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END-USER LICENSE AGREEMENT FORTHE CONFERENCING CENTER RESERVATIONLESS PLUS VOIP SOFTWARENOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY. THIS END-USER LICENSE AGREEMENT("LICENSE AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU AND THE CONFERENCING CENTER,INC. FOR THE THE CONFERENCING CENTER SOFTWARE THAT ACCOMPANIES THIS LICENSE AGREEMENT,WHICH INCLUDES ASSOCIATED MEDIA AND THE CONFERENCING CENTER INTERNET-BASED SERVICES("SOFTWARE"). BY COPYING, INSTALLING OR USING ANY PORTION OF THE SOFTWARE YOU ACCEPT ALLTHE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, ORUSE THE SOFTWARE.THE CONFERENCING CENTER, ITS SUBSIDIARIES AND/OR ITS SUPPLIERS OWN ALL INTELLECTUALPROPERTY IN THE SOFTWARE. THE SOFTWARE IS LICENSED TO YOU, NOT SOLD. THE CONFERENCINGCENTER PERMITS YOU TO COPY, DOWNLOAD, INSTALL, USE OR OTHERWISE BENEFIT FROM THEFUNCTIONALITY OR INTELLECTUAL PROPERTY OF THE SOFTWARE ONLY IN ACCORDANCE WITH THETERMS OF THIS AGREEMENT. USE OF SOME THE CONFERENCING CENTER AND SOME THIRD PARTYMATERIALS AND SERVICES INCLUDED IN OR ACCESSED THROUGH THE SOFTWARE MAY BE SUBJECTOTHER TERMS AND CONDITIONS FOUND IN A SEPARATE SERVICE AGREEMENT OR TERMS OF USE FOUNDAT HTTP://MEETINGCONNECT.NET/TERMS/INDEX.PHP.1.GRANT OF LICENSE. If you obtained the Software from The Conferencing Center or one it’s authorized licensees,and as long as you comply with the terms of this License Agreement, The Conferencing Center grants you a non-exclusivelicense to use the Software. You may install and use one copy of the Software up to the number of valid licenses granted byThe Conferencing Center (the “Permitted Number”); or you may install the Permitted number of copies of the Software oncomputer file server(s) within your private, proprietary network resource accessible only by employees and individualcontractors (i.e., temporary employees) of a your corporation or similar business entity (the “Internal Network”) for thepurpose of downloading and installing the Software on up to the Permitted Number of computers within the same InternalNetwork.2.OPEN SOURCE CODE. The third-party software contained in this Software may include or contain softwarelicensed under the following licenses, GNU General Public License (“GPL”) or Lesser GNU General Public License (“OpenSource Programs”). These Open Source Programs are licensed pursuant to a end user license agreement that permits the enduser to copy, modify, and redistribute the software, in both source code and binary code forms. These end user licenseagreements are in section 29 of this Agreement. Nothing in this EULA limits an end user’s rights under, or grants the end userrights that supersede, the terms of any applicable Open Source Program end user license agreement.3.SERVER USE. You may install the Permitted Number of copies of the Software on computer file server(s) withinyour Internal Network only for use of the Software initiated by an individual from a computer within the same InternalNetwork. The total number of users (not the concurrent number of users) able to use the Software on such computer fileserver(s) may not exceed the Permitted Number. By way of example, the foregoing does not permit you to install or access(either directly or through commands, data or instructions) the Software: (i) from or to a computer not part of your InternalNetwork, (ii) for enabling web hosted workgroups or services available to the public, (iii) by any individual or entity to use,download, copy or otherwise benefit from the functionality of the Software unless licensed to do so by The ConferencingCenter, (iv) as a component of a system, workflow or service accessible by more than the Permitted number of users, or (v) foroperations not initiated by an individual user (e.g., automated server processing).4.DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. You may not use any The Conferencing CenterInternet-based services associated with the Software in any manner that could damage, disable, overburden, or impair suchservices or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access toany service, account, computer systems or networks associated with the Internet-based services.5.RESERVATION OF RIGHTS AND OWNERSHIP. The Conferencing Center reserves all rights not expresslygranted to you in this License Agreement. The Software is protected by copyright and other intellectual property laws andtreaties. The Conferencing Center or its suppliers own the title, copyright, and other intellectual property rights in the
