Talk2M License Agreement
If the law of your country prohibits you from downloading or using our software because you are under the age limit or because our products are not allowed in your country, please do not use it.
Subject to the terms of this Agreement, eWON hereby grants you a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the Talk2M service and eCatcher software on your computer, for the sole purpose of personally using the Internet communication applications provided by Talk2M and any other applications that may be explicitly provided by eWON. The eCatcher software is the software distributed by eWON for device remote access by Internet.
No EMERGENCY & CRITICAL Industrial System
The Talk2M service is not intended to support and connect emergency & critical industrial device. Additional arrangements must be made to access that system. It is your responsibility to purchase, separately from the Talk2M service, traditional service that offers access to it.
You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Talk2M service and eCatcher software or any part thereof.
The Talk2M service and eCatcher software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Talk2M service and eCatcher Software falls under the scope of this Agreement.
Any and all IP rights to or arising from the Talk2M service and eCatcher Software are and shall remain the exclusive property of eWON and/or its licensors. Nothing in this Agreement intends to transfer any such IP rights to, or to vest any such 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 eWON's IP rights. Any unauthorized use of eWON's IP rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws.
If you are interested in doing anything else than permitted under this Agreement or by one of the above agreements, you will have to obtain eWON's prior written consent and explicitly agree upon any further terms.
Installing the Talk2M service and eCatcher Software enables you to communicate with your eWON industrial router. eWON cannot guarantee that you will always be able to communicate with your eWON industrial router, nor can eWON guarantee that you can communicate without disruptions, delays or communication-related flaws. eWON will not be liable for any such disruptions, delays or other omissions in any communication.
eWON, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades to the Talk2M service and eCatcher Software. eWON, in its sole discretion, may modify or discontinue or suspend your ability to use any version of the Talk2M service and eCatcher Software. eWON will not accept any liability in relation to the direct or indirect damages caused by the release and/or the absence of release of new versions of the Talk2M service and eCatcher Software.
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 Talk2M service and eCatcher Software in your country, including applicable rules that govern the export or import of software. You will use the Talk2M service and eCatcher Software solely for lawful purposes
You agree on demand to indemnify, defend and hold eWON, affiliates, eWON distributors and eWON staff harmless from and against any and all liability and costs, including reasonable attorneys' fees incurred by such parties, in connection with or arising out of your
- (a) violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein, or
- (b) violation of any rights of any third party, or
- (c) use or misuse of the Talk2M service and eCatcher Software.
Term, Termination, Updates
This Agreement will be effective s of the date you first install the Talk2M service and eCatcher software and will remain effective until terminated by either eWON or you as set forth below.
You may terminate this Agreement with immediate effect at any time. Without limiting other remedies, eWON may limit, suspend, or terminate this license and your use of the eCatcher Software, prohibit access to the Talk2M service and delete your user account and/or user ID, with immediate effect, if we think that you are in breach of this Agreement, creating problems, legal liabilities (actual or potential), acting inconsistently with the letter or spirit of our policies, infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. eWON shall effect such termination by providing notice to you to the email address you have provided (if any), and/or by preventing your access to your account. We reserve the right to cancel user accounts that have been inactive for more than one (1) year.
Upon termination of this Agreement,
- (a) all licenses and rights to use the Talk2M service shall immediately terminate, and
- (b) you will immediately cease any and all use of the Talk2M service.
eWON will not be liable in respect of any damage caused by the termination of this Agreement.
eWON reserves the right to modify this Agreement at any time by publishing the revised Agreement on the Talk2M Website. The revised Agreement shall become effective within thirty (30) days of such publication or provision to you, unless you expressly accept the revised Agreement earlier by clicking on the accept button. Your express acceptance or your continued use of the Talk2M service after expiry of the notice period of thirty (30) days, shall constitute your acceptance to be bound by the terms and conditions of the revised Agreement. You can find the latest version of this Agreement on Talk2M website.
Disclaimer of Warranties and Limitation of Liability
No warranties. THE TALK2M SERVICE AND ECATCHER SOFTWARE IS PROVIDED AS IS WITH ALL FAULT AND WITH NO WARRANTIES WHATSOEVER; EWON DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE TALK2M SERVICE AND ECATCHER SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. EWON FURTHER DOES NOT REPRESENT OR WARRANT THAT THE TALK2M SERVICE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS.
The Talk2M service and eCatcher Software do not provide connections to emergency & critical device. Neither eWON nor its officers or employees or distributors may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to the use of the Talk2M service and eCatcher software for emergency or critical device.
The Free+ service of Talk2M and eCatcher Software is being provided to you free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT EWON, ITS AFFILIATES, ITS DISTRIBUTORS AND THE EWON STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE FREE+ SERVICE OF TALK2M AND ECATCHER SOFTWARE, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE FREE+ SERVICE OF TALK2M AND ECATCHER SOFTWARE IS TO IMMEDIATELY UNINSTALL AND CEASE USE OF THE FREE+ SERVICE OF TALK2M.
IN NO EVENT SHALL EWON, ITS AFFILIATES, ITS DISTRIBUTORS OR THE EWON 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 OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE TALK2M SERVICE AND ECATCHER SOFTWARE, EVEN IF EWON, ITS AFFILIATES, ITS DISTRIBUTORS OR THE EWON STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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. In such event the liability will be limited as far as legally possible under the applicable legislation.
The terms and conditions of this Agreement constitute the entire agreement between you and eWON with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.
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.
If eWON does not take action against all breaches of these Agreement, it does not mean that is waives its right at a later time to enforce the same. You are not allowed to assign this Agreement or any rights hereunder. eWON is allowed at its sole discretion to assign this Agreement or any rights hereunder to any third party, without giving prior notice.
This Agreement shall be governed by and construed in accordance with the laws of Belgium without giving effect to any conflict of laws or provisions whether contained in Belgium law or the laws of your current state or country of residence. Any legal proceedings arising out of or relating to this Agreement will be subject to the jurisdiction of the courts of the district of Nivelles.
The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall prevail.
eWON , Nivelles, Belgium, January 31, 2011