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ZOONTE End User License Agreement

IMPORTANT PLEASE READ CAREFULLY: 

Before reading the articles below, please take good notice of the following preliminary terms, which terms make use of some of the definitions as specified in Article 1 below: 

Entering into this Agreement: This End User License Agreement constitutes a valid and binding agreement between Zoonte and You, as a user, for the use of the Zoonte Service. You must enter into this Agreement by clicking on the ACCEPT button in order to be able to use the Zoonte Service. Furthermore, by (continuously) using the Zoonte Service You agree to be bound by the terms of this Agreement and any new versions hereof. 

Electronic Signatures and Agreement(s): You acknowledge and agree that by clicking on the ACCEPT button or similar buttons or links as may be designated by Zoonte to show Your approval of any foregoing texts,  You are entering into a legal binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through Zoonte. 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. 

No Emergency Calls: by entering into this Agreement You acknowledge and agree that  Zoonte  does not and does not intend to support or carry emergency calls.  

No refunds or chargebacks: By entering into this Agreement You acknowledge and agree that Zoonte does not accept chargebacks, all sales are final and no refunds are given.

Jurisdiction's Restrictions: if You are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and You are under such a jurisdiction and under such age limit, You may not enter into this Agreement and use the Zoonte Service. Furthermore, if You are residing in a jurisdiction where it is forbidden by law to offer or use the Zoonte Service for internet telephony, You may not enter into this Agreement and You may not use the Zoonte Service. By entering into this Agreement You explicitly state that You have verified in Your own jurisdiction if Your use of the Zoonte Service is allowed. 

Article 1. Definitions

In this Agreement the following capitalized definitions are being used, singular as well as plural. 

1.1 Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, Zoonte. 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.

1.2 Agreement: this End User License Agreement, as may be renewed, modified and/or amended from time to time.

1.3 Documentation: any online or otherwise enclosed documentation provided by Zoonte.

1.4 Effective Date: the date on which this Agreement is entered into by clicking on the ACCEPT button as stated above or by (continuously) using the Zoonte Service.

1.5 IP Rights: any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know how and trade secrets contained in or relating to the Zoonte Service, the Documentation, the Zoonte Website or the Zoonte Promotional Materials.

1.6 Zoonte: A registered trademark of  EUROFON SRL, a company established under the laws of Romania.

1.7 Zoonte Promotional Materials: any and all names, signs, logos, banners and any other materials, in whatever form, owned and/or used by Zoonte for the promotion of its company, its products and activities.

1.8  Zoonte Staff: the officers, directors, employees and agents of Zoonte or its Affiliates, or any other persons hired by Zoonte or its Affiliates in relation with the execution of this Agreement.

1.9  Zoonte Website: any and all elements and contents of the website available  among other URL's- under the URL  HYPERLINK "http://www.Zoonte.com/"www.Zoonte.com. 

1.10 You: you, the end user of the Zoonte Service, also used in the form “Your” where applicable.

Article 2.  Permission to Utilize

2.1 Permission to utilize Your computer. In order to receive the benefits provided by the Zoonte Service, you hereby grant permission for  Zoonte to utilize the processor and bandwidth of Your computer for the limited purpose of facilitating the communication between You and other Zoonte Service users.

2.2 Protection of Your computer (resources). You understand that  Zoonte  will use its commercially reasonable efforts to protect the privacy and integrity of Your computer resources and Your communication, however, You acknowledge and agree that Zoonte cannot give any warranties in this respect.

Article 3. Confidentiality and Privacy

3.1 Zoonte's Confidential Information. You agree to take all reasonable steps at all times to protect and maintain any confidential information regarding Zoonte, its Affiliates, the Zoonte Staff  and the IP Rights, strictly confidential.

3.2 Your Confidential Information and Your Privacy. Zoonte is committed to respecting Your privacy and the confidentiality of Your personal data. The “Privacy Policy” that is published on the Zoonte Website applies to the use of Your personal data, the traffic data as well as the content contained in Your communication(s).

Article 4. IP Rights and Translations

4.1 Exclusive Ownership. You acknowledge and agree that any and all IP Rights are and shall remain the exclusive property of Zoonte and its licensors. Nothing in this Agreement intends to transfer any IP Rights to, or to vest any 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 the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws.

4.2 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 Zoonte's rights and ownership thereof.

