Calltech SA Software License Agreement
NOTTO:
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY, AS BY OPENING, INSTALLING, OR USING THE SOFTWARE OR ANY PORTION THEREOF, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR, ITS LIMITATIONS REGARDING USE, ASSIGNMENT, WARRANTIES, LIABILITIES, AND PRIVACY. YOU FURTHER DECLARE THAT YOU KNOW HOW ALL INTEGRATION SYSTEMS WORK IN HANDLING THIS SOFTWARE AND YOUR INFORMATION. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF USE OF THE SOFTWARE, PLEASE REFRAIN FROM OPENING, INSTALLING OR USING THE SOFTWARE, SINCE THE USE OF THE SOFTWARE CANNOT BE GRANTED BY CALLTECH SA, THEREFORE, YOU MUST RETURN THE COMPLETE PRODUCT, WITH THE CORRESPONDING PROOF OF PURCHASE TO YOUR DISTRIBUTOR WITHIN 30 CALENDAR DAYS FROM THE DATE OF PURCHASE, AND THE AMOUNT WILL BE REFUNDED.Â
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This Software as a Service (SaaS) License Agreement sets forth the Customer's rights and the terms and conditions applicable to access and use of the software and the cloud-based services provided by Calltech SA. This includes, depending on the option chosen by the Customer, the use of the following applications: CTLog®, CTAgent®, CTDialer®, CTiContRol®, CTLog Plus®, CTLog Cloud®, CTMail®, CTMessage®, CTPos®, CTTranscription®, CTVox®, CTWebRTC®, Dalî, LiteVOX®, Telemanagement®, and Yaco®, all of which are the property of Calltech SA, as well as any other software, component, or service provided by Calltech SA in the cloud, regardless of whether it is developed in-house or licensed by a third party.
SCOPE OF THE OBJECT
Calltech SA grants the client a limited, non-exclusive, non-transferable, and revocable license to access and use the software and/or service(s) included in the selected solution, provided as a cloud solution—whether on public, private, or hybrid infrastructure—in accordance with the terms and conditions set forth in this Agreement. This license applies to both solutions developed by Calltech SA and those provided by third parties, provided they are part of the solution delivered by Calltech SA as a service.
Definitions
2.1. Calltech SA. Means Call Processing Technologies SA, a company legally established in the city of Bogotá DC and under the laws of the Republic of Colombia.
2.2. You, You all or Client. Refers to any person or entity that purchases or uses this package.
2.3. Calltech SA Software as a Service (SaaS) License Agreement Documents This License Agreement includes (i) the introductory terms; (ii) the terms and conditions; (iii) the warranty; and (iv) all instructional documents that were sent in advance by Calltech SA.
2.4. Software as a Service (SaaS) License Agreement Information Calltech SA This means all information provided with this Agreement, including, but not limited to (i) software files and other computer information of Calltech SA or third parties; (ii) information, text, voice recordings, data, statistics, instructions, services and other services "content"; (iii) written materials and files; and (iv) any updates, improvements and additions thereto, provided by Calltech SA or directly requested by you.
2.5. Software License. The software is licensed non-exclusively and is not for sale. Under this Agreement, and provided you comply with all of its terms, we grant you the right to install and run one instance of the software on your licensed device.
2.6. Content: The software allows you to use, store, save, record, reproduce, or share the collected material for the purpose for which it was posted. Therefore, you or the organization you represent are responsible for its content, and Calltech SA will not be liable for compensation for any damage or loss.
2.7. Equipment and/or device. Refers to a hardware system (physical or virtual) with a storage device capable of running software, a partition or division of the hardware is considered a computer.
2.8. Computer programs. It refers to the sequence of instructions or indications intended to be used, directly or indirectly, in the software to perform its specific functions.
2.9. Source Code or Sources. It refers to the computational code objects that give rise to computer programs in general and specifically those corresponding to software.
2.10. Technological Platform. It is the set of hardware and software required for the software to operate.
2.11. Security Key (Dongle). Refers to the physical or software security unit supplied by Calltech SA as part of the package.
2.12. Works subject to copyright under the License Agreement. It is any literary or other work, subject to copyright, such as programs, CDs, diskettes, programming tools, documentation, reports, manuals, instructions or similar works, that Calltech SA may deliver to you as part of this License Agreement.
2.13. Warranty. It is Calltech SA's obligation to repair or make the necessary adjustments to correct programming or design errors in the applications.
