CCOMMUNICATOR ® INTERFACE

Licence Terms:

1. This is an Agreement between you and CCOMMS Limited. CCOMMS Limited (CCOMMS) provides the CCOMMUNICATOR ® and is the holder of an exclusive worldwide licence in the codecs used in the CCOMMUNICATOR® in respect of video-messaging and video-communication products and manages use of the same. Neither CCOMMS Ltd nor CCOMMS (UK) Limited own the codecs utilised. Rights enforced herein may be enforced by CCOMMS on behalf of third parties.
2. EMERGENCY/911 CALLS
CCOMMUNICATOR IS NOT A VOIP SERVICE (although the CCOMMS codecs are licensed to some VoIP carriers) AND DOES NOT CONNECT TO THE PSTN.YOU EXPRESSLY ACKNOWLEDGE THAT EMERGENCY 9-9-9, 9-1-1, 1-1-2 and similar CALLS ARE NOT INTENDED TO BE CARRIED/SUPPORTED BY THE SOFTWARE OR SERVICES AND THAT NEITHER CCOMMS NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES ARE OR WILL BE LIABLE FOR SUCH CALLS OR THE INABILITY TO MAKE SUCH CALLS. (FREEPHONE ACCOUNTS MAY BE AVAILABLE TO NATIONAL CENTRAL EMERGENCY COMMUNICATIONS FACILITIES SUCH AS THE 911 OPERATOR or 999 OPERATOR SERVICES).
3. ACCEPTANCE & USE By using the CCOMMS Site, purchasing or using our software or other products or entering into negotiations or a contract with us, you signify your irrevocable acceptance of these Terms of Use. This Agreement between you and CCOMMS Ltd ("CCOMMS") regards one or more Beta Product versions (or post-beta versions) of CCOMMS CCOMMUNICATOR ® and associated codecs, software and documentation (the “Product” which term shall include any part of the same).
4. You and anyone who uses this software on your computer also accepts the current terms of use at the time of use and the terms of registration at that date.
5. You may not download, install or use in any way whatsoever use any CCOMMS software unless you agree to the terms of the relevant end user license agreement.
6. Your use requires that you have a valid trial, Friends or subscription account with CCOMMS.COM. The amount of material you can see on CCOMMS systems and the CCOMMUNICATOR® depends on your business relationship with CCOMMS, based on the email address you give us at the time of registration and your subsequent validation and enrollment wth a subscription. If you don’t subscribe within these 30 days of your trial period starting, your CCOMMUNICATOR will revert to CCOMMUNICATOR® unregistered mode and you will only be able to call CCOMMS users who have a freephone CCOMMUNICATOR® .Your profile will also identify your device as unregistered. We do not guarantee connectivity or warrant this in any way and disclaim all liability for lack of connectivity to the maximum extent permitted by law.
7. You must register using our registration screen. and all the profile screens although the second and subsequent screens are non-mandatory. These may be filled in and corrected at any time. It is in your interests that full profile completion is carried out.
8. Real names and not pseudonyms must be used in the owners name and address fields and all use is infringing is this is not done.
9. As part of the registration process for the Software and the Profile you will be asked for details and you agree to provide these accurately and keep them up to date.
10. You agree that we can e-mail a password reset link to the registered e-mail and that any response using that link is valid for your account. You shall provide CCOMMS with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.
11. You may not use CCOMMUNICATOR to submit or publish any Materials that are libelous, defamatory, pornographic, an invasion of privacy, used in terrorism or organised crime of any sort, obscene, abusive, illegal, racist, offensive, an infringement on any intellectual property rights of ours or any third party or would otherwise violate the rights of any third party. We do not monitor the contents of CCOMMUNICATOR use and cannot be held responsible for the User Materials. Therefore, we apologize in advance for any offensive or otherwise displeasing User Materials, but deny responsibility for them.
12. You may not (i) select or use CCOMMUNICATOR with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use CCOMMUNICATOR in a manner that CCOMMS, in its sole discretion, deems inappropriate or offensive.
13. You shall notify CCOMMS of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
14. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at CCOMMS's sole discretion, and you may be reported to appropriate law-enforcement agencies.
15. REVISIONS CCOMMS has the right to revise the Terms of Use at any time without providing prior notice to its users, although we will normally endeavour to send you e-mails via your registered e-mail but cannot guarantee to do this. We reserve the right to change, modify, suspend or discontinue any features or amend an licence terms at any time. We may also impose limits on certain features or restrict your use of the CCOMMUNICATOR or parts thereof or monitor such use without notice or liability and will only do so normally where required to do so by law or expedient management of the CCOMMS group of companies. Your continued use of any of the CCOMMS Software shall be deemed irrevocable acceptance of those revisions.
