Vphonet License Agreement

1. The Agreement.

This License Agreement is between you (the user) and LANS HK Ltd. This agreement applies to the usage of Vphonet software and of any and all services that can be accessed, reached, activated, or otherwise used by you when using Vphonet. Vphonet provides communication, including, but not limited to, Voice over IP (henceforth VoIP). All services, software, hardware, information, content, support, updates and upgrades. All aforementioned are collectively referred to as 'services' in terms of this document. Please note that this agreement limits liability for our services Agreeement unless specified otherwise. This agreement also limits your remedies. The relevant terms are discussed in detail on pp. 9, 10 and 11. We recommend that you read these agreements thoroughly.

 

2. Changes and Updates to This Agreement.

Please note that we may alter the terms of this Agreement at any time and without prior notice. You are advised to check our Internet site www.vphonet.com periodically for thelatest version of this Agreement. All changes to this Agreement become effective at the moment they are published. If you do not agree to the License Agreement, you must discontinue using Vphonet immediately.

 

3. Accessing and Using the Service.

You are solely responsible for all operations performed under your account or credentials. You must inform LANS HK Ltd. immediately of any unsolicited activity performed under your account or credentials or any other security problem that may be present with Vphonet. Never provide your Vphonet username or password to any third party. You must not provide any third party details which will allow them to identify you. You may not use any software, hardware or service that decreases the number of users connecting directly to Vphonet (software, hardware or service such as multiplexing or pooling). You only may use Vphonet software to connect to Vphonet services.

4. Limitations of Use.

We highly value the privacy, security, and protection of our services and users. You may not use Vphonet or any Vphonet service in any way that may cause harm to the Vphonet system, any of our users or customers, LANS HK Ltd. or any affiliated companies. The following are examples of harmful activities which are prohibited:

• Accessing or attempting to access any computer, network, software, or service affiliated with Vphonet or the Vphonet service, without prior approval.
• Disturbing or attempting to disturb the correct working of any computer, network, software, or service affiliated with Vphonet or any of the services.
• Accessing the Vphonet's services in order to gather information with the intention of using it for the designing, development or updating of unsolicited software you use or access Vphonet or any of the Vphonet's services
• Charging others for use or access to Vphonet or any of Vphonet's services. You may not use Vphonet or any of the Vphonet's services in an illegal or criminal way. You may not use Vphonet or any of the Vphonet's services to send, receive, or publish inappropriate materials or any materials that interfere the intellectual property rights of Vphonet or others

The following are examples of content, messages and actions which are prohibited:

• Using the Vphonet's service to participate in any chain, pyramid, or similar distribution or marketing.
• Using the Vphonet's service to send, whether directly or indirectly, large amounts of e-mails or other messages, or any other information, whether commercial or of any other nature, that was not specifically requested by the recipients.
• Defamation, insult, threat, abuse, or any other violation of any legal rights.
• Sending, publishing, or otherwise making available any material that constitutes intellectual property, unless you are the proprietor of said property or you have been granted the legal right to do so.
• Sending, publishing, or encouraging others to otherwise acquire malicious software, including, but not limited to, viruses, Trojan horses, worms, defective files, or any similar software piece which might cause harm to a computer, operating system, information, or any other's rights or property.
• Accepting or acquiring any information, data or software that cannot be legally acquired.
• Collecting information from or providing information to any third party, whether gratis or at charge, regarding (i) a list of Vphonet users, (ii) information about usage of Vphonet.
• Distortion or concealing of references to authors, proprieters, legal notices or other similar notices, labels of origin, any information, material or software in any oral, or any other message that you are transferring.
• Violating the customary code of behavior or any other regulation which may apply to usage of the Vphonet's services.
• Using Vphonet or any Vphonet service with the intention of gathering information about others, including, but not limited to, e-mail addresses, phone numbers, or Vphonet numbers.

 

5. Privacy

We consider all you usage of Vphonet and the Vphonet's services private. We do not regularly monitor your communication or disclose any information about your communication to a third party. However, we may monitor your communication, and disclose this information, including the contents of your communication, without notice, on the following terms:

• Such procedure is necessary to obey the law or comply with a juridical regulation.
• Such procedure is made in order to verify your compliance with the terms of this agreement.
• Such procedure is made to protect the rights, property, or the interests of LANS HK Ltd. its employees, customers, or the public. Always exercise caution when disclosing any personal or identifying information on Vphonet or any of the Vphonet's services.