2.14. Personal data. Personal data is defined as all your data, which Calltech SA and authorized third parties collect as a result of your interactions with the software. You provide some data directly, and Calltech SA collects other data through your interactions, use, and experiences with the software.
2.15. Confidential Information: Confidential information shall be understood to mean all information, systems, documents, photos, data, projects, which are not generally known, as well as information which has not been published by its owner.
2.16. Main contract. This is the agreement entered into between the parties, which contains the financial terms of the services provided by Calltech SA through its technological solutions. The Software License Agreement is an ancillary agreement derived from the main contract. Therefore, the Agreement may be terminated as a result of a breach of the obligations of the main relationship.
scope of the license
Calltech SA does not sell its software or a copy of it, only a license. Under the license, you are granted the right to install the software and run one copy on one computer (the Licensed Computer), for use by one person at a time, but only if you comply with the terms of this Agreement.
The software components are licensed as a single unit. You may not separate or virtualize the components or install them on different computers. The software may include more than one version; you may only install and use one version at a time.
Except as permitted, this license is for direct use of the software only through the licensed equipment's input mechanisms, such as a keyboard, mouse, or touchscreen. It does not authorize you to install the software on a server or for use on or through other equipment or devices connected to the server on an internal or external network.
The software license is assigned under the same contractual terms as those agreed upon in the previous contractual stages for the licensed equipment. See the Calltech SA solutions support and warranty plan at https://www.calltechsa.com/wp-content/uploads/2022/02/Modelo-de-soporte.pdf.
BACKUP COPY
You can request or download a backup copy of the software by requesting specialized advice from Calltech SA or by submitting a support ticket to support@calltechsa.com. You may not distribute a backup copy of the software; you may only use it to reinstall the software on the licensed device.
transmit THE SOFTWARE TO ANOTHER COMPUTER OR USER
You may not transfer the software to another computer or user. You may only transfer the software directly to a third party as installed on the licensed computer, with the Certificate of Authenticity label and this Agreement. Before transferring the software, the party must agree that this Agreement applies to the transfer and use of the software. You may not retain any copies.
INFORMATION
If you connect your device to the Internet, some features of the software may connect to third-party applications or the service provider's computer system to send or receive information. You may not always receive a separate notification when these connections are made. Information provided in the Software as a Service (SaaS) License Agreement or other documents specifying the relationship between you and Calltech SA as the provider allows Calltech SA to access information obtained through the use of the software, such as documents, backups, calls, voice recordings, statistics, names, data, and sensitive information.
Calltech SA uses the information it collects through the software's features to update or correct it and improve its products and services. Occasionally, it will share this information with third parties. For example, it will share error reports with relevant hardware and software vendors so they can use the information to improve the way their products work with Calltech SA products.
CONTENT
Many of Calltech SA's services allow you to store or share your content or receive material from others. We do not claim ownership of your content. Your content remains your information, and you are responsible for it. When you share your content with others, you understand that they may be able to use, store, record, reproduce, transmit, share, display, and delete your content worldwide without compensation to you. If you do not want third parties to have this ability, do not use the services to share your information.
You represent and warrant that, for as long as these Terms are in effect, you have (and will have) all necessary rights to your content uploaded, stored, or shared on or through the Services, and that the collection, use, and retention of your content will not violate any law or the rights of others. Calltech SA does not own, control, verify, pay for, endorse, or assume any legal responsibility for your content. Therefore, Calltech SA will not be responsible for any information and/or content that you or others upload, store, or share through the use of the Services provided through the Software Licensing.
ADDITIONAL DEVELOPMENTS IN THE SOFTWARE
Calltech SA licenses this software as a single product. Its components cannot be separated for use on more than one computer or PC, and it is developed in a standard version. However, Calltech SA may make special developments, which must be approved by the Development and Innovation Department. However, Calltech SA is not obligated to make special developments. If authorized, they will always incur an additional cost, which you will be required to pay.
INTELLECTUAL PROPERTY
This software is developed by Calltech SA and is protected by Colombian copyright laws (in the certificate that is stored in Book 13, Volume 7, Part 90, dated February 26, 2001, at the National Copyright Directorate), in laws 23 of 1982, 44 of 1993, 599 of 2000, 603 of 2000, in the Civil Code, in decrees 1360 of 1989, 460 of 1995, 162 of 1996, by the political constitution of Colombia, by Andean decision 351 of 1993 and by other international treaties on copyright and related rights ratified by Colombia, as well as by other intellectual property laws and treaties.
