Terms of Use

PURPLECOMM END USER LICENSE AND TERMS OF USE AGREEMENT

NOTICE TO USER: PLEASE READ THIS LICENSE AND TERMS OF USE AGREEMENT CAREFULLY. BY USING THIS SITE OR ITS SERVICES, OR INSTALLING OR USING THE SOFTWARE ACCOMPANYING THIS AGREEMENT, YOU INDICATE YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. THE SOFTWARE AND SERVICES ARE PROVIDED 'AS IS' AND WITHOUT ANY SUPPORT. NO EMERGENCY CALLS OR SERVICES ARE SUPPORTED OR CARRIED.

This is a legal agreement ("Agreement") between you (either an individual or single entity), the End User, and PurpleComm, Inc. doing business as TelTel ("PurpleComm"). The enclosed or downloaded PurpleComm Product ("Product") is licensed by PurpleComm for use only on the terms of this Agreement. The Product includes software ("Software") and related explanatory written or on-line materials ("Documentation"). The term "Software" includes any upgrades, modified versions, additions, and copies of the Software provided to you by PurpleComm. By downloading, installing, copying, or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do NOT download the Software or, if you have received the Software in packaged form, return the Product to PurpleComm. By accessing or using this website or subscribing to its services, you agree to be bound to the terms of this Agreement.

1. SOFTWARE

Grant of License and Use.
Subject to the terms of this Agreement, PurpleComm hereby grants you a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the Software on your computer for the sole purpose of personally using the Internet communication applications provided by PurpleComm and any other applications that may be explicitly provided by PurpleComm.

Limitations on Reverse Engineering, Decompilation, and Disassembly.
You may not modify, reverse engineer, decompile, disassemble, adapt, translate, or create derivatives of the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation and you have so notified PurpleComm.

Software Transfer.
You may not transfer Software in any form to a third party.

Ownership of Software.
PurpleComm and its suppliers have and retain all ownership interests in the Product, including all patent rights, copyrights, trade secrets, confidential information, trademarks, service marks, related goodwill, and confidential and proprietary information. You have no interest in the Product except as explicitly stated in this Agreement.

No Support.
Product support, including upgrades, error corrections, and other forms of support, are NOT provided under this Agreement. If PurpleComm elects to provide any support to you, it does so at its sole option and in its sole discretion, is not obligated thereby to provide any further support, and provides such support under the conditions and limitations of this Agreement.

Payment.
You acknowledge that certain functions in the Product are only available to paid subscribers. If you choose not to pay to subscribe to the Product, you acknowledge you will not access functions and services in the Product available to paid subscribers only. PurpleComm reserves the rights to alter subscription payments at any time without notice.

2. SERVICES

Subscription and Services.
Subscribing to and using the basic or value-added services (“Services”) of PurpleComm shall be subject to the terms and conditions of this Agreement.

The Services include video/audio transmission and reception and value-added services, including but not limited to on-net calls, off-net calls, call forwarding, audio transmission/recording/access, and video transmission/recording/access. PurpleComm reserves the right to change or modify Services for any reason, including but not limited to constraints of technology and network environment. Users are responsible for evaluating the suitability of the Services, system requirements, system environment, and related issues before subscribing.

Use of Services. 
The Services are provided for personal use only. You may not allow any third party to access the Services or use the Services for public or commercial purposes. You further agree to assume all legal responsibilities for any breach of this term.

Establishing Service.
You are required to register for an account in order to access the Services. During registration, users may be required to provide certain personal and other identification information as part of the service activation procedures.  Upon verification of the information you provide during registration, your Services subscription will be activated immediately. Verification may be conducted by email, cellular phone, or other means, as determined by PurpleComm. You will not be able to access the Services or conduct any transactions until your account is verified.

You warrant that all information you provide during registration is true and correct to the best of your knowledge. You acknowledge that you are responsible for updating your account information and re-verification by PurpleComm, if any changes occur.

Security of Account.
You are responsible for maintaining the confidentiality of your log-in information and password and for all uses of your account, whether or not authorized by you. You shall immediately notify PurpleComm of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including theft, fraud, loss, or unauthorized disclosure of your password. PurpleComm shall have no liability for any unauthorized usage of your account.

Upon receiving notification from you, PurpleComm will suspend your Services and disable your password. Any charges incurred before receiving proper notice from you shall be your responsibility. Charges incurred after proper notice is received from you may be waived at PurpleComm’s discretion. If you forget your password, PurpleComm’s Customer Service may reassign a password to you only after verifying your personal information.

