CAPTIONCALL END USER LICENSE AGREEMENT--TERMS, CONDITIONS & ACCEPTABLE USE POLICIES IMPORTANT - PLEASE CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. BY USING THE CAPTIONCALL SERVICE THROUGH THE CAPTIONCALL PHONE OR THROUGH THE CAPTIONCALL MOBILE APPLICATION, YOU CERTIFY THAT YOU HAVE HEARING LOSS THAT NECESSITATES THE USE OF CAPTIONED TELEPHONE SERVICE. YOU FURTHER CERTIFY THAT YOU HAVE COMPLETED THE REGISTRATION AND SELF- CERTIFICATION REQUIREMENTS DESCRIBED IN THIS LICENSE AGREEMENT. Imprtant The CaptinCall service is available nly t individuals wh have a medically recgnized hearing disability necessitating their use f the service. CaptinCall is a service supprted thrugh the federal Interstate Telecmmunicatins Relay Service Fund. The service emplys a cmmunicatins assistant ( CA ) wh cnverts the ther party s spken wrds int captined text. All CaptinCall calls must include a hearing-impaired persn wh needs captins t fully utilize the telephne. If a nn-hardf-hearing persn uses Yur CaptinCall Phne r if the user des nt need captins t fully utilize the telephne, captining must be turned ff. (See User Guide fr directins.) A nn-hard-f-hearing persn may nt use the CaptinCall Mbile Applicatin. Only users wh have cmpleted the Registratin Frm and Self- Certificatin Frm may use Yur CaptinCall Phne r the CaptinCall Mbile Applicatin. Failure t prvide crrect infrmatin when Yu register fr CaptinCall r use the CaptinCall service can lead t terminatin f Yur service and pssible prsecutin. BY OPENING THIS PACKAGE AND USING THE CAPTIONCALL PHONE, OR BY DOWNLOADING THE CAPTIONCALL MOBILE APPLICATION, YOU ARE CONSENTING TO BECOME A PARTY TO AND BE BOUND BY THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS LICENSE AGREEMENT, IMMEDIATELY CALL THE CAPTIONCALL CUSTOMER SUPPORT DEPARTMENT TO RETURN THE PHONE WHICH HAS BEEN PROVIDED TO YOU, ALONG WITH ALL PACKAGE CONTENTS, PRIOR TO ANY USE OR FURTHER UNPACKAGING, OR UNINSTALL THE DOWNLOADED CAPTIONCALL MOBILE APPLICATION. therewith, including, but nt limited t, as applicable, telecmmunicatin relay services ( TRS ) (including captined telephne services, IP-captined telephne services, and/r vice carry ver ( VCO ) services), the transcriptin f the audi int captins and the transmissin f the captins t Yu, and intercnnected vice ver Internet prtcl service. Befre using the CaptinCall Phne, the CaptinCall Mbile Applicatin, r the Services, Yu must cmplete the Registratin Frm, n which Yu prvide Yur full name, date f birth, last fur digits f Yur scial security number, address, and telephne number. Befre using the CaptinCall Phne, the CaptinCall Mbile Applicatin, r the Services, Yu must als cmplete the Self- Certificatin Frm, where Yu certify that (i) Yu have a hearing lss that necessitates the use f captined telephne service; (ii) Yu understand that captining is prvided by a live CA wh listens t the ther party n the line and prvides the text displayed n Yur phne; (iii) Yu understand that the cst f captining is funded thrugh a federal prgram; and (iv) Yu will nt permit persns wh have nt cmpleted the Registratin Frm and Self- Certificatin Frm t make calls with captins turned n. 2. TITLE. We remain the wner f all right, title and interest in the CaptinCall Phne, Firmware and Dcumentatin, and in the CaptinCall Mbile Applicatin, subject t all terms and cnditins cntained herein. 3. SELF-CERTIFICATION AND COMPLIANCE WITH FCC REGULATIONS. The use f the CaptinCall Phne, CaptinCall Mbile Applicatin, and Services is strictly gverned by the FCC, including, but nt limited t, the rules and regulatins cntained in 47 C.F.R. 64.601-64.606. Our Services, including TRS, VCO, and captining services, are prvided at n cst t Yu as lng as Yu have a medically recgnized hearing disability r impairment. Yu certify that Yu have hearing lss that necessitates the use f captined telephne service. Yu further certify that Yu have cmpleted the Registratin Frm and the Self- Certificatin Frm. Our prviding f these Services t Yu at n cst is cntingent upn Yur status as hearing impaired as just described. Shuld Yur status change fr any reasn, Yu agree t immediately infrm Us and discntinue Yur use f the CaptinCall Phne, CaptinCall Mbile Applicatin, and Services. Additinally, We reserve the right t terminate r restrict Yur accunt access fr breach f any terms cntained in this End User License Agreement. 