Terms of Service [Updated on
October 9th 2009]
YOU MUST READ THESE TERMS AND CONDITIONS BEFORE USING THIS SITE.
Once you use the telecom product and service of SPM Information
Solutions Pvt. Ltd. , you are agreeing to be bound by the terms
and conditions stated herein.
This End User License Agreement ("EULA") is a legal
agreement between you (either an individual or a single entity)
and SPM Information Solutions Pvt Ltd ("SPM") for all
software product identified above, which includes computer software
and may include associated hosted online services and access to
same, media, printed materials, and "online" or electronic
documentation ("Product"). By using the Product or the
associated hosted service, and any related service, application,
plug-in, component, functionality, or program sold by SPM, you
are agreeing to the following terms and conditions. Please read
them carefully before using this Product or hosted service. By
downloading the Product and/or by completing the registration
process for the hosted services, you represent and warrant that
you have read, understand, have the legal capacity to, and hereby
agree to be legally bound by these terms and conditions. All SPM
products are available ONLY TO USERS 18 YEARS OF AGE OR OLDER.
1. Orders and Payments
Orders: Orders are not binding until accepted by SPM,
in its sole discretion. Except in the case of a breach, as provided
in Section 10, once an order is accepted by SPM, it may be changed
or cancelled only with the written consent of the parties.
You have the option to pay for your use of the all our software
product in the form of a monthly recurring fee or a "lifetime
buyout". You must choose your payment option at the time
you download the Product. Fees are exclusive of any freight, taxes
(sales, use, personal property tax, etc.), duties or imposts,
all of which are your responsibility. To the extent you choose
to incur monthly recurring fees for your use of the software products
you agree to pay all amounts due upon receipt of invoice. Failure
to pay all amounts due within ten (10) days of receipt of an invoice
may result in termination of your access to the hosted service.
Final Sale: All software product sales are non-refundable
2. Disclaimer of Warranties; Limitation of Liability
Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH ABOVE,
SPM PROVIDES THE PRODUCT AND THE HOSTED SERVICE "AS IS"
AND WITH ALL FAULTS. SPM HEREBY DISCLAIMS ALL OTHER WARRANTIES,
EXPRESS, IMPLIED OR STATUTORY, ARISING BY LAW OR OTHERWISE, INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE AND NONINFRINGEMENT,
WITH REGARD TO THE PRODUCT OR THE HOSTED SERVICE. WITHOUT LIMITING
THE FOREGOING, SPM DOES NOT WARRANT THAT THE PRODUCT OR HOSTED
SERVICE WILL BE FREE OF BUGS, ERRORS, VIRUSES OR OTHER DEFECTS.
Please note that SPM does not provide telecommunications services.
Your telecommunications service provider is responsible for TRAI
compliance. Depending on your specific installation and service
provider, your Product installation may not send and receive mission
critical calls reliably, and may not pass correct location information
to emergency services. It is the sole responsibility of the installer
and user to ensure compliance with all local codes, and to inform
users of any limitations or issues regarding emergancy service
like medical / police. SPM is not liable for any resulting damages
related to mission crytical use.
Disclaimer of Certain Damages: IN NO EVENT WILL SPM BE LIABLE
FOR THE COST OF COVER OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL,
PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, INFORMATION, REVENUE,
PROFIT OR BUSINESS) ARISING OUT OF OR RELATING TO THE USE OR INABILITY
TO USE THE PRODUCT OR HOSTED SERVICE OR OTHERWISE UNDER OR IN
CONNECTION WITH THIS EULA, THE PRODUCT, OR THE HOSTED SERVICE,
WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY OR OTHER THEORY EVEN IF SPM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability: SPM'S LIABILITY ARISING OUT OF OR RELATING
TO THE USE OR INABILITY TO USE THE PRODUCT OR HOSTED SERVICE OR
OTHERWISE UNDER OR IN CONNECTION WITH THIS EULA, THE PRODUCT,
OR THE HOSTED SERVICE IS LIMITED TO THE AMOUNT ACTUALLY PAID BY
YOU FOR THE HOSTED SERVICE REGARDLESS OF THE AMOUNT OF DAMAGES
YOU MAY INCUR AND WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY OR OTHER THEORY. The foregoing disclaimer of
warranties, disclaimer of certain damages and limitation of liability
will apply to the maximum extent permitted by applicable law.
The laws of some states/jurisdictions do not allow the exclusion
of implied warranties or the exclusion or limitation of certain
damages. To the extent that those laws apply to this EULA, the
exclusions and limitations set forth above may not apply to you.