Assignment.
Unless agreed in writing by PurpleComm, you may not transfer your account or any rights or obligations under this Agreement to any third party.

3. FEES AND BILLING

Fees, Credits, and Refunds.
Details of fees, rates, credits, refunds, and other related details and terms are available at the TelTel website: www.TelTel.com. These fees, rates, credit policies, and refund policies may change from time to time at PurpleComm’s sole discretion. Any such changes will be posted at www.TelTel.com or by notice sent to your email address on file with us. Any changes will take effect on the applicable date as stated.

Prepaid Services.
Certain of the Services are provided on a prepaid basis. Payments for such prepaid Services shall be made online at the TelTel website.

Billing and Payment.
All fees incurred for non-prepaid Services must be paid in full by the payment due date. In the event of past due payments, PurpleComm may suspend Service to you until all past due amounts are paid in full.

Disputes.
You must notify PurpleComm of any billing disputes before the payment due date. You are responsible for paying any undisputed amounts by the payment due date. If you do not notify PurpleComm of any billing disputes by the payment due date, the fees billed will be deemed accurate and undisputed.

4. TERMINATION

Product and Software License Termination.
This Agreement and Software license terminate at any time by uninstalling and destroying or returning the Product together with all copies. This Agreement terminates automatically, without prejudice to any other rights PurpleComm may have, if you fail to comply with the terms and conditions of this Agreement, in which event you must uninstall and destroy all copies of the Software.

Service Suspension and Termination.
PurpleComm reserves the right to limit, suspend, or terminate your Services and account, without refunding any fees, if you fail to comply with the terms and conditions of this Agreement, and including but not limited to the following situations:

  1. Theft,
  2. Fraud,
  3. Unauthorized changes,
  4. Damage to others' data,
  5. Unlawful duplication of third party data for resale, reproduction, or distribution by any other means,
  6. Damage to the communications or system operation of the Services, or
  7. Any other infringement on third party rights or illegal activities.

You will be held legally responsible for any damages caused to PurpleComm.

General Termination.
PurpleComm may terminate this Agreement at any time for any reason, with or without cause, by providing notice to you or by preventing you from accessing the Product, Services, or its network. This Agreement terminates automatically, without prejudice to any other rights PurpleComm may have, if you fail to comply with the terms and conditions of this Agreement.

5. LIMITATION ON WARRANTIES AND LIABILITY

EMERGENCY CALLS.
By accepting this Agreement, you acknowledge and agree that the PurpleComm Products and Services do not and are not intended to carry emergency calls (for example, but without limitation, 911, E911, etc.) to law enforcement agencies, hospitals, ambulance, medical care facilities or any other kinds of emergency facilities.

Service Quality and Disruptions.
You acknowledge the quality of communications provided by our Services may be different from that provided by traditional telephone services. Events beyond our control may affect our service, such as power outages or fluctuations in the Internet. PurpleComm will act in good faith to minimize disruptions to your use of and access to our Service.

Internet Access and Connectivity.
The Services are provided through the Internet. Your Internet access relies on services provided by your Internet Service Provider. You are fully responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining Internet connectivity.

PurpleComm will not be held responsible for the quality of audio and video transmissions as provided under this Agreement. PurpleComm will not be liable for any direct or indirect damages or losses caused by poor transmission quality or incomplete transmission.

Your Representation and Warranties.
You represent and warrant that you possess the legal rights and ability to enter into this Agreement and to comply with its terms. You will use the Product and Services for lawful purposes only in accordance with this Agreement and all applicable laws. You agree you will not use any device or process to interfere with the proper working and security mechanism of the Software, Services, and its network.

DISCLAIMER OF WARRANTY FOR SOFTWARE AND SERVICES.
PURPLECOMM SOFTWARE AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PURPLECOMM DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. PURPLECOMM MAKES NO REPRESENTATIONS CONCERNING THE QUALITY OF THE SOFTWARE AND SERVICES AND DOES NOT PROMISE THAT THE SOFTWARE AND SERVICES WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION.