Software. The Software is licensed to you, not sold. This License Agreement does not grant you any rights to trademarks orservice marks of The Conferencing Center.6.LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may notreverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expresslypermitted by this License Agreement or applicable law notwithstanding this limitation.7.NO TRANSFER/RENTAL/COMMERCIAL HOSTING. You may not rent, lease, sell, sublicense, assign, lend,transfer your rights in the Software, or authorize any portion of the Software to be copied onto another individual or legalentity’s computer or provide commercial hosting services with the Software except as may be expressly permitted herein.8.CONSENT TO USE OF DATA. You agree that The Conferencing Center and its affiliates may collect and usetechnical information gathered as part of the product support services provided to you, if any, related to the Software. TheConferencing Center may use this information solely to improve our products or to provide customized services ortechnologies to you and will not disclose this information in a form that personally identifies you.9.LINKS TO THIRD PARTY SITES. The Conferencing Center is not responsible for the contents of any third-partysites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services.The Conferencing Center is providing these links and access to third-party sites and services to you only as a convenience, andthe inclusion of any link or access does not imply an endorsement by The Conferencing Center of the third-party site orservice.10.ADDITIONAL SOFTWARE/SERVICES. This License Agreement applies to updates, supplements, add-oncomponents, or Internet-based services components, of the Software that The Conferencing Center may provide to you ormake available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separateterms. The Conferencing Center reserves the right to discontinue Internet-based services provided to you or made available toyou through the use of the Software.11.EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree tocomply with all applicable international and national laws that apply to the Software, including the U.S. Export AdministrationRegulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.12.TERMINATION. Without prejudice to any other rights, The Conferencing Center may terminate this LicenseAgreement if you fail to comply with the terms and conditions of this License Agreement. In such event, you must destroy allcopies of the Software and all of its component parts.13.CHANGES TO SOFTWARE. The Conferencing Center may, at its sole discretion and from time to time, enhanceand/or expand the features of a Software at no additional cost to Customer. The Conferencing Center may also, at its solediscretion and from time to time, make available additional features and/or functionalities to the Software. Further, TheConferencing Center may elect to discontinue the availability of a Software, provided that such discontinuance will beeffective no earlier than expiration of the then-current Initial or Renewal Term as specified in the applicable Order. Customeragrees that The Conferencing Center is free to use and incorporate into The Conferencing Center products and services anysuggestions, ideas, recommendations, bug reports, or other feedback that Customer provides to The Conferencing Centerwithout payment of compensation to Customer.14.BETA SOFTWARE. The Conferencing Center may, at its sole discretion, make available to Customer a "beta"version of any of the Software (the "Beta Software") for purposes of evaluation and feedback. Customer acknowledges thatthe Beta Software(s) Customer is evaluating may contain bugs, errors and other problems and is provided to Customer "ASIS." The Conferencing Center disclaims any warranty or liability obligations to Customer of any kind with respect to the BetaSoftware. Customer further acknowledges the importance of communication between The Conferencing Center and Customerduring Customer's use of the Beta Software and hereby agrees to receive related correspondence and updates from TheConferencing Center. In the event Customer requests to opt-out from such communications, Customer's participation in theBeta Software will also be canceled. Customer also hereby acknowledges that The Conferencing Center has not made anyrepresentations, promises or guarantees that the Beta Software will ever be announced or made available to anyone in thefuture and that The Conferencing Center has no express or implied obligation to Customer to announce or introduce the BetaSoftware. During the The Conferencing Center Beta program, Customer will be asked to provide feedback regarding
