These terms and conditions are intended to explain Tecom Group, Inc. (hereinafter “TECOM”) obligations to you as a service and solution provider, as well as your obligations, as our customer. These terms are not intended to answer every question, or address every issue raised by the use of TECOM service or product. TECOM reserves the right to change any of these terms and conditions at any time, effective upon the posting of modified terms. TECOM will always ensure that every effort is made to communicate these changes to you, be it via email or notification on the website. By registering to use the HandiFox service or product, you acknowledge that you have read, understand, and agree to these terms and conditions and that you have the authority to agree to and act on behalf of any person or entity for whom you are using the service or product.
The TECOM HandiFox™ Handheld Business System, is hereafter “HandiFox™” or “Software System”. End User Licensee shall have accepted this License and all of its terms and conditions, upon loading, installing, or using, the HandiFox™ or any of its parts or components, in any computer device or system, whether or not provided by TECOM.
i. HandiFox Desktop (Product)
TECOM grants to Licensee, a fully paid up right license, under all of the terms and conditions of the End User License, to the Software System, and the Desktop Software, for its respective intended use, in the internal, and ordinary course of business of Licensee. Authorized copies of the HandiFox™, as set forth in the Introduction, above (hereinafter “Authorized Copy”), are provided with this End User License Agreement.
ii. HandiFox Online (Service or Software-as-a-Service)
Subject to the terms and conditions of this Agreement, TECOM hereby grants to Licensee the non-exclusive and non-transferable right during the applicable Subscription Term to access the Licensed Software System via the Services and to use such Services solely for its internal business purposes and for the purposes set forth in this Agreement. All right, title and interest to the Services, the Licensed Software and the Documentation and copies thereof remains exclusively with TECOM. The Software System is licensed on a monthly or annual subscription basis. HandiFox™ will be deemed accepted by you upon acceptance of this Agreement for trial versions (if applicable) of the Software and upon acceptance of this Agreement and payment of the subscription fee for paid versions of the Software. Access to the Software will begin (i) for trial versions after your acceptance of this Agreement and after TECOM receives and processes all the information, requested in the registration process; and (ii) for paid versions after your acceptance of this Agreement and after TECOM receives and processes all the information requested by the registration process. You must have a valid credit card or debit card with sufficient funds to cover an electronic debit of the subscription fee to obtain access to the Software System. The payment information you provide must be accurate and complete, and you agree to notify us promptly of any change in the payment information. When you subscribe and provide payment information, your Card or bank account will be debited, and will be automatically re-debited at the beginning of each applicable monthly subscription term (Renewal Term) at the then-current subscription rate to maintain access to HandiFox™.
Any corrections, updates and/or other software provided to Licensee by TECOM shall be deemed Licensed Software or Services under this Agreement.
Maintenance: Licensee’s rights shall include: (i) in case of Service – unlimited maintenance with access to different support options corresponding to the chosen subscription plan; (ii) in case of Product - 60 days of free maintenance restricted to correction of errors only and which shall not include any new versions of the Authorized Copy, with new, enhanced, or improved, functionality. However, TECOM, at its discretion, may provide a new version, under a free, or paid up, maintenance agreement, without enlarging its limited obligation for error correction only.
Trial period of the Software System: A Licensee may obtain and use the Software System for free: (i) in case of Service – for fourteen (14) days after installation; (ii) in case of Product - for thirty (30) days after installation ("Trial Period"). During the Trial Period, TECOM grants Licensee a limited, non-exclusive, non-transferable, non-renewable license to copy and use the Software System for evaluation purposes only and not for any commercial use. The evaluation copy of the HandiFox™ contains a feature that will automatically disable the Software System at the end of Trial Period. The evaluation copy of the Software System shall be uninstalled or removed from any Licensee’s computer device or system at the end of the evaluation period.
Termination: This License is conditioned upon payment of all amounts due and accrued to TECOM, for the use or maintenance of the Software System, or for any computer systems or device, related to the use of the Software Systems. Licensee acknowledges and agrees TECOM immediately may terminate this End User License Agreement, upon Licensee’s failure or omission of any payment due and accrued, or failure to perform any term or condition of this agreement.
The TECOM obligation for maintenance may be terminated by TECOM without cause upon thirty (30) day notice.
This License, may be terminated, as set forth below, by Licensee, without cause, upon thirty (30) days written notice, except for rights and obligations continuing hereunder or which are continuing rights under law or equity.
Upon termination for any reason, all rights and obligations of this License shall continue in full force and effect, with the exception of the “License Grant.” Licensee shall immediately return to TECOM the Software System and all computer systems and devices owned by TECOM and provided to End User Licensee, with a statement made by a party authorized by Licensee that all copies and modifications, of the Software System and all computer systems and devices, have been returned to TECOM contemporaneously with the authorized statement.
Warranties, Representations, and Limited Remedy: Licensee acknowledges all rights, titles, and interests, in the Software System, are owned by, and shall exclusively vest in TECOM or its licensors.
TECOM warrants the Software System will operate according to its intended purpose, as described in TECOM’s published specification, current when the Authorized Copy is delivered or installed and will be free of defects, or that defects shall be corrected, upon notice to TECOM, for a limited period of ninety (90) days from the date of this License, or of delivery or installation, whichever is earlier.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY TECOM. TECOM MAKES, AND LICENSEE RECEIVES, NO WARRANTY, EXPRESS OR IMPLIED, AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TECOM SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT FOR CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE STATED EXPRESS WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF TECOM FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE TECOM HANDIFOX™.
Licensee agrees that TECOM’s liability arising out of contract, negligence, and strict liability in tort or warranty shall not exceed any amounts payable by Licensee for the Software System.
Confidentiality: End User Licensee shall keep the Software System, and all of the concepts, ideas, principles, works of authorship, and inventions, therein, confidential; provided, however, this obligation shall not extend to any information, in the form provided to End User Licensee, which then is known to Licensee, or is now or hereafter in the public domain through no fault of the End User Licensee, or is generally known or available from third parties, without restriction.
Licensee acknowledges it shall not reverse engineer all or any part of the Software System, including, without limitation, disassembly, analysis, testing, or measurement of its structure or operations, for any purpose whatsoever.
Choice of Law and Personal Jurisdiction: The law to be applied to any claim or dispute, to be decided in any state or federal forum or in arbitration, shall be the law of the State of Florida. This is a mandatory and not a permissive choice of law provision.
All judicial proceedings of any kind related to any terms or conditions of this agreement, shall be in a court in Brevard County Florida, if a state action, or if a federal action, in the Orlando Division of the Middle District of Florida This is a mandatory and not a permissive, personal jurisdiction provision.
Notices: All notices to be provided hereunder shall be considered to have been provided if addressed to Tecom Group at 100 S. Harbor City Boulevard, 2nd floor, Melbourne, Florida 32901, by prepaid U.S. first class mail.
Waiver: No act by any of the parties shall serve as a waiver of any rights, except where the waiver is expressly made in writing over an authorized signature.
Merger: This agreement is, and is intended to be, the final written expression of the party’s agreement and merges within it all prior and contemporaneous written and oral agreements, explaining, modifying, altering, or nullifying this agreement or any part.
This Agreement shall be in full force and effect as to all of its terms and conditions, immediately upon any act of End User Licensee, demonstrating acceptance of the Software System, including, but not limited to, receiving delivery, installing, or using, the Software System.
Last Edited on 2016-July-05