4. LICENSE AND PERMITTED USES. We hereby grant Yu a limited nnexclusive license t use ne cpy f the Firmware n a single CaptinCall Phne r t use ne cpy f the CaptinCall Mbile Applicatin n a single mbile device r tablet. This license des nt allw Yu t use the Firmware n mre than ne (1) CaptinCall Phne, tablet, r ther mbile device, use the Firmware n any ther brand f phne r captining device, r cpy the Firmware t any ther device, cmputer r ther means f electrnic data strage, including, but nt limited t, a flash drive, a hard disk, and/r CD- ROM. This license likewise des nt allw Yu t cpy the CaptinCall Mbile Applicatin t any ther device, cmputer r ther means f electrnic strage, including, but nt limited t, a flash drive, a hard disk, and/r CD-ROM. Yur right t this license and access t the Services is cntingent upn Yu creating and maintaining a CaptinCall user accunt ( User Accunt ), which accunt must be created thrugh Our web site: www.captincall.cm. 1. DEFINITIONS. The CaptinCall Phne is a CaptinCall-branded telephne and includes all physical cmpnents f which the phne is cnstructed and all physical mdificatins, if any. The CaptinCall Phne includes accmpanying firmware ( Firmware ) and all related explanatry written materials ( Dcumentatin ). The Firmware includes all surce cde, bject cde, interfaces, cntent, fnts, upgrades, mdified versins, firmware updates, additins, and any data that came with the CaptinCall Phne r is prvided in assciatin with this License Agreement, r is later released as a firmware update. The CaptinCall Mbile Applicatin r the Sftware includes all surce cde, bject cde, interfaces, fnts, upgrades, mdified versins, sftware updates, additins, and any data that came with the CaptinCall Mbile Applicatin r is prvided in assciatin with this License We will prvide Yu with any Firmware r Sftware updates, as may be Agreement, r is later released as sftware update, and all accmpanying released frm time t time, fr free. Yu are granted a limited nn-exclusive Dcumentatin. Yu r Yur means the persn wh is being licensed t license t autmatically receive these updates t the CaptinCall Phne r use the CaptinCall Phne, Firmware and Dcumentatin and/r the CaptinCall Mbile Applicatin, as applicable, licensed t Yu, subject t the CaptinCall Mbile Applicatin, and uses the Services. We, Our and Us restrictins cntained herein. Yu are nt permitted t update r restre means CaptinCall, LLC. License Fees means the amunt, if any, that Yu Firmware n any ther CaptinCall Phne r t make Firmware available r agree t pay t license the CaptinCall Phne r CaptinCall Mbile accessible t any third party. These updates and releases may nt prvide Applicatin fr use in accrdance with the terms f this License Agreement. all f the ptins and features available n later released CaptinCall Phne Services means all the CaptinCall Phne and CaptinCall Mbile mdels. Applicatin captining services and all services rendered in assciatin Revisin 8.0 09/01/16 1
Yu acknwledge that state law in sme jurisdictins may require yu t infrm all parties n a call that a cmmunicatins assistant is n the call. In such jurisdictins it is yur legal respnsibility t infrm ther parties n the call f a cmmunicatins assistant s presence. The CaptinCall Phne and CaptinCall Mbile Applicatin may enable Yu t activate a feature that allws Yu t save captining frm a cnversatin. The saved captining is stred n the CaptinCall Phne r n the mbile device r tablet running the CaptinCall Mbile Applicatin. The resulting recrding is accessible t Yu, but it is nt accessible t Us. Yu acknwledge that state law in many jurisdictins requires cnsent frm all parties t a cmmunicatin befre the cmmunicatin may be recrded lawfully. Yu acknwledge further these laws may apply if any party t a cmmunicatin is lcated in such a state, even if Yu are nt. Yu agree that Yu bear respnsibility fr using the saving feature in cmpliance with all applicable laws, including state cnsent laws. Yu agree that the limitatins n liability set frth in Sectin 9 belw apply with respect t Yur use f the saving feature. Yu agree t use the CaptinCall Phne and/r the CaptinCall Mbile Applicatin in cmpliance with all applicable laws, including: (a) Federal Cmmunicatins Cmmissin ( FCC ) regulatins; (b) the laws f the state, cuntry, r regin where Yu (i) reside, (ii) lawfully btained the CaptinCall Phne r CaptinCall Mbile Applicatin, (iii) dwnlad updates, and/r (iv) use the CaptinCall Phne r the CaptinCall Mbile Applicatin. This specifically includes ensuring that captining is turned ff whenever the CaptinCall Phne is used by a nn-hearing impaired persn, any ther persn wh des nt need captining, r any persn wh has nt cmpleted a CaptinCall Registratin Frm and a CaptinCall Self-Certificatin Frm. Yu further agree nt t engage r participate in cmmunicatins r cnduct f an abusive, prngraphic, lewd, bscene, harassing, fraudulent, r unlawful nature while using the CaptinCall Phne r the CaptinCall Mbile Applicatin. Yu further agree t use the CaptinCall Phne and the CaptinCall Mbile Applicatin exclusively t engage in cmmunicatin with ne r mre individuals, in a manner that is functinally equivalent t the ability f a hearing individual wh des nt have a speech disability t cmmunicate using vice cmmunicatin services by wire r radi. Yu agree nt t use the CaptinCall Phne r CaptinCall Mbile Applicatin fr any ther purpse. In the event that We believe that Yu are nt using the Services t engage in cmmunicatin with ne r mre individuals, in a manner that is functinally equivalent t the ability f a hearing individual wh des nt have a speech disability t cmmunicate using vice cmmunicatin services by wire r radi, We may immediately cease captining. Withut limiting the freging, Yu may nt use the intercnnected Vice ver Internet Prtcl ( VIP ) service available with the CaptinCall Mbile Applicatin t place r receive phne calls withut using Our captining Service. Such use wuld be in vilatin f this Agreement and gives Us the right t terminate Yur license t use the CaptinCall Mbile Applicatin withut ntice and withut liability. 