Terms and Conditions · COM3
IMPORTANT: Read this End User Licence Agreement ("Agreement") carefully before using this software or any future update to it. By using this software or any future update, you agree to be bound by the terms of this Agreement. Any future update 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 update.
011.1 Definitions
The "Software" refers to the program and its accompanying documentation provided by COM3, including, without limitation: 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 database.
The "use" or "using" of this Software means accessing, downloading, installing, copying or otherwise interacting with the Software's functionality.
The "Right of use" means that, unless otherwise agreed in writing with COM3, you are granted a limited, non-exclusive, revocable, non-transferable and non-sublicensable right to access and use COM3's Software in accordance with the terms and conditions of this Agreement (hereinafter, "Right of use").
021.2 Intellectual Property Rights
COM3 retains the copyright, ownership rights and other intellectual property rights in this Software. The Software is protected by intellectual property laws, including, without limitation, copyright laws and other applicable laws. "COM3" and the company name in Portuguese are trademarks or registered trademarks of COM3 in Brazil and other countries or regions. COM3 retains ownership of its trademarks and product names. COM3 reserves all rights not expressly granted.
The Software may use third-party software or technology (including, without limitation, third-party SDKs or plug-ins, open-source code and public-domain code). COM3 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 those third parties' policies and terms of use.
031.3 Software Licence
Before using this software, you must obtain a licence from COM3 or a third party authorised by COM3 by paying the corresponding fee or other charges. This Software may only be used together with COM3 products or services and in the manner expressly authorised in writing by COM3. Any use outside this scope is strictly prohibited. If you breach any essential term of this Agreement, your right of use will be automatically terminated without prior notice. COM3 reserves the right to claim damages for unauthorised use.
041.4 Use Restrictions
No modifications: You must not modify, translate or adapt this Software, or allow others to do so, unless expressly authorised.
Use limited to its intended purpose: You must not use the Software for purposes other than those intended.
No reverse engineering: You must not reverse engineer or decompile the Software, or attempt to discover its source code by other means.
No distribution or transfer: You must not sell, transfer, rent, sublicense or distribute the Software without COM3's prior written authorisation.
051.5 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 Centre of the Federation of Industries of the State of São Paulo (FIESP) or another competent court in São Paulo, Brazil. In the event of an infringement of intellectual property rights, COM3 may bring legal proceedings in any competent court.
061.6 Limitation of Liability
THIS SOFTWARE IS PROVIDED "AS IS". COM3 DOES NOT GUARANTEE THAT THE SOFTWARE WILL FULLY MEET YOUR REQUIREMENTS. Manuals and documentation are for reference only and do not constitute commitments.
To the maximum extent permitted by law, COM3 and its affiliates shall not be liable for damages arising from the use of or inability to use the Software, including loss of profits, interruptions, data loss or indirect damages.
Some jurisdictions do not allow limitations of liability, so these may not apply to you.
COM3'S MAXIMUM LIABILITY SHALL NOT EXCEED:
(a) the fees paid for the Software; or
(b) the fees paid in the twelve (12) months preceding the event giving rise to the liability.
071.7 Amendments
If any provision is held to be invalid, the remainder shall remain valid. This Agreement may not be amended without COM3's prior authorisation.
081.8 Termination
This Agreement shall remain in effect until terminated. Your rights shall terminate automatically if you breach any term. Upon termination, you must stop using the Software and destroy all copies.
091.9 General Provisions
This Agreement does not affect your statutory rights as a consumer. It supersedes any previous agreement relating to the Software.
For enquiries, contact:
contacto@com3.es
101.10 Privacy and Data Collection
The Software may collect and process personal data (including audio and images) in accordance with COM3's Privacy Policy. By using it, you consent to such collection and use. COM3 will not share data except where necessary or required by law.
111.11 Export Controls
You warrant that you will comply with all applicable export control laws when using or transferring the Software.
121.12 Entire Agreement
This Agreement constitutes the entire agreement between you and COM3 regarding use of the Software and supersedes any previous agreement, whether written or oral. Additional terms may also apply when using third-party content or services.