Customer's use of the Beta Software(s). Customer agrees that The Conferencing Center is free to use and incorporate into TheConferencing Center products and services any suggestions, ideas, recommendations, bug reports, or other feedback(including, but not limited to, feedback on any Beta Software) that Customer provides to The Conferencing Center withoutpayment of compensation to Customer. The Conferencing Center may suspend or terminate access to Beta Software (anddelete any Content or data provided to The Conferencing Center with respect to such Beta Software(s)) at any time, withoutnotice and without any liability to Customer.15.CUSTOMER ACCOUNTS. Customer agrees that Customer is solely responsible for maintaining the confidentialityof Customer's username, account number and passwords and solely responsible for any unauthorized usage. Customer agreesto immediately notify The Conferencing Center of any unauthorized use of Customer's account of which Customer becomesaware.CUSTOMER CONTENT. Customer agrees that it is solely responsible for the content of all visual, written or audiblecommunications and any other material ("Content") displayed, uploaded, exchanged or transmitted on or through theSoftware. Under no circumstances will The Conferencing Center be liable to Customer for any loss or damages: (i) arisingfrom any Content, or Content related errors or omissions; or (ii) incurred as a result of the use of, access to, or denial of accessto the Content. Customer understands and agrees that by displaying, uploading, exchanging or transmitting Content whileusing the Software or otherwise providing Content to a The Conferencing Center website or space ("Site"), Customerautomatically grants (and warrants and represents it has a right to grant) to The Conferencing Center, solely for the purpose ofoffering the Sites and/or the Software to Customer, a world-wide, royalty-free, sublicensable (so The Conferencing Centeraffiliates, contractors, resellers and partners can deliver the Software), perpetual, irrevocable license to use, modify, publiclyperform, publicly display, reproduce and distribute the Content. If at any time Customer objects to any material on a Site,Customer's sole remedy is to cease using it (to the extent not prohibited by applicable law). The Conferencing Center does notendorse and has no control over what Customers or other users of the Software ("Users") post or submit to a Site. Customershall contact us by mail at: The Conferencing Center, 8420 West Bryn Mawr Suite 1100, Chicago, IL 6063 if Customerbecomes aware of misuse of the Software by any person. The Conferencing Center cannot guarantee the accuracy of anyinformation submitted by any User or Content, nor any identity information about any User. The Conferencing Center maywithout notice or liability investigate any complaints and violations or suspected violations of this Agreement that come to itsattention and may take any action that it believes is appropriate, including, but not limited to, to rejecting, refusing to post orremoving any profile, posting Content, or other data, or restricting, suspending, or terminating Customer or any User's accessto a Site or Software, However, because situations and interpretations vary, The Conferencing Center also reserves the rightnot to take any action.16.CUSTOMER COMMUNICATIONS. Customer agrees that Customer will not use the Software to send unsolicitedtelephone calls, text messages, or emails outside Customer's company or organization (e.g., "spam") in violation of applicablelaw, falsify any email header information when sending emails (e.g., "spoofing"), or attempt to acquire sensitive informationsuch as usernames, passwords and credit card details by masquerading as a trustworthy entity (e.g., "phishing"). Customerfurther agrees not to use the Software to communicate any message or material that is harassing, libelous, threatening,obscene, or that would violate the intellectual property rights of any party, give rise to civil liability, constitute a criminaloffense, or is otherwise unlawful under any applicable law or regulation. Customer agrees to indemnify, defend and holdharmless The Conferencing Center from any and all third party claims, liability, damages and/or costs (including, but notlimited to, attorneys' fees) arising from Customer's violation of this Section 17.17.PRIVACY. Use of the Sites and the Software constitutes consent by Customer to The Conferencing Center's and/orits affiliates' collection and use of such information and, for European Economic Area (EEA) customers, to the transfer of suchinformation to a location outside the EEA. Use of Sites and the Software is also subject to the The Conferencing Center, Inc.Online Privacy Statement located at http://meetingconnect.net/privacy.php, which is incorporated into this Agreement by thisreference. The foregoing notwithstanding, The Conferencing Center may contact Customer via e-mail or otherwise withinformation relevant to Customer's use of the Software and payment obligations, if any, regardless of whether Customer hasopted out of receiving such notices. Customer's also agrees to have Customer's name and/or email address listed in the headerof certain communications Customer initiates through the Software.18.PROPRIETARY RIGHTS. Excluding Customer Marks and Content, The Conferencing Center and/or its suppliers, asapplicable, retain ownership of all proprietary rights in the Software and Sites and in all trade names, trademarks, servicemarks, logos, and domain names ("The Conferencing Center Marks") associated or displayed with the Software. Customermay not frame or utilize framing techniques to enclose any The Conferencing Center Marks, or other proprietary information
