Privacy

Important: Please read this end user license agreement carefully. It is very important that you check that you are purchasing JetByte software or equipment from an approved source and that you, or the entity you represent (collectively, the "customer") have been registered as the end user for the purposes of this JetByte end user license agreement. Assuming you have purchased from an approved source, downloading, installing or using JetByte or JetByte-supplied software constitutes acceptance of this agreement.
JetByte Dialer. or its purchaser or affiliate licensing the software ("JetByte dialer") is willing to license this software to you only upon the condition that you purchased the software from an approved source and that you accept all of the terms contained in this end user license agreement plus any additional limitations on the license set forth in a supplemental license agreement accompanying the product or available at the time of your order (collectively, the "agreement"). To the extent of any conflict between the terms of this end user license agreement and any supplemental license agreement, the supplemental license agreement shall apply. By downloading, installing or using the software, you are representing that you purchased the software from an approved source and binding yourself to the agreement. If you do not agree to all of the terms of the agreement, then JetByte is unwilling to license the software to you and therefore JetByte will not be liable in manner whatsoever, with respect to the use of the JetByte dialer by you. For the purposes of this end user license agreement, an "approved source" means (a) JetByte; or (b) a distributor or systems integrator authorized by JetByte to distribute/sell JetByte equipment, software and services within your territory to end users; or (c) a reseller authorized by any such distributor or systems integrator in accordance with the terms of the distributor's agreement with JetByte to distribute/sell the JetByte equipment software and services within your territory to end users. After entering into this agreement, the customers covenant and assure to abide by the laws of their respective countries in using the dialer and there shall be no responsibility of JetByte in any case of violation of the same.

The following terms of the agreement govern customer's use of the software (defined below), except to the extent: (a) there is a separate signed contract between customer and JetByte governing customer's use of the software, or (b) the software includes a separate license agreement or third party license agreement as part of the installation or download process governing customer's use of the software. To the extent of a conflict between the provisions of the foregoing documents, the order of precedence shall be (1) the signed contract, and (2) the agreement. For purposes of the agreement,

"software" shall mean computer programs, including firmware and computer programs embedded in JetByte equipment, as provided to customer by an approved source, and any upgrades, updates, bug fixes or modified versions thereto (collectively, "upgrades"), any of the same which has been relicensed under the JetByte software transfer and re-licensing policy (as may be amended by JetByte from time to time) or backup copies of any of the foregoing License. Conditioned upon compliance with the terms and conditions of the agreement, JetByte grants to customer a nonexclusive and nontransferable license to use for customer's internal business purposes the software and the documentation for which customer has paid the required license fees to an approved source.

"Documentation" means written information (whether contained in user or technical manuals, training materials, specifications or otherwise) pertaining to the software and made available by an approved source with the software in any manner (including on cd-rom, or on-line).

Customer's license to use the software shall be limited to, and customer shall not use the software in excess of, a single hardware chassis or card or such other limitations as are set forth in the applicable supplemental license agreement or in the applicable purchase order which has been accepted by an approved source and for which customer has paid to an approved source the required license fee (the "purchase order").

Unless otherwise expressly provided in the documentation or any applicable supplemental license agreement, customer shall use the software solely as embedded in, for execution on, or (where the applicable documentation permits installation on non-JetByte equipment) for communication with JetByte equipment owned or leased by customer and used for customer's internal business purposes. No other licenses are granted by implication, estoppels or otherwise.

General limitations:
This is a license, not a transfer of title, to the software and documentation, and JetByte retains ownership of all copies of the software and documentation. JetByte does not deal with the customers directly, neither is JetByte responsible for any liability or claim or action or violation arising out of use of the dialer by the customer nor JetByte is responsible for any loss or damage or any liability arising out of the use of the dialer by the customer on any of its devices such as Tablets, mobile phones, computers, laptops etc. JetByte shall also not be responsible for any illegal acts committed by the customer by using the dialer and hence JetByte shall not entertain any such claim or complaint in such regard. JetByte shall not be providing any product manual to the customers and JetByte shall provide only update and information packages to keep the dialer up to date. JetByte is free to use the database of the end users/ customers and by entering into this agreement the customers accord their respective consent for the same.
Customer acknowledges that the software and documentation contain trade secrets of JetByte, its suppliers or licensors, including but not limited to the specific internal design and structure of individual programs and associated interface information. except as otherwise expressly provided under the agreement, customer shall only use the software in connection with the use of JetByte equipment purchased by the customer from an approved source and customer shall have no right, and customer specifically agrees not to:

