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End User License Agreement

EULA – End User License Agreement (“Agreement”)

 

Last updated: July 24th 2018

 

Please read this End User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading, installing or using TelcoBridges (“Company”) product(s) (“Application”).

 

By clicking the “I Agree” button, downloading, installing or using the Application, you (You) are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not click on the “I Agree” button, do not download, do not install or do not use the Application.

 

1. Pricing

 

The product is provided to you based on the payment (if any) when You downloaded the software.  You are solely responsible for any fees including but not limited to servers, machines, storage, network bandwidth usage, memory usage or any other costs incurred from the installation or use of the Application.

 

2. Limited License Grant

 

Subject to Your compliance with the terms of this EULA (including payment of all applicable fees), Company grants You a revocable, non-exclusive, non-transferable, limited right to install and use one instance of the Application on a server, machine or cloud (“System”) owned and/or paid and/or controlled by You, and to access and use the Application on such System strictly in accordance with the terms and conditions of this License.

 

3. Restriction on Use

 

You shall use the Application strictly in accordance with the terms of the Agreement and shall not:

(a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application;

(b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application;

(c) violate any applicable laws, rules or regulations in connection with your use of the Application;

(d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark or logo) of Company or its affiliates, partners, suppliers or the licensors of the Application;

(e) use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended unless being authorized in writing to do so by Company;

(f) re-sell the Application unless being authorized in writing to do so by Company;

(g) install more than one instance of the Application per Limited License;

(h) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Company unless being authorized in writing to do so by Company;

(i) use the Application to send automated queries to any phone or to send any unsolicited commercial voice calls;

(j) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application.

 

4. Intellectual Property

 

Company remains the sole and unique owner of intellectual property rights of its products.  This Agreement does not entitle or transfer You to any rights of ownership on the Application or any derivative.

 

5. Technical Support and Maintenance

 

Maintenance, upgrades and/or support for the Application will be provided by Company only if You have purchased and paid all fees associated with each of these items.  At its sole discretion, the Company may or may not decide to include bug fixes, enhancements or patches into a specific Application’s version or code branch.  You may need to upgrade to a specific Application’s version to benefit from bug fixes, enhancements or patches.  The Company may or may not update or remove any versions of the Application for any or no reason with or without prior notice.

 

6. Infringement Acknowledgment

 

You acknowledge and agree that, in the event of a third party claim that the Application or Your possession or use of the Application infringes any third party’s intellectual property rights, You (and not Company) will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify Company in writing of such a claim.

 

7. Termination of Licensing

 

Company may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to you hereunder with or without prior notice.  Furthermore, if You fail to comply with any terms and conditions of this License, then this License and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by the Company.  Upon the termination of this License, You shall cease immediately all use of the Application and uninstall the Application.

 

8. Disclaimer of Warranties

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

 

9. Consent to Use of Data and Privacy Policy

 

The Company may collect and use technical information gathered as part of the usage of the Application, and may use this information to improve its products and services. The Company shall not disclose any of this information in a form that personally identifies You, calling or called parties.

 

We collect information to provide better services to all of our users. The information we collect, and how that information is used, depends on how and which features you use, and also the ones you don’t use, in our products and services.

 

Information we collect as you use our products and services:

 

The information we collect includes, but is not limited to, unique identifiers, settings of the software license, device type and settings, operating system, and application version number, usage statistics and other information available. We also collect information about the interaction of your apps, browsers, and devices with our products and services, including IP addresses, crash reports, system activity, system usage, and the date, time of requests.

 

We collect this information when an Application service on your device contacts our servers – for example, when you download and install an Application or a license from our servers or when a service checks for automatic updates. Also when you connect to an Application instance, your device periodically contacts Company servers to provide information about your device and the use of our products and services.

 

If you use our products and services to make and receive calls, we may collect telephony log information like phone numbers, calling-party numbers, receiving-party numbers, forwarding numbers, time and date of calls, duration of calls, routing information, types of calls and other information we may require.

