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Terms and Conditions

COM3

Terms and Conditions

IMPORTANT: Please read this End User License Agreement ("Agreement") carefully before using this software or any future updates thereto. By using this software or any future updates, you agree to be bound by the terms of this Agreement. Any future updates may include minor or major changes, and your continued use of the updated software will constitute your acceptance of the updated Agreement. If you do not agree with any of the terms of this Agreement, do not use this software or any future updates.
 

1.1 Definitions

"Software" means the program and its accompanying documentation, provided by COM3 Systems, including, but not limited to: (i) source code, executable code, and interfaces; (ii) related explanatory materials or files; (iii) software updates and patches; and (iv) any data stored or generated by the software and the database.

"Use" or "using" this Software means accessing, downloading, installing, copying, or otherwise interacting with the Software's functionalities.

"Right of Use" means that, except as otherwise agreed in writing with COM3 Systems, you are granted a limited, non-exclusive, revocable, non-transferable, and non-sublicensable right to access and use the Software of COM3 Systems in accordance with the terms and conditions of this Agreement (hereinafter, "Right of Use").
 

1.2 Intellectual Property Rights

COM3 Systems retains the copyright, proprietary rights, and other intellectual property rights in this Software. The Software is protected by intellectual property laws, including, but not limited to, copyright laws and other applicable laws. "COM3 Systems" and the company name in Portuguese are trademarks or registered trademarks of COM3 Systems in Brazil and other countries or regions. COM3 Systems retains ownership of its trademarks and product names. COM3 Systems reserves all rights not expressly granted.

The Software may use third-party software or technology (including, but not limited to, third-party SDKs or plugins, open-source code, and public-domain code). COM3 Systems will provide a list of third-party components used in the Software through its official website. The intellectual property rights in any third-party software or technology belong to their respective developers. Use of this Software implies acceptance of the policies and terms of use of such third parties.
 

1.3 Software License

Before using this software, you must obtain a license from COM3 Systems or from a third party authorized by COM3 Systems by paying the applicable fee or other charges. This Software may only be used in conjunction with products or services of COM3 Systems and in the manner expressly authorized in writing by COM3 Systems. Any use outside this scope is strictly prohibited. If you breach any material term of this Agreement, your Right of Use will be terminated automatically without prior notice. COM3 Systems reserves the right to claim damages for unauthorized use.
 

1.4 Use Restrictions

  • No modifications: You shall not modify, translate, or adapt this Software, nor allow others to do so, except with express authorization.

  • Use limited to intended purpose: You shall not use the Software for purposes other than those intended.

  • No reverse engineering: You shall not reverse engineer or decompile the Software, nor attempt to discover its source code by other means.

  • No distribution or transfer: You shall not sell, transfer, rent, sublicense, or distribute the Software without the prior written authorization of COM3 Systems.


1.5 Applicable Law

This Agreement shall be governed by the laws of the Federative Republic of Brazil. Any dispute shall be resolved at the Arbitration and Mediation Center of the Federation of Industries of the State of São Paulo (FIESP) or another competent court in São Paulo, Brazil. In the event of infringement of intellectual property rights, COM3 Systems may take legal action in any competent court.


1.6 Limitation of Liability

THIS SOFTWARE IS PROVIDED "AS IS". COM3 Systems DOES NOT WARRANT THAT THE SOFTWARE WILL FULLY MEET YOUR REQUIREMENTS. The manuals and documentation are for reference only and do not constitute commitments.

To the maximum extent permitted by law, COM3 Systems and its affiliates shall not be liable for damages arising from the use or inability to use the Software, including loss of profits, interruptions, loss of data, or indirect damages.

Some jurisdictions do not allow limitations of liability, so these may not apply in your case.

COM3 Systems' MAXIMUM LIABILITY SHALL NOT EXCEED:
(a) the fees paid for the Software; or
(b) the fees paid in the twelve (12) months prior to the event giving rise to liability.


1.7 Modifications

If any provision is held to be invalid, the remainder shall remain valid. This Agreement may not be amended without the prior authorization of COM3 Systems.


1.8 Termination

This Agreement shall remain in effect until terminated. Your rights will terminate automatically if you breach any term. Upon termination, you must cease using the Software and destroy all copies.


1.9 General Provisions

This Agreement does not affect your statutory rights as a consumer. It supersedes any prior agreement relating to the Software.

For inquiries, please contact: contacto@com3.es


1.10 Privacy and Data Collection

The Software may collect and process personal data (including audio and images) in accordance with COM3 Systems' Privacy Policy. By using it, you consent to such collection and use. COM3 Systems will not share data except when necessary or required by law.


1.11 Export Controls

You warrant that you will comply with all applicable export control laws when using or transferring the Software.


1.12 Entire Agreement

This Agreement constitutes the entire agreement between you and COM3 Systems regarding the use of the Software and supersedes any prior agreement, whether written or oral. Additional terms may also apply when using third-party content or services.

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