5. LICENSE RESTRICTIONS. The CaptinCall Phne, Firmware and Dcumentatin and the CaptinCall Mbile Applicatin are prtected by United States patent laws, cpyright laws, trade secret laws and internatinal treaties. Yu may nt: reverse engineer, disassemble, r decnstruct the CaptinCall Phne; cnstruct a phne, calling device r captin-receiving device that makes use f Our prprietary, trade secret and/r patented CaptinCall Phne systems and ther inventins that are patented and/r nvel t the CaptinCall Phne; sell, sublicense, rent, lease r lend any prtin f the CaptinCall Phne r CaptinCall Mbile Applicatin; cpy the Dcumentatin; cpy the Firmware r the Sftware, including t make archival r backup cpies; mdify r adapt the Firmware r Sftware r merge it int anther prgram; reverse engineer, disassemble, decmpile r make any attempt t discver the surce cde f the Firmware r Sftware; place the Firmware r Sftware nt a server s that it is accessible via a public netwrk such as the Internet; r sublicense, rent, lease r lend any prtin f the Firmware r Dcumentatin. 6. VOIP FOR MOBILE APPLICATION. CaptinCall has partnered with a prvider f intercnnected Vice ver Internet Prtcl t prvide residential VIP service at n cst t Yu thrugh use f the CaptinCall Mbile Applicatin. THIS SECTION APPLIES ONLY TO USERS WHO DOWNLOAD AND/OR USE THE CAPTIONCALL MOBILE APPLICATION. THIS SECTION IS IN ADDITION TO, AND DOES NOT DISPLACE, ANY AND ALL OTHER PROVISIONS IN THIS LICENSE AGREEMENT. a) CAPTIONCALL VOIP ONLY FOR USE WITH CAPTIONCALL SERVICES. YOU MAY ACCESS CAPTIONCALL VOIP ONLY WHEN USING CAPTIONCALL SERVICES IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. YOU MAY NOT ATTEMPT TO USE CAPTIONCALL VOIP FOR ANY OTHER PURPOSE. IN THE EVENT THAT WE BELIEVE THAT YOU ARE USING CAPTIONCALL VOIP IN AN UNAUTHORIZED MANNER, WE MAY IMMEDIATELY CEASE PROVIDING VOIP SERVICE AND CAPTIONING, WITHOUT NOTICE AND WITHOUT LIABILITY. b) Prting. When Yu sign up t use CaptinCall s Mbile Applicatin, Yu will receive an assciated 10-digit number. Under the FCC rules Yu will be able t transfer (r prt ) the CaptinCall 10-digit number assigned t Yu t a prvider ther than CaptinCall. If Yu already have a 10-digit number frm a prvider ther than CaptinCall, but wuld like t use that number with the CaptinCall Mbile Applicatin, Yu may prt Yur number t CaptinCall. T d s, please cntact CaptinCall by calling 1-877-557-2227 r by sending an email t supprt@captincall.cm. c) USF Charges. We may be required t make cntributins t the Universal Service Fund. We reserve the right t recver Our USF cntributins directly frm Our custmers by billing them this charge. Yu agree t pay any reasnable assessment f charges made by Us t recver Our Universal Service Fund csts. d) E911 Emergency Calls. Registered Lcatin. If Yu need t place an emergency call, Yu can dial the emergency 911 number thrugh the CaptinCall Mbile Applicatin. T ensure Yur 911 call is ruted t the prper emergency respnse center and t ensure that the emergency respnse persnnel can send help t Yur physical lcatin, CaptinCall needs t btain the address frm which Yu are placing the emergency call. Yu are respnsible fr prviding CaptinCall an up-t-date Registered Lcatin. If Yu fail t d s, We may nt be able t btain Yur lcatin infrmatin and rute Yur call t the apprpriate emergency center r prvide Yur physical lcatin. If Yu change Yur Registered Lcatin (e.g., mve Yur residence r take Yur mbile device r tablet t anther lcatin) Yu must update CaptinCall with Yur new lcatin infrmatin. After Yu update CaptinCall with Yur Registered Lcatin, it will take sme time (hurs r mre if there are issues reading r entering the address infrmatin prvided) t activate 911 service at the prvided address and, if a 911 emergency call is made prir t activatin, then Yur call and the Registered Lcatin infrmatin may nt be autmatically ruted t the apprpriate emergency persnnel. Yu can infrm CaptinCall f Yur initial r new Registered Lcatin by calling 1-877-557-2227. Revisin 8.0 09/01/16 2
