Terms and Conditions
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT
("LICENSE") CAREFULLY BEFORE PROCEEDING. BY INSTALLING
THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS
LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU
ARE NOT AUTHORIZED TO INSTALL OR USE THIS SOFTWARE.
BY CLICKING ON THE "Yes" BUTTON, YOU ARE
CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK
THE "No" BUTTON AND THE APPLICATION WILL NOT BE INSTALLED.
MySuperCall END USER LICENSE AGREEMENT
GRANT. MySuperCall ("MySuperCall") hereby
grants you a nonexclusive, limited, nontransferable license
to download and use the accompanying client software product
(the "SOFTWARE") for the purpose of making PC to Phone
calls on your computer, subject to the following conditions.
By installing the SOFTWARE you agree to the terms set forth
herein and are deemed to have "signed" this LICENSE
for all legal purposes.
You may: (i) copy the SOFTWARE for archival purposes,
provided any copy must contain all of the original SOFTWARE's
proprietary notices; (ii) install and use the SOFTWARE on any
computer owned by you subject to the terms and conditions of
this LICENSE; (iii) install and use the SOFTWARE on a network,
provided that each person accessing the SOFTWARE through the
network agrees to the terms of this LICENSE; and (iv) distribute
the SOFTWARE according to the DISTRIBUTION section of this LICENSE.
You may not: (i) modify, translate, reverse engineer,
decompile, disassemble (except to the extent applicable laws
specifically prohibit such restriction), or create derivative
works based on the SOFTWARE; (ii) copy (except for archival
purposes as set forth above), rent, lease, distribute, transfer
or otherwise transfer rights to the SOFTWARE except for as set
forth in the DISTRIBUTION section of this LICENSE; or (iii)
remove or alter any trademark, logo, copyright or other proprietary
notices, legends, symbols or labels on the SOFTWARE.
SOFTWARE. This license does not grant you any right
to any enhancement or update. Furthermore, this license does
not grant you continued access to the SOFTWARE. However, you
may have to install enhancements or upgrades provided by MySuperCall
from time to time for the continued access to MySuperCall's
Prepaid Services and MySuperCall can, at any time in the future,
stop providing this SOFTWARE or any enhancement or upgrade free
of charge.
SERVICES
Installing the SOFTWARE provides you with the facilities to
make PC to Phone calls, however you are required to purchase
PINS belonging to MySuperCall's PC to Phone services. Information
on these services can be found at the website http://www.MySuperCall.com.
TITLE.
The SOFTWARE is licensed, not sold. Title, ownership rights,
and intellectual property rights in and to the SOFTWARE shall
remain in MySuperCall and its suppliers or licensors. The Licensee
acknowledges such ownership and intellectual property rights
and will not take any action to jeopardize, limit or interfere
in any manner with MySuperCallĄŻs ownership of or rights with
respect to the SOFTWARE. The SOFTWARE is protected by the intellectual
property laws of the United States and Singapore and international
intellectual property treaties. Title, ownership rights, and
intellectual property rights in and to any software, data, or
content accessed through the SOFTWARE is the property of the
applicable owner and may be protected by applicable copyright
or other law. This LICENSE gives you no rights to such software,
data or content, except the limited license to use the SOFTWARE
as described above.
DISTRIBUTION.
MySuperCall authorizes distribution of the SOFTWARE only in
accordance with the following conditions: (i) this LICENSE accompany
the SOFTWARE; (ii) all program files and related documentation
files that compose the SOFTWARE package are not modified in
any way and are distributed as a complete package, without exception;
and (iii) the SOFTWARE not be sold or
resold as part of some other inclusive package, nor included
or distributed in any commercial software packaging offer, without
prior written agreement from MySuperCall.
USE.
Portions of the SOFTWARE access the hardware and software of
your computer to build a profile of the products you have installed.
This profile will be developed and used in accordance with MySuperCall's
Privacy Policy available at the MySuperCall's website at http://www.MySuperCall.com.
INFORMATION.
Any information delivered to you through the use of the MySuperCall's
service, including hardware, software, driver and operating
systems information and compliance information, may not be accurate
or correct. MySuperCall has not taken any steps to review the
accuracy of such information and has not tested any of the applications
or upgrades identified to you through the service. You have
an obligation to determine whether any information delivered
to you is true and correct, and MySuperCall will not be liable
for any damages arising from your failure to do so.
DISCLAIMER OF WARRANTY.
Since the SOFTWARE is provided free of charge, the SOFTWARE
is provided on an "AS IS" basis, without warranty
of any kind, including without limitation the warranties of
merchantability, fitness for a particular purpose and non-infringement.
The entire risk as to the quality and performance of the SOFTWARE
is borne by you. MySuperCall does not warrant that the functions
contained in the SOFTWARE will meet your requirements, or that
the operation of the SOFTWARE will be uninterrupted or error-free,
or that defects in the SOFTWARE will be corrected. Furthermore,
MySuperCall does not warrant or make any representations regarding
the use or the results of the use of the SOFTWARE or related
documentation in terms of their correctness, accuracy, reliability,
or otherwise. No oral or written information or advice given
by MySuperCall shall create a warranty or in any way increase
the scope of this warranty. Should the SOFTWARE prove defective,
you and not MySuperCall assume the entire cost of any service
and repair. In addition, software has inherent security limitations,
and you must determine that this SOFTWARE as well as any other
software which uses data generated by the SOFTWARE sufficiently
meets your requirements. This disclaimer of warranty constitutes
an essential part of the agreement. SOME COUNTRIES DO NOT ALLOW
EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT
APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM
COUNTRIES TO COUNTRIES OR BY JURISDICTION.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, TORT, CONTRACT,
OR OTHERWISE, SHALL MYSUPERCALL OR ITS LICENSORS, SUPPLIERS
OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL
OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL MYSUPERCALL
BE LIABLE FOR ANY DAMAGES, EVEN IF MYSUPERCALL SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM
BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY
TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE
LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME COUNTRIES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
TERMINATION.