You may have other rights which vary from state to state or province
to province. For further warranty information, you may contact
SPM at No 51, 3rd Cross, G.P.Extn, Bengaluru - 560 019, Karnataka,
You agree to hold harmless and defend SPM, at your expense, from
and against any and all third party claims, actions proceedings,
and suits and all related liabilities, damages, settlements, penalties,
fines, costs or expenses (including, without limitation, reasonable
attorneys' fees and other litigation expenses) incurred by SPM
arising out of or relating to your (a) violation or breach of
any term of this license agreement, or (b) misuse of the Product
or hosted service.
4. Your Registration Obligations
To obtain and use the hosted service, you will be required to
register with SPM by completing a registration form and designating
a user ID and password. When registering with SPM you agree to:
(a) provide true, accurate, current and complete information about
yourself as prompted by the registration form (such information
being the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or we have grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
we may suspend or terminate your account and refuse any and all
current or future use of the Product or hosted service (or any
You are responsible for maintaining the confidentiality of the
user ID and password, and are fully responsible for all activities
that occur under your user ID or password. You agree to immediately
notify SPM of any unauthorized use of your user ID or password
or any other breach of security. SPM cannot and will not be liable
for any loss or damage arising from any unauthorized use of your
5. USER CONDUCT/ACCEPTABLE USE POLICY
You may not use the hosted service in any way that violates applicable
Government of INDIA law, or for any unlawful purpose. In addition,
SPM reserves the right to terminate your access to and use of
the Services if, in our view, your conduct fails to meet any of
the following guidelines for User conduct:
You may not attempt to harm, disrupt, or otherwise engage in activity
that diminishes, the SPM website, computer systems and network,
or the Product or hosted service.
You may not attempt to interfere with any other person's use of
the Product or hosted service.
You may not misrepresent your identity or impersonate any person.
You may not attempt to gain access to any account, computers or
networks related to the Product or hosted service without authorization.
You may not attempt to obtain any data through any means from
the Product or hosted service, except if we intend to provide
or make it available to you.
You may not use the Product or hosted service to participate in
pyramid schemes or chain letters.
You may not use the Product or hosted service to send, either
directly or indirectly, any unsolicited bulk e-mail or communications
or unsolicited commercial e-mail or communications.
You may not use the Product or hosted service for defaming, abusing,
harassing, stalking, threatening or otherwise violating the legal
rights of others.
You may not use the Product or hosted service to send or otherwise
make available, any material protected by intellectual property
laws unless you own or control the rights to such material or
have received all necessary consents.
You may not use the Product or hosted service to send or otherwise
making available any material that contains viruses, Trojan horses,
worms, corrupted files, or any other similar software that may
damage the operation of another's computer or property.
You may not use the Product or hosted service to violate any code
of conduct or other guidelines which may be applicable to the
Product or hosted service.
You may not use the Product or hosted service to harvest or otherwise
collecting information about others, including e-mail addresses.
may not attempt to modify, translate, adapt, edit, copy, decompile,
disassemble, or reverse engineer any software used or provided
by SPM in connection with the Product or hosted service.
All judgments concerning the applicability of these guidelines
shall be at the sole and exclusive discretion of SPM
6. Confidential Information
Nondisclosure: All intellectual
property and confidential information ("Confidential Information")
disclosed by SPM pursuant to this EULA shall not be distributed,
disclosed, or disseminated in any way or form to anyone except
your own employees who have a reasonable need to know such Confidential
Information and who have been advised of the confidential nature
and are required by written agreement to observe the terms and
conditions hereof, nor shall Confidential Information be used
by you for your own purpose, except for the purposes of exercising
its rights or fulfilling its obligations under this EULA. If you
are required by a subpoena or court order to disclose Confidential
Information, you shall disclose only that amount of information
requested to comply with such subpoena or court order and shall
provide SPM with prior sufficient notice to allow SPM to seek
a protective order.
Exclusions: The obligations of Section 6(a) shall not apply,
however, to any information which: is already in the public domain
or becomes available to the public through no breach of this EULA
by you; was in your possession prior to receipt from SPM as proven
by your written records; is received independently on a non-confidential
basis from a third party free to disclose such information to
you; is independently developed by you as proven by your written
records prior to receipt from SPM; or is licensed under the GNU
General Public License ("GPL").
Return of Confidential Information:Upon request of SPM, or upon
any expiration or termination of this EULA, you shall promptly
return all copies and embodiments of the Confidential Information
The Product and hosted service are valuable property of SPM and
is protected by copyright and other intellectual property laws
and treaties. SPM and its partners owns all right, title and interest
in and to the Product and hosted service and all copyright and
other intellectual property rights in the Product and hosted service.
8. Intellectual Property Rights and Notices
All contents of the SPM's website, product and hosted service,
including but not limited to design, text, software, technical
drawings, configurations, graphics, other files, and their selection
and arrangement ("Content") are: Copyright © 2000
SPM Information Solutions Pvt Ltd and its partners and/or the
proprietary property of its suppliers, affiliates, or licensors.