Limitatins and Risks in Using VIP t Place 911 Calls. CaptinCall recmmends that Yu maintain an alternative means f making an emergency call t 911 (fr example, thrugh a traditinal text telephne r, if a TTY is nt available, a standard telephne) in the event that Yu are unable t use the CaptinCall Mbile Applicatin fr any reasn. Dialing 911 frm a TTY r traditinal phne remains the mst reliable and fastest methd f reaching emergency respnse persnnel. If Yu use CaptinCall s Mbile Applicatin t place a 911 call, Yu shuld be aware that any such use is subject t the fllwing imprtant limitatins and risks. 911 Available Only in the U.S. 911/E911 is available nly fr calls placed frm a lcatin within the United States r ne f its territries r pssessins. Technical Truble r Errrs. It is pssible that, as a result f technical truble r human errrs, Yur lcatin and any telephne number assciated with CaptinCall Mbile Applicatin may nt be autmatically passed t the emergency service center r persnnel when Yu use it t place a 911 emergency call. Technical truble and human errrs may include: a Sftware r mbile device r tablet malfunctin; a bradband netwrk utage r pwer utage, r degradatin f Internet service as a result f cngestin, interruptins, r technical prblems that may affect Yur ability t access the Internet; cancellatin, suspensin, r terminatin f Yur bradband r ISP service r wireless service fr any reasn (including fr failure t pay); r terminatin, suspensin, restrictin, r cancellatin f Yur use f the CaptinCall Mbile Applicatin and Services under this License Agreement. In each case CaptinCall may nt be able t btain Yur lcatin r ther relevant infrmatin and/r prvide that infrmatin t the apprpriate emergency persnnel. LIMITATION AND WAIVER OF LIABILITY FOR 911 CALLS IN THE EVENT THAT YOU USE THE CAPTIONCALL MOBILE APPLICATION TO MAKE OR ATTEMPT TO MAKE A 911 CALL, CAPTIONCALL IS NOT LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS ARISING FROM YOUR USE OF THE CAPTIONCALL MOBILE APPLICATION TO MAKE OR ATTEMPT TO MAKE THAT CALL. SPECIFICALLY, CAPTIONCALL IS NOT LIABLE IN TORT, CONTRACT, OR OTHERWISE FOR ANY DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER HARM ARISING OUT OF OR RELATED TO USE OF THE CAPTIONCALL MOBILE APPLICATION TO MAKE OR ATTEMPT TO MAKE A 911 CALL, INCLUDING BUT NOT LIMITED TO ANY ACT OR OMISSION INVOLVING (1) THE DEVELOPMENT, DESIGN, INSTALLATION, OPERATION, MAINTENANCE, PERFORMANCE, OR PROVISION OF THE SOFTWARE OR THE VOIP SERVICE OR ANY EQUIPMENT OR FACILITY THAT PERMITS YOU TO USE THE SOFTWARE AND THE VOIP SERVICE, OR ANY CAPTIONING SERVICES PROVIDED IN CONNECTION WITH A 911 CALL OR THE PROVISION OF EMERGENCY SERVICES; (2) MISINTERPRETATION, MISTAKES, INTERRUPTIONS, DELAYS, TRANSMISSION ERRORS, NETWORK OUTAGES, FAILURES, DEFECTS, TECHNICAL DIFFICULTIES, ACTS OF GOD, OR OTHER OCCURRENCES, REGARDLESS OF THE SOURCE OF THE OCCURRENCE, THAT MAY ARISE IN THE COURSE OF TRANSMITTING OR HANDLING 911 CALLS OR PROVIDING EMERGENCY SERVICES; OR (3) RELEASE TO A PUBLIC SAFETY ANSWERING POINT, DESIGNATED STATEWIDE DEFAULT ANSWERING POINT, APPROPRIATE LOCAL EMERGENCY AUTHORITY, EMERGENCY MEDICAL SERVICE PROVIDER OR EMERGENCY DISPATCH PROVIDER, PUBLIC SAFETY, FIRE SERVICE OR LAW ENFORCEMENT OFFICIAL, OR HOSPITAL EMERGENCY OR TRAUMA CARE FACILITY OF USER INFORMATION RELATED TO 911 CALLS OR THE PROVISION OF EMERGENCY SERVICES. IN ADDITION, CAPTIONCALL IS NOT LIABLE FOR ANY DAMAGES ARISING FROM YOUR FAILURE TO PROVIDE CAPTIONCALL AN ACCURATE, UP-TO-DATE REGISTERED LOCATION. THIS LIMITATION AND WAIVER OF LIABILITY IS EFFECTIVE EVEN IN THE EVENT OF CAPTIONCALL S NEGLIGENCE. CaptinCall, in its rle as an emergency cmmunicatins service prvider, shall have immunity r ther prtectin frm liability in a State f a scpe and extent that is nt less than the scpe and extent f immunity r ther prtectin frm liability accrded any lcal exchange carrier under Federal and applicable State law (whether thrugh statute, judicial decisin, tariffs filed by such lcal exchange carrier, r therwise). e) Applicatin Updates. The CaptinCall Mbile Applicatin may be updated thrugh the custmary prcesses f the applicatin stre frm which Yu btained the CaptinCall Mbile Applicatin. Alternatively, the CaptinCall Mbile Applicatin may cmmunicate with CaptinCall s servers t check fr available updates t the Sftware. Yu agree nt t interfere with the CaptinCall Mbile Applicatin s ability t autmatically request and receive updates frm CaptinCall s servers. f) Prviding Infrmatin t Authrities and Third Parties. If We believe that Yu have used the CaptinCall Mbile Applicatin r related Services fr an unlawful purpse, We may frward the relevant cmmunicatin and ther infrmatin, including Yur identity, t the apprpriate authrities fr investigatin and prsecutin. Yu cnsent t Our frwarding f any such cmmunicatins and infrmatin t these authrities. In additin, Yu hereby agree that We may disclse Yur name, telephne number, credit card infrmatin, and ther persnal infrmatin, any cmmunicatins sent r received by Yu, and any ther infrmatin that We may have abut Yur accunt, including but nt limited t, types f service, length f service, IP address, email address, registered 911 address, and all ther accunt infrmatin, as fllws: In respnse t law enfrcement r ther gvernmental agency requests; As required by law, regulatin, rule, subpena, search warrant, r curt rder; As necessary t identify, cntact, r bring legal actin against smene wh may be misusing the Sftware r Services; T prtect CaptinCall s rights and prperty; r In emergency situatins where disclsure f such infrmatin is necessary t prtect CaptinCall custmers r third parties frm imminent harm. Ntwithstanding the freging, We will nt share any infrmatin abut Yu except as permitted under applicable law, including laws gverning custmer prprietary netwrk infrmatin, t the extent such laws are applicable. 7. NO ASSIGNMENTS. Yu may nt rent, lease, lend, sell, redistribute, transfer, r sublicense the CaptinCall Phne, the CaptinCall Mbile Applicatin, r the Services. 8. SATISFACTION GUARANTY AND WARRANTY. If fr any reasn Yu are nt cmpletely satisfied with the CaptinCall Phne r the CaptinCall Mbile Applicatin licensed hereunder, Yu may request a refund f Yur License Fees (if any) by ntifying Us in writing within ninety (90) days frm the date f activatin f Yur accunt, which ntice must prvide the fllwing: (a) Yur name and cntact infrmatin; (b) Activatin Date f Yur accunt; and (c) the reasn fr the request fr a refund. This request must be accmpanied by return f the CaptinCall Phne tgether with the Firmware r by a certificatin that Yu have uninstalled the CaptinCall Mbile Applicatin, as applicable. Upn refund f Yur payment, Yu acknwledge and agree that this License Agreement will be deemed t have autmatically terminated. Thereafter, any further use f any f the CaptinCall Phne, Firmware, Dcumentatin, r CaptinCall Mbile Revisin 8.0 09/01/16 3
Applicatin will be unauthrized and will cnstitute a material breach f this License Agreement and an infringement f Our intellectual prperty rights. THE LIMITED WARRANTY AND REMEDIES SET FORTH HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, REMEDIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, OR STATUTORY AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS REGARDLESS OF WHETHER WE KNOW OR HAD REASON TO KNOW OF YOUR PARTICULAR NEEDS. N emplyee, agent, dealer r distributr is authrized t mdify this limited warranty, r t make any additinal warranties. IF WE CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT ALLOWED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THAT OF THE NINETY (90) DAY EXPRESS WARRANTY AND SHALL BE SUBJECT ONLY TO THE LIMITED REMEDIES PROVIDED FOR HEREIN. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. Our warranty bligatins fr the CaptinCall Phne are limited t the terms set frth belw: We warrant that fr a perid f ninety (90) days ( Warranty Perid ) after delivery f the CaptinCall Phne t Yu, and under nrmal use by the riginal end-user purchaser: the CaptinCall Phne n which this cpy f the Firmware is distributed will be free frm defects in materials and wrkmanship under nrmal use; and the Firmware will perfrm in substantial accrdance with the Dcumentatin. This limited warranty applies nly t the CaptinCall Phne and nt t any third-party prducts, even if the prduct is sld with r packaged with CaptinCall branded prducts. In s far as permitted by law, the CaptinCall Phne is prvided as is. We d nt warrant that the peratin f the CaptinCall Phne r the CaptinCall Mbile Applicatin r the availability f the Service (including the VIP Service) will be interruptin r errr-free. SPECIFICALLY, THE CAPTIONCALL PHONE AND SERVICE WILL NOT WORK DURING A POWER OUTAGE BECAUSE THEY ARE DEPENDENT UPON THE INTERNET. IT IS RECOMMENDED THAT YOU MAINTAIN A LANDLINE FOR EMERGENCY CALLS. We d nt warrant the accuracy, speed r reliability f the Service, including the VIP Service. We are nt respnsible fr any damages that may result frm inaccurate, mistaken, interrupted r delayed transcriptin, captining and/r ther Services and Yu agree t release Us frm any claims that may arise frm such errrs and/r delays. WE CANNOT ASSURE YOU THAT, IF YOU PLACE A 911 CALL USING THE CAPTIONCALL PHONE OR THE CAPTIONCALL MOBILE APPLICATION, A CONNECTION WILL BE ESTABLISHED; ANY CONNECTION ESTABLISHED WILL BE WITH THE PROPER EMERGENCY SERVICE PROVIDER; YOUR CORRECT ADDRESS WILL BE ELECTRONICALLY AVAILABLE TO THE EMERGENCY SERVICE PROVIDER; OR THAT CAPTIONING SERVICES WILL NOT SLOW THE RESPONSE TIME OR THE RELAY OF EMERGENCY INFORMATION. THIS 911 DISCLAIMER IN FULL IS FOUND AT http://www.srensn.cm/misc/disclaimer.php, AND IS INCORPORATED HEREIN BY THIS REFERENCE. 