 

Development of new services:

 

We also use the information we collect in existing services to help us develop new ones. We use the information we collect to customize our Application and services for you.

We use data for analytics and measurement to understand how our Application and services are used. For example, we analyze data about your usage of our Applications and services to do things like optimize our product design.

 

Communicate with you:

 

We use the information we collect, like your email address, to interact with you directly. We may let you know about upcoming changes or improvements to our products and services.

We’ll ask for your consent before using your information for a purpose that isn’t covered in this Privacy Policy.

We do not share your information with companies, organizations, or individuals outside of TelcoBridges.

 

10. Limitation of Liability

 

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall the Company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

 

11. Audit

 

Company reserves the right to audit Your use of Paid Products no more than once annually at Company’s expense. Company shall schedule any audit at least thirty (30) days  in  advance.  Any  such  audit  shall  be conducted during regular business hours at Your facilities and shall not unreasonably interfere with Your business activities. If such audit reveals that You has underpaid fees to Company, You shall promptly pay to Company such fees for any underpayment at the prices previously agreed for the Application. If such audit reveals that You has overpaid fees to Company, Company shall promptly credit to You any overpayment at the prices previously agreed for the Application.

 

12. Export control

 

You shall comply, and shall cause your distributors and integrators to comply, with all Canadian and U.S. laws and regulations controlling the export of certain commodities and technical data, including, without limitation all Regulations and Policies of Foreign Affairs and International Trade Canada and all Export Administration Regulations of the United States Department of Commerce. Among other things, these laws and regulations prohibit or require a license for the export of certain types of commodities and technical data to specified countries.  You hereby give assurance that You will comply, and will cause Your distributors and integrators to comply with all Canadian and U.S. export control laws and regulations and agree to obtain, at Your expense, all necessary licenses and other authorizations and documentation prior to the exportation or re-exportation of any software or other product acquired from the Company.  For further information on countries for which there are export restrictions you can visit web sites including the following:

http://www.international.gc.ca

http://www.bis.doc.gov

 

13. Force majeure

 

Company shall not be responsible for any delay or failure in performance of any or all of its obligations under this Agreement caused by any act, omission, or event beyond Company’s reasonable control.

 

14. Governing law

 

This agreement is governed by and construed in accordance with the laws applicable in the Province of Quebec, Canada.

 

The courts sitting in the judicial district of Montreal, Province of Quebec, Canada, shall have jurisdiction to hear any claim or other proceeding arising in connection with the present agreement.

 

15. Severability

 

Should any provision of this Agreement be deemed contrary to applicable law and/or unenforceable by any court of competent jurisdiction, such provision shall be considered severed from these Agreement but all remaining provisions shall continue in full force.

Warranty Information

TelcoBridges Warranty Information

Standard Warranty

 

TelcoBridges’ provides you with total peace of mind. Not only can you count on our product to be the most stable and reliable in the industry, you can also count on our comprehensive 12 month product warranty. This comprehensive warranty gives you more than just protection against defects in material and workmanship, it also goes further by providing you the following additional coverage (also applies to extended warranty):

 

 

Advanced RMA

Advanced RMA gives you peace of mind knowing that even in the unlikely event of a warranty claim,  TelcoBridges will send you a replacement product in advance of having received the warranted product. No need to wait for shipping, or for inspections. Just fill-in an RMA and we will immediately ship you a replacement product.

 

Software Upgrades

TelcoBridges has 2 types of software revisions:

  • Updates which optimize the current version’s features and capabilities. All of our products come with our TB Support Standard program. This support program includes software updates, thus ensuring that your current version is always running as smoothly as possible.
  • Upgrades which adds new features and capabilities to the current version. Upgrades allow you to take advantage of TelcoBridges latest developments, allowing your investment to grow as you do. This futurproofing service is only available for products that are under warranty. This includes extended warranty.

