Terms & Conditions
WTT21 S.L Licence Agreement
PLEASE READ CAREFULLY
Before reading the articles below, please take good notice of the following preliminary terms, which terms make use of some of the definitions as specified in Article 1 below:
Entering into this Agreement: This End User License Agreement constitutes a valid and binding agreement between WTT21 and You, as a user, for the use of the WTT21 Software. You must enter into this Agreement by clicking on the ACCEPT button in order to be able to install and use the WTT21 Software. Furthermore, by installing and (continuously) using the WTT21 Software You agree to be bound by the terms of this Agreement and any new versions hereof.
Electronic Signatures and Agreement(s): You acknowledge and agree that by clicking on the ACCEPT button or similar buttons or links as may be designated by WTT21 to show Your approval of any foregoing texts and/or to download and install the WTT21 Software, You are entering into a legal binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the WTT21 Software. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
Jurisdiction's Restrictions: if You are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and You are under such a jurisdiction and under such age limit, You may not enter into this Agreement and download, install or use the WTT21 Software. Furthermore, if You are residing in a jurisdiction where it is forbidden by law to offer or use software for internet telephony, You may not enter into this Agreement and You may not download, install or use the WTT21 Software. By entering into this Agreement You explicitly state that You have verified in Your own jurisdiction if Your use of the WTT21 Software is allowed.
Article 1. Definitions
In this Agreement the following capitalized definitions are being used, singular as well as plural.
1.1 Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, WTT21. For the purpose of this definition, the word "control" shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.
1.2 Agreement: this End User License Agreement, as may be renewed, modified and/or amended from time to time.
1.3 API: application program interface that is included in or linked to the WTT21 Software.
1.4 Documentation: any online or otherwise enclosed documentation provided by WTT21.
1.5 Effective Date: the date on which this Agreement is entered into by clicking on the ACCEPT button as stated above or by downloading, installing and (continuously) using the WTT21 Software.
1.6 IP Rights: any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know how and trade secrets contained in or relating to the WTT21 Software, the Documentation, the WTT21 Website or the WTT21 Promotional Materials.
1.7 WTT21: A trademark of WTT21 s.l., a company established under the laws of Spain.
1.8 WTT21 Promotional Materials: any and all names, signs, logos, banners and any other materials, in whatever form, owned and/or used by WTT21 for the promotion of its company, its products and activities.
1.9 WTT21 Software: the software distributed by WTT21 for internet telephony applications, including without limitation the API, UI and Documentation, as well as any future programming fixes, updates and upgrades thereof.
1.10 WTT21 Staff: the officers, directors, employees and agents of WTT21 or its Affiliates, or any other persons hired by WTT21 or its Affiliates in relation with the execution of this Agreement.
1.11 WTT21 Website: any and all elements and contents of the website available published by WTT21.
1.12 UI: the user interface of the WTT21 Software.
1.13 You: you, the end user of the WTT21 Software, also used in the form "Your" where applicable.
Article 2. License and Restrictions
2.1 License. Subject to the terms of this Agreement, WTT21 hereby grants You a limited, personal, non-commercial (at home or at work), non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the WTT21 Software on Your computer or PDA, for the sole purpose of internet telephony applications and any other applications that may be explicitly provided by WTT21.
2.2 No Granting of Rights to Third Parties. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the WTT21 Software.
2.3 No Modifications. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the WTT21 Software.
2.4 Third Parties. You acknowledge and agree that the WTT21 Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. WTT21 emphasizes that it will only incorporate such third party software or technology for the purpose of (a) adding new or additional functionality or (b) improving the technical performance of the WTT21 Software. Any such third party software or technology that is incorporated in the WTT21 Software falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with the WTT21 Software will be subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that you will not enter into a contractual relationship with WTT21 or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to WTT21 or its Affiliates to enforce any of your rights.
2.5 New Versions of the WTT21 Software. WTT21, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the WTT21 Software. You acknowledge and agree that WTT21 has no obligation to make available to You any subsequent versions of the WTT21 Software. You also agree that you may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the WTT21 Software. Furthermore, you acknowledge and agree that WTT21, in its sole discretion, may modify or discontinue or suspend Your ability to use any version of the WTT21 Software, or terminate any license hereunder, at any time. WTT21 also may suspend or terminate any license hereunder and disable any WTT21 Software You may already have accessed or installed without prior notice at any time.