9. LIMITED REMEDIES. In lieu f btaining a refund under the Satisfactin Guaranty described in Sectin 8, if a prduct defect arises and a valid claim is received within a ninety-day perid frm the activatin f Yur accunt, Our entire liability and Yur exclusive remedy with respect t the CaptinCall Phne shall be: the repair r replacement f any nn-cnfrming CaptinCall Phne nt meeting Our Limited Warranty which is returned t Our custmer service department within the Warranty Perid with a cpy f Yur receipt; and We may replace any nn-cnfrming CaptinCall Phne with a replacement CaptinCall Phne r Firmware similar in functinality r user capabilities, the selectin f which replacement CaptinCall Phne t issue will be at Our discretin and based upn Our available CaptinCall Phne replacement inventry; r if We are unable t repair r deliver a replacement CaptinCall Phne that is free f defects in materials r wrkmanship, Yu may terminate this License Agreement by returning the CaptinCall Phne, Firmware and Dcumentatin, upn which the License Fees, if any, will be refunded. The replacement CaptinCall Phne r replacement part(s) are subject t the remaining warranty term fr the riginal CaptinCall Phne r ninety (90) days, whichever is lnger. The riginal CaptinCall Phne, as well as any replacement CaptinCall Phne r parts, will remain Our prperty. When a refund is given, the CaptinCall Phne fr which the refund is given must be returned t Us. Any repairs attempted r made t the CaptinCall Phne by smene ther than Us may vid all applicable CaptinCall Phne warranties. In lieu f btaining a refund under the Satisfactin Guaranty described in Sectin 8, if a prduct defect arises and a valid claim is received within a ninety-day perid frm the activatin f Yur accunt, Our entire liability and Yur exclusive remedy with respect t the CaptinCall Mbile Applicatin, shall be the replacement r mdificatin f any such nn-cnfrming Sftware nt meeting Our Limited Warranty; prvided, hwever, that if We are unable t replace r mdify the Sftware, Yu may terminate this License Agreement by uninstalling the CaptinCall Mbile Applicatin, upn which the License Fees will be refunded. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING PERSONAL INJURY, ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF OR THE INABILITY TO USE, ACCURACY OR INACCURACY OF, OR SPEED OF THE CAPTIONCALL PHONE, THE CAPTIONCALL MOBILE APPLICATION, OR THE SERVICE, INCLUDING THE VOIP SERVICE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 10. WRITTEN OFFER FOR THIRD PARTY SOURCE CODE. The Firmware and Sftware includes cde develped by third parties, including sftware cde subject t GNU General Public License ( GPL ) r GNU Lesser Public License ( LGPL ). The GPL and LGPL cde, and all ther third-party cde, used in the CaptinCall Phne, Firmware, CaptinCall Mbile Applicatin, and Sftware is distributed WITHOUT ANY WARRANTY and is subject t the cpyrights f ne r mre authrs. Fr details, see the GPL cde and the LGPL cde fr this prduct and the terms f the GPL and LGPL, which are available thrugh the written ffer described belw. Als, this prduct includes third party sftware develped by the OpenSSL Prject fr use in the OpenSSL Tlkit. (http://www.penssl.rg/) As applicable, the terms f the GPL, LGPL and OpenSSL, and infrmatin abut btaining access t the GPL, LGPL, OpenSSL cde used in this prduct, are available by sending a letter t Us. Revisin 8.0 09/01/16 4
Where such specific license terms entitle Yu t the surce cde f such sftware, We will prvide, upn written request via traditinal paper mail, the applicable GPL, LPGL and OpenSSL surce cde files via CD-ROM fr a nminal cst t cver shipping and media charges as allwed under the GPL, LPGL and OpenSSL. Please direct all inquiries t: Srensn Cmmunicatins, ATTN: CaptinCall Surce Cde Request, 4215 Suth Riverbat Rad, Salt Lake City, Utah, 84123. 11. GOVERNMENT END USERS. The CaptinCall Phne, Firmware, Services and Dcumentatin are, respectively, Cmmercial Items, Cmmercial Cmputer Sftware r Cmputer Sftware Dcumentatin, as such terms are used in 48 C.F.R. 2.101, 12.212, 227.7202, and cnsistent therewith, the freging are being licensed t U.S. Gvernment end users nly as Cmmercial Items and nly with the same rights granted t all ther end users, pursuant t the terms and cnditins prvided herein. Unpublished-rights are reserved under the cpyright laws f the United States. 12. PRIVACY. The prtectin f Yur private infrmatin is very imprtant t Us and We will nly use and disclse it fr the purpses described in this End User License Agreement. In rder t use the CaptinCall Phne, CaptinCall Mbile Applicatin, r Services Yu will have t create a User Accunt. The creatin f Yur User Accunt will require Yu t disclse persnal and private infrmatin, which will be exchanged electrnically with Us ver the Internet. All f Yur cntacts and phtgraphs, when saved by Yu t Yur accunt, will als be stred n Our servers and be accessible t Us. Yu agree t prvide accurate and cmplete infrmatin when creating Yur User Accunt r when prviding Us with persnal infrmatin fr any ther reasn. We may als cllect infrmatin frm Yu and abut Yu thrugh Yur use f the Services. This infrmatin is needed fr Us t prvide Yu with the Services and t seek cmpensatin fr the Services frm the Telecmmunicatins Relay Services Fund. This infrmatin will be used als t assess and imprve the CaptinCall Phne and Services. By Yur use f the CaptinCall Phne, CaptinCall Mbile Applicatin, r Services, Yu agree that We may use Yur infrmatin t assess and imprve Our Services. Yu als authrize Us t use Yur infrmatin t prvide