 


Extended Warranty

 

TelcoBridges offers you the possibility to extend your warranty beyond the standard 12 months. By extending your warranty you not only ensure that you continue to be protected against defects in material and workmanship, it also extends your advanced RMA privileges and access to software upgrades.

In order to continue to benefit from our comprehensive warranty coverage which includes advance RMA, and access to our latest software Upgrades it is important to keep your product covered with extended warranty.

Contact your TelcoBridges advisor today to learn more, or to extend your warranty.


 

Please consult our Product Warranty .PDF on TB wiki for the full terms & Conditions of our standard and extended warranty.

Conflict Minerals Policy

Conflict Minerals Policy

Suppliers are requested to ensure that parts and products supplied to TelcoBridges are DRC conflict-free (do not contain metals derived from “conflict minerals”; columbite-tantalite (tantalum), cassiterite (tin), gold, wolframite (tungsten) (TTT&G), or their derivatives such that they do not directly or indirectly finance or benefit armed groups through mining or mineral trading in the Democratic Republic of the Congo or an adjoining country).

There has been increased awareness of violence and human rights violations in the mining of certain minerals from a location described as the “Conflict Region”, which is situated in the eastern portion of the Democratic Republic of the Congo (DRC) and surrounding countries. The Electronic Industry Citizenship Coalition (EICC) and the Global e-Sustainability Initiative (GeSI) have requested that companies undertake reasonable due diligence with their supply chain to assure that specified metals are not being sourced from mines in the Conflict Region, which is controlled by non-government military groups, or unlawful military factions.

TelcoBridges is in the process of implementing due diligence efforts with there supplier in verifying the origin of such minerals in our products.

ROHS Policy

Restriction of Hazardous Substances Directive (or RoHS) is a directive of the European Union concerning the use of certain hazardous substances in electrical and electronic equipment.

 

TelcoBridges and RoHS 2 (2011/65/EU)

On July 1, 2006, the European Union (EU) Member States had to ensure that new electrical and electronic equipment (EEE) placed on the market did not contain lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB) or polybrominated diphenyl ethers (PBDE) as per the original RoHS (Restriction of Hazardous Substances) Directive (2002/95/EC). Under this directive, exemptions were allowed to be used with some specific conditions.

On June 8, 2011, the EU released the recast of the RoHS directive (2011/65/EU, RoHS 2). Under this revision, the RoHS directive is considered a CE Marking directive. Additionally, some exemptions were discontinued and considered expired as of January 2, 2013.

On January 2, 2013, the EU Member States had to adopt and publish the laws and administrative provisions necessary to comply with the RoHS 2 directive.

As a result, Telcobridges has taken the appropriate measures to meet the requirements of the RoHS 2 directive.

 

Waste Electrical and Electronic Equipment (WEEE) – Product Recycling

In support of our environmental goals, TelcoBridges offers a formal product take-back and recycling program in Europe that complies with the European Union Directive 2002/96/EC on waste electrical and electronics equipment (“WEEE Directive”).

Equipment that is returned through this program will be handled in an environmentally safe manner using processes that comply with the WEEE directive requirements. Please contact us for further information.

 

Batteries

Batteries in use in TelcoBridges products are Lithium, button cell batteries, which comply with Directive 2006/66/EC, avoiding the use of hazardous content such as cadmium and mercury.

End-of-Life Policy

TelcoBridges End-of-Life Policy:

TelcoBridges has made it a policy not to End-of-Life (EOL) its products.

Unlike some of competitors in the telecom market, TelcoBridges has never yet discontinued any of its merchandise, and the company continues to support all of the telecom equipment it has sold since it was founded in 2002.

TelcoBridges is able to offer its customers such reliability by designing long-lasting and reliable products, and building strong relationships with only the best suppliers that can also commit to a no-EOL policy. The company actively seeks out vendors that will take part in this pledge, allowing it to continuously source materials for its components. Moreover, TelcoBridges takes care to craft long-term supply agreements with its suppliers so that it can avoid circumstances that might result in EOL announcements.

