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License Agreement

This End User License Agreement («EULA») is a legal agreement between the End User (individual, entity or other user) and TrueConf with respect to the software accompanied by this EULA, including any media containing said software («Software»).

EULA FOR TrueConf SOFTWARE

BY DOWNLOADING, INSTALLING, COPYING OR USING THIS SOFTWARE, THE END USER AGREES TO THE TERMS AND CONDITIONS SET FORTH. IF THE END USER DOES NOT AGREE TO THE TERMS OF THIS EULA, THE END USER DOES NOT CLICK THE «ACCEPT» BUTTON OR ANY OTHER BUTTON, HOWEVER NAMED, INDICATING EULA TO READ THIS EULA AND ACCEPT ALL OF ITS TERMS, AND DOES NOT USE THE SOFTWARE. THE END USER'S USE OF THE SOFTWARE MEANS THAT THE END USER HAS READ THIS EULA, THAT THE END USER UNDERSTANDS ITS PROVISIONS, AND THAT THE END USER AGREES TO BE BOUND BY THEM.

THE CURRENT VERSION OF THE TrueConf SOFTWARE EULA POSTED AT WWW.TRUECONF.COM TAKES PRECEDENCE OVER ANY OTHER TrueConf SOFTWARE LICENSE AGREEMENT. BY ACCEPTING THE TERMS OF THE EULA WHEN DOWNLOADING, INSTALLING, COPYING OR USING TrueConf SOFTWARE, THE END USER EQUALLY AGREES TO THE TERMS OF THE EULA PUBLISHED AT WWW.TRUECONF.COM

1. 1. GRANT OF LICENSE.
TrueConf grants End User the following rights, subject to End User's compliance with all terms and conditions of this EULA:

1.1 Installation and Use.

  • End User may install and use the Software on one (1) personal computer or other device;
  • End User has the right to generate client applications from the Software in the required quantity (if the Software has such functionality on the corresponding operating system);
  • The End User is entitled to install the client application on the number of computers required by the End User;
  • End User is entitled to use the Software and the client application for its own commercial purposes;
  • End User may make a copy of the Software, provided that such copy is intended only for archival purposes or to replace a validly purchased copy in cases where such copy is lost, destroyed or rendered unusable;
  • End User may not sell or license copies of the Software separately or as part of any collection, product or service;
  • End User shall not grant to customers of End User's products or services any rights to license or distribute the Software;
  • End User shall not engage in conduct that harms or is likely to harm the Software or TrueConf's goodwill. If the End User does so, the End User shall notify TrueConf immediately and shall remedy such infringements and compensate for any losses incurred in connection therewith within five days of the request;
  • End User shall indemnify and hold TrueConf harmless from any claims or lawsuits, including attorneys' fees, that arise from the licensing, use or distribution of the Software.

2. DESCRIPTION OF OTHER RIGHTS AND RESTRICTIONS
End User may not use any TrueConf license activation services associated with the Software in any manner that could damage, disable, overburden, or impair such services or interfere with their use and enjoyment by any other party. End User may not attempt to gain unauthorized access to any service, account, computer systems or networks associated with the TrueConf license activation services.

3. PRESERVATION OF RIGHTS AND OWNERSHIP.
TrueConf reserves all rights not expressly granted to End User in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. TrueConf own title, copyright and other intellectual property rights in the Software. The Software is licensed and not sold. This EULA does not grant End User any rights to TrueConf trademarks or service marks.

4. RESTRICTIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
End User may not decompile, reverse engineer, disassemble or otherwise convert the Software into human-readable form and attempt to extract the source code of the Software or any portion thereof, except and only to the extent that such activities are expressly permitted by applicable law, notwithstanding this restriction.

4.1 In the event that End User needs to decompile the Software in order to achieve the ability to interoperate the Software with other programs that may interoperate with the Software being decompiled, to the extent permitted by applicable law, then, in such event, End User shall give TrueConf thirty (30) days prior written Notice to TrueConf containing the following information:

  • a list of the programs with which interoperability difficulties have occurred and other programs with which the Software to be decompiled will interact;
  • what part of the Software will be decompiled and a list of the specific actions will be undertaken;
  • End User's warranties that the information obtained as a result of decompilation will not be disclosed to others, used to develop a program substantially resembling in to the Software being decompiled, or to take any other action that infringes the exclusive right to the Software. Information obtained as a result of decompilation may be transferred to other persons (Recipient of the decompiled Software) only to achieve the ability to interoperate the Software with other programs, in which case End User warrants that the Recipient of the decompiled Software will not transfer the information obtained as a result of decompilation to other persons or use it to develop a program substantially resembling in to the decompiled Software or to take any other action that infringes the exclusive right to the Software. The End User is responsible for the actions of the Recipient of the decompiled Software as its own.

5. NO RENTAL/COMMERCIAL HOSTING.
Without the written permission of TrueConf, End User shall not sell, sublicense, rent, lease or loan the Software or use the Software to provide commercial services.