16. Nature of Licence CCOMMS Phone software, including technology, programs, documentation and updates sometimes referred to as (the “Software” or “CCOMMUNICATOR” or other product name) and accompanying documentation that are made available by download from this Site or by other means are the copyrighted work of the CCOMMS Group. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with such Software and is also referenced on this website and may be updated from time to time and continued use of any CCOMMS product accepts the revised terms. Each licence grants you a personal, non-exclusive, non-transferable, non-sub-licensable right to use one copy of the Software for your own personal or business use on a single computer and/or workstation. CCOMMS reserves all rights in the Software not expressly granted herein, including without limitation ownership and proprietary rights
17. You may not reproduce or distribute the Software for any purpose whatsoever except to make a single copy of the software before installation, for backup nor may you allow anyone except the person registered in the Profile to use the software.
18. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Software or its security and attempts to do so, or use of the Software with tampered security (and we have lots of hidden ways to know) will result in permanent disabling of the software and associated accounts.
19. The restrictions contained herein apply equally to any updates that may be provided to you by CCOMMS.
20. The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of CCOMMS or other third parties. You are not permitted to use the Marks without the prior written consent of CCOMMS or such third party, which may own the Marks. Marks include CCOMMS, CCOMMUNICATOR, SEECOMMS, XOOBS, FORTCULLIS, VIRTUAL BODYGUARD, YOUYAC, CCOMMS TELECARE, TTELECARE, TELECCARE, and the relevant logos on this site are trademarks of the CCOMMS Group.The CCOMMS.COM domain name is the property of a third party and provided under licence. All service marks, logos, trade names, trade dress, and trademarks (collectively “Marks”) used by CCOMMS are the exclusive property of CCOMMS or other third parties and nothing in this Agreement shall grant you the license to use such Marks. All intellectual property rights in the Software and Services, including without limitation all computer code, audio, graphics, multimedia, images, sounds, and text incorporated into the Software or Services, are owned exclusively by CCOMMS or other third parties and are protected by national and international copyright, trademark and/or patent laws. Any violation of the terms set forth herein is expressly prohibited by law and may result in severe civil and criminal penalties. Additionally, other marks that appear on CCOMMS's web sites, including CCOMMS.com, may belong to third parties that are or are not affiliated with CCOMMS. The CCOMMS.COM domain name is the property of a third party and provided under licence.
21. In the event that CCOMMS exclusive licence is terminated or restricted, user licences will continue to operate until the end of the current annual period that payment has been made for or in the case on non-subscriber versions for 60 days. An agreement is in place with the provider of the codec licences that, in the event of termination, a new provider will be appointed as soon as possible so that the use of CCOMMUNICATOR® may be continued. You consent to all your data being transferred to the new provider in the event of this happening.
22. Certain software, or portions thereof, included in the Software are subject to the terms and conditions of third party licence agreements and other third party agreements (collectively, "Third Party Agreements") which contain terms that may expand (or restrict) your and/or third parties' rights to use certain portions of the Software (collectively, "Third Party Software"). The Third Party Agreements may permit you and/or third parties to copy, modify, redistribute and have access to the source code of the Third Party Software portions of the Software. Notwithstanding anything in this Agreement, to the extent the terms and conditions of the Third Party Agreement are inconsistent with or contradictory to the terms and conditions of this Agreement, then the terms and conditions of the Third Party Agreements shall prevail and control, only insofar as they apply to any Third Party Software included within the Software.
23. Nothing in this agreement shall permit you or any third party to use any CCOMMS trademark or IPR in connection with exercising the rights granted under the Third Party Agreements except as part of the use of software supplied by us.
24. Notwithstanding any rights or obligations governed by the Terms, if, at any time you provide CCOMMS with User Materials, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to the Site you automatically grant CCOMMS a non-exclusive, royalty-free, perpetual license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record and reproduce the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the User Materials in advertising, promotion and publicity for the Site, CCOMMS and its products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms of Use and that you waive any so-called “moral rights” in and to the User Materials, alternatively if you cannot waive them, you assign them by your submission to us and if you can’t do that, you indemnity us for any breach.
25. Notification of Copyright and Intellectual Property Infringement CCOMMS will investigate notices of copyright and other intellectual property infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes infringement and such infringement is occurring on this Site or on sites linked to from this Site or oe of our products, please notify CCOMMS.
A notification of claimed infringement must be a written (or faxed) communication addressed to the designated agent as set forth below, and must include substantially all of the following: •a physical or electronic signature of the person authorized to act on behalf of the owner of the interest that is alleged to have been infringed; •a description of the protected work or works that you claim have been infringed (“infringed work”) and identification of what material in such work(s) is claimed to be infringing (“infringing work”) and which you request to be removed or access to which is to be disabled; •a description of where the material that you claim is infringing is located on the Site; •information sufficient to permit CCOMMS to contact you, such as your physical address, telephone number, and email address; •a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the owner, its agent, or the law; •a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the rights owner or authorized to act on the rights owner's behalf.