All intellectual property rights in and to the software, including but not limited to source code, interfaces, design and documentation, are and shall remain the exclusive property of Calltech SA. Under this Agreement, the software is licensed for use and does not imply any sale or transfer thereof.
TERMS OF USE
By accepting these terms, you agree to comply with the following rules when using the services:
1. You will not perform illegal acts.
2. You will not engage in activities that exploit, harm, or threaten to harm children.
3. You will not send unwanted information. This includes unsolicited or unwanted bulk emails, postings, contact requests, SMS (text messages), or instant messages.
4. You will not publicly display or use the Services to share inappropriate content or material (including, but not limited to, nudity, brutality, pornography, offensive language, graphic violence, or criminal activity) or content or material that does not comply with local laws or regulations.
5. You will not engage in fraudulent, false, or deceptive activities (e.g., soliciting money under false pretenses, impersonating another person, manipulating the Services to boost ratings or affect rankings, ratings, or reviews), defamatory, or slanderous activities.
6. You will not circumvent any restrictions regarding access to or availability of the Services.
7. You will not engage in activities that are harmful to you, the Services, or others (for example, transmitting viruses, harassing, posting terrorist or violent extremist content, communicating hate speech, or promoting violence against others).
8. You will not infringe the rights of others (for example, by unauthorized sharing of music or other copyrighted materials or by reselling or distributing Bing maps or photographs).
9. You will not engage in activities that infringe the privacy or data protection rights of others.
10. You will not assist others in breaking these rules.
USE OF THIRD PARTY APPLICATIONS AND SERVICES
The Services may allow you to connect to or purchase products, services, websites, links, content, materials, games, skills, integrations, bots, or applications from independent third parties (companies or individuals other than the Provider) ("Third Party Applications and Services"). Many of Calltech SA's Services also help you find, make requests, or interact with third party applications and services, or allow you to share your content or data. Therefore, you understand that by using our Services, you are instructing us to make third party applications and services available to you. Third party applications and services may also allow you to store your content or data with the publisher, provider, or operator of the third party applications and services. Third party applications and services may offer a privacy policy or require you to accept terms before you can install or use third party applications or services. Please note that no third party terms modify these Terms.
Calltech SA is not responsible for, nor does it guarantee, the operation of third-party applications and services, nor for the information shared, transferred, deleted, or stored through these means, nor for their purpose.
USE OF THE SERVICES
The terms of use for the services provided by Calltech SA are detailed below:
1. The license allows the customer to access the software directly and/or through its dependents. Therefore, third-party use of the software is not permitted.
2. The provider will provide access to the software using secure credentials.
3. The client will be responsible for maintaining the confidentiality of their access credentials and all activity carried out under their account.
4. The software and materials included with this license are the property of Calltech SA and are protected by law. The license will be granted provided the client faithfully complies with the terms of this Agreement. Any use outside these limits is unauthorized and will be considered a violation of copyright laws.
5. Under no circumstances shall this Agreement imply that the owner of the software rights assigns any of the intellectual property rights belonging to him, any of his contractors or any of his employees or affiliates.
6. The license will only be granted once the client has paid all amounts owed to Calltech SA or its authorized partners. While the installation and configuration are being carried out, you will have a provisional license. In the event of non-payment by the client for the license fees, Calltech SA will unilaterally declare the license in default and the license will be suspended. The client may not use any measures that prevent such suspension of the software and installation.
7. Calltech SA will not deliver source codes for the software.
8. Under this Agreement, Calltech SA assumes no obligation to provide support, training, or software updates.
9. The software license may allow third parties who interact with the software to access your data.
10. The software or associated services may experience failures or changes in functionality, as all online services are subject to interruptions or loss. Therefore, it is recommended that you make permanent backups of your content and data stored there, as Calltech SA will not be liable if your content and information cannot be recovered.
11. Third-party services, applications, products, or codes are not covered by Calltech SA's operational support.
12. By using the Service, you agree to (i) follow Calltech SA's instructions; (ii) obtain, maintain, and update all operating systems, software, and communications equipment necessary to access the Software; (iii) inform Calltech SA of any unauthorized use of your Application and any other activity that may raise concerns about the accessibility of the Applications or Software.