 

6. Third-Party Content and Services.

LANS HK Ltd. or third-party Companies may provide contents via Vphonet or the Vphonet's services. LANS HK Ltd. holds no responsibility regarding any content that any third party may provide within any Vphonet's service. You may be connected to Internet services other than Vphonet's services via links provided in contents you may have received from third parties via the Vphonet's services. You are advised to use only services and software that have benn approved by LANS HK Ltd. Any links are provided for your convenience only. We have no control or responsibility over links provided by any third parties. You shall carry the sole responsibility for any and all contacts, connections or communications with any third party, including, but not limited to, supply of goods, services, or payments for such.

 

7. Software.

You usage of Vphonet's software, if provided to you, is governed by the terms of this agreement. Your only right to this software product is the right to use it accordingly to this agreement. LANS HK Ltd. reserves all other rights to this software product. LANS HK Ltd. remains the exclusive owner of the names, trademarks, copyrights, patents, and any other intellectual property of this software product. Vphonet reserves the right to automatically check the version of the software installed on your computer. Vphonet may at its discretion load onto your computer upgrades, updates, newer versions, or improvements to this software program. LANS HK Ltd. may discontinue support for outdated versions of the software. LANS HK Ltd. may declare any version of Vphonet outdated without prior notice, provided that an updated version is reasonably available. It is prohibited to disassemble, decompile, or otherwise reverse-engineer any software or hardware product which are part of the Vphonet product or service, unless said activity is expressly allowed by the applicable law. This software is subject to local and international software import and export regulations. These regulations may imply limitations apply to destinations, end users, or the usage.

 

8. Performance and Usage Data.

LANS HK Ltd. may at its discretion automatically load from you computer usage and performance statistics with the purpose of evaluating the technical parameters of the Vphonet software and the provided services. No personally identifying information will be loaded from your computer. You may cancel your agreement to loading of usage data (opt out), but not to loading of performance data.

 

9. Vphonet Disclaims All Liabilities.

This software and the services are provided "as is". To the maximum extent possible by law, neither LANS HK Ltd. nor any other company associated with LANS HK Ltd. shall provide any responsibility, whether direct or indirect. LANS HK Ltd. disclaims all responsibility, whether direct, indirect, implied, or statutory, including, but not limited to, responsibility for merchantability or fitting for a particular purpose. Also, there is no warranty of non-infringement and title or quiet enjoyment. LANS HK Ltd. does not warrant that the software is error-free or will operate without interruption. LANS HK Ltd. shall have no other responsibility or liability in regard to Vphonet or any of the Vphonet's services.

 

10. Limitation of Liability and Your Sole Remedy.

Under no circumstance shall LANS HK Ltd. be liable for any damages, including, but not limited to, any indirect, special, incidental, punitive cover or consequential damages (including, but not limited to, damages for the inability to use equipment or access data, loss of business, loss of profits, business interruption or the like), arising out of the terms of this agreement, your use of, or inability to use, the software or any of the Vphonet's services, even if LANS HK Ltd. has been advised the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose or is unenforceable. These limitations shall apply in all cases, disregarding whether the damages have occurred because of inability to abide by this contract or by any obligation, breach of contract or obligation, neglect, tort, or any other reason, provided that such limitation is not prohibited by the applicable law. If you are dissatisfied with the Vphonet product, any of the Vphonet's services, or this agreement, your sole and exclusive remedy will constitute the immediate discontinuation of use of Vphonet and any Vphonet's services.

 

11. Changes in Service and Other Liability Limitations.

LANS HK Ltd. may change Vphonet software or any of the Vphonet services, alter services or features, or add or remove services or features, without prior notice. Without limitation to the general nature of paragraphs (9) and (10), LANS HK Ltd. shall not be held responsible or liable for any content, including, but not limited to, any content that (i) violates any intellectual property rights, or other applicable law, or is rude, incorrect, offensive, indecent, defaming, or damaging, or (ii) any conduct, statement, or information by any third parties. Additionally, without limitation to the general nature of paragraphs (9) and (10), LANS HK Ltd. shall not be held responsible or liable for any (i) viruses, Trojan horses, worms, defective files, or any similar software piece which might cause harm to a computer, operating system, information, or any other's rights or property, or your ability to use Vphonet or any of the Vphonet services, (ii) compatibility with any other software, information, services, or data, (iii) any delay, inaccuracy, or failure in starting, committing, completing or receiving any transaction by Vphonet or any of the Vphonet services, (iv) any services or information provided by any third parties that are accessible via Vphonet or any of the Vphonet services. The limitations set forth in paragraphs (9), (10), and (11) are applicable to the maximum extent possible under the law and mean no revocation of any protection that the applicable law may enforce.