26. Open Source Incorporation:GNU GPL may be incorporated in relation to certain parts of the bundled Open Source software. The CCOMMUNICATOR interfaces with eJabberD which is installed at the same time that the CCOMMUNICATOR is installed. The Sourcecode for the eJabberD is provided with the installation download and is also available at http://www.process-one.net/en/ejabberd and at http://www.ccomms.com/ejabberd. Ejabberd relies on XMPP (eXtensible Messaging and Presence Protocol) a largely-accepted XML protocol standardized by the IETF (The Internet Engineering Task Force) under a protocol evolution handled by the XMPP Standards Foundation (XSF), eJabberD is provided unmodified.
27. Modifications: You may not modify our CCOMMUNICATOR software although you are free to deal with the eJabberD software without any restriction by us and within the terms of the GNU GPL. Our software incorporates a checksum verification system which means that it may not work if you modify it and we are not liable if you make changes to oursoftware and your only recourse will be to download and subscribe a new CCOMMUNICATOR.

28. Exclusion of Liability, Representations, Warranties and Disclaimers Except as expressly provided otherwise in a written agreement between you and CCOMMS and signed personally in manuscript by our CEO, the materials in or purchased through this site or otherwise provided by us (including Software) are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, CCOMMS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.
29. CCOMMS cannot guarantee and does not represent of warrant that any or all of the features will be produced or maintained.
30. CCOMMS AND ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES MAKE NO WARRANTY TO YOU OR ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, COMPLETENESS, OR FITNESS FOR A PARTICULAR USE OR PURPOSE AS TO THE SERVICES OR SOFTWARE PROVIDED TO YOU, OR AS TO ANY OTHER MATTER, ALL SUCH WARRANTIES HEREBY BEING EXPRESSLY EXCLUDED AND DISCLAIMED. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SOFTWARE OR SERVICES.
31. NEITHER CCOMMS NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES WARRANTS THAT THE SOFTWARE OR SERVICES WILL BE FREE FROM ANY VIRUS OR OTHER CODE THAT IS CONTAMINATING OR DESTRUCTIVE BY NATURE OR THAT THE SAME IS SECURE AND DOES NOT GIVES RISE TO SECURITY IMPLICATIONS AND YOU ARE RESPONSIBLE FOR IMPLEMENTING AND MAINTAINING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT AS WELL AS PROTECTION FROM SUCH VIRUSES OR OTHER CODE THAT MAY CONTAMINATE OR DESTROY YOUR SYSTEM OR DATA.
32. NEITHER CCOMMS NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES WARRANTS THAT THE SOFTWARE OR SERVICES ARE ERROR FREE OR WILL OPERATE WITHOUT PACKET LOSS (in fact it almost certainly will lose some packets) OR INTERRUPTION, NOR DOES CCOMMS WARRANT ANY CONNECTION TO OR ANY TRANSMISSION OVER THE INTERNET.
33. CCOMMS MAKES NO EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND ABOUT , INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AS TO THE QUALITY OF THE CALL OR RESULTS OF USE OF CCOMMS SOFTWARE OR DOCUMENTS.
34. You (and not CCOMMS) assume the entire cost of all necessary servicing, repair, or correction. We also cannot guarantee (although we have experts watching out for this) that the CCOMMS software does not have programming defects or other criteria through which hackers can crawl and infect your machine.
35. To the maximum extent permitted at law, You agree to indemnify and hold CCOMMS, its officers, directors, employees, agents, shareholders, licensors, suppliers, and any third party distributors harmless from and against any and all damages, losses, costs including attorney fees and expenses resulting from any violation by you of this Agreement or asserted by any third party due to or arising out of your use of or conduct with respect to the Software or Services.
36. No advice or information, whether written or oral, obtained by you from CCOMMS or from or through the site shall create any warranty not expressly stated in the terms of use.
37. CCOMMS does not warrant that the functions contained in the service provided by the Software will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
38. If any liability is established, then liability is limited to the amount paid to CCOMMS by you in the last 5 years in any event.
39. NO PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, NO JURY TRIALS To the extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall CCOMMS be liable for any jury damages, punitive damages, special or consequential damages that result from the use of, or the inability to use, the materials, the site, or any other web site, even if CCOMMS or a CCOMMS authorized representative has been advised of the possibility of such damages.
