Sipear - Terms of Service

Important - Please read carefully before installation

End User License Agreement
This is a legal agreement ('the Agreement') between you (either an individual or single entity) and V One Technology Limited ('VOne'). This Agreement pertains to your use of the Sipear software, technology, programs, documentation and updates which are provided to you by VOne (collectively, the 'Software'). This Agreement also pertains to the services that are available to you by using the Software (the 'Services'). Please carefully read the terms and conditions below. If you do not agree to the terms of this Agreement, DO NOT click the 'I Accept' button. By clicking on the 'I Accept' button, you are consenting to the terms of this Agreement.

Terms of Service and Privacy Policy
The provisions of VOne's Terms of Services http://www.sipear.com/terms and Privacy Policy http://www.sipear.com/privacy are incorporated herein and made a part hereof.

No Emergency Calls
You Expressly agree and acknowledged that any emergency calls are not intended to be carried/support by the VOne Software or Services and that neither VOne nor any of its Affiliates, subsidiaries, parent companies, agents, network service providers, partners, customers or employees are or will be liable for such emergency calls.

Grant of License
This Agreement grants you a personal, non-exclusive, non-transferable, non-sublicensable right to use one copy of the Software for your own personal use on a single computer and/or workstation. VOne reserves all rights in the Software not expressly granted herein, including without limitation ownership and proprietary rights.

License Restrictions
You may not reproduce or distribute the Software for any purpose whatsoever. Without limiting the foregoing, you may not copy the Software to any server or location for reproduction or distribution. You may not reverse engineer, decompile or disassemble the Software. The restrictions contained herein apply equally to any updates that may be provided to you by VOne.

No Warranties
VOne cannot guarantee that You will always be able to communicate with other Sipear Software users, nor can VOne guarantee that You can communicate without disruptions, delays or other communication-related flaws. VOne will not be liable for any such disruptions, delays or other omissions in any communication experienced when using Sipear Software.

Subscribed Services
You acknowledge that certain functions in the Software or Services are only available to paid subscribers after installing and using the Software. The use of any subscribed services is subject to the additional Terms of Services that are published on the Sipear Website.

Intellectual Property Rights and Third Party Materials
All service marks, logos, trade names, trade dress, and trademarks of Sipear (collectively 'Marks') are the exclusive property of VOne and nothing in this Agreement shall grant you the license to use such Marks. All intellectual property rights in the Software and Services, including without limitation all computer code, audio, graphics, multimedia, images, sounds, and text incorporated into the Software or Services, are owned exclusively by VOne and are protected by HKSAR copyright laws and international copyright treaty provisions. Any violation of the terms set forth herein is expressly prohibited by law and may result in severe civil and criminal penalties. Additionally, other marks and software applications that appear on Sipear's web sites or Sipear's application may belong to third parties that are not affiliated with VOne. Third parties property included:

CryptoPP: http://apps.sourceforge.net/trac/sitelegal/wiki/Terms%20of%20Use#a6.PROPRIETARYRIGHTS

Mozilla: http://www.mozilla.org/MPL/
OpenSSL: http://www.openssl.org/
PortAudio: http://www.portaudio.com/license.html
speex: http://www.xiph.org/licenses/bsd/speex/
UDT: http://udt.sourceforge.net/license.html

Links available on the web site may enable you to leave the Sipear site. VOne does not control or endorse the content of third party web sites. The linked sites are not under the control of VOne, and VOne is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. You are responsible for taking precaution to ensure that whatever you select for your use, whether on Sipear's web sites or the sites of third parties, is free of viruses, worms, Trojan horses, and other items of a destructive nature.

Disclaimer of Warranties
All services and software provided by VOne are provided 'as is.' VOne and its affiliates, subsidiaries, parent companies, agents, network service providers, partners, or employees make no warranty to you or any other person or entity, whether express, implied, or statutory, as to the description, quality, title, non-infringement, merchantability, completeness, or fitness for a particular use or purpose as to the services or software provided to you, or as to any other matter, all such warranties hereby being expressly excluded and disclaimed. You assume total responsibility and risk for your use of the software or services.