13. By using the services, you accept the Software License Agreement. Likewise, you acknowledge Calltech SA's right to update and/or modify the Software License Agreement. The current version of the Agreement will be available at the following URL: https://www.calltechsa.com/licencia-de-software/
The conditions set forth in this clause shall apply to both the initial version of the software delivered and to any subsequent versions, modifications, and any improvements.
RIGHTS AND OBLIGATIONS
Except as may be modified by any appendices to the License Agreement, which may be included with this License Agreement, your rights and obligations with respect to this Software are as follows:
YOU CAN:
1. Use the software by logging in at a time to process only your own information. Under no technological measure may multiple users be allowed to use the software simultaneously.
2. Make a backup copy of the software or copy it to your computer's hard drive and retain the originals as a backup copy, which may only be used in the event of deterioration or loss of the originally installed version. Copies remain the property of Calltech SA and are subject to the terms of this license.
3. Upon prior written authorization from Calltech SA, you may permanently assign the software to another person or entity, provided that you retain no copies of the software and the assignee agrees to the terms of this Agreement.
4. Where applicable, operate the software only on as many telephone lines or extensions as have been authorized by Calltech SA
YOU MAY NOT:
1. Operate the software on more than one computer at the same time.
2. Circumvent or bypass any technological protection measures in connection with the software and services.
3. Use the software in any unauthorized manner that could interfere with other people's use of the software.
4. Allow access to the services or modify any of the features of the software.
5. Copy any materials or documentation accompanying the software.
6. Any form of delivery to third parties, whether by transfer, marketing, use, leasing, licensing or rental of the software or part thereof, directly or indirectly.
7. Sublicense, sell, rent, distribute, copy, modify or use the software to provide services to third parties without the express written consent of the provider.
8. Reverse engineer, decompile, modify, translate, make any attempt to discover the source code of the software or the security key, or create products derived from it.
9. Remove, obscure or alter any part of the logos, trademarks, patents, copyrights or other proprietary rights notices related to the software.
10. Copy any part of the Software, except for backup copies as described above under the section What You May Do.
11. Use a previous version or copy of the Software once received by physical means (floppy disks, CDs) or electronic means, software that replaces the originals or an updated version that replaces the previous version, unless you have assigned the previous version to the updated version to a transferee of your choice, and such transferee agrees in writing that it will be the sole end user of the product, and is bound by the terms of this Agreement. Unless you have assigned the updated version under these conditions, all copies of the previous version must be destroyed when updating the Software.
12. Attempt to decipher by any known means or by knowing the source codes of the software.
13. Violate the product's encryption security.
14. Assign the license granted under this Agreement, unless expressly authorized.
SERVICE AVAILABILITY
Services, applications, and third-party services, or materials or products offered through the Services, may be unavailable from time to time, may be offered on a limited basis, or may vary depending on your region or device. This is because all online services experience occasional interruptions. Calltech SA is not responsible for any interruptions or losses you may suffer as a result. In the event of an interruption, you may not be able to recover your content or data that you have stored. We recommend that you permanently back up your content, information, and data that you store on the Services or with third-party applications and services.
MODIFICATIONS TO SERVICES
Calltech SA may change these terms at any time and will notify you when it does so. Using the services after the changes become effective means you accept the new terms. If you do not accept the new terms, you must stop using the services.
If at any time it becomes necessary to remove or change features or functionality of the Service, or to completely stop providing a Service or access to third-party applications and services. Except to the extent required by applicable law, Calltech SA will have no obligation to provide a new download or replacement of any Service or Application.
Calltech SA reserves the right to make modifications, improvements, and additions to the software according to general needs without prior notice, unless this would modify strictly specific functions of the service that have been requested by you.
PAYMENTS
Payments under this Agreement shall be subject to the terms and conditions of the main contract.
VALIDITY
The validity of this Agreement shall be subject to the term of the main contract.
confidentiality
Calltech SA undertakes to establish a confidentiality agreement with you, consisting of not misusing your personal or business data or information recorded in the software and not extracting, providing, or sharing them unless requested by a competent authority or for the purposes for which it was provided in the software.
Both parties agree to maintain strict confidentiality of all non-public information to which they have access during the term of this Agreement.
LIMITED SERVICE WARRANTY
Calltech SA offers a limited warranty on the operation of software provided under the Software as a Service (SaaS) model, implemented in public, private, or hybrid cloud environments, including those cases in which local components are installed in the client's infrastructure as an integral part of the solution.