This LICENSE will terminate automatically if you fail to comply
with the limitations described above. MySuperCall reserves the
right to alter and/or terminate this LICENSE and deny and/or
prohibit individuals or corporations from using the SOFTWARE.
MySuperCall may terminate this LICENSE at any time by delivering
notice to you and you may terminate this LICENSE at any time
by destroying or erasing your copy of the SOFTWARE. Upon termination
of this LICENSE, you agree to destroy or erase all copies of
the SOFTWARE. In the event of termination, the TITLE, DISCLAIMER
and LIMITATION OF LIABILITY sections of this LICENSE will survive.
EXPORT CONTROLS.
None of the SOFTWARE or underlying information or technology
may be downloaded or otherwise exported or reexported into any
country in which Singapore has embargoed goods. By downloading
or using the SOFTWARE, you are agreeing to the foregoing and
you are representing and warranting that you are not located
in, under the control of, or a national or resident of any such
country or on any such list.
HIGH RISK ACTIVITIES.
The SOFTWARE is not fault-tolerant and is not designed, manufactured
or intended for use in hazardous environments requiring fail-safe
performance, such as in nuclear facilities, aircraft navigation
or communications systems, air traffic control, direct life
support machines, or weapons systems, in which the failure of
the SOFTWARE should lead directly to death, personal injury,
or severe physical or environmental damage ("High Risk
Activities"). Accordingly, MySuperCall specifically disclaims
any express or implied warranty of fitness for High Risk Activities.
You agree that MySuperCall will not be liable for any claims
or damages arising from the use of the SOFTWARE in such applications
or High Risk Activities.
MISCELLANEOUS.
This LICENSE represents the complete agreement concerning this
license between the parties and supersedes all prior agreements
and representations between them. MySuperCall may make changes
to this LICENSE from time to time by making such changes available
on the MySuperCall website at http://www.MySuperCall.com. If
any provision of this LICENSE is held to be unenforceable for
any reason, such provision shall be reformed only to the extent
necessary to make it enforceable. This LICENSE shall be governed
by and construed under Singapore law. No wavier of breach, failure
of any condition, or any right or remedy contained in or granted
by the provisions of this Agreement will be effective unless
it is in writing and signed by the party waiving the breach,
failure, right, or remedy. No waiver of any other breach, failure,
right or remedy, whether or not similar, nor shall any waiver
constitute a continuing waiver unless the writing so specifies.
Licensee may not transfer or assign this license to any third
party without the prior written consent of MySuperCall.
Fair Use Policy
Our rights
MySuperCall may charge you a cost-price based rate for any subsequent
calls to one of the free destinations, terminate your account,
or deny the use of the MySuperCall service or features of it.
MySuperCall will impose maintenances charge of €0.15 every 3
days to the user or/and change any destination calling tariffs
by announcing on its website at www.mysupercall.com.
MySuperCall may decide from time to time, charge user a standard
rate, once he has exceed a certain amount of minutes on Promotional
Rates.
Summary
1. It is important to MySuperCall that all eligible MySuperCall
customers are able to access our Services. Accordingly, we have
devised a Fair Use Policy which applies to:
(a) usage of MySuperCall free calls
(b) usage of VoIP-In numbers
(c) usage of promotions; and
(d) any other promotions which are advertised by MySuperCall
as subject to the Fair Use Policy ("Fair Use Promotions").
2. We reserve the right to vary the terms of the Fair Use Policy
from time to time.
3. MySuperCall may rely on the Fair Use Policy where your:
(a) usage of MySuperCall free calls;
(b) usage of your VoIP-In number
(c) participation in a Fair Use Promotion, is excessive or unreasonable,
as defined below.
Excessive Use
In the case of MySuperCall free calls, there are restrictions
on the maximum number of calls and the duration of the calls.
In the case of VoIP In numbers, applying for more than one number
is excessive use
In the case of Fair Use Promotions, what is excessive use will
either be advertised by MySuperCall at the time of the relevant
promotion or included in this Fair Use Policy prior to the commencement
of the relevant promotion.
Unreasonable Use
It is unreasonable use of MySuperCall Services where your use
of MySuperCall Services is reasonably considered by MySuperCall
to be fraudulent or to adversely affect the MySuperCall Network
or other MySuperCall customers' use of or access to a MySuperCall
Service or the MySuperCall Network.
It is unreasonable use of the free calls is reasonably considered
by MySuperCall to be fraudulent or to adversely affect the MySuperCall
Network or other MySuperCall customers' use of or access to
a MySuperCall Service or the MySuperCall Network.
It is unreasonable use of the VoIP-In numbers where it is reasonably
considered by MySuperCall to be fraudulent or to adversely affect
the MySuperCall Network or other MySuperCall customers' use
of or access to a MySuperCall Service or the MySuperCall Network.
It is unreasonable use of a Fair Use Promotion where your participation
in a Fair Use Promotion is reasonably considered by MySuperCall
to be fraudulent or to adversely affect the MySuperCall network
or another MySuperCall customer's use of or access to a MySuperCall
service or the MySuperCall network.
Among other things, "fraudulent use" includes resupplying
a MySuperCall Service without MySuperCall's consent so that
someone else may access or use MySuperCall or take advantage
of a Fair Use Promotion.
Created and produced by MySuperCall. 10th April 2009
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