Neither VOne nor any of its affiliates, subsidiaries, parent companies, agents, network service providers, partners, or employees warrants that the software or services will be free from any virus or other code that is contaminating or destructive by nature and you are responsible for implementing and maintaining sufficient procedures to satisfy your particular requirements for accuracy of data input and output as well as protection from such viruses or other code that may contaminate or destroy your system or data.

Neither VOne nor any of its affiliates, subsidiaries, parent companies, agents, network service providers, partners, or employees warrants that the software or services are error free or will operate without packet loss or interruption, nor does VOne warrant any connection to or any transmission over the internet. VOne makes no express or implied representation or warranty, including but not limited to, any warranty of merchantability or fitness for a particular purpose or as to the quality of the call.

Limitation of Liability
In no event shall VOne, its affiliates, subsidiaries, parent companies, agents, network service providers, partners, or employees be liable to you or any third party in any respect for any costs or damages arising either directly or indirectly from the use of VOne's services or software including without limitation any actual, incidental, consequential, exemplary, punitive, reliance or special damages, or for any loss of revenue, profits, use, data, goodwill or business opportunities of any kind or nature whatsoever, arising in any manner from any cause of action or claim relating to this agreement, to the services provided by VOne or to the use of the software. This limitation of liability applies equally to any third parties with whom VOne enters into a binding agreement to market, display and/or distribute the software to end users and such third parties shall not be liable to you or any other third party for any of the damages set forth above.

Indemnification
You agree to indemnify and hold VOne, its officers, directors, employees, agents, shareholders, licensors, suppliers, and any third party distributors harmless from and against any and all damages, losses, costs including attorney fees and expenses resulting from any violation by you of this Agreement or asserted by any third party due to or arising out of your use of or conduct with respect to the Software or Services.

Termination
VOne reserves the right to terminate this Agreement and your use of the Software and Services at any time and for any reason or no reason at all. You may terminate this Agreement at any time simply be ceasing to use the Software and Services. The provisions contained herein shall survive termination of this Agreement.

IP Addresses
Upon expiration, cancellation, or termination of this Agreement, you shall relinquish any IP address or addresses assigned to you by VOne.

Jurisdiction and Other Provisions
This Agreement and the relationship between VOne and you shall be governed in accordance with the laws of the HKSAR. Any dispute between you and VOne regarding this Agreement will be subject to the exclusive jurisdiction of the district and courts in the HKSAR. You agree to submit to exclusive jurisdiction in the HKSAR, and you expressly waive all defenses to jurisdiction. This Agreement is the entire agreement between you and VOne relating to your use of the Software or Services and supersedes any other communications or advertising with respect to the Software and Services. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. VOne's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. VOne may assign its rights and duties under this Agreement to any party at any time without notice to you.

Modifications of Agreement
VOne may modify this Agreement at any time without providing notice to you. Such modification will be made by posting a revised agreement on Sipear web site and such modification shall be deemed effective immediately upon posting of the modified Agreement. Your continued access or use of the Software or Services shall be deemed your acceptance of the modified Agreement. You agree to check our web site periodically to review such modifications.

Termination or Modifications of Software or Services
VOne reserves the right to terminate or modify the Software or Services at any time without providing notice to you. VOne's right to modify the Software or Services applies to all or any aspect of the Software or Services, including, without limitation, changes to the pricing of the Services and/or limitations on the duration of calls. Your continued access or use of the Software or Services shall be deemed your acceptance of such modifications. You agree to check our web site periodically to review such modifications.

Privacy
VOne Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. VOne is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy at http://www.sipear.com/privacy for additional information.

Language
The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall prevail.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT AND THAT, BY USING THE SOFTWARE, WEB SITE OR ANY OTHER VONE SERVICES, YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

Last Updated: May 2010 by V One Technology Limited.