Product End-of-Life Policy

TelcoBridges remains steadfast in its commitment to avoid EOL announcement for any of the products it offers. However, If such a situation should arise, the company has developed a generous EOL plan that guides its customers through a transition from their legacy equipment to new devices.

This policy applies to all End-of-Sale announcements from September 1st, 2011 onward.

Product End-of-Sale Announcements:

TelcoBridges has never issued any End-of-Sale Announcements.

Website Legalities

Privacy Policy

TelcoBridges follows the 10 principles set out by the Personal Information Policy and Electronic Documents Act (PIPEDA)

(Last updated: June 4, 2018) According to Canadian legislation, updated January 2004, TelcoBridges follows the 10 principles set out by the Personal Information Policy and Electronic Documents Act (PIPEDA):

[1] Accountability
[2] Purpose
[3] Consent
[4] Limiting collection
[5] Limiting use, disclosure & retention
[6] Accuracy
[7] Safeguards
[8] Openness
[9] Individual access
[10] Challenging compliance

For more information pertaining to your rights, responsibilities and the act as per the listing above, please refer to: http://priv.gc.ca.

 

[1] Accountability

TelcoBridges™ Inc. complies with the 10 principles set out by the Personal Information Policy and Electronic Documents Act.

TelcoBridges protects all personal information held by the organization through its procedures & policies and security infrastructure. Personal partner information is never transferred to a third party without specific consent of the partner/prospect.

TelcoBridges is accountable to all stipulations in the corporate privacy policy.

 

[2] Purpose

TelcoBridges collects the following personal partner information:

1. To provide a quote (the prospect/partner information is collected):

Information collected includes: contact name(s), company name, address, telephone, fax, mobile, e-mail, web site, the contact(s) type of business (system integrator, solutions developer, value added re-seller, etc.

This information is used to ensure the proper processing of the quote(s) which lead to orders and efficient delivery of product(s)/service(s).

All information collected is transferred into TelcoBridges corporate CRM system, whereby all marketing and sales employees may view given information. Only marketing and sales personnel have access permissions to change prospect/partner information.

2. For marketing purposes:

The marketing department regularly sends product information, press releases, promotions, and other communications  via email, fax, direct mail, other to prospects/partners so that they are aware of events, promotions, product or industry information that may be of benefit and/or interest.

TelcoBridges always provides a means of “opting out” of the given media effort(s) from that time on if the prospect/partner so desires.

Prospects/partners are added to the TelcoBridges list:
• As soon as they are provided a quote
• If they provide their information to TelcoBridges through a trade show or event (ex. Webinar)
• If they have contacted us through www.telcobridges.com via email, online form, other
• If they have been contacted or contact someone within the TelcoBridges sales team

As soon as prospects/partners are: quoted, participate in an event or trade show, and/or submit a request online, they are made aware of their inclusion on theTelcoBridges list.

Prospects/partners may register themselves into the TelcoBridges data-base via various online resources, ex. TelcoBridges online: forms, contact email,  other.  It is understood that upon submission of the registration the prospect/partner is opting-in to the TelcoBridges database.  From this point on, all contact made with the prospect/partner will have set-out methods of opting-out, feedback and access to the detailed privacy policy.

The purpose of collecting Marketing data:
To inform prospects/partners, through various forms of marketing, of new/existing products, brands, service offerings, news, promotions and events in the telecom industry. The marketing department will only use personal information, provided by an individual to TelcoBridges, for the purpose of receiving marketing literature/promotions/other, unless the client suggests otherwise and therefore provides consent.  All personal information will be collected through e-mail, Internet, fax, telephone, mail.

