COM3 Systems User License Agreement

IMPORTANT:Please carefully read this End User License Agreement ("Agreement") before using this software or any future update to this software. By using this software or any future update to this software, you are agreeing to be bound to terms of this Agreement. Any future update to this software may include minor or major updates, and your continued use of the updated software will constitute your acceptance of the updated Agreement. If you do not agree to any term of this Agreement, please do not use this software or any future update to this software.

1.1 Definitions

The "Software" means the program and documentation accompanying this software, provided by COM3 Systems Engineering LTDA ("COM3"), including but not limited to: i) source codes, executable codes, interfaces; ii) relevant explanatory materials or files; iii) software updates and patches; and iv) any data stored within or generated by the software and database.

The "use" or "using" of this Software means to access, download, install, copy or otherwise interact with or utilize the functionality of this Software.

The "Right to use" means except where agreed in writing with COM3, you are granted a non-exclusive, revocable, non-transferable, non-sublicense and limited right to access and use the COM3 Software in accordance with the terms and conditions of this Agreement. (hereinafter referred to as "Right to use").

1.2 Intellectual Property Rights

COM3 retains the copyright, property rights and other intellectual property rights of this Software. The Software is protected by intellectual property laws, including but not limited to copyright laws, and other applicable laws. "COM3", and COM3’s company name in Portuguese are the trademarks or registered trademarks of COM3 in Brazil and other countries or regions. COM3 retains the ownership of its trademarks and product names. COM3 reserves all rights not expressly granted to you.

The Software may use third-party software or technology (including but not limited to the third-party SDKs or plugins, open source code and public domain code that may be used for the Software). COM3 will provide a list of third-party components, including SDKs, plugins, open source code, and public domain code, used in the Software. This list will be accessible via COM3’s official website. The copyright, property rights and other intellectual property rights of any third-party’s software or technology used in the Software belong to the original developer. Use of this software shall be deemed as acceptance of the policy and terms of use of the relevant third-party.

1.3 Software License

Before using this software, you must obtain the license for this software from COM3 or a third party authorized by COM3 by paying the licensing fee or any other fees. This Software shall only be used in conjunction with COM3 products or services and in the method that is expressly authorized by COM3 in written. Any use of the Software not for COM3 products or services, or beyond authorized method or scope is strictly prohibited. If you breach any material term of this Agreement, your right and license to use this Software under this Agreement will be automatically terminated without further notice. COM3 reserves all rights to the damages arising from the unauthorized use.

1.4 Restrictions on Use

No modification: You shall not and you agree not to, or to enable others to, modify, translate or adapt this Software except to the extent you may be expressly permitted.

Do not use in non-design purposes: You shall not and you agree not to, or to enable others to, install or use this Software for any non-design purposes.

No reverse-engineering: You shall not and you agree not to, or to enable others to, reverse-engineer or de-compile the source codes of this Software, or discover the source code of this Software in other approaches.

No distribution or transfer: You shall not and you agree not to, or to enable others to, sell, transfer, rent, lease, lend, sublicense or distribute the entirety or part of the COM3 Software to any third party without prior written permission from COM3.

1.5 Governing Law

This Agreement shall be governed by and constructed in accordance with laws of the Federative Republic of Brazil. Any dispute or claim arising under or relating to this Agreement shall be brought exclusively in the Arbitration and Mediation Center of the Federation of Industries of the State of São Paulo (FIESP) or other competent court in São Paulo, Brazil, in accordance with the rules then in effect. In case of infringement of COM3’s intellectual property rights, COM3 can take appropriate legal actions and seek appropriate legal remedies in any competent court without limitation against the infringing party.

1.6 Limitation of Liability

THIS SOFTWARE IS PROVIDED "AS IS", COM3 DOES NOT WARRANT THE SOFTWARE CAN OR CAN NOT FULLY MEET YOUR REQUIREMENTS. USER MANUAL, HELP FILES, INTRODUCTORY MANUAL AND SOFTWARE DOCUMENTATION ARE FOR YOUR REFERENCE ONLY AND SHALL NOT BE CONSTRUED AS ANY COMMITMENTS MADE BY COM3.

To the maximum extent permitted by applicable law, COM3 and its Affiliates shall be held harmless and compensated from any and all damages, arising out of use of or incapability of using the Software, including but not limited to profit loss, business interruption, confidentiality disclosure, data/code damage, program error, consequential, punitive, or exemplary damages and intellectual property right infringement arising by a third party, even though COM3 has been granted of such possible damages in advance.

The foregoing limitations and exclusions apply to the extent permitted by applicable laws in your jurisdiction. Some jurisdictions do not allow the limitation of liability. In such case, claims shall not be waived in accordance with consumer protection laws or other applicable laws.

NOTWITHSTANDING ANY OTHER PROVISION, COM3’S MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED (a) THE FEES RECEIVED BY COM3 FOR THAT SOFTWARE; (b) THE FEES RECEIVED BY COM3 FOR THE RELEVANT COM3 SOFTWARE DURING THE TWELVE (12) MONTHS PERIOD PRIOR TO THE DATE THE LIABILITY FIRST AROSE.

1.7 Amendment

If any provision of this Agreement is held invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remaining of the terms of this Agreement. This Agreement may not be amended or supplemented without prior authorization of COM3.

1.8 Termination

This Agreement is effective until terminated. Your rights hereunder will terminate automatically without notice from COM3 if you fail to comply with any term of this Agreement. Upon termination of this Agreement, you shall immediately cease all use of the Software and destroy all copies, full or partial, of this Software.

1.9 Miscellaneous

This Agreement shall not prejudice the legal rights of any party dealing as a consumer. As a legal agreement between you and COM3, this Agreement shall supersede any and all prior representations, discussions, commitments, communications or publicity with regard to this Software.

If you may have any questions regarding this Agreement or may encounter any problem, please contact us by sending an email to support@com3telecom.com.br.

1.10 Privacy and Data Collection

The Software may collect and process personal data including but not limited to audio recordings, images, and other personal data as necessary to provide its functionalities in accordance with COM3's Privacy Policy. By using the Software, you consent to the collection, use, and storage of your data as described in the Privacy Policy. COM3 will not share your personal data with third parties except as necessary to provide the Software or as required by law.

1.11 Export Control

You ensure that your use, export, and re-export of COM3 Software shall comply with all applicable international or national export controls, sanctions, anti-sanction regulations, orders, and other relevant measures.

1.12 Entire Agreement

This Agreement incorporates the documents and policies by reference (including reference to information contained in a URL or referenced policy), and is the entire agreement between You and COM3 regarding your use of the COM3 Software. This Agreement supersedes all prior or contemporaneous representations, communications, understandings and agreements between You and us, whether in written or oral, regarding COM3 Software. You may also be subject to additional terms and conditions that may apply when you use or purchase third-party content, or other COM3 services.