Emergency Calls

The CYF software is not intended to support or carry emergency incoming calls to any type of hospital, law enforcement agency, medical care unit or any other kind of emergency services. Additional arrangements must be made to use it for emergency services. It is your responsibility to purchase, separately from CYF Software, traditional wireless or landline telephone service attend this type of emergency services.

This Agreement

This agreement, and any new versions, between CYF and you, covers all your use of CYF Software from any terminals where CYF Software has been installed, by you or by third parties, and by using CYF Software you accept the following.

Jurisdiction’s Restrictions

If the law of your country prohibits you from downloading or using our software because you’re under the age limit or because our products are not allowed in your country, please don’t use it.

License and Restrictions

License. Subject to the terms of this Agreement, CYF hereby grants you a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the CYF Software on your computer, for the sole purpose of personally using the internet communication applications provided by CYF and any other applications that may be explicitly provided by CYF. For the avoidance of doubt, you are allowed to use CYF Software at home, in accordance with the terms of this Agreement. The CYF Software is the software distributed by CYF for internet communication applications, including without limitation the documentation (online or offline), as well as any future programming fixes, updates and upgrades thereof.

No Modifications. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the CYF Software or any part thereof.

Third Parties. The CYF 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 CYF Software falls under the scope of this Agreement.

Exclusive Ownership. Any and all IP rights to or arising from the CYF Software are and shall remain the exclusive property of CYF 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 CYF’s IP rights. Any unauthorized use of CYF’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. All title and IP rights in and to any third party content that is not contained in the CYF Software, but may be accessed through use of the CYF Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.

Additional Terms

The following policies are incorporated into this Agreement and provide additional terms and conditions:

The CYF Etiquette provides guidelines to treat properly and respectfully the other members of CYF’s community.

Distribution of CYF Software. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the CYF Software or any part thereof. For the right to distribute you will have to agree to and meet with the Distribution Terms.

CYF Promotional Materials. Nothing in this Agreement will give you any right to use the CYF Promotional Materials.

Your Confidential Information and Your Privacy. CYF is committed to respecting your privacy and the confidentiality of your personal data. The Privacy Policy sets out how CYF may use of your personal data, the traffic data as well as the content contained in your communication(s).

The following agreements are related to additional services provided by CYF’s affiliates and partners:

The use of cyf.com website is subject to the Terms of Use.

Any other exceptions. 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 CYF’s prior written consent and explicitly agree upon any further (commercial) terms.

What you should and should not expect from CYF

No Warranties. Installing CYF Software enables you to receive webcalls and webchats from other CYF WebPhone users. CYF cannot guarantee that other CYF WebPhone users will always be able to communicate with you, nor can CYF guarantee that you can communicate without disruptions, delays or communication-related flaws or that all your communications shall always be delivered to other CYF WebPhone users. CYF will not be liable for any such disruptions, delays or other omissions in any communication experienced when using CYF Software.

Content of Communications. You acknowledge and understand that the content of the communication spread by the use of the CYF Software or CYF WebPhone is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable. CYF will not be liable for any type of communication spread by means of the CYF Software or CYF WebPhone.

Utilization of Your Computer. CYF Software may utilize the processor and bandwidth of the computer (or other applicable device) you are utilizing, for the limited purpose of facilitating the communication between CYF Software users. CYF Software will use its commercially reasonable efforts to protect the privacy and integrity of the computer resources (or other applicable device) you are utilizing and of your communication, however CYF cannot give any warranties in this respect.

New Versions of the CYF Software. CYF, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the CYF Software or CYF WebPhone. CYF, in its sole discretion, may modify or discontinue or suspend your ability to use any version of the CYF Software or CYF WebPhone, and/or disable any CYF Software you may already have accessed or installed without any notice to you, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, CYF 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 CYF Software.

What we expect from you

Lawful purposes. 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 CYF Software in your country, including applicable rules that govern the export or import of software. You will use the CYF Software solely for lawful purposes. In this respect you may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the CYF Software or the communication, (c) send any unsolicited commercial communication not permitted by applicable law, (d) expose any other user to material which is offensive, harmful to minors, indecent or otherwise objectionable or (e) endanger any part of any system or Internet connection of CYF or any third party.

Indemnification. You agree on demand to indemnify, defend and hold CYF, affiliates and CYF 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 CYF Software, or (d) communication spread by means of the Skype Software.

Term, Termination, Updates

Term. This Agreement will be effective as of the date you first install CYF software and will remain effective until terminated by either CYF or you as set forth below.

Termination You may terminate this Agreement with immediate effect at any time. Without limiting other remedies, CYF may limit, suspend, or terminate this license and your use of CYF Software, prohibit access to CYF Website 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. CYF 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 CYF Software shall immediately terminate, and (b) you will immediately cease any and all use of the CYF Software, and (c) you will immediately remove the CYF Software from all hard drives, networks and other storage media and destroy all copies of the CYF Software in your possession or under your control.

CYF will not be liable in respect of any damage caused by the termination of this Agreement.

Update. CYF reserves the right to modify this Agreement at any time by publishing the revised Agreement on the CYF 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 CYF Software 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.

Disclaimer of Warranties and Limitation of Liability

No warranties. THE CYF SOFTWARE IS PROVIDED “AS IS” WITH ALL FAULT AND WITH NO WARRANTIES WHATSOEVER; CYF DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE CYF SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. CYF FURTHER DOES NOT REPRESENT OR WARRANT THAT THE CYF SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES CYF WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE CYF SOFTWARE.

Specific Disclaimer of Liability for Emergency Services. CYF does not provide connections to emergency services in conjunction with the CYF Software. Neither CYF nor its officers or employees 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 CYF WebPhone to contact emergency services’ personnel.

Your own Risk. You acknowledge and agree that the entire risk arising out of the use or performance of the CYF Software remains with you, to the maximum extent permitted by law.

No Liability. The CYF Software is being provided to you free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT CYF, ITS AFFILIATES, ITS LICENSORS AND THE CYF STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE CYF SOFTWARE, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE CYF SOFTWARE IS TO IMMEDIATELY UNINSTALL AND CEASE USE OF SUCH CYF SOFTWARE.

Limitation of Liability. IN NO EVENT SHALL CYF, ITS PARTNERS, ITS AFFILIATES, ITS LICENSORS OR THE CYF 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 CYF SOFTWARE, EVEN IF CYF, ITS AFFILIATES OR THE CYF STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Jurisdiction Limitations. 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.

Miscellaneous

Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between you and CYF with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.

Partial Invalidity. 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.

No waiver. If CYF 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.

Assignment You are not allowed to assign this Agreement or any rights hereunder. CYF is allowed at its sole discretion to assign this Agreement or any rights hereunder to any third party, without giving prior notice.

Language. 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.

Last updated February 15, 2008
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