Each TelcoBridges Internet/email marketing campaign will contain:
• TelcoBridges privacy policy, and who to contact with questions
• A way to Opt-out of the marketing initiative
• A way to correct personal information
• A way to provide feedback

In signing quote(s) the prospect/partner confirms his/her knowledge of our privacy policy and agrees to inclusion into our database. However after an initial email/fax/other marketing communication, the prospect/partner can decide, if they so choose, to opt-out of this database.  Prospects/partners can opt-out of the marketing database at anytime by contacting TelcoBridges via telephone, fax, email or online.

 

[3] Consent

Consent occurs in the signing of on the quote (filed by TelcoBridges for proof of signature – accounting dept.) in the case of new/existing partners. In the case of prospects, consent is obtained either online (in the case of press room sign up, completion of online forms, requests, etc) or via telephone/mail for postal mailings (consent tracked by TelcoBridges Marketing dept.).

In the event that a prospect/partner chooses to remove their name from theTelcoBridges marketing database (consent is withdrawn), they take on the responsibility of not being made aware of new promotions, new brands, new services, current events, other promotions/communications that TelcoBridges may be offering at any given time.  It should be understood that in opting-out of the TelcoBridges marketing database, no marketing materials or campaigns will be communicated to the prospect/partner unless otherwise specified.

 

[4] Limiting collection

TelcoBridges will only collect information pertinent to the processing, delivery and support of their products.  In the case of marketing materials, only information pertinent to the delivery and tracking of the marketing materials/campaign will be collected (as little as: name, company name, and e-mail – as much as: name, company name, address, tel., fax, e-mail).

 

[5] Limiting use, disclosure and retention

Personal information, pertaining to the prospect/partner will only be used in the following circumstances:
• Proper order processing and delivery.
• Effective communication of events, promotions, promotional materials, catalogues, press releases, ads, other marketing campaigns, etc.
• To facilitate any other communication request to TelcoBridges Inc. from the prospect/partner.

No client information will be disclosed for reasons other than those stipulated above.

 

[6] Accuracy

Prospect/partner information can be modified/updated at any time.  Prospects/ partners may request their own personal contact information to revise/update, as they would choose. If TelcoBridges is contacted with a request to modify and/or change a prospect’s/partner’s information, all changes will be made within 2 business days.

In order for a prospect/partner to receive the listing of the information being held by TelcoBridges, prospect/partner should contact TelcoBridges via e-mail, fax or phone and TelcoBridges will send them the appropriate information as requested. Prospects/partners should contact TelcoBridges for all personal information stipulated above.

 

[7] Safeguards

Within TelcoBridges, client information is protected through various means:
• Limited access to those who directly deal with the accounts.
• The TelcoBridges network infrastructure including firewalls, etc.
These two precautions will ensure that information is appropriately used and dispersed within the organization (TelcoBridges) allowing for the efficient processing of orders and transfer of information.

 

[8] Openness

At any time the prospect/partner may request a copy of the TelcoBridges privacy policy. It is accessible on the TelcoBridges Web Site (www.telcobridges.com) and can be transferred to a client through any TelcoBridges employee.

Prospects/partners will be made aware of the TelcoBridges privacy policy, as it is accessible through the corporate web site as well as detailed in all e-mailed messages.

 

[9] Individual access

At any time, prospects/partners may request a copy of their personal information.  Those individuals may only request their specified personal information kept on file by TelcoBridges.  Individuals, other than the individual who granted consent to be placed in the TelcoBridges database, may not access the information of any other member of the database.

 

[10] Challenging compliance

If, at any point, an individual feels TelcoBridges has not fulfilled its responsibility in terms of personal privacy, formal complaints may be launched if required.

Should you have any questions or comments with regard to this policy please do not hesitate in contacting us.

Policies

TelcoBridges Policies

This section details several of TelcoBridges Policies.

At TelcoBridges we take our commitments seriously. This also holds true to our policies. We take great care to try and preserve our environment and ensure the best service and transparantcy for our customers.

This section of our website provides several details about our policies and commitments, such as our policy to always support all of our products.

Use the menu on the right or select a policy to review below: