188 route de Blessy, Saint Quentin, Aire sur la Lys 62120 FRANCE
www.bicomsystems.com, blog.bicomsystems.com, portal.bicomsystems.com, www.voipmarket.co.uk.
as well as products from the COMMSware suite:
PBXware, SERVERware, TELCOware, gloCOM, gloCOM GO, sipMON, sipPROT.
Hereafter known as ‘The Software’
Any combination of The Software may be provided for Sale or Rent in combination with Services such as Training or Support of the Softwares. These may be packaged in many variety of offer. They may also be provided from our Hosting Facilities as Cloud Software as a Service, hereinafter known as our “Hosted Service.”
Please read these terms and conditions carefully before accessing or using our websites, products and services.
Acceptance of Terms
When you access and start using Our websites, products and services, You acknowledge that you have read, understood and agree to abide by the terms described below including without limitation any and all disclaimers, rules, guidelines and privacy policies, statements or documents. These terms and conditions shall take effect immediately on Your first use of Our websites, products and services.
Modifications To This Agreement
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time without prior notice. All modifications shall become effective immediately upon the posting of TOU at:
You agree that we can post any changes in these terms and conditions on the website or to any email address you may have provided to us for notification purposes. You also agree that You are responsible for verifying whether these terms and conditions have changed. Your continued use of The Software after changes have been posted means You agree to be legally bound by these terms and conditions as updated and/or amended.
Security and Privacy
Bicom Systems has invested and deployed a wide variety of technology and security features to ensure the privacy of data on its network. In addition, Bicom Systems has implemented strict operations guidelines to ensure privacy is safeguarded. We will continue to revise policies and implement additional security features as new technologies becomes available. However, Bicom Systems cannot guarantee in any way that information provided to Bicom Systems by You may not be illegally obtained from Bicom Systems.
When you visit the Our websites or send emails to us, you are communicating with us electronically. By accepting this Agreement You also consent to receive required notices and transact with us electronically. We will communicate with you by email or by posting notices on the websites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that would be met where insistence of such communications be in writing.
Bicom Systems will not read, listen to or disclose to any third parties private email, conversations, or other communications that are transmitted using Our services, except as required to ensure proper operation of services or as otherwise authorized by law.
We monitor and record calls relating to customer services and telemarketing. We do this for training purposes, to improve the quality of our customer services, prevent fraud and provide record to refer to immediately after conversations of what are complex and detailed subject matters.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Our websites for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available meet your specific requirements.
Information published on Our websites is subject to change without notice. Bicom Systems may also make improvements and/or changes in The Software described at any time without notice. Any mention of non-Bicom Systems products or services on Our websites is for information purposes only and constitutes neither an endorsement nor a recommendation.
Limited Warranty to Direct Bicom Systems Customers Only
If You purchased a new or upgraded (subsequent) version of The Software directly from Us, BICOM SYSTEMS warrants and represents that The Software as delivered by Us to You will substantially perform in accordance with its applicable documentation for the period specified at the time of Your purchase of The Software from Us. This however is not to say that the Software is fault free. All software contains bugs or may need feature improvements. Where critical, bugs are released as quickly as possible and otherwise in future minor or major releases.
If no warranty period is specified at the time of Your purchase of The Software, then no warranty is available to You. Notwithstanding the foregoing, BICOM SYSTEMS makes no warranties with respect to any GPL Software or other Third Party Software embedded in The Software and/or furnished to You should You use this in any manner outside of Bicom Systems documentation. If You obtained The Software from a Reseller, you may have certain warranties provided by the Reseller that are not mentioned in the TOU, and You agree to look solely to Reseller with respect to any such warranties.
Limitation of Liability and Remedies
Your use of Our websites or any other publicity materials supplied to you is at your own risk. Bicom Systems assumes no responsibility for the accuracy of the information contained on the websites or any other publicity materials supplied to you. All information published on websites, or any other publicity materials supplied to you, is provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
In the event of a breach of Our Direct Bicom Systems Customers Limited warranty under the preceding section, Bicom Systems will, at its discretion, repair and/or make available replacement Software. The foregoing remedies are Your exclusive remedies for a breach of warranty hereunder. We will not have any liability under this warranty if the alleged defect is due to causes not within Our reasonable control, including but not limited to any defect caused by any negligent act or omission by anyone other than Bicom Systems, any defect caused by use of The Software in an operating environment not specified by the applicable documentation or otherwise not in accordance with this Agreement, or any defect caused by alteration or abuse of media on which The Software is stored, failure to follow Bicom Systems’ instructions for installation, operation or maintenance, power failure or surges, fire, flood or the like.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BICOM SYSTEMS SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY (A) LOSS OR INACCURACY OF DATA, (B) DAMAGE TO SOFTWARE OR EQUIPMENT, (C) INABILITY TO DELIVER GOODS, SERVICES OR TECHNOLOGY, (D) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (E) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, DATA OR PROFITS, (F) LOSS OF PRIVACY OR (G) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. IN NO EVENT WILL BICOM SYSTEMS’ TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT, IN THE AGGREGATE, EXCEED THE LICENSE FEE YOU PAID TO BICOM SYSTEMS PURSUANT TO THIS AGREEMENT. If you obtained The Software from Reseller, YOU AGREE THAT YOU SHALL LOOK SOLELY TO RESELLER FOR RECOURSE, AND BICOM SYSTEMS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.
Notwithstanding the above limits any financial arrangement for liability by Bicom Systems shall be limited to the value of the software or support for one year or of one month of the value of Hosted Service.
Unless otherwise indicated, information contained in Our websites is Copyright © 2005-present Bicom Systems Limited. All Rights Reserved. Bicom Systems Limited is the outright owner of ‘Bicom Systems’ and is a company registered in England & Wales with company number 05529411 and registered address at : Unit 5, 5 Rockware Avenue, Greenford, Middlesex UB6 0AA United Kingdom.
You also may not, without Our permission, "mirror" any material contained on Our websites or any other server. Permission is granted for you to make a single copy of documents published by Bicom Systems on Our websites solely for informational and non-commercial use within Your organization; provided that You keep intact all copyright and other proprietary notices. No other use of the information provided is authorized.
Bicom Systems reserves all rights not expressly granted to You in this Agreement. The Software is protected by copyright and other intellectual property laws and treaties. Bicom Systems or its suppliers own the title, copyright, and other intellectual property rights in The Software except where stated above such as with GNU copylefts. Bicom Systems or its suppliers may transfer any and all such rights and privileges associated with either The Software or the License to third parties either temporarily or permanently as they see fit without notice to You. Particularly but not exclusively in the event of bankruptcy or insolvency proceedings or any other impeachment of the ability of Bicom Systems to further support The Software being supplied to You understand that Third Party Suppliers of The Software may invoke articles of existing agreements with Us as to assume all rights concerning this agreement so as to best guarantee continuing support of The Software. This will not affect your rights obtained from this agreement where a successor assumes responsibilities the responsibilities of this agreement. You do accept however through this agreement that all your liabilities to this agreement will continue with any successor in so much as the successor continues to meet the expectations laid out in this agreement and any corresponding plan. The Software is licensed, not sold. This Agreement does not grant you any rights to trademarks or service marks of Bicom Systems or its suppliers.
You agree that if applicable Your resellers, Customers and Users will be bound by agreements containing terms no less restrictive or protective of BICOM SYSTEMS' and its licensors' rights than those set forth in this Agreement making equally clear as to the original authors or owners of each software as does this agreement.
You may not reverse engineer, decompile, or disassemble The Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
License Grant for Remote Access
You may use remote access technologies, such as a browser connected through an intranet or over the Internet, to access and use your licensed copy of The Software.
License Grant for Templates
The Software may include templates. You may copy and modify the templates available as part of the BICOM SYSTEMS software that accompanies this Agreement for your own purpose such templates may not be distributed or your modifications for use by other licensees of The Software. You also may copy, modify and distribute the templates available through related Internet-based services along with your modifications for use by other licensees of The Software, but only for personal or commercial correspondence involving person-to-person communication. You are not licensed to do any of the following:
- You may not sell, resell, license, rent, lease, lend, or otherwise transfer for value, the templates.
- You may not distribute the templates available via Internet-based services as part of any product or service.
- You may not copy or post any templates available through Internet-based services on any network computer or broadcast it in any media. You must indemnify and defend BICOM SYSTEMS against any claims or lawsuits, including attorneys' fees that arise from or result from the licensing or distribution of the templates as modified by you.
License Grant for Media Elements
The Software may include certain photographs, clip art, shapes, animations, sounds, music and video clips that are identified in The Software for your use (together “Media Elements”). You may copy and modify the Media Elements, and license, display and distribute them, along with your modifications as part of your software products and services, including your web sites, but you are not licensed to do any of the following:
- You may not sell, license or distribute copies of the Media Elements by themselves or as part of any collection, product or service if the primary value of the product or service is in the Media Elements.
- You may not grant customers of your product or service any rights to license or distribute the Media Elements.
- You may not license or distribute any of the Media Elements that include representations of identifiable individuals, governments, logos, initials, emblems, trademarks, or entities for any commercial purposes or to express or imply any endorsement or association with any product, service, entity, or activity.
- You may not create obscene or scandalous works, as defined by local, state, federal or national law at the time the work is created, using the Media Elements. In addition, you must (a) indemnify and defend BICOM SYSTEMS from and against any claims or lawsuits, including attorneys' fees that arise from or result from the licensing, use or distribution of Media Elements as modified by you, and (b) include a valid copyright notice on your products and services that include the Media Elements.
License Grant for Documentation
The documentation that accompanies The Software is licensed for internal, non-commercial reference purposes only.
3rd Party Software
As a convenience to the End User Bicom Systems makes available within The Software distribution certain third-party software products as listed in the link below (“Third Party Software”). Your use of each Third Party Software included is subject to separate licensing agreements that are either included with such Software or The Software documentation, or otherwise made available by BICOM SYSTEMS or its appointed Reseller. Some of the Third Party Software that may be included is listed with hyperlinks to assist you.
For a more comprehensive list please write to the registered address.
Third Party Software may include open source packages that are subject to the terms of the GNU General Public License and are more specifically identified in the documentation for The Software. For more on the GNU General Public License see http://www.gnu.org/copyleft/gpl.txt. By acknowledging your acceptance of the terms of this Agreement, you agree that you have had the opportunity to review these third party licenses and agree to comply with them. ONLY where applicable within the terms of a GNU license, Bicom Systems will provide a copy of the source code to any requesting party for the following fees: 45 € for EU customers, £30 for UK customers and 45 US$ for all other customers, please make your request by writing to the registered office.
It should be understood though that these GNU or similar softwares are greatly without use in the absence of the proprietary softwares included in this distribution.
In the event of a conflict between a term of this Agreement and a term of a third party license, the terms of the third party license controls with respect to the applicable Third Party Software only.
3rd Party Links
From time to time Our websites may also include hyperlinks or pointers to other websites maintained by third parties. These links are provided for your convenience to provide further information. The content in any linked web site is not under our control and if you decide to access any such web site, you do so entirely at your own risk. The fact that we provide a link to a third party web site does not mean that we endorse, authorize or sponsor any such site or that we are affiliated with such third party. Under no circumstances shall Bicom Systems be liable to any person for any direct, special, incidental, punitive, indirect or consequential damages, loss of profits or revenues or costs of replacement goods resulting from use of or reliance on the information presented in or through this Web Site, even if informed in advance of the possibility of such damages.
License Copyright Notice
The License Number received is used to deactivate the time limiting trial period is NOT public. Any public display or public transfer of this number will be considered a direct and willing violation of this Agreement and to the maximum extent permitted by applicable law You may be held liable for loss of revenue to Us or Our suppliers or Bicom Systems’ representatives due to loss of sales or devaluation of The Software or both.
You acknowledge that, in the course of using The Software, You may obtain or develop information relating to The Software and/or to Bicom Systems ("Proprietary Information"), including, but not limited to, technology, software code, know-how, ideas, testing procedures, structure, interfaces, documentation, problem reports, analysis and performance information, and other technical, business, product, marketing and financial information, plans and data. During and after the term of this Agreement, You shall hold in confidence and protect, and shall not use (except as expressly authorized by this Agreement) or disclose, Proprietary Information, unless such Proprietary Information becomes part of the public domain without breach of this Agreement by You. You acknowledge and agree that due to the unique nature of Bicom Systems’ Proprietary Information, there can be no adequate remedy at law for any breach of Your obligations hereunder, that any such breach may allow You or third parties to unfairly compete with Us resulting in irreparable harm to Bicom Systems, and therefore, that upon any such breach or threat thereof, We shall be entitled to injunctions and other appropriate equitable relief in addition to whatever remedies it may have at law.
Bicom Systems company, service and product logos, names of products and services as well as terms such as COMMSware and Bicom Systems are trademarks or service marks of Bicom Systems. All aforementioned trademarks must not be used without prior written permission from Bicom Systems. All Bicom Systems trademarks and service marks must be used without any modification. All other trademarks are the property of their respective owners.
Installation and use
- You may install and use a copy of The Software on one personal computer, server, mobile or other hardware device. The license will be associated with a “MAC address” of that device unless specified otherwise such as being based on concurrent usage or with an IP Address. The “MAC address” being defined as the unique 12 digit hexadecimal number that identifies the physical LAN address of the hardware device uniquely.
- You may not change or transfer a license from one MAC address (or IP address) to another. In exceptional circumstances Bicom Systems may grant a waiver to this clause. You must understand that any request for such a waiver will be subject to the Bicom Systems’ “Policy on MAC Address Licensing” and that at all times it remains in the ultimate discretion of Bicom Systems to grant such a waiver and facilitate the transfer of a license from one MAC address to another.
- You accept that for the good measurement and performance of desktop and mobile softwares there will be the sending of (SHA-1 hash). This sending of the Hash is based upon the Identification Number of the Hard Disk's Partition (e.g. C: Drive), Serial Number or Identifier for Vendor without revealing the original Identification or Serial Number.
- You accept that for the purpose of crash reporting, good measurement and performance of desktop and mobile softwares there will be the sending of the values corresponding to the following: license of COMMSware and COMMSware version, edition, version & brand of the software, os, phone model and state of COMMSware application.
You agree not to use The Software for any malicious purpose that could cause harm or discomfort to any person or organization. Specifically but not exclusively this includes voice broadcast, fax broadcasts and any activity deemed to be illegal in Your jurisdiction or any jurisdiction in which your actions may have an effect.
You may not use any Our Internet-based services associated with The Software in any manner that could damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any service, account, computer systems or networks associated with the Internet-based services.
Description Of Other Rights And Limitations
THERE ARE TECHNOLOGICAL MEASURES IN THIS SOFTWARE THAT ARE DESIGNED TO PREVENT UNLICENSED USE OF THE SOFTWARE. You may not be able to use your rights to The Software under this Agreement after a finite number of product launches unless you activate your copy of The Software in the manner described in the launch sequence. You may also have to reactivate The Software if you change the hardware device that it is loaded on or alter The Software. BICOM SYSTEMS will use those measures to confirm you have a legally licensed copy of The Software.
BICOM SYSTEMS expressly reserves the right to monitor your usage of The Software for compliance with the terms and conditions of this Agreement. You agree to provide BICOM SYSTEMS or its representative with access reasonably necessary to monitor Your compliance with this Agreement. In addition, You acknowledge and agree that BICOM SYSTEMS will be entitled to receive reports, data and any other information related to The Software used by you pursuant to this Agreement, through uploads to BICOM SYSTEMS by means of The Software. The parties agree to work together to facilitate such uploads. If such uploads are not available for any reason, then You agree to use commercially reasonable efforts to provide the data and information included in such uploads to BICOM SYSTEMS, in the form, format and frequency as mutually agreed. If you are not using a licensed copy of The Software, you are forbidden to install The Software request Software updates.
If The Software includes speech and/or handwriting recognition component(s), you should understand that speech recognition are inherently statistical processes; that recognition errors are inherent in the processes; that it is your responsibility to provide for the handling of such errors and to monitor the recognition processes and correct any errors. Neither BICOM SYSTEMS nor its suppliers shall be liable for any damages arising out of errors in the speech processes.
Training And Support
If You purchased The Software directly from Bicom Systems, You may be eligible for the applicable training and support options associated with the specific Software product available at the date of purchase for the product You purchased. We shall have no other obligation under this Agreement to provide any training or support or to correct any bugs, defects or errors or to otherwise support, develop or maintain The Software or any included Third Party products, and We will have no obligation to provide support directly to You if You obtained The Software from a Reseller You must contact Reseller for any support. Bicom Systems will not provide technical support for any unauthorized software installations, client enhancements, server-side upgrades, or third-party software installations or upgrades not included with Our distributions. You acknowledge and agree that any modifications of or upgrades to The Software included with this distribution may jeopardize the performance and reliability of The Software.
Service Level Agreement
No Rental/Commercial Hosting
You may not rent, lease, lend The Software. It may however be used to create a service which is rented.
This Agreement applies to updates, supplements, add-on components, or Internet-based services components, of The Software that BICOM SYSTEMS may provide to you or make available to you after the date you obtain your initial copy of The Software, unless they are accompanied by separate terms. BICOM SYSTEMS reserves the right to discontinue Internet-based services provided to you or made available to you through the use of The Software.
To use Software identified as an upgrade, you must first be licensed for The Software identified by BICOM SYSTEMS as eligible for the upgrade. After installing the upgrade, you may no longer use the original software that formed the basis for your upgrade eligibility, except as part of the upgraded software.
End of Life for The Software is tied to the Major software version. After a new Major version of The software is released the previous Major version will enter a Maintenance mode until the day it reaches End of Life. Once End of Life is reached by an older Major version of The Software, updates and upgrades will not be developed nor provided for that particular version and support will no longer be offered.
Not For Resale Software
Software identified as “Not for Resale” or “NFR,” may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation.
You understand that parts of The Software may be subject to U.S. export jurisdiction. You understand also that parts of this Software are encrypted and as such may be subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to The Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
Separation Of Components
The Software is licensed as a single product. Its component parts may not be separated for use on more than one device. Any changing of the code of GNU components of the Software will make void the warranty to support the Software in its entirety. This does not affect your rights to the source code where Third Party Software has been used under GNU Licensing as described above.
You may not transfer your copy of The Software to a different device or transfer to a Third Party. If you are the person who initially licensed The Software, you may NOT make a one-time permanent transfer of this Agreement, Software and Certificate of Authenticity (if applicable) to another end user without the written permission of BICOM SYSTEMS.
Without prejudice to any other rights, Bicom Systems may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. This Agreement may be terminated by You for any reason or no reason upon written notice to Us. Upon termination or expiration, the terms of this Agreement will remain in full force, You must destroy all copies of The Software and all of its component parts or portions of The Software and Proprietary Information in Your possession or control.
INCOTERMS & Local Taxes
Where shipping, Bicom Systems Terms of Trade will be CIF (Cost, Insurance, Freight), unless otherwise stated.
Other than EU VAT and when delivering hardware inside Canada, Bicom Systems take no responsibility for local taxes. Where not met these are the responsibility of the buyer.
Non Payment of Delivery, SALES TAX or VALUE ADDED TAX
In the event of goods supplied and payment received to Bicom Systems not fulfilling the original invoice for reasons such as insolvency causing the Customer or Reseller to be able to fulfill its contractual obligation to settle the invoice or for any other such reason, Bicom Systems reserves the right to repossess the goods by simple notice to the debtor. Upon any such repossession of the goods Bicom Systems may discharge this and any other contract in place and issue a credit note including for any Sales Tax or Value Added Tax to be claimed back from the relevant authorities. This is to apply irrespective of if Bicom Systems agreement is with the End User or a Reseller.
Government License Rights
If You are the U.S. Government or any other Government or if You are a contractor or subcontractor (at any tier) of the U.S. Government or any other Government and are licensing The Software for use by the U.S. Government or another Government or in connection with any contract or other transaction with the U.S. Government or another government, You acknowledge that by accepting delivery of The Software, the Government concerned or affected agrees that The Software qualifies as commercial computer software and that the Documentation qualifies as commercial computer software documentation within the meaning of the acquisition regulations and contract clauses applicable to this procurement. The terms and conditions of this Agreement are fully applicable to the Government's use and disclosure of The Software, and shall supersede any conflicting terms or conditions. No license of any kind is granted in the case of acquisitions which contain or are subject to the clauses FAR 52-227.19 COMMERCIAL COMPUTER SOFTWARE-RESTRICTED RIGHTS (JUNE 1987) or DFARS 252.227-7013 RIGHTS IN TECHNICAL DATA AND COMPUTER SOFTWARE (OCT 1988) or any other clause in the USA or elsewhere which purports to grant to the Government rights greater than, or additional to those, set forth in this Agreement, or which purports to impose additional requirements upon Bicom Systems to make this Agreement effective, unless Bicom Systems specifically so consents by separate written agreement. Failing such agreement, and if this Agreement fails to meet the Government's stated needs or is inconsistent in any respect with federal law, the Government agrees to return The Software and Documentation, unused, to Bicom Systems or, if applicable, Reseller.
This agreement will be subject to the law of England & Wales and shall be subject to the Courts of London. Bicom Systems does however reserve the right to choose to enforce this agreement in Your jurisdiction under local laws.
Entire Agreement; Severability
This Agreement (including any addendum or amendment to this Agreement which is included with The Software) is the entire agreement between you and BICOM SYSTEMS relating to The Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to The Software or any other subject matter covered by this Agreement. To the extent the terms of any BICOM SYSTEMS policies or programs for support services conflict with the terms of this Agreement, the terms of this Agreement shall control. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.