End User License Agreement
Jott End User License Agreement
IMPORTANT - PLEASE READ CAREFULLY
This Agreement:This Agreement, and any new versions, between Jott and You, covers all Your use of Jott Software from any terminals where Jott Software has been installed, by You or by third parties. You can accept this Agreement by clicking on the ACCEPT button or similar buttons or links as may be designated by Jott.
Additional Terms:Your agreement with Jott will also include the Additional Terms (as defined below). The Additional Terms shall include, but are not limited to, the terms and policies set out in paragraph 7 below. In order to use the Jott Services, You must accept the Additional Terms. You can accept the Additional Terms by (i) clicking to accept or agree where this option is made available to You, or (ii) by actually using the Jott Services, in which case You acknowledge and agree that Jott will treat such use as acceptance of the applicable terms. You acknowledge and agree that by accepting this Agreement and the Additional Terms you are entering into a legally binding contract, which collectively is referred to below as the "Terms". If there is any contradiction between the Additional Terms and this Agreement, then the Additional Terms shall take precedence in relation to the relevant Jott Service. You should print off or save a copy of the Terms for your records..
Electronic Signature(s): You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Jott Software. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
Jurisdiction's Restrictions: If the law of Your country prohibits You from downloading or using Jott Software because You are under the age limit or because the Jott Services are not allowed in Your country, please don't use it.
1. Definitions
1.1 The following terms and expressions shall have the following meanings:
Additional Terms: the terms and conditions and policies applicable to Your use of the Jott Software and the Jott Services, including the Terms of Use, any applicable Terms of Service in addition to this Agreement.
Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, Jott. For the purpose of this definition, the word "control" shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.
Agreement: this End User License Agreement, as may be renewed and/or amended from time to time. The most current version of this end user license agreement will always be found at http://www.jott.com/jott/eula
Documentation: any online or otherwise enclosed documentation provided by Jott.
Effective Date: the date on which this Agreement is entered into by clicking on the ACCEPT button as stated above or upon installation or use of the Jott Software by You, whichever occurs earlier.
IP Rights: means (i) patents, pending patent applications, designs, trade marks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognized in the future; and (iii) applications, extensions and renewals in relation to any such rights.
Password: refers to a code You select, which, in combination with the Phone Number, gives You access to Your User Account.
Jott: refers to the company operating at an address of 300 East Pike Street, Seattle, WA 98122.
JottLinks API: application program interface consisting of the set of routines utilized by developers to create and provide Jott Links.
Jott Online Material: the Jottsoftware available for download on the Jott Website at http://www.Jott.com, as such may be changed from time to time by Jott in its sole discretion.
Jott Promotional Materials: any and all trademarks, names, signs, logos, banners, and any other materials, in whatever form, owned and/or used by Jott for the promotion of its company, its products and activities, other than the Jott Online Material.
Jott Services: the Jott Website and any other products and services made available to You by Jott or its Affiliates, in addition to the Jott Software.
Jott Software: the software distributed by Jott, including without limitation the UI and Documentation, downloads, as well as any future versions, improvements, developments, programming fixes, updates and upgrades thereof.
Jott Staff: the officers, directors, employees and agents of Jott or its Affiliates, or any other persons hired by Jott or its Affiliates.
Jott Website: any and all elements, contents and the 'look and feel' of the website available under the URL, www.Jott.com , - among other URL's -, from which website the Jott Software can be downloaded.
Terms: has the meaning given in the "Additional Terms" preliminary term above.
UI: the user interface of the Jott Software.
User Account: refers to the account with Phone Number and Password that You create for Your use of the Jott Software.
Phone Number: refers to an identification code You selected, which in combination with the Password, gives access to Your User Account.
You: You, the end user of the Jott Software, also used in the form "Your" where applicable.
1.2 References to the singular include the plural and vice versa, and references to one gender include the other gender.
1.3 Any phrase introduced by the expressions "including", "include", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
2. License and Restrictions
2.1 License: Subject to the terms of this Agreement, Jott hereby grants You a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, license to download, install and use the Jott Software on Your computer, phone or PDA for the sole purpose of personally using the applications provided by Jott and any other applications that may be explicitly provided by Jott.
