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, TelePacket, and you (“Licensee”), for the purpose of specifying the conditions under which Licensee will use the TP Smart Dialer for his services and usage.
“TP Smart Dialer” means a software that can be used on the compatible phone sets to make VoIP calls using a service provider’s service.
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 means user or clients of the Operator who will use the TP Smart Dialer through Operator’s service platform.
TelePacket hereby grants to Licensee, and Licensee hereby accepts, subject to the terms and conditions set forth in this Operator License Agreement, a non-exclusive and non-transferable license to use the TP Smart Dialer as set forth in this Agreement.
- You are using this software according to the legal frame work of the country where you are using.
- You will not use this software against the humanity.
The licensee does hereby confirm that
- Licensee is using this software according to the legal frame work of the country where he is using.
- He will not use this software against the humanity.
TelePacket shall make available to Licensee all updates and enhancements to TP Smart Dialer and Licensee are agreeing to accept those updates if offered by TelePacket at free of cost and if there is any cost involvement, licensee has the right to make choice to upgrade or not.
TelePacket 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.
Under the demo license, your company name will be displayed on the dialer at the headline position as you have mentioned in the specific place of the registration page.
Demo version of TP Smart Dialer have the features which may be or may not be removed any point of time without any notice from TelePacket to the licensee.
Any rights not expressly granted to Licensee are retained by TelePacket.
If you use demo version of TP Smart Dialer for commercial version in that case you are fully aware of the fact that the demo version can be inactive, or any features of it can be inactive any point of time as it is fully demo version.
If you change the switch IP and Port you can make request to change the concerned parameters of your mobile dialer and TelePacket will try to activate it at earliest possible time. But failure to do so will not imply any responsibility on TelePacket.
Features of Demo version can be chargeable any time and rates and payment method will be fixed by TelePacket.
Licensee is responsible for paying licensing fee for G729 codec or any codec used by the TP Smart Dialer which is not supported by the codec supplied by the phone set.
Licensee acknowledges TP Smart Dialer and supporting documentation constitute valuable property of TelePacket and that all title and ownership rights in the templates and related materials remain exclusively with TelePacket.
The term of this Agreement shall remain in force unless Licensee breaches any material term of this Agreement, in which case TelePacket 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.
TelePacket 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 TelePacket. This restriction shall continue to bind Licensee and its agents and representatives beyond the termination of this Agreement.
LICENSEE ACCEPTS TP Smart Dialer “AS IS” “WITH ALL FAULTS”, 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.
TelePacket accepts no responsibility for the operation or performance of the templates. The entire risk of use and consequences of use of TP Smart Dialer falls completely on the Licensee and TelePacket shall not be liable in any respect for any claims loss or injury alleged to have resulted from use of or in reliance on TP Smart Dialer. In this respect, Licensee shall completely indemnify and defend for any such claim, loss or injury as provided below.
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 TP Smart Dialer.
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 TP Smart Dialer.
Under no circumstances shall TelePacket 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.
TelePacket shall not be liable for any incidental or consequential damages suffered by Licensee through the use of TP Smart Dialer, whether or not such damages were disclosed to, or reasonably foreseen.
Copyright (c) of TP Smart Dialer. All rights reserved. This software and documentation constitute an unpublished work and contain valuable trade secrets and proprietary information belonging to TelePacket None of the foregoing material may be copied, duplicated or disclosed without the express written permission of TelePacket TP Smart Dialer EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THIS SOFTWARE AND DOCUMENTATION, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR ANY ARTICULAR 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.
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 TelePacket Facilities 5764 N Orange, Blossom Trail, Orlando FL 32810 USA and The Licensee. In this Agreement, the party who is requesting the non-competition from the other party shall be referred to as “TelePacket”, 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 TelePacket.
Protection of Proprietary Information: Licensee agrees to keep in confidence and not disclose to others all knowledge, information and data furnished to Licensee by TelePacket The Licensee agrees not to use, nor reproduce for use in any way, any proprietary information of TelePacket The Licensee agrees to protect the proprietary information of TelePacket 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.