Article 3. Exceptions to License Restrictions
3.1 Redistribution. You are not allowed to redistribute the WTT21 Software, unless You have agreed to and meet with the Distribution Terms that are published on the WTT21 Website.
3.2 API. You are not allowed to use or modify the API, unless You agree to and meet with the following subsequent terms: 3.2.1 You may only make use of and/or modify the API to distribute the WTT21 Software (a) for any legitimate purposes and (b) provided that You will not remove, overtake, hide or otherwise make the UI inaccessible for end users. 3.2.2 You will constantly monitor the WTT21 Website in order to ensure that You are distributing the latest stable version of the WTT21 Software as well as that You are aware of any changes in the applicable legal documents. In the event You cannot agree on any changes in any applicable legal document, You will immediately cease any and all use of the API and, where applicable, any and all use of the WTT21 Software. 3.2.1 You acknowledge and agree that Your use and/or modification of the API will be at Your own risk and account.
3.3 You acknowledge and agree that any IP Rights arising directly from the API are the exclusive ownership of WTT21 or its licensors without any compensation to You. Insofar as necessary, this Agreement serves as a deed of assignment of all of Your right, title and interest in and to such API modifications to WTT21, notwithstanding Your obligation to cooperate with WTT21 in order finalize any other deed upon WTT21's first request. You hereby irrevocably waive to the extent permitted by law any moral rights relating to YourAPI modifications. You furthermore represent and warrant that (a) You are authorized to assign Your rights as stated above and (b) Your API modifications are correct and accurate and (c) the API modifications do not infringe upon any third parties' rights, including but not limited to intellectual property rights.
3.4 Any other Exceptions. If You are interested in doing anything else than permitted under this Agreement or by the Distribution Terms, the API Terms or the WTT21 Promotional Materials Terms, You will have to obtain WTT21's written consent and agree on any further (commercial) terms.
Article 4. Permission to Utilize
4.1 Permission to utilize Your computer. In order to receive the benefits provided by the WTT21 Software, you hereby grant permission for the WTT21 Software to utilize the processor and bandwidth of Your computer for the limited purpose of facilitating the communication between You and other WTT21 Software users.
4.2 Protection of Your computer (resources). You understand that the WTT21 Software will use its commercially reasonable efforts to protect the privacy and integrity of Your computer resources and Your communication, however, You acknowledge and agree that WTT21 cannot give any warranties in this respect.
Article 5. Confidentiality and Privacy
5.1 WTT21's Confidential Information. You agree to take all reasonable steps at all times to protect and maintain any confidential information regarding WTT21, its Affiliates, the WTT21 Staff, the WTT21 Software and the IP Rights, strictly confidential.
Article 6. IP Rights and Translations
6.1 Exclusive Ownership. You acknowledge and agree that any and all IP Rights are and shall remain the exclusive property of WTT21 and its licensors. Nothing in this Agreement intends to transfer any IP Rights to, or to vest any IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws.
6.2 No Removal of Notices. You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or WTT21's rights and ownership thereof.
6.3 Translations. You acknowledge and agree that the intellectual property rights regarding any translations made by You of any information on or accessible through the WTT21 Website or as otherwise requested of You by WTT21 at any time prior to or subsequent of the Effective Date will be and remain the sole and exclusive property of WTT21 without any compensation to You. Insofar as necessary, this Agreement serves as a deed of assignment of all of Your right, title and interest in and to such translations to WTT21, notwithstanding Your obligation to cooperate with WTT21 in order finalize any other deed upon WTT21's first request. You hereby irrevocably waive to the extent permitted by law any moral rights relating to Your translations. You furthermore represent and warrant that (a) You are authorized to assign Your rights as stated above and (b) Your translations are correct and accurate and (c) the translations do not infringe upon any third parties' rights, including but not limited to intellectual property rights.
6.4 Use of WTT21 Promotional Materials. You are not allowed to use the WTT21 Promotional Materials.
Article 7. Communication and Your Use of the WTT21 Software
7.1 Communication. Installing WTT21 Software enables You to communicate with others.
7.2 No Warranties. WTT21 cannot guarantee that You will always be able to communicate with others, nor can WTT21 guarantee that You can co