2.2 No Granting of Rights to Third Parties: You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Jott Software or any part thereof.
2.3 No Modifications: You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Jott Software or any part thereof except to the extent permitted by law.
2.4 Third Parties: The Jott Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Jott Software falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with the Jott Software will be subject to You explicitly accepting a license agreement with that third party. You acknowledge and agree that You will not enter into a contractual relationship with Jott or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to Jott or its Affiliates to enforce any of your rights.
2.5 Exclusive Ownership: Any and all IP Rights in the Jott Software, the Jott Website, the Jott Online Material and the Jott Promotional Materials are and shall remain the exclusive property of Jott and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with Jott's IP Rights. Any unauthorized use of Jott's IP Rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws. All title and IP Rights in and to any third party content that is not contained in the Jott Software, but may be accessed through use of the Jott Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.
2.6 No Removal of Notices: You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or Jott's rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials
2.7.1 You may make use of the JottLinks API provided that:
(i) You comply with the Jott API Terms of Use at http://jott.com/jott/api-terms.html
(ii) Your use of the JottLinks API is for legitimate purposes only and shall not adversely affect the functionality or performance of the Jott Software or services provided by Jott; and
(iii) You will monitor the Jott Website in order to ensure that You are aware of any changes in the JottLinks API Terms of Use. If such changes are not acceptable to You, You will immediately stop using the JottLinks API and, where applicable, the Jott Software.
2.7.2 If You are interested in using the JottLinks API for a purpose which is not permitted under this Agreement or the JottLinks API Terms of Use, You will have to obtain Jott's prior written consent and explicitly agree upon any further commercial terms.
2.8 Jott Promotional Materials: Nothing in this Agreement will give You any right to use the Jott Promotional Materials.
3. What You should and should not expect from Jott
3.1 No Warranties:Installing Jott Software enables You to record your voice and have it converted to text, and delivered to people, web services, and other end points. Jott cannot guarantee that You will always be able to communicate with the service, nor can Jott guarantee that You can communicate without disruptions, delays or communication-related flaws (such as noise, dropped-calls, misunderstandings, etc.) or that all Your communications shall always be delivered to other people.Jott cannot guarantee that your voice will be converted to text without error.
3.2 Content of Communications:The content of the communication spread by the use of the Jott Software is entirely the responsibility of the person from whom such content originated. You understand, therefore, that by using the Jott Software and the Jott Services You may be exposed tocontent that is offensive, harmful to minors, indecent or otherwise objectionable, and that You use the Jott Software and the Jott Services at Your own risk.
3.3 Utilization of Your Computer:Jott Software may utilize the processor and bandwidth of the computer (or other applicable device) You are utilizing, for the limited purpose of facilitating the communication between You and third parties. Jott will use its commercially reasonable efforts to protect the privacy and integrity of the computer resources (or other applicable device) You are utilizing and of Your communication, however Jott cannot give any warranties in this respect.
3.4 New Versions of the Jott Software:Jott, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Jott Software. Jott has no obligation to make available to You any subsequent versions of the Jott Software. You may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the Jott Software.
3.5 Suspension: Jott may, in its sole discretion and to the maximum extent permitted within Your jurisdiction, modify or discontinue or suspend Your ability to use any version of the Jott Software, and/or disable any Jott Software You may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where You, at Jott's discretion, are in breach of the Terms, creating problems, possible legal liabilities, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
3.6 No Emergency Calls: The Jott Software is not intended to support or carry emergency messages to any type of hospital, law enforcement agency, medical care unit or any other kind of Emergency Service. You acknowledge and agree that: (i) Jott is not required to offer access to Emergency Services under any applicable local and/or national rules, regulation or law; (ii) You must make additional arrangements to access Emergency Services and it is Your responsibility to purchase (separately from the Jott Software), traditional wireless or landline telephone services to obtain such access; and (iii) Jott is not a replacement for Your primary telephone service.
4. What we expect from You
4.1 Lawful purposes: You will use the Jott Software solely for lawful purposes. In this respect You may not, without limitation (a) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Jott Software or the communication; (b) send any unsolicited commercial communication not permitted by applicable law; (c) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way; (d) use the Jott Software to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or (e) use any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights.
