Terms and Conditions

Tecom Group Inc.

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.

Introduction

HandiFox™ is a project of Tecom Group, Inc.

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.

License Conditions

License Grant:

1. 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.

2. HandiFox Online (Service or Software-as-a-Service)

Subject to the terms and conditions of this Agreement, TECOM herebygrants to Licensee the non-exclusive and non-transferable right during theapplicable Subscription Term to access the Licensed Software System via theServices and to use such Services solely for its internal business purposes andfor the purposes set forth in this Agreement. All right, title and interest tothe Services, the Licensed Software and the Documentation and copies thereofremains exclusively with TECOM. The Software System is licensed on a monthly orannual subscription basis. HandiFox will be deemed accepted by you uponacceptance of this Agreement for trial versions (if applicable) of the Softwareand upon acceptance of this Agreement and payment of the subscription fee forpaid versions of the Software. Access to the Software will begin (1) for trialversions after your acceptance of this Agreement and after TECOM receives andprocesses all the information, requested in the registration process; and (2)for paid versions after your acceptance of this Agreement and after TECOMreceives and processes all the information requested by the registrationprocess. You must have a valid credit card or debit card with sufficient fundsto cover an electronic debit of the subscription fee to obtain access to theSoftware System. The payment information you provide must be accurate andcomplete, and you agree to notify us promptly of any change in the paymentinformation. When you subscribe and provide payment information, your Card orbank account will be debited, and will be automatically re-debited at thebeginning of each applicable monthly subscription term (Renewal Term) at thethen-current subscription rate to maintain access to HandiFox.

Anycorrections, updates and/or other software provided to Licensee by TECOM shallbe deemed Licensed Software or Services under this Agreement.

Maintenance:

Licensee’s rights shall include: (1) in case of Service – unlimitedmaintenance with access to different support options corresponding to thechosen subscription plan; (2) in case of Product - 60 days of free maintenancerestricted to correction of errors only and which shall not include any newversions of the Authorized Copy, with new, enhanced, or improved,functionality. However, TECOM, at its discretion, may provide a newversion, under a free, or paid up, maintenance agreement, without enlarging itslimited obligation for error correction only.

Trial period of the Software System

A Licensee may obtain and use the Software System for free: (1) in caseof Service – for fourteen (14) days after installation; (2) in case of Product- for thirty (30) days after installation ("Trial Period"). Duringthe Trial Period, TECOM grants Licensee a limited, non-exclusive, non-transferable,non-renewable license to copy and use the Software System for evaluationpurposes only and not for any commercial use. The evaluation copy of theHandiFox contains a feature that will automatically disable the Software Systemat the end of Trial Period. The evaluation copy of the Software System shall beuninstalled or removed from any Licensee’s computer device or system at the endof the evaluation period.

Termination:

This License is conditioned upon payment of all amounts due and accrued to TECOM, forthe use or maintenance of the Software System, or for any computer systems ordevice, related to the use of the Software Systems.  Licensee acknowledgesand agrees TECOM immediately may terminate this End User License Agreement,upon Licensee’s failure or omission of any payment due and accrued, or failureto perform any term or condition of this agreement.TheTECOM obligation for maintenance may be terminated by TECOM without cause uponthirty (30) day notice.

ThisLicense, may be terminated, as set forth below, by Licensee, without cause,upon thirty (30) days written notice, except for rights and obligationscontinuing hereunder or which are continuing rights under law or equity.

Upontermination for any reason, all rights and obligations of this License shallcontinue in full force and effect, with the exception of the “License Grant.”Licensee shall immediately return to TECOM the Software System and all computersystems and devices owned by TECOM and provided to End User Licensee, with astatement made by a party authorized by Licensee that all copies andmodifications, 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, areowned by, and shall exclusively vest in TECOM or its licensors.TECOMwarrants the Software System will operate according to its intended purpose, asdescribed in TECOM’s published specification, current when the Authorized Copyis delivered or installed and will be free of defects, or that defects shall becorrected, upon notice to TECOM, for a limited period of ninety (90) days fromthe date of this License, or of delivery or installation, whichever is earlier.

Licensee agrees that TECOM’s liability arising out of contract, negligence, and strictliability in tort or warranty shall not exceed any amounts payable by Licenseefor 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.

Full Force and Effect

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