End User Licence Agreement

 

Introduction

This CallN VoIP recording software product (the Software Product) and associated documentation (the Documentation) available on the calln.com website (the Website) is owned (or licensed) by 1300 Australia Pty Ltd, trading as CallN (ABN 77 108 792 016) (We, Us or Our).

This end-user license agreement (EULA) sets out the terms and conditions on which  (You) may use the Software Product. By downloading, installing, copying or otherwise using the Software Product or Documentation, You accept and agree to be bound by the terms of this EULA without any limitation or qualification. If You do not agree to the terms of this EULA, do not install or use the Software Product. This EULA constitutes a legally binding agreement between You and Us.

This EULA applies in addition to any other terms and conditions to which You are subject in relation to the Software Product, including

(a)              Our privacy policy available at https://calln.com/privacy-policy/;

(b)              Our security policy available at https://calln.com/features/security-policy/; and

(c)              the Service Terms of Use of use for Our Hosted Call Recording Service;

(d)              the terms of use for Our Website available at https://calln.com/Terms;

(e)              any relevant third party terms and conditions, 

(collectively, Other Terms). In the event of any inconsistency between these Terms and the Other Terms, these Terms will prevail to the extent of the inconsistency.

Ownership

The Software Product and Documentation is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

All rights and title, including all copyright and other intellectual property rights, in and to the Software Product and Documentation are owned (or licensed) by Us.

The Software Product is licensed, not sold. We reserve all rights not expressly granted in this EULA.

Licence

Licence:  We grant You a personal, non-transferable, non-exclusive, revocable licence (with no right to sub-license) to install and use a copy of the Software Product on Your computer running a validly licensed copy of an Approved Operating System and to use the Documentation only in connection with, and for the purpose of using, the Hosted Call Recording Service. This EULA and licence continues until You cease to use, or we terminate Your use of, the Hosted Call Recording Service.

Backup Copies: You may make copies of the Software Product as may be reasonably necessary for backup and archival purposes.

Licence restrictions: You must not (except as permitted under the Copyright Act 1968 (Cth) notwithstanding these limitations):

(a)              reproduce (other than for backup purposes), modify, adapt, develop or in any way alter the Software Product or Documentation;

(b)              distribute, sell, commercialise or purport to sub-licence copies of the Software Product or Documentation (or any parts thereof) to any other parties;

(c)              remove, delete or alter any proprietary information, copyright notices or trademark notices on any copies of the Software Product or Documentation;

(d)              reverse engineer, decompile, or disassemble the Software Product (or any parts thereof);

(e)        rent, lease, or lend the Software Product or Documentation (or any parts thereof); or

(f)        allow any third party to use the Software Product or Documentation

You must notify Us immediately if You become aware of any unauthorised use of the Software Product or Documentation by any person.  

Calls

You must comply with all applicable laws.

You grant Us a non-exclusive licence (with the right to sub-licence to Our third parties) to access, use, reproduce, store and transmit the calls and content recorded through use of the Software Product (Calls) for the purpose of providing the Hosted Call Recording Service.

You are responsible for the content of all Calls.

We are not responsible or liable in any way for any Calls or content recorded, accessed, transmitted or stored through the Software Product, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, business interruption, loss of privacy or the disclosure of confidential information.

Patches, updates and upgrades

Any patches, updates, upgrades or modifications to the Software Product provided or made available to You by Us will be considered to be part of the Software Product and subject to the terms and conditions of this EULA. 

Termination 

Without prejudice to any of Our other rights, We may immediately terminate this EULA and Your licence to the Software Product and Documentation (or any part thereof) at any time if We reasonably believe that You are in breach of any of the terms and conditions of this EULA or any Other Terms.

If this EULA is terminated, You must immediately:

(a)              cease using the Software Product and Documentation; and

(b)              destroy or delete all copies of the Software Product and Documentation in your possession or control.

Liability

Nothing in this EULA is intended to exclude, restrict or modify rights which You may have under any law (including under Schedule 2 of the Competition and Consumer Act 2012 (Cth) (the Australian Consumer Law)), or any regulations of the Australian Communications and Media Authority, which may not be excluded, restricted or modified by agreement (Your Consumer Rights). You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.

If You suffer any loss in connection with the Website, You must take all reasonable steps to minimise your loss, including notifying Us without delay if there are steps We can take to help minimise Your loss.

Subject to Your Consumer Rights, We are not liable to You (whether under statute, contract or tort, including for negligence, or otherwise):

(c)              for any loss of revenue, business, anticipated savings, profits, corruption or loss of data or recorded Calls, or for any indirect or consequential loss howsoever arising;

(d)              for any loss or damage that was not reasonably foreseeable to You and Us; and

(e)              to the extent that Your loss or damage was caused or contributed to by You;

(f)               to the extent any loss or damage was caused by a matter outside of Our reasonable control (including without limitation failure or shortage of power supplies, acts or omissions of other communications providers, compliance with any law or court order, acts or omissions of local or central government or other competent authorities).

If We are required to take responsibility for any loss or damage under the Australian Consumer Law, then to the extent that We are permitted to do so such responsibility will be limited to resupply of the Software Product or Documentation (as applicable).

Warranties

We cannot guarantee that the Software Product is fault or virus free or that use of the Software Product will be uninterrupted.

While reasonable effort is taken to ensure that the Documentation is accurate, the Documentation is provided on an ‘as is’ basis and may at times be out of date and include errors or omissions.

It is Your responsibility to determine whether the Software Product is suitable for Your requirements.

To the extent permitted by the Australian Consumer Law, the Software Product is provided ‘as is’

Your indemnity to Us

You indemnify Us and Our related entities and subcontractors against any loss, cost, expense (including reasonable legal fees), claim, demand or action (howsoever caused) suffered or incurred by Us, Our related entities or subcontractors arising in connection with:

(a)              any breach by You of Our rights in the Software Product or Documentation, including any breach of the licence terms or restrictions in this EULA; and

(b)              in respect of Your Calls.

The benefit of this indemnity is held by Us on Our own behalf and on trust for Our related entities and subcontractors.

General

This EULA and Your use of the Software and any dispute arising out of such use of the Software is subject to the laws of Australia. is governed by the laws of Victoria, Australia. The courts of Victoria, Australia (and the courts of appeal from them) have exclusive jurisdiction to resolve any disputes arising under or in connection with this EULA.

If We do not act in relation to a breach of this EULA by You, We do not waive any rights to act in relation to that breach or any later breach by You.

If the whole or any part of a provision of this EULA is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this EULA has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.

If You have any questions or complaints about the Software, please contact Us on the details below:

Email: support@calln.com

Phone: +61 1300 IMPROVE

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