4.2 Representations: You represent and warrant that You are authorized to enter into and comply with the Terms. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations under the Terms, as well as any and all laws, regulations and policies that may apply to the use of the Jott Software and/or the Jott Services.
4.3 Indemnification: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD JOTT AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR (A) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) USE OR MISUSE OF THE JOTT SOFTWARE, OR (D) COMMUNICATION SPREAD BY MEANS OF THE JOTT SOFTWARE.
4.4 Utilization of Your Computer: If Your use of the Jott Software is dependant upon the use of a processor and bandwidth owned or controlled by a third party, You acknowledge and agree that Your licence to use the Jott Software is subject to You obtaining consent from the relevant third party for such use. You represent and warrant that by accepting this Agreement and using the Jott Software, You have obtained such consent.
4.5 Export Restrictions: Jott Software may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Jott Software as well as end-user, end-use and destination restrictions issued by national governments. This software is controlled under ECCN 5D992.b.1 of the Export Administration Regulations ("EAR") per CCATS # G047973 and thus may not be exported or re exported to or downloaded by any person in any countries controlled for anti terrorism reasons under the EAR, which include Iran, North Korea, Cuba, Syria and Sudan. EAR 742.15(a), Title 15 Code of Federal Regulations. Moreover, the software may not be exported or re exported to or downloaded by any person or entity subject to US sanctions regardless of location. See http://www.bis.doc.gov/ComplianceAndEnforcement/ListsToCheck.htm and EAR Part 736. Jott is making this software available to You for download only on the condition that You certify that You are not such a person or entity and that the download is not otherwise in violation of US export control and sanctions regulations.
5. Term, Termination, Updates
5.1 Term: This Agreement will be effective as of the Effective Date and will remain effective until terminated by either Jott or You as set out below. The Additional Terms will be effective as of the date upon which they are accepted by You or You use the relevant Jott Service (as applicable), and will remain effective until terminated by either Jott or You as set out below and/or in the applicable terms.
5.2 Termination:You may terminate the Terms with immediate effect at any time. Without limiting other remedies, Jott may limit, suspend, or terminate this license and Your use of Jott Software and Jott Services, prohibit access to the Jott Website and delete Your User Account and/or User ID, with immediate effect, automatically and without recourse to the courts, if we think that You are in breach of the Terms, creating problems, legal liabilities (actual or potential), infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. Jott shall effect such termination by providing notice to You to the email address You have provided, and/or by preventing Your access to Your User Account. We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
5.3 Consequences of Termination: Upon termination of this Agreement and the Additional Terms: (a) all licenses and rights to use the Jott Software and the Jott Services shall immediately terminate; (b) You will immediately cease any and all use of the Jott Software and Jott Services; and (c) You will immediately remove the Jott Software from all hard drives, networks and other storage media and destroy all copies of the Jott Software in Your possession or under Your control.
5.4 New Versions: Jott reserves the right to change this Agreement at any time by publishing the revised Agreement on the Jott Website. The revised Agreement shall become effective within thirty (30) days of such publication, unless You expressly accept the revised Agreement earlier by clicking on the accept button. Your express acceptance or Your continued use of the Jott Software after expiry of the notice period of thirty (30) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. You can find the latest version of this Agreement at http://www.jott.com/jott/eula. Jott reserves the right to change any of the Additional Terms from time to time and such changes shall become effective either within thirty (30) days of publication of the revised version on the Jott Website (unless You expressly accept the revised terms earlier by clicking on the accept button if this option is made available), or within the timeframe set out in the applicable terms if different.
6. Disclaimer of Warranties and Limitation of Liability
6.1 No Warranties: THE JOTT SOFTWARE IS PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER; JOTT DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE JOTT SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. JOTT FURTHER DOES NOT REPRESENT OR WARRANT THAT THE JOTT SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES JOTT WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE JOTT SOFTWARE.
6.2 Specific Disclaimer Of Liability For Emergency Services: JOTT DOES NOT PROVIDE CONNECTIONS TO EMERGENCY SERVICES VIA THE JOTT SOFTWARE. NEITHER JOTT NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO YOUR INABILITY TO USE THE JOTT SOFTWARE TO CONTACT EMERGENCY SERVICES, AND YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES IN ACCORDANCE WITH PARAGRAPH 3.6 ABOVE.