(including images, text, page layout, or form) of The Conferencing Center without The Conferencing Center's express writtenconsent. Customer may not use any meta tags or any other "hidden text" utilizing The Conferencing Center Marks without TheConferencing Center's express written consent.19.USE OF CUSTOMER'S NAME AND LOGO. For certain Software, Customer agrees that The Conferencing Centermay use Customer's name, logo and other trademarks or service marks of Customer (collectively "Customer's Trademarks")for the sole purpose of creating the Customer Site. Nothing in this Agreement transfers to The Conferencing Center any right,title or interest in or to the Customer's Trademarks, and all goodwill arising from use of the Customer's Trademarks will inureto the Customer's benefit.20.COPYRIGHT. Customer retains copyright and any other rights it already holds in Content which Customer submits,posts or displays on or through, the Software. Customer may not post, modify, distribute, or reproduce in any way copyrightedmaterial, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner ofsuch proprietary rights. The Conferencing Center may deny access to the Sites or the Software to any User who is alleged toinfringe another party's copyright. Without limiting the foregoing, if Customer believes that Customer's copyright has beeninfringed, it shall provide The Conferencing Center's Copyright Agent with the following information: (i) an electronic orphysical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of thecopyrighted work that Customer claim has been infringed; (iii) a description of where the material that Customer claim isinfringing is located on the Software or a Site; (iv) Customer's address, telephone number, and email address; (v) a writtenstatement by Customer that Customer has a good faith belief that the disputed use is not authorized by the copyright owner, itsagent, or the law; (vi) a statement by Customer, made under penalty of perjury, that the above information in Customer'snotice is accurate and that Customer is the copyright owner or authorized to act on the copyright owner's behalf. TheConferencing Center's "Copyright Agent" for notice of claims of copyright infringement can be reached as follows: CopyrightAgent, The Conferencing Center, Inc., 8420 West Bryn Mawr Ave., Suite 1100, Chicago, IL 60631. The event Customer'scontent is removed pursuant to this process, Customer will receive information on how to file a counter-notice. Notices andcounter-notices are legal notices distinct from regular Software activities or communications. As such, they are not subject toThe Conferencing Center's Privacy Policy. This means The Conferencing Center may publish or share them with third partiesat The Conferencing Center's discretion, and The Conferencing Center may produce them pursuant to a legal discoveryrequest.21.LEGAL COMPLIANCE. Customer agrees that Customer will comply with all applicable laws and regulations inconnection with Customer's use of the Software, including, but not limited to: (a) with respect to personally identifiableinformation sent or received by Customer, all applicable privacy laws and regulations, (b) laws relating to the recording ofcommunications, including, when required, advising all participants in a recorded The Conferencing Center meeting or eventthat the meeting or event is being recorded, and (c) laws relating to the use of VoIP-based services, if applicable. It is the soleresponsibility of Customer to ensure it has the right to use all features of the Software in Customer's jurisdiction. TheConferencing Center may modify or not make available Software or Software features to comply with applicable laws andregulations. Customer represents that Customer is not an individual less than 18 years of age, or an emancipated minor, or overthe age of 13 and possess legal parental or guardian consent to register for and use the Sites and Software. The ConferencingCenter products, technology and the Software are subject to U.S. and local export control laws and regulations. Customer shallcomply with such laws and regulations governing use, export, re-export, and transfer of products, technology and Softwareand will obtain all required U.S. and local authorizations, permits, or licenses. Customer certifies that Customer and any thirdparties Customer invites will not use the Software from within an embargoed country. Customer certifies that they are not onthe U.S. Department of Commerce's Denied Persons Lis
the conferencing center reservationless plus voip software notice to user: please read this agreement carefully. this end-user license agreement ("license agreement") is a legal agreement between you and the conferencing cen
