User's Guide

END USER LICENSE AGREEMENT
BY TURNING ON THE CALL CONTROL HOME DEVICE (THE “DEVICE”), YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS
END USER LICENSE AGREEMENT (THIS “AGREEMENT”). YOU MUST ACCEPT THIS AGREEMENT PRIOR TO TURNING ON OR USING THE DEVICE. DO NOT
TURN ON OR USE THE DEVICE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THIS AGREEMENT.
1. License. Subject to the terms of this Agreement, Call Control LLC. (“Call Control”) grants you a personal non-transferable, nonexclusive, limited license to use the Device and the
software contained therein (“Software”) in accordance with any documentation that accompanies it (“Documentation”) and provided that the Software is only used in connection
with the Device. The Software covered under this Agreement shall also include any and all updates, upgrades, bug xes, or any similar changes, that may be made available from time
to time.
2. Restrictions. You agree not to, directly or indirectly: (a) modify, translate, copy or create derivative works based on any element of the Device or the Software, (b) reverse assemble,
reverse compile, reverse engineer, decompile or otherwise attempt to discover the object code, source code, non-public APIs or underlying ideas or algorithms of the Software in
whole or in part, except as and only to the extent this restriction is prohibited by law, (c) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially
exploit or make the Software available to any third party, (d) remove or obscure any proprietary or other notice contained in or on the Device, or (e) use the Software separately from
the Device. You acknowledge and agree that (i) Call Control retains all right, title and interest (including, without limitation, all patent, copyright, trade secret and other intellectual
property rights) in and to the Software, the Documentation, any and all related and underlying technology and any derivative works or modications of any of the foregoing and the
Device, (ii) there are no implied licenses under this Agreement and any rights not expressly set forth in this Agreement are hereby expressly reserved by Call Control, and (iii) the
Software is licensed, not sold.
3. Termination. You may terminate this Agreement and the license granted herein at any time by ceasing all use of the Device. Call Control may terminate this Agreement and the license
granted herein immediately if you breach any provision of this Agreement. Upon receiving notice of termination from Call Control, you agree to cease using the Device. Sections 2-6
shall survive termination of this Agreement.
4. No Warranty. YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED BY CALL CONTROL IN AN “AS IS” CONDITION AS TO PERFORMANCE, ACCURACY, OR
COMPLETENESS. CALL CONTROL DISCLAIMS ALL WARRANTIES OF DESIGN, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND
ALL OTHER WARRANTIES, CONDITIONS OR TERMS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ON THE SOFTWARE OR THE DEVICE FURNISHED HEREUNDER.
5. Limitation of Liability. IN NO EVENT SHALL CALL CONTROL, ITS SUPPLIERS OR ITS LICENSORS BE LIABLE WITH RESPECT TO ANY CAUSE RELATED TO OR ARISING OUT OF
THIS AGREEMENT, WHETHER IN AN ACTION BASED ON A CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, HOWEVER
ARISING, FOR DAMAGES BASED ON LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA OR BREACHES IN SYSTEM
SECURITY OR ANY OTHER TYPE OF INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT CALL CONTROL’S LIABILITY FOR DAMAGES OF
ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO $100. THESE LIMITATIONS SHALL APPLY EVEN IF CALL CONTROL HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
6. RESTRICTED RIGHTS LEGEND. As dened in FAR section 2.101, DFAR section 252.227-7014(a)(1) and DFAR section 252.227-7014(a)(5) or otherwise, the Software and
accompanying Documentation provided in connection with this Agreement are “commercial items,” “commercial computer software” and/or “commercial computer software
documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modication, reproduction, release, performance, display, disclosure or distribution
thereof by or for the government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this
Agreement. The foregoing does not apply if you are located outside North America and Latin America.
7. General Terms. You acknowledge that the Device, Software, and Documentation provided by Call Control are subject to U.S. export control laws and may be subject to export or
import regulations in other countries. You agree to comply strictly with these laws and regulations and acknowledge that you have the responsibility to obtain any licenses to export,
re-export, or import as may be required after delivery to you. You represent and warrant that you are not a person or entity appearing on the lists published by the U.S. Department
of Commerce, the U.S. Department of State, the U.S. Department of Treasury or any other list that may be published by the U.S. Government, as amended from time to time, that is
prohibited from acquiring ownership or control of items under this Agreement, or with which Call Control is prohibited from doing business. This Agreement shall be governed by and
construed in accordance with the internal laws of the State of California without giving effect to any choice or conict of law provision or rule (whether of the State of California or
any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of California. Any legal claim, suit, action or proceeding arising out of
this Agreement or the matters contemplated hereunder or the breach thereof shall likewise be governed by the internal laws of the State of California without giving effect to any
choice or conict of law provision or rule and shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, and each party irrevocably
submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue or forum non conveniens. Notices to be
given or submitted by either party to other pursuant to this Agreement shall be in writing and shall be deemed to have been given (a) when delivered by hand (with written
conrmation of receipt), or (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested) or by certied or registered mail, return receipt
requested, postage prepaid. The parties acknowledge that they are acting as independent contractors who are solely responsible for their own actions or inactions and that no joint
venture, franchise, partnership, agency, or other relationship shall be created or implied by this Agreement. You may not assign or otherwise transfer any of your rights, or delegate or
otherwise transfer any of your obligations or performance, under this Agreement, in each case whether voluntarily, involuntarily, by operation of law or otherwise. Any purported
assignment, delegation or transfer in violation of this provision is void. Call Control may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all
or any of its obligations or performance, under this Agreement without your consent. If any court of competent jurisdiction adjudges any provision of this Agreement to be to be illegal,
unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and
enforceable, but shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. You acknowledge
and agree that there can be no adequate remedy at law for any material breach of this Agreement, which breach will result in irreparable harm to Call Control, and therefore, upon any
such breach or any threat thereof, Call Control is entitled to temporary, preliminary and permanent injunctive relief against you (and, if applicable, your ofcers or employees) without
the requirement of posting a bond or proving actual damages, in addition to whatever remedies Call Control might have at law. This Agreement constitutes the sole and entire
agreement between the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and
warranties, both written and oral, with respect to such subject matter. This Agreement may only be amended, modied or supplemented by an agreement in writing and signed by each
party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the waiving party.