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Terms and Conditions
Best Phone End User License Agreement
This EULA is a legal agreement (hereinafter "Agreement") between Best Phone, Inc. and you, either an individual or a single entity, (hereinafter "Licensee"). This Agreement covers all software, the associated media, any printed materials, data, files and information and any "online" or electronic documentation ("Software") which it accompanies. This Agreement takes precedence over any other agreement or terms embedded within the software.
Assent to Be Bound
By executing a written copy of this Agreement, or by using or subscribing to this Service, Licensee agrees to be bound by the terms of this Agreement. If Licensee does not agree with any term or condition, do not subscribe to or use the Service. Contact Best Phone to arrange the termination of your license with Best Phone at no charge to Licensee.
Best Phone, during delivery and use of the software, does not collect any personal information from Licensee other than such information explicitly supplied by Licensee during the signup process. However, to enable Best Phone and/or its partners to operate the Software, Best Phone may collect certain types of non-personally identifiable information about Licensee's use of the Software. This information may include your Internet protocol (IP) address, your operating system, specific settings related to the operation of the Software, and information on calling patterns and usage.
Restrictions on Grant
Except as otherwise specify Best Phone permitted in this Agreement, Licensee may not: (a) Modify or create any derivative works of any Software, Service or documentation, including translation or localization (code written to published APIs (application programming interfaces) for the Software shall not be deemed derivative works); (b) Sublicense or permit simultaneous use of the Service by more than one user; (c) Reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any Software related to the Service (except to the extent applicable laws specify Best Phone prohibit such restriction); (e) Redistribute, encumber, sell, rent, lease, sublicense, use the Service in a timesharing or service bureau arrangement, or otherwise transfer rights to any Software. You may NOT transfer the Software under any circumstances; (e) Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product(s) or Services; (f) Publish any results of benchmark tests run on any Software to a third party without Best Phone prior written consent.
Service Product Support
Best Phone is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Service will be corrected.
Ownership and Copyright of Software and Service
Title to the Service remain with Best Phone and/or or its suppliers. The Service is copyrighted and is protected by United States copyright laws and international treaty provisions. Licensee will not remove copyright notices from related Software products. Licensee agrees to prevent any unauthorized access to user's Service account. Except as expressly provided herein, Best Phone does not grant any express or implied right to Licensee under Best Phone patents, copyrights, trademarks, or trade secret information.
The Service is Confidential Information. Licensee will not disclose Service or any comments regarding Service to any third party without the prior written approval of Service. Licensee will maintain the confidentiality of Service with at least the same degree of care that you use to protect your own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances. Licensee will not be liable for the disclosure of any Confidential Information which is: (a) in the public domain other than by a breach of this Agreement on Licensee's part; or (b) rightfully received from a third party without any obligation of confidentiality; or (c) rightfully known to Licensee without any limitation on use or disclosure prior to its receipt from Best Phone; or (d) independently developed by Licensee's employees; or (e) generally made available to third parties by Best Phone without restriction on disclosure.
Term Of This Agreement
Licensee's rights with respect to the Beta Service will terminate upon the earlier of (a) the initial commercial release by Best Phone of a generally available version of the Service or (b) six months after the last date Recipient receives the Service or any update thereto. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice thereof. Upon any expiration or termination of this Agreement, the rights and licenses granted to Licensee under this Agreement shall cease using Service and all related Software products in Licensee's possession or control that are proprietary to or contain Confidential Information.
Limitation on Liability
Provision of any Service under this Agreement is experimental and shall not create any obligation for Service to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Service either to Licensee or to any other party.
THE SERVICE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL Best Phone OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF Best Phone HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Licensee acknowledges that Service and related Software is of Canada. origin. Recipient agrees to comply with all applicable international and national laws that apply to the Service or Software, including the Canada. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by Canada. and other governments.
This Agreement constitutes the complete and exclusive agreement between Best Phone and Licensee with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specify Best Phone incorporated herein. This Agreement may not be amended except in a writing duly signed by an authorized representative of Best Phone and Licensee.