1. Transfer, assign or sublicense its license rights to any other person or entity (other than in compliance with any JetByte relicensing/transfer policy then in force), or use the software on JetByte equipment not purchased by the customer from an approved source or on second-hand JetByte equipment, and customer acknowledges that any attempted transfer, assignment, sublicense or use shall be void;

2. Make error corrections to or otherwise modify or adapt the software or create derivative works based upon the software, or permit third parties to do the same;

3. Reverse engineer or decompile, decrypt, disassemble or otherwise reduce the software to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction or except to the extent that JetByte is legally required to permit such specific activity pursuant to any applicable open source license;

4. Publish any results of benchmark tests run on the software;

5. use or permit the software to be used to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the express written authorization of JetByte; or disclose, provide, or otherwise make available trade secrets contained within the software and documentation in any form to any third party without the prior written consent of JetByte. Customer shall implement reasonable security measures to protect such trade secrets to the extent required by law, and at customer's written request, JetByte shall provide customer with the interface information needed to achieve interoperability between the software and another independently created program, on payment of JetByte's applicable fee, if any. Customer shall observe strict obligations of confidentiality with respect to such information and shall use such information in compliance with any applicable

terms and conditions upon which JetByte makes such information available.

6. Software, upgrades and additional copies. Notwithstanding any other provision of the agreement: (1) customer has no license or right to make or use any additional copies or upgrades unless customer, at the time of making or acquiring such copy or upgrade, already holds a valid license to the original software and has paid the applicable fee to an approved source for the upgrade or additional copies; (2) use of upgrades is limited to JetByte equipment supplied by an approved source for which customer is the original end user purchaser or lessee or otherwise holds a valid license to use the software which is being upgraded; and (3) the making and use of additional copies is limited to necessary backup purposes only.

7.Speed and working:
The call quality and other results of the dialer are dependent upon speed of internet of the customer and hence JetByte shall not entertain any type of the claims or complaints regarding the call quality or such other difficulties.

8. Proprietary Notices:
Customer agrees to maintain and reproduces all copyright, proprietary and other notices on all copies, in any form, of the software in the same form and manner that such copyright and other proprietary notices are included on the software. Except as expressly authorized in the agreement, customer shall not make any copies or duplicates of any software without the prior written permission of JetByte.

9. Term and Termination:
The agreement and the license granted herein shall remain effective until terminated. Customer may terminate the agreement and the license at any time by destroying all copies of software and any documentation. Customer's rights under the agreement will terminate immediately without notice from JetByte if customer fails to comply with any provision of the agreement. Upon termination, customer shall destroy all copies of software and documentation in its possession or control.

10. Customer Records:
Customer grants to JetByte and its independent accountants the right to examine customer's books, records and accounts during customer's normal business hours to verify compliance with this agreement. in the event such audit discloses non-compliance with this agreement, customer shall promptly pay to JetByte the appropriate license fees, plus the reasonable cost of conducting the audit.

Export, re-export, transfer & use controls. The software, documentation and technology or direct products thereof (hereafter referred to as software and technology), supplied by JetByte under the agreement are subject to export controls under the laws and regulations of the India. Customer shall comply with such laws and regulations governing export, re-export, transfer and use of JetByte software and technology and will obtain all required Indian and local authorizations, permits, or licenses. JetByte and customer each agree to provide the other information, support documents, and assistance as may reasonably be required by the other in connection with securing authorizations or licenses.

11. Restrictions:
The customer agrees that dialer will not be (a) altered, except by JetByte or its authorized representative, (b) installed, operated, repaired, or maintained except in accordance with instructions supplied by JetByte, (c) subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; or (d) further licensed for beta, evaluation, testing or demonstration purposes. The software warranty does not apply to (e) any temporary software modules; (f) any software not posted on JetByte's software center; (g) any software that JetByte expressly provides on an "as is" basis on JetByte's software center; (h) any software for which an approved source does not receive a license fee; and (i) software supplied by any third party which is not an approved source.

Disclaimer of liabilities – Limitation of liability:
JetByte holds no responsibility for the use of the JetByte Dialer for any purposes or any illegal acts and hence JetByte holds no responsibility against acts done by the users or purchasers of JetByte dialer. The customers may use credit card gateways integrated to service provider's website or on dialer, however, JetByte shall also not be responsible for any claims in regard to the same.