6.3 Your own Risk: You acknowledge and agree that the entire risk arising out of Your use of the Jott Software remains with You, to the maximum extent permitted by law.
6.4 No Liability: The Jott Software is being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT JOTT, ITS AFFILIATES, ITS LICENSORS AND THE JOTT STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE JOTT SOFTWARE, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE JOTT SOFTWARE IS TO IMMEDIATELY DEINSTALL AND CEASE USE OF SUCH JOTT SOFTWARE.
6.5 Limitation of Liability: IN NO EVENT SHALL JOTT, ITS AFFILIATES, ITS LICENSORS OR THE JOTT STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR:
6.5.1 ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE JOTT SOFTWARE; AND
6.5.2 ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE JOTT SOFTWARE;
6.5.3 ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF;
(I) ANY DISRUPTIONS OR DELAYS IN ANY COMMUNICATION WHEN USING THE JOTT SOFTWARE;
(II) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY JOTT FOR ANY REASON; AND
(III) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE JOTT SOFTWARE TO YOU.
6.6 THE LIMITATIONS ON JOTT'S LIABILITY TO YOU IN PARAGRAPH 6.5 ABOVE SHALL APPLY WHETHER OR NOT JOTT, ITS AFFILIATES OR THE JOTT STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.
6.7 NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF JOTT FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF JOTT, THE JOTT STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
6.8 Jurisdiction's Limitations: As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited to the maximum extent possible within the applicable legislation.
7. Additional Terms
7.1 In addition to this Agreement, You have to comply with the following Additional Terms when receiving the Jott Software and the Jott Services. We expect You to read these Additional Terms carefully, all of which are made part of this Agreement:
- JottLinks API. You are not allowed to use the JottLinks API unless You comply with the Jott Links API Terms at http://jott.com/jott/api-terms.html
- " You are not allowed to share or transfer your authentication and security information with another user for the purposes of using the Jott Software or Jott Service. This includes passwords, software keys, or any other information used by the Jott Software and Jott Service to uniquely identify you.
- The use of www.Jott.com website is subject to the Terms of Use with JottNetworks Inc at http://www.Jott.com/jott/terms.html.
7.2 Any other exceptions: If You are interested in doing anything which is not permitted under this Agreement or by one of the above Additional Terms, You will have to obtain Jott's prior written consent and explicitly agree upon any further terms.
7.3 Your Confidential Information and Your Privacy: Jott is committed to respecting Your privacy and the confidentiality of Your personal data. The Privacy Policy at http://www.Jott.com/jott/privacy.html sets out how Jott may use Your personal data, the traffic data and the content contained in Your communication(s). If You object to Your information being used in the way set out in the Privacy Policy then please do not use the Jott Services.
8. Miscellaneous
8.1 Entire Agreement: The terms and conditions of the Terms constitute the entire agreement between You and Jott with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either You or Jott arising out of fraud or fraudulent misrepresentation.
8.2 Partial Invalidity: If any provision of the Terms, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Terms as a whole, the legality, validity or enforceability of the remainder of the Terms (including the remainder of the term which contains the relevant provision) shall not be affected.
8.3 No waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided by the Terms or by law shall not constitute a waiver of that right, power or remedy. If Jott waives a breach of any provision of the Terms this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
8.4 Assignment: You are not allowed to assign the Terms or any rights hereunder. Jott is allowed at its sole discretion to assign the Terms or any rights hereunder to any third party, without giving prior notice.
8.5 Applicable Law and Competent Court: The Terms shall be governed by and interpreted in accordance with the laws of the State of Washington and shall be subject to the jurisdiction of the courts of State of Washington.
8.6 Language: The original English version of the Terms may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
8.7 Survival: The terms of paragraphs 2.5, 5 and 6 of this Agreement, and any other provision of the Additional Terms which is expressed to survive or operate in the event of termination, shall survive termination of this Agreement and the applicable Additional Terms for whatever reason
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE JOTT SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO JOTT THE RIGHTS SET FORTH HEREIN.
Last revised: August 2008