIP the Licensee agrees to protect the proprietary information of FlySIP with the same standard of care and procedures used to protect its own proprietary information of similar importance but at all times using at least a reasonable degree of care.
This License Agreement shall also serve as a Non-Compete Agreement. This Agreement is made effective as of the acceptance date of this agreement, by and between FlySIP Inc.,49-a Vladimirskaya Street 7th floor, Office 155 Kiev, Ukraine and the Licensee. In this Agreement, the party who is requesting the non-competition from the other party shall be referred to as “FlySIP”, and the party who is agreeing not to compete shall be referred to as “Licensee”. By accepting this agreement, the licensee has access to and possession of confidential information that is proprietary to FlySIP.