IMPORTANT – PLEASE READ CAREFULLY
No Emergency Calls: Wow Call Software does not and does not intend to support or carry emergency calls. Please also see paragraphs 3.6 and 6.2 below.
This Agreement: This Agreement, and any new versions, between Wow Call and You, covers all Your use of Wow Call Software from any terminals where Wow Call Software has been installed, by You or by third parties. You can accept this Agreement by clicking on the ACCEPT button or similar buttons or links as may be designated by Wow Call.
Additional Terms:Your agreement with Wow Call will also include the Additional Terms (as defined below). The Additional Terms shall include, but are not limited to, the terms and policies set out in paragraph 7 below. In order to use the Wow Call Services, You must accept the Additional Terms. You can accept the Additional Terms by (i) clicking to accept or agree where this option is made available to You, or (ii) by actually using the Wow Call Services, in which case You acknowledge and agree that Wow Call will treat such use as acceptance of the applicable terms. You acknowledge and agree that by accepting this Agreement and the Additional Terms you are entering into a legally binding contract, which collectively is referred to below as the “Terms”. If there is any contradiction between the Additional Terms and this Agreement, then the Additional Terms shall take precedence in relation to the relevant Wow Call Service. You should print off or save a copy of the Terms for your records.
Electronic Signature(s): You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Wow Call Software. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
Jurisdiction’s Restrictions: If the law of Your country prohibits You from downloading or using Wow Call Software because You are under the age limit or because the Wow Call Services are not allowed in Your country, please don’t use it.
1. Definitions
1.1 The following terms and expressions shall have the following meanings:
Additional Terms: the terms and conditions and policies applicable to Your use of the Wow Call Software and the Wow Call Services, in addition to this Agreement.
Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, Wow Call. For the purpose of this definition, the word “control” shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.
Agreement: this End User License Agreement, as may be renewed and/or amended from time to time.
Documentation: any online or otherwise enclosed documentation provided by Wow Call.
Effective Date: the date on which this Agreement is entered into by clicking on the ACCEPT button as stated above or upon installation or use of the Wow Call Software by You, whichever occurs earlier.
Emergency Service(s): means services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements.
IP Rights: means (i) patents, pending patent applications, designs, trade marks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognised in the future; and (iii) applications, extensions and renewals in relation to any such rights.
Password: refers to a code You select, which, in combination with the User ID, gives You access to Your User Account.
Wow Call: refers to the company established under the laws of Luxembourg, Wow Call Software S.a.r.l, with its address at 22/24 Boulevard Royal L-2449 Luxembourg (B100467), VAT no. (LU20180239).
1.2 References to the singular include the plural and vice versa, and references to one gender include the other gender.
1.3 Any phrase introduced by the expressions “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
2. License and Restrictions
2.1 License: Subject to the terms of this Agreement, Wow Call hereby grants You a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the Wow Call Software on Your computer, phone or PDA for the sole purpose of personally using the internet communication applications provided by Wow Call and any other applications that may be explicitly provided by Wow Call. You are allowed to use the Wow Call Software at university or any other educational institution, subject to paragraph 4.4 below and in accordance with this Agreement and any applicable Additional Terms. You are allowed to use the Wow Call Software at work to make communications relating to Your business in accordance with this Agreement and any applicable Additional Terms (such as the Terms of Service referred to in paragraph 7 below if You use the payable VoIP products and/or are a Member or an Administrator of a Business Control Panel).
2.2 No Granting of Rights to Third Parties: You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Wow Call Software or any part thereof.
2.3 No Modifications: You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Wow Call Software or any part thereof except to the extent permitted by law.
2.4 Third Parties: The Wow Call Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Wow Call Software falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with the Wow Call Software will be subject to You explicitly accepting a license agreement with that third party. You acknowledge and agree that You will not enter into a contractual relationship with Wow Call or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to Wow Call or its Affiliates to enforce any of your rights.
2.5 Exclusive Ownership: Any and all IP Rights in the Wow Call Software, the Wow Call Website, the Wow Call Online Material and the Wow Call Promotional Materials are and shall remain the exclusive property of Wow Call and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with Wow Call’s IP Rights. Any unauthorized use of Wow Call’s IP Rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws. All title and IP Rights in and to any third party content that is not contained in the Wow Call Software, but may be accessed through use of the Wow Call Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.
2.6 No Removal of Notices: You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or Wow Call’s rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials.
2.7 Use of Wow Call API.
2.7.1 You may make use of the Wow Call API provided that:
(i) You comply with the Wow Call API Terms of Use at http://www.Wow Call.com/legal/terms/api/ ;
(ii) Your use of the Wow Call API is for legitimate purposes only and shall not adversely affect the functionality or performance of the Wow Call Software or services provided by Wow Call; and
(iii) You will monitor the Wow Call Website in order to ensure that You are aware of any changes in the Wow Call API Terms of Use. If such changes are not acceptable to You, You will immediately stop using the Wow Call API and, where applicable, the Wow Call Software.
2.7.2 If You are interested in using the Wow Call API for a purpose which is not permitted under this Agreement or the Wow Call API Terms of Use, You will have to obtain Wow Call’s prior written consent and explicitly agree upon any further commercial terms.
2.8 Wow Call Promotional Materials: Nothing in this Agreement will give You any right to use the Wow Call Promotional Materials.
3. Wow Call non-expectations
3.1 No Warranties:Installing Wow Call Software enables You to communicate with other people. Wow Call cannot guarantee that You will always be able to communicate with other people, nor can Wow Call guarantee that You can communicate without disruptions, delays or communication-related flaws or that all Your communications shall always be delivered to other people.
3.2 Content of Communications:The content of the communication spread by the use of the Wow Call Software is entirely the responsibility of the person from whom such content originated. You understand, therefore, that by using the Wow Call Software and the Wow Call Services You may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable, and that You use the Wow Call Software and the Wow Call Services at Your own risk.
3.3 Utilization of Your Computer:Wow Call Software may utilize the processor and bandwidth of the computer (or other applicable device) You are utilizing, for the limited purpose of facilitating the communication between You and third parties. Wow Call will use its commercially reasonable efforts to protect the privacy and integrity of the computer resources (or other applicable device) You are utilizing and of Your communication, however Wow Call cannot give any warranties in this respect.
3.4 New Versions of the Wow Call Software:Wow Call, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Wow Call Software. Wow Call has no obligation to make available to You any subsequent versions of the Wow Call Software. You may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the Wow Call Software.
3.5 Suspension: Wow Call may, in its sole discretion and to the maximum extent permitted within Your jurisdiction, modify or discontinue or suspend Your ability to use any version of the Wow Call Software, and/or disable any Wow Call Software You may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where You, at Wow Call’s discretion, are in breach of the Terms, creating problems, possible legal liabilities, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
3.6 No Emergency Calls: The Wow Call Software is not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any other kind of Emergency Service. You acknowledge and agree that: (i) Wow Call is not required to offer access to Emergency Services under any applicable local and/or national rules, regulation or law; (ii) You must make additional arrangements to access Emergency Services and it is Your responsibility to purchase (separately from the Wow Call Software), traditional wireless or landline telephone services to obtain such access; and (iii) Wow Call is not a replacement for Your primary telephone service.
4. What we expect from You
4.1 Lawful purposes: You will use the Wow Call Software solely for lawful purposes. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for You; (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Wow Call Software or the communication; (c) send any unsolicited commercial communication not permitted by applicable law; (d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way; (e) use the Wow Call Software to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or (f) use any material or content that is subject to any third party proprietary rights, unless you have a licence or permission from the owner of such rights.
4.2 Representations: You represent and warrant that You are authorized to enter into and comply with the Terms. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations under the Terms, as well as any and all laws, regulations and policies that may apply to the use of the Wow Call Software and/or the Wow Call Services.
4.3 Indemnification: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD Wow Call AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR (A) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) USE OR MISUSE OF THE Wow Call SOFTWARE, OR (D) COMMUNICATION SPREAD BY MEANS OF THE Wow Call SOFTWARE.
4.4 Utilization of Your Computer: If Your use of the Wow Call Software is dependant upon the use of a processor and bandwidth owned or controlled by a third party, You acknowledge and agree that Your licence to use the Wow Call Software is subject to You obtaining consent from the relevant third party for such use. You represent and warrant that by accepting this Agreement and using the Wow Call Software, You have obtained such consent.
5. Term, Termination, Updates
5.1 Term: This Agreement will be effective as of the Effective Date and will remain effective until terminated by either Wow Call or You as set out below. The Additional Terms will be effective as of the date upon which they are accepted by You or You use the relevant Wow Call Service (as applicable), and will remain effective until terminated by either Wow Call or You as set out below and/or in the applicable terms.
5.2 Termination:You may terminate the Terms with immediate effect at any time. Without limiting other remedies, Wow Call may limit, suspend, or terminate this license and Your use of Wow Call Software and Wow Call Services, prohibit access to the Wow Call Website and delete Your User Account and/or User ID, with immediate effect, automatically and without recourse to the courts, if we think that You are in breach of the Terms, creating problems, legal liabilities (actual or potential), infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. Wow Call shall effect such termination by providing notice to You to the email address You have provided, and/or by preventing Your access to Your User Account. We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
5.3 Consequences of Termination: Upon termination of this Agreement and the Additional Terms: (a) all licenses and rights to use the Wow Call Software and the Wow Call Services shall immediately terminate; (b) You will immediately cease any and all use of the Wow Call Software and Wow Call Services; and (c) You will immediately remove the Wow Call Software from all hard drives, networks and other storage media and destroy all copies of the Wow Call Software in Your possession or under Your control.
5.4 New Versions: Wow Call reserves the right to change this Agreement at any time by publishing the revised Agreement on the Wow Call Website. The revised Agreement shall become effective within thirty (30) days of such publication, unless You expressly accept the revised Agreement earlier by clicking on the accept button. Your express acceptance or Your continued use of the Wow Call Software after expiry of the notice period of thirty (30) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement.
6. Disclaimer of Warranties and Limitation of Liability
6.1 No Warranties: THE Wow Call SOFTWARE IS PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER; Wow Call DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE Wow Call SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. Wow Call FURTHER DOES NOT REPRESENT OR WARRANT THAT THE Wow Call SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES Wow Call WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE Wow Call SOFTWARE.
6.2 Specific Disclaimer Of Liability For Emergency Services: Wow Call DOES NOT PROVIDE CONNECTIONS TO EMERGENCY SERVICES VIA THE Wow Call SOFTWARE. NEITHER Wow Call NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO YOUR INABILITY TO USE THE Wow Call SOFTWARE TO CONTACT EMERGENCY SERVICES, AND YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES IN ACCORDANCE WITH PARAGRAPH 3.6 ABOVE.
6.3 Your own Risk: You acknowledge and agree that the entire risk arising out of Your use of the Wow Call Software remains with You, to the maximum extent permitted by law.
6.4 No Liability: The Wow Call Software is being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT Wow Call, ITS AFFILIATES, ITS LICENSORS AND THE Wow Call STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE Wow Call SOFTWARE, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE Wow Call SOFTWARE IS TO IMMEDIATELY DEINSTALL AND CEASE USE OF SUCH Wow Call SOFTWARE.
6.5 Limitation of Liability: IN NO EVENT SHALL Wow Call, ITS AFFILIATES, ITS LICENSORS OR THE Wow Call STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR:
6.5.1 ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE Wow Call SOFTWARE; AND
6.5.2 ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE Wow Call SOFTWARE;
6.5.3 ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF;
(I) ANY DISRUPTIONS OR DELAYS IN ANY COMMUNICATION WHEN USING THE Wow Call SOFTWARE;
(II) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY Wow Call FOR ANY REASON; AND
(III) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE Wow Call SOFTWARE TO YOU.
6.6 THE LIMITATIONS ON Wow Call’S LIABILITY TO YOU IN PARAGRAPH 6.5 ABOVE SHALL APPLY WHETHER OR NOT Wow Call, ITS AFFILIATES OR THE Wow Call STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.
6.7 NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF Wow Call FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF Wow Call, THE Wow Call STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
6.8 Jurisdiction’s Limitations: As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited to the maximum extent possible within the applicable legislation
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE Wow Call SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO Wow Call THE RIGHTS SET FORTH HEREIN