Content may not be reproduced, modified, derivative works created
from, displayed, performed, published, distributed, disseminated,
broadcasted or circulated to any third party (including, without
limitation, the display and distribution of the material via a
third party websites or other networked computer environment)
without the express prior written consent of SPM and/or it suppliers,
affiliates, or licensors. All rights reserved.
fonality, PBXtra, HUD, trixbox Pro and trixNet are registered
trademarks of Fonality. asterisk is a registered trademark of
Digium, Inc. SPM Logo marks or registered trademarks of SPM, and
may not be copied, imitated, or used, in whole or in part, without
SPM's prior written permission or that of our suppliers or licensors.
Other product and company names may be trade or service marks
of their respective owners. This EULA does not grant you any rights
in connection with any trademarks or service marks of SPM.
SPM may have patents, patent applications, trademarks, copyrights,
or other intellectual property rights covering subject matter
that are part of the Product and/or hosted services. Unless we
have granted you licenses to our intellectual property in these
terms and conditions, our providing you with such Product and/or
hosted service does not give you any license to our intellectual
property. Any rights not expressly granted herein are reserved.
Without prejudice to any other rights, SPM may terminate this
EULA if you do not abide by the terms and conditions contained
herein. Upon termination of this EULA, you must cease use of the
Product and hosted service, and destroy all copies of the Product
and all of its component parts. In the event that SPM terminates
a "lifetime buyout" of the trixbox Pro, SE, EE or trixbox
Pro CCE, as provided for in Section 3 above, SPM will prorate
your upfront payment towards a three-year agreement, and you will
be responsible for the payment of any remaining fees on such three-year
agreement. No delay or omission to exercise any right, power,
or remedy upon a breach or default under this Agreement shall
impair any such right, power, or remedy of the non-defaulting
party or be construed as a waiver of any such breach or default.
10. Export Restrictions
You acknowledge that the Product is subject to INDIA export restrictions.
You agree to comply with all applicable laws and regulations that
apply to the Product, including without limitation the INDIA Export
11. Governing Law; Jurisdiction
Unless expressly prohibited by local law, this EULA and all orders
hereunder shall be governed by and construed under the laws of
the Bengaluru, Karnataka, INDIA without regard to any conflict
of law principles to the contrary. The 1980 U.N. Convention on
Contracts for the International Sale of Goods or any successor
thereto does not apply. You hereby irrevocably submit to jurisdiction
of the state and federal courts located in Los Angeles County,
California with respect to any proceeding under this EULA or relating
to the Product. You will not prosecute any action, suit, proceeding
or claim arising under or by reason of this EULA except in such
12. Attorney's Fees
In any action or proceeding to enforce rights under this Agreement,
the prevailing party will be entitled to recover costs and reasonable
13. English Language
It is the express wish of the parties that this Agreement and
all related documents be drawn up in English.
14. Entire Agreement
This EULA sets forth the entire agreement of SPM and you with
respect to the Product, the hosted service, and the subject matter
hereof, and supersedes all prior and contemporaneous understandings
and agreements whether written or oral. No amendment, modification
or waiver of any of the provisions of this EULA will be valid
unless set forth in a written instrument signed by the party to
be bound thereby.
If any provision of this EULA is held by a court of competent
jurisdiction to be invalid, illegal, void, or unenforceable, the
remainder of this EULA will remain in full force and effect and
Any notice required or permitted to be sent under this Agreement
shall be delivered by first class mail, return receipt requested,
or via an international courier service (e.g. Bluedart, DTDC etc.)
to the addresses of the parties set forth in this order. Notice
so sent will be deemed effective three days following deposit
in the mail, proper postage prepaid or one day following delivery
to an international courier, prepaid for overnight delivery.
We reserve the right, at our sole discretion, to change, modify
or otherwise alter these terms and conditions at any time. You
can find the most recent version of these terms and conditions
here, with the date of last modification noted above. Such modifications
shall become effective immediately upon the posting thereof. Therefore,
we encourage you to check the date of our terms and conditions
whenever you visit the SPM (spminfosol) website to check if they
have been updated. You must review this agreement on a regular
basis to keep yourself apprised of any changes. If you do not
agree to the revised terms and conditions, your sole recourse
is to immediately stop all use of the Product and/or hosted service.
Your continued use of the Product and/or hosted service following
the posting of modifications will constitute your acceptance of
the revised terms and conditions. Should you have any questions,
please contact us.
© 2000 SPM Information Solutions Pvt Ltd. All rights reserved.
Unauthorized duplication is a violation of applicable laws.