Yu with marketing materials regarding ther gds and services. In Our discretin, We may als share Yur persnal infrmatin with third parties. Yu may pt ut f such disclsures t third parties by indicating Yur privacy preferences during the creatin f Yur User Accunt r, at a later date, may change thse preferences by cntacting Our custmer supprt department. Our Services require individuals, including Our representatives and agents, t listen t and transcribe the incming audi prtin (ne side) f Yur telephne cnversatins. In rder t d this, the incming audi prtin f Yur telephne call audi will be transmitted t Us, r Our third-party cntractrs, fr transcriptin and captining. T prtect Yur privacy, neither the audi transmissin nr transcriptin f the call will be retained by Us r Our third-party cntractrs. By using the Services, Yu agree t the transmissin f the incming audi prtin f Yur telephne call audi t Us r Our agents and waive any rights Yu may have under applicable law restricting the same. T the extent permitted by law, Yu waive all privacy laws gverning telephne cmmunicatins and mnitring f the same. We prvide telecmmunicatins relay services under the regulatry rules f the FCC. These services are regulated by the FCC t ensure that the privacy f Yur telecmmunicatins is strictly enfrced. We take the privacy f Yur telecmmunicatins very seriusly. T the extent that any cnsent t disclsure f custmer infrmatin set frth abve in this Sectin 12 is incnsistent with CaptinCall s bligatins under applicable law with respect t prtecting, string, and using custmer prprietary netwrk infrmatin, We will adhere t the requirements f applicable law. In the curse f prviding services t Yu thrugh the CaptinCall Mbile Applicatin, We cllect and maintain certain custmer prprietary netwrk infrmatin ( CPNI ) in accrdance with the rules and regulatins f the Federal Cmmunicatins Cmmissin. CPNI includes the types f services Yu currently purchase and related usage and billing infrmatin fr thse services. Yur telephne number, name, and address are nt CPNI. We value Our relatinships with Our custmers and are cmmitted t respecting and prtecting Yur CPNI. Accrdingly, We have develped safeguards fr the use f Yur CPNI, and We d nt sell, trade, r share Yur CPNI except as authrized by Yu r required by law. Generally, and nt exclusively, We can use Yur CPNI withut Yur apprval t ffer additinal, related services t Yu, and fr billing and cllectins purpses. We require Yur apprval t market unrelated services t Yu, which We wuld seek via electrnic ntice thrugh the CaptinCall Mbile Applicatin. Befre ding s, We will prvide Yu ntice f Yur right t restrict use and disclsure f, and access t, Yur CPNI. In additin, We can disclse Yur CPNI withut Yur apprval fr legal r regulatry reasns, including in respnse t subpenas and curt rders, withut Yur prir knwledge r cnsent. We can als use CPNI t investigate fraud and t prevent vilatin f Our Terms, Cnditins, and Acceptable Use Plicies and unlawful use f Our netwrk and services. In rder t use Yur CPNI fr ther reasns nt set ut in this Sectin 12, We will prvide Yu the ptin t ptin t such uses and disclsures. Generally, We may btain Yur cnsent after prviding ntificatin thrugh ral, written, r electrnic methds. 13. TERM AND TERMINATION. This License Agreement takes effect upn Yur peratin f the CaptinCall Phne r the CaptinCall Mbile Applicatin and remains effective until terminatin f the same. Yu may terminate this License Agreement at any time by returning t Us the CaptinCall Phne and destrying all cpies f the Firmware and Dcumentatin in Yur pssessin (if nt returned with the CaptinCall Phne) r by uninstalling the CaptinCall Mbile Applicatin. This License Agreement will als autmatically terminate if Yu fail t cmply with any term r cnditin f this License Agreement. Yu agree n terminatin f this License Agreement t return the CaptinCall Phne, including the CaptinCall Phne, Firmware and Dcumentatin, t Us and t destry any cpies f the Firmware and/r Dcumentatin nt returned, and t uninstall the CaptinCall Mbile Applicatin. 14. CONFIDENTIALITY. The CaptinCall Phne and the CaptinCall Mbile Applicatin cntain trade secrets and prprietary knw-hw that belngs t Us and it is being made available t Yu based upn Yur prmise nt t reverse engineer r in any ther way attempt t discver and/r disclse the CaptinCall Phne s trade secret and prprietary infrmatin r the CaptinCall Mbile Applicatin s trade secrets and prprietary infrmatin. YOU AGREE NOT TO REVERSE ENGINEER THE CAPTIONCALL PHONE AND FIRMWARE OR THE CAPTIONCALL MOBILE APPLICATION AND NOT TO DISCLOSE ANY TRADE SECRET OR PROPRIETARY INFORMATION DERIVED FROM THE CAPTIONCALL PHONE OR FIRMWARE OR CAPTIONCALL MOBILE APPLICATION, INCLUDING, BUT NOT LIMITED TO, THE CONSTRUCTION, COMPONENTS, ALGORITHMS, PROTOCOLS, AND INTERFACES OF THE CAPTIONCALL PHONE AND FIRMWARE AND CAPTIONCALL MOBILE APPLICATION. 15. GENERAL PROVISIONS. i. This written License Agreement is the exclusive agreement between Yu and Us cncerning the CaptinCall Phne, the CaptinCall Mbile Applicatin, and the Services and supersedes any and all prir ral r written agreements, negtiatins r ther dealings between Us cncerning the same. ii. This License Agreement may be mdified by Us at any time and fr any reasn upn ntice t Yu. Yur cntinued use after such ntice shall cnstitute cnsent. iii. In the event f litigatin between Yu and Us cncerning the CaptinCall Phne, the CaptinCall Mbile Applicatin, r the Service, the prevailing party in the litigatin will be entitled t recver attrneys fees and expenses frm the ther party. Revisin 8.0 09/01/16 5