The warranty covers performance in accordance with the documented technical specifications of the service, provided it is used appropriately, on compatible platforms, and under the operating conditions established by Calltech SA. This warranty is valid for a period of sixty (60) calendar days from the initial activation of the service or from the installation of the local components, whichever occurs first.
During this period, Calltech SA undertakes to make commercially reasonable efforts to correct substantial service failures attributable to programming errors or design defects, by applying corrective updates, patches, or configuration adjustments, delivered electronically or directly deployed from Calltech SA's central infrastructure.
Any incident covered by this warranty must be reported by the customer in writing within two (2) business days of its detection. Technical support associated with this warranty is provided on a 5x8 basis (five days a week, eight hours a day, during business hours), unless a different schedule is expressly agreed upon in an additional contract.
The warranty will be void if the software or its components are modified by the customer without the express written approval of Calltech SA, or if the conditions and restrictions set forth in this Agreement are violated. This warranty does not cover errors, interruptions, or losses resulting from:
· Malfunction of hardware, electrical networks, or operating systems;
· Presence of unauthorized or unapproved third-party software;
· Failure to comply with usage recommendations;
· Problems with third-party services integrated by the client without approval from Calltech SA;
· Factors external to the environment controlled by Calltech SA, including natural disasters, cyberattacks, or failures in customer connectivity services.
Likewise, Calltech SA does not guarantee that the software will meet all of the client's specific requirements or that it will operate uninterruptedly, without errors, or with continuous availability. However, it is committed to maintaining reasonable quality levels in accordance with market practices. For clarity, the service is provided "as is," and any future functionality is subject to further development and product evolution plans.
The management and backup of data generated, uploaded, or processed by the client within the service is the client's sole responsibility. Calltech SA will not be liable for loss of information, data security, or the integrity of databases managed directly by the client.
In the event that Calltech SA cannot correct an error covered by this warranty, its sole obligation will be, at its discretion, (i) to replace or reconfigure the affected component, or (ii) to grant a credit proportional to the value of the affected service, if applicable and under the previously agreed conditions.
This limited warranty is in lieu of all other warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.
LIMITATION OF LIABILITY
Calltech SA shall be directly liable to the Client for compliance with the obligations arising from this Agreement, and its liability shall refer to the obligations established in this license document. In any case, Calltech SA's contractual or extracontractual liability shall be limited to the maximum value of this license and shall only cover damages caused by gross negligence or willful misconduct.
In the event of damage, the customer must promptly inform Calltech SA so that it can take appropriate measures to mitigate the damage. If a third party claims that the products or services provided by Calltech SA to the customer infringe their patents or intellectual or material property rights, Calltech SA will defend them against such claims.
In no event shall Calltech SA be liable for indirect damages, including loss of profits, customers, goodwill, or data, arising out of the use or inability to use the software, even if Calltech SA has been advised of the possibility of such damages. Calltech SA shall not be liable for incidental, special, or consequential damages arising out of the use or inability to use the software.
APPLICABLE LEGISLATION AND JURISDICTION
This Agreement shall be governed by Colombian law, and the parties agree to submit their disputes regarding this license agreement to the Arbitrators for their decision, waiving the right to assert their claims before a judge. The international arbitration tribunal shall be appointed by the Chamber of Commerce of Bogotá, DC, and shall be subject to the current legal norms and regulations:
a) The court will be composed of one (1) arbitrator.
b) The internal organization of the Court shall be subject to the rules established for this purpose by the Center for Commercial Arbitration and Conciliation of the Chamber of Commerce of Bogotá DC.
c) The Court shall decide in law.
d) The Court will operate in Bogotá DC at the Commercial Arbitration and Conciliation Center of the Chamber of Commerce of this city.
e) The arbitrator referred to in point a) will be appointed by the president of the Arbitration Center from among those arbitrators who have a commercial profile, and hopefully with knowledge of technology.
By opening the software package, you agree that you have read and understood this Agreement and that you will be bound by its terms and conditions. You also agree that this Agreement supersedes any prior written or oral agreement and any other communications relating to the subject matter of this Agreement.
Calltech SA® Policy
Consult the general data protection policy of Calltech SA®
Software License
Check the Calltech SA® Software License
CTiContRol® Terms
Please see the CTiContRol® Terms and Conditions
CTiContRol® Privacy
Please consult the CTiContRol® Privacy Policies
CTWebRTC® Privacy Policy
Please see the CTWebRTC® Privacy Policies