4.3 Translations. You acknowledge and agree that the intellectual property rights regarding any translations made by You of any information on or accessible through the Zoonte Website or as otherwise requested of You by Zoonte at any time prior to or subsequent of the Effective Date will be and remain the sole and exclusive property of Zoonte without any compensation to You. Insofar as necessary, this Agreement serves as a deed of assignment of all of Your right, title and interest in and to such translations to Zoonte, notwithstanding Your obligation to cooperate with Zoonte in order finalize any other deed upon Zoonte's first request. You hereby irrevocably waive to the extent permitted by law any moral rights relating to Your translations. You furthermore represent and warrant that (a) You are authorized to assign Your rights as stated above and (b) Your translations are correct and accurate and (c) the translations do not infringe upon any third parties' rights, including but not limited to intellectual property rights.

4.4 Use of Zoonte Promotional Materials. You are not allowed to use the Zoonte Promotional Materials.

Article 5. Term and (Consequences of) Termination

5.1 Term. This Agreement will be effective as of the Effective Date and will remain effective until terminated by either Zoonte or You as set forth below.

5.2 Termination by Zoonte.  Zoonte may terminate this Agreement at any time, with or without cause, by providing notice to You and/or by preventing Your access to the Zoonte Service.

5.3 Termination by You. You may terminate this Agreement at any time, with or without cause, provided that You will meet with the conditions as set forth in Article 5.4 below.

5.4 Consequences of Termination. Upon termination of this Agreement, You (a) acknowledge and agree that all licenses and rights to use the Zoonte Service shall terminate, and (b) will cease any and all use of the Zoonte Service.

Article 6. Your Representations and Warranties; Indemnification of Zoonte

6.1 Representations. You represent and warrant that You are authorized to enter into this Agreement and comply with its terms. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Zoonte Service.

6.2 Indemnification. You agree to indemnify, defend and hold Zoonte, its Affiliates and the Zoonte Staff harmless from and against any and all liability and costs, including reasonable attorneys' fees incurred by said parties, in connection with or arising out of Your (a) violation or breach of any term of this Agreement or any applicable law, regulation, policy or guideline, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the Zoonte Service.

Article 7 Disclaimer of Warranties

7.1 No warranties. THE Zoonte SERVICE IS PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER; Zoonte DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE Zoonte SERVICE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. Zoonte FURTHER DOES NOT REPRESENT OR WARRANT THAT THE Zoonte SERVICE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES Zoonte WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE.

7.2 Your own Risk. You acknowledge and agree that the entire risk arising out of the use or performance of the Zoonte Service remains with You, to the maximum extent permitted by law.

7.3 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.

Article 8. Limitation of Liability

8.1 Limitation of Liability. 

IN NO EVENT SHALL Zoonte, ITS AFFILIATES OR THE Zoonte STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE Zoonte SERVICE, EVEN IF Zoonte, ITS AFFILIATES OR THE Zoonte STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2 Remedy. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE Zoonte SERVICE  IS TO CEASE USE OF SUCH Zoonte SERVICE.

8.3 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.

Article 9. General Provisions

9.1 New versions of the Agreement. Zoonte reserves the right to modify this Agreement at any time by providing such revised Agreement to You or by publishing the revised Agreement on the Zoonte Website. Your continued use of the Zoonte Service shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement.

9.2 Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between You and Zoonte with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.

9.3 Partial Invalidity. Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.

9.4 No waiver. The failure of Zoonte at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by Zoonte.

9.5 No Assignment by You. You are not allowed to assign this Agreement or any rights hereunder.

9.6 Assignment by Zoonte. Zoonte is allowed to at its sole discretion assign this Agreement or any rights hereunder to any Affiliate, without giving prior notice.

9.7 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of Romania without giving effect to the conflict of laws or provisions of Romania or Your actual state or country of residence. 

9.8 Competent Court. Any legal proceedings arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of the courts of Oradea, Romania.

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, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO Zoonte  Company THE RIGHTS SET FORTH HEREIN. 

Last revision: November, 2007

Fair Use Policy

Summary

1. We reserve the right to vary the terms of the Fair Use Policy from time to time.

Unreasonable Use

1. It is unreasonable use of Zoonte Services where Your use of Zoonte Services is reasonably considered by Zoonte to be fraudulent or to adversely affect the Zoonte Network or other Zoonte customers' use of or access to a Zoonte Service or the Zoonte Network.

2. Among other things, "fraudulent use" includes resupplying a Zoonte Service without Zoonte's consent so that someone else may access or use Zoonte.

Our rights

Zoonte may charge you a cost-price based rate for any subsequent calls, terminate your account, or deny the use of the Zoonte service or features of it.