6. CONSENT TO THE USE OF DATA.
The End User agrees that, when End User connecting the Software to the Internet, TrueConf has the right to collect anonymous and aggregated data related to its operation, which may be further used and processed by TrueConf to verify the compliance of the Software's operation parameters with the issued license, to protect the End User from parallel activation of its license by third parties and/or in the course of providing technical support for the Software, if such services are provided. This data does not contain personal data of End Users (i.e. information that identifies End Users and can be linked, associated or used to identify them) or records of any actions that End Users have performed. The data obtained may, among other things, be used by TrueConf to improve the Software, improve the customer experience and/or develop other products and/or services. Also, in order to improve customer service and/or develop other products and/or services, TrueConf may provide anonymized and aggregated data to third parties.

7. LINKS TO THIRD PARTY SITES.
TrueConf is not responsible for the contents of any third party sites or services, for any link contained in a third party site or service, or for any changes or updates to a third party site or service. TrueConf provides End User with these links and access to third-party sites and services as a convenience only, and the inclusion of any link or access does not imply endorsement by TrueConf of the third-party site or service.

8. ADDITIONAL SOFTWARE/SERVICES.
This EULA applies to updates, supplements, add-ons or Internet service components of the Software that TrueConf may provide to End-User or make available after the date End-User receives its initial copy of the Software, unless accompanied by separate terms and conditions. TrueConf reserves the right to discontinue Internet services provided to End User or provided to End User through the use of the Software.

9. UPDATES.
To use the Software identified as an update, End User must first obtain a license for the Software identified by TrueConf as eligible for the update. Once the update is installed, End User may no longer use the initial Software that served as the basis for End User's update eligibility other than as part of the updated Software.

10. TECHNICAL SUPPORT.
TrueConf or engaged by TrueConf third parties will provide technical support at its sole discretion without warranty or representation of any kind. End-User must back up all existing data, Software or software tools before requesting technical support. TrueConf and/or engaged by TrueConf third parties cannot accept liability for damage to or loss of data, property, Software or equipment, or loses that are associated with the provision of technical support. TrueConf and/or engaged by TrueConf third parties reserve the right to decide that it is not possible to correct a particular problem within the scope of technical support. TrueConf reserves the right to refuse, suspend or terminate technical support at its sole discretion.

11. SEPARATION OF COMPONENTS.
Software is licensed as a single product. Its component parts may not be separated for use on more than one device.

12. TERMINATION.
Without prejudice to any other rights, TrueConf may terminate this EULA if End User fails to comply with the terms of this EULA. In such case, End User shall destroy all copies of the Software and all its component parts.

13. WARRANTY AND DISCLAIMER OF LIABILITY «AS IS»

  • «AS IS» Warranty. TrueConf provides the Software to End User «AS IS» and without warranty of any kind. TrueConf does not warrant that the Software will meet End User's requirements or that the operation of the Software will be uninterrupted or error-free.
  • Limitation of Warranties. TrueConf and its licensees (sublicensees) make no warranties of any kind, express, implied or arising from custom or usage of trade, and specifically disclaim warranties of merchantability and fitness for a particular purpose.
  • Limitation of Liability. To the extent permitted by applicable law, in no event shall TrueConf, its employees and licensees (sublicensees) be liable for any damages, loss of revenue or sales turnover, loss of data or the cost of procurement of substitute goods or services, property damage, personal injury, business interruption, loss of business information or other loses, including special, intentional, unintentional, incidental, economic, covered, criminal, direct and consequential, occurring in any other manner, whether by willful misconduct, negligence or otherwise, which may give rise to liability, including damages resulting from the use of the Software or the inability to use the Software, including, but not limited to, intellectual, neighboring or any other third party rights arising after End User has been granted a license to the Software, in any elements of the Software provided, whether in the aggregate or in isolation, even if TrueConf or licensees (sublicensees) and affiliates have been advised of the possibility of such damages. In countries whose laws and individual statutes do not permit the exclusion of such liability, but do permit the limitation of such liability, the liability of TrueConf, its employees, licensees (sublicensees) or affiliates shall be limited to the amount actually paid by End User for the Software.

14. EUROPEAN SOFTWARE DIRECTIVE.
If the provisions of the Directive of the Council of the European Communities of May 14, 1991 on the legal protection of computer programs under applicable national law (the «Software Directive») are applicable to End User's use of the Software and End User wishes to obtain the information necessary to enable an independently created computer program to interoperate with the Software as permitted by Article 6 of the Software Directive («Compatibility Information»), End User shall notify TrueConf in writing, specifying the nature of the compatibility information required by End User and the purpose for which it will be used. If TrueConf reasonably determines that End User is entitled to such Compatibility Information under the Software Directive, TrueConf shall, in its sole discretion, either (i) provide End User with such Compatibility Information or (ii) permit End User to reconstruct the Software within the limits and for the purposes prescribed by the Software Directive solely to the extent necessary to obtain such Compatibility Information. If TrueConf selects clause (i), End User will provide any information and assistance reasonably requested by TrueConf to enable TrueConf to fulfill clause (i), and TrueConf may charge End User a reasonable fee for providing the requested Compatibility Information, unless such fee is prohibited by the Software Directive.

15. FULL OPERATION OF THE AGREEMENT.
This EULA (including any supplements or amendments to this EULA that are incorporated into the Software) constitutes the entire agreement between End User and TrueConf with respect to the Software and support services (if any), and they supersede all previous or simultaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. If the terms of any TrueConf policies or programs regarding support services conflict with the terms of this EULA, the terms of this EULA shall prevail. If any provision of this EULA is held to be null, void, invalid, unenforceable or illegal, the other provisions will remain in full force and effect.

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