40. (CCOMMS does provide additional warranties for additional fees and you may request us to provide these warranties which we may choose to do at our discretion. The current additional warranties fee is not less than $250 per day per user installation for countries outside North America and not less than $1000 per day per user installation for North America. A user installation is defined as each installation of the CCOMMUNICATOR® on a device for use by a CCOMMS user so a single CCOMMUNICATOR® installation (for these purposes) for 6 users will be 6 user installations, 2 installations of CCOMMUNICATOR® where each is single user is 2 user installations and 2 installations of CCOMMUNICATOR® where each is for 2 users is 4 user installations).
41. Any lawsuit or threat of lawsuit against us will result immediately in your removal from the CCOMMS system and permanent deletion of your account and any balance in it. Not only that, you may get to meet our CEO in litigation mode which is a deeply unpleasant experience for most people. (Some say it is the case whatever mode he’s in! but we make no warranty that he will be deeply unpleasant).
42. Viruses & Malware
You are responsible for taking precaution to ensure that whatever you select for your use, whether within CCOMMS's software, its web sites or the sites of third parties, is free of viruses, worms, Trojan horses, and other items of a destructive nature.
43. ENCRYPTION AND EXPORT CONTROLS The export and re-export of CCOMMS Software and other materials are controlled by the export laws and regulations of our home state, as they may be amended from time to time. Products are licenced to us by the Defence Institute of Advanced Cryptology or other parties. If you are in non-Wassenaar countries, your CCOMMUNICATOR will be provided without or with lesser grade encryption at our discretion however you have the option of downloading encryption sequencing from the Institute as part of your installation of the CCOMMUNICATOR. Accordingly, you certify that you are aware of and will comply with all applicable export rules and regulations, including the responsibility to obtain a license for the export or re-export of the Software and other materials to any destination requiring such a license.
In certain cases, we are not permitted to provide encryption or particular levels of encryption to countries and we may provide you with CCOMMUNICATOR or other CCOMMS products without encryption in such cases. We are not responsible for any supply of add-on encryption products by the DIEC or other party with which we have affiliations.
In addition, neither the Software nor Services may be exported or re-exported to countries listed on our site as having prohibitions on the export of relevant goods, technology, or services or to nationals of those countries, wherever located or Specially Designated Nationals or Persons. By downloading the Software, you are certifying that you are not a person listed there or a national of one of the prohibitively listed countries.

44. Term of Use and termination The license for use of the Software and the Materials is effective until terminated. CCOMMS reserves the right to terminate this Agreement and your use of the Software and Services at any time and for any reason or no reason at all.
45. You may terminate this Agreement at any time simply be ceasing to use the Software and Services but there are no refunds except where mandated by statutory rules. An administration fee for processing refunds of up to $50 per account may be levied.
46. You may terminate it at any time by destroying the Materials together with all copies thereof. This license will terminate upon conditions set forth elsewhere within this Terms of Use or automatically if you fail to comply with any term or condition of this Terms of Use. We may also terminate the licence on notice to the e-mail registered to you in your registration details and sending to that address is deemed effective even if no mailserver exists at destination. In any event, no notice shall be required by CCOMMS to effect termination. Upon termination of this Terms of Use, you agree to destroy the Materials together with all backup copies, modifications, printed or written materials, and merged portions in any form, or return same to CCOMMS at your expense. (Materials includes Software and Documentation provided by or via CCOMMS).
47. The provisions contained herein shall survive termination of this Agreement.
48. We may terminate your account and software for abuse of these terms without notice or compensation.
49. GENERAL CLAUSES Limitation of Exclusions: Nothing in the above agreements limits liability for death or personal injury caused by a party’s negligence or for fraudulent misrepresentation where this is prohibited or deemed unfair by law.
50. Survival: If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect.
51. Waiver: Any CCOMMS failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
52. Assignment: CCOMMS may assign its rights and duties under this Agreement to any party at any time without notice to you. Your licence is not assignable or transferrable in any way and you may not assign it or any other rights hereunder.
53. Agreement Modifications: CCOMMS may modify this Agreement at any time without providing notice to you. Such modification will be made by posting a revised agreement on its web site and such modification shall be deemed effective immediately upon posting of the modified Agreement. Your continued access or use of the Software or Services shall be deemed your acceptance of the modified Agreement. You agree to check our web site periodically to review such modifications.
54. Governing Law: This Agreement and all related matters shall be governed by and construed in accordance with the laws of the England, Great Britain and that the sole jurisdiction is Guernsey in the British Channel islands, without giving effect to any principles of conflicts of law and you waive all other rights of jurisdiction and law by accessing the site.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT AND THAT, BY USING THE SOFTWARE, WEB SITE OR ANY OTHER CCOMMS SERVICES, YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.