 

12. Customer Support.

Please see the 'About Us' section of Vphonet's software, Vphonet's services, and the Vphonet website to learn about all the help and assistance we can provide you (hencefort; Support).Vphonet does explicitly disclaim support for any third-party software and service extensions. For any third-party product, address their support, if provided.

 

13. Discontinuation of Service.

Unless you have a separate written agreement with LANS HK Ltd. regulating Vphonet service, we may cancel your subscription for any of Vphonet's services. LANS HK Ltd. may do so without prior notice. When your subscription of the service is stopped or cancelled, your right to use that service expires immediately. Once your subscription for the service has been cancelled, your right to use that service expires immediately and no information may be recovered, even if your subscription is later reinstated.

 

14. State and Court for Setting Legal Disputes.

This agreement will be governed by the laws of the state in which you have purchased this software or service. In case you have purchased this software or service via the Internet, this agreement will be governed by the laws of the state in which the holding company of the said Internet site is registered. All other legal disputes, including prosecutions for violations of consumer rights laws, unfair competition or business conduct, shall be governed by the laws of your domicile.

 

15. Interpretation of This Agreement.

All parts of this agreement apply to the maximum permissible extent under applicable law. If any provision of this Agreement should be held contrary to law by a court of competent jurisdiction, that provision will be enforced to the maximum extent according to the interpretation closest to the original provision. All remaining provisions of this agreement will remain in full force and effect. This is the entire agreement between you and LANS HK Ltd. This Agreement makes all previous agreements between you and LANS HK Ltd. void. If you have any confidentiality commitment towards LANS HK Ltd., these commitments shall remain firm and valid. The titles in this Agreement imply no limitations on other terms in this agreement.

 

16. Endorsement.

LANS HK Ltd. may, at its discretion, endorse this agreement, whether fully or partially, without prior notice. You may not endorse this agreement, or any part of it, to any third party. Any attempt on your behalf to do so will be invalid. Instead, you may discontinue your subscription to Vphonet software and all of Vphonet's services. The third party may then engage in a legal agreement with LANS HK Ltd.

 

17. Limitation of Filing Term for Legal Charges.

Any charges you may wish to file are to be filed within the period of one year. The period of one year begins from the moment it was possible to file such charge. If a charge is not filed within this period, this charge will expire. This limitation applies to you or anyone who may inherit your rights. This limitation also applies to LANS HK Ltd.

 

18. Sending Messages to LANS HK Ltd.

You may send these messages by email, using either the 'Contact us' page on our website or the Vphonet 'Support' section on our website.

 

19. Messages from LANS HK Ltd. to You.

LANS HK Ltd. may send you information about Vphonet's products, services, and promotions to your email account, to your Vphonet account, as instant messages to your customer account or through our website. As long as you continue using Vphonet or Vphonet's services, you will be able to receive said messages. If you do not agree to receive electronic messages, you must discontinue using Vphonet and Vphonet's services.

 

20. Intellectual Property Notifications.

The entire contents of the Vphonet's website, and all related or affiliated sites, are copyrighted by LANS HK, all rights reserved. The Vphonet logo is the intelectual property of LANS HK Ltd. Other product names or company names may be trademarked by their respective owners. All names of companies, organizations, people, and events which appear as examples in this agreement are fictional. Any resemblance to reality is unintended and incidental. Vphonet may have patents, pending patents, trademarks, copyrights, or other intellectual property rights in regard to any material that may appear on Vphonet or in any of Vphonet's services. Unless you have been specifically granted a license to any of said intellectual property under this or any separate agreement, the providing of this information does not imply the granting any rights regarding said intellectual property. Any rights that were not hereby expressly granted are reserved.

 

21. Informing and Charging Procedure in Regard to Breach of Intellectual Property,
 According to USA law.

According to the United States Code, Title 17, Section 512 (c) (2), reports of alleged breach of intellectual property must be filed with the authoritative representative of the service provider. Any report which proves irrelevant shall not be answered.