iv. This License Agreement is gverned by the laws f the State f Utah. v. This License Agreement shall nt be gverned r cntrlled by the United Natins Cnventin n Cntracts fr the Internatinal Sale f Gds, the applicatin f which is hereby expressly excluded. vi. If fr any reasns, a curt f cmpetent jurisdictin finds any prvisin f this License Agreement, r any prtin heref, t be unenfrceable, the remainder f the agreement shall remain and cntinue in full frce and effect. vii. Prtins f the CaptinCall Phne, the CaptinCall Mbile Applicatin, and the Services may utilize ther third-party cmpnents, sftware, services and ther patented r cpyrighted materials. Acknwledgements, licensing terms and disclaimers fr such materials are available upn written request t Our custmer service department. Yur use f such material is gverned by their respective terms and, t the extent that same is nt prhibited by lcal law in Yur jurisdictin, Yu agree t these terms by Yur use f the CaptinCall Phne, Firmware, Services, Dcumentatin, r CaptinCall Mbile Applicatin. r Other calling patterns indicative f an attempt t evade the End User License Agreement r this Plicy. Yu may nt use CaptinCall s vice service in any way that is illegal, fraudulent, imprper, r inapprpriate. Yu may nt use any autmated means t manipulate ur service r use ur service t vilate any law, rule, regulatin, r any third party s intellectual prperty. CaptinCall may, at its ptin, review yur accunt and take further actin, including actin t terminate r suspend yur intercnnected VIP service if it determines yu are using that service cntrary t this Plicy r ur End User License Agreement. Where reasnable, CaptinCall will prvide yu with ntice f imprper usage befre suspensin r terminatin f yur service and, if apprpriate, CaptinCall may ffer yu an alternative service r prduct. Cpyright 2016 Srensn Cmmunicatins, Inc. All Rights Reserved ACCEPTABLE USE POLICY CAPTIONCALL VOIP SERVICE CaptinCall ( we, r us ) has prepared this Acceptable Use Plicy ( Plicy ) t help yu, ur custmer, understand the intended and permissible uses f ur service, and t prevent explitatin, fraud, and abuse f ur intercnnected VIP service. CaptinCall s service is intended fr use in cnnectin with the Internet Prtcl Captined Telephne Service (IP CTS) that CaptinCall prvides, which is a Telecmmunicatin Relay Service prduct that prvides captining fr telephne calls fr individuals with hearing lss. CaptinCall ffers its intercnnected VIP service nly t thse individuals that are eligible t use CaptinCall s IP CTS service and nly fr use n an individual s persnal r wrk ipad. Subject t this Plicy, CaptinCall allws unlimited calling t and frm landline and mbile telephne numbers in the United States nly. CaptinCall s vice service is intended fr individual use nly in accrdance with ur End User License Agreement and is nt transferable. It is nt permissible t use CaptinCall s vice service in any way that is incnsistent with individual use, including any f the fllwing: By r fr thers wh are nt eligible IP CTS users; Fr telemarketing r perating a call center; Fr calling numbers (whether singly, sequentially, r autmatically) t generate incme fr yurself r thers as a result f placing the call, ther than fr yur individual business cmmunicatins; T resell vice service t thers; Withut live dialg, including use as a mnitr, intercm, r fr transcriptin purpses ther than fr eligible IP CTS calls. Other practices may be relevant in determining whether certain uses are permissible. Fr avidance f dubt, Yu are expressly permitted t use CaptinCall s vice service, including but nt limited t Phne, mbile applicatin, and firmware, fr captining calls within a wrkplace setting. CaptinCall reserves the right t take any unlawful, prhibited, abnrmal, r unusual activity int accunt in making its determinatin. Fr instance, CaptinCall may cnsider any f the fllwing, in cmbinatin r alne, when excessive: Unique numbers called; Call lengths; Frequency f call frwarding/transferring; Cnference calling; Shrt duratin calls; Number f calls made during a mnth; Number f calls made t a cnference calling service during a mnth; Calls made during business hurs; Number f calls terminated and re-initiated cnsecutively that, in the aggregate, result in excessive call lengths during a specific time frame; Revisin 8.0 09/01/16 6