LIMITATION OF LIABILITY.
IN NO EVENT IS PURPLECOMM OR ANY OF ITS OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES OR NETWORK SERVICE PROVIDERS RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, CLAIMS, OR COSTS, SUCH AS BUT NOT LIMITED TO LOSS OF PROFIT, DATA, OR EQUIPMENT, EVEN IF PURPLECOMM HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. YOU AGREE THAT, REGARDLESS OF THE FORM OF CLAIM YOU MAY HAVE, PURPLECOMM'S LIABILITY TO YOU OR ANY OTHER PARTY DOES NOT EXCEED THE PURCHASE PRICE, IF ANY, PAID BY YOU TO PURPLECOMM FOR THE PRODUCT OR SERVICES. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INDEMNIFICATION.
You agree to indemnify and hold harmless PurpleComm, its subsidiaries, officers, directors, affiliates, agents, partners, and employees, from any and all claims, losses, damages, fines, penalties, costs, and expenses, including, without limitation, reasonable attorneys' fees, made by, or on behalf of, you or any third party or user, relating to our Services or Products, including, without limitation, use of our Services or Products by you or others using your account (whether or not such usage is expressly authorized by you).

FORCE MAJEURE.
PurpleComm shall not be liable for any service interruption, damages, delays, or failure to perform resulting from unforeseen circumstances or causes outside the control of PurpleComm, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, earthquakes, power outages, or shortages of transportation facilities, fuel energy, labor or materials.  

6. MISCELLANEOUS LEGAL

Copyright and Trademark.
The Product, Services, website content, materials, service marks and trademarks are the proprietary products of PurpleComm or its service partners, and are protected by copyright, trademark, or other intellectual property laws, and international treaty provisions. Unless authorized by a separate site/corporate license or as otherwise permitted by Section 1, you are prohibited from making any additional copies of the Software for any purpose, except as incidental to the productive use of the Software. Subscription to the Services does not grant you any authorization of any intellectual property rights. Except for the limited license granted hereunder, this Agreement does not grant you any interests, including any intellectual property rights, in the Software, Product, or Services. Infringement by you may result in civil or criminal prosecution.

GOVERNING LAW.
This Agreement is made under and is governed by and construed in accordance with the laws of the State of California without regard to rules that would result in selecting the law of another jurisdiction. The parties hereby exclusively submit to the personal jurisdiction of the United States District court for the Northern District of California, and the State courts of the State of California for the County of Santa Clara, and waive any objection based on venue or convenience of forum. You acknowledge and agree that the Software and Documentation were delivered in California. The UN Convention On Contracts For The International Sale Of Goods and any choice of law rules do not apply, regardless of jurisdiction.

EXPORT LAW ASSURANCES.
You acknowledge and agree that the Product is subject to restrictions and controls imposed by the United States Export Administration Act (the "Act") and the regulations thereunder. You agree and certify that neither the Product nor any direct product thereof is being or will be acquired, shipped, transferred, or re-exported, directly or indirectly, into any country prohibited by the Act and the regulations thereunder, nor will be used for any purpose prohibited by the same.

NO WAIVER OF RIGHTS.
Failure by either party to enforce any provision of this Agreement may not be deemed a waiver of future enforcement of that or any other provision. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions nevertheless continue in full force and effect. This Agreement constitutes the entire agreement between you and PurpleComm with respect to its subject matter and may only be modified by a writing executed by an officer of PurpleComm.

US GOVERNMENT
Licensees. The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-18 as applicable. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce or other agency or authority of the United States or other applicable countries, and not to transfer, or authorize the transfer, of the Software other than as expressly permitted by such restrictions and regulations.

TelTel VNC.
The TelTel VNC program is based on Ultr@VNC (Copyright© 2002-2005 Ultr@VNC Team - All Rights Reserved) and distributed under the terms of GNU GPL ( http://www.gnu.org/copyleft/gpl.html ). You may obtain a copy of the source code of TelTel VNC electronically by contacting PurpleComm, Inc. at 2620 Augustine Drive, Suite 100, Santa Clara, California, USA or by emailing license@PurpleComm.com.

GENERAL PROVISIONS.
PurpleComm reserves the rights to modify this Agreement at any time by providing such revised Agreement to you or posting the revised Agreement at the TelTel web site, www.teltel.com. Your continued use of the Products and Services shall constitute your acceptance of such revised Agreement.

You expressly acknowledge that you have read this Agreement and understand the rights, obligations, terms and conditions contained herein. By continuing to use this site or its Services or install the Software, you expressly consent to be bound by the terms and conditions of this Agreement.