The Meet Room | Terms of Use

END USER LICENSE AGREEMENT

IMPORTANT:
BEFORE USING THE SOFTWARE, PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. BY USING THE SOFTWARE YOU ARE ACCEPTING THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, YOU MAY NOT USE THE SOFTWARE.

You must be at least 18 years old to agree to this EULA and our Privacy Policy. You must be at least 18 years old to use the SERVICE (defined below). If you are not at least 18 years old, you are prohibited from using the SERVICE.
This EULA is a legal agreement between you and TemaroTech Inc. (“TemaroTech”). This EULA governs your rights and obligations regarding the The Meet Room software of TemaroTech, its affiliates or its third party licensors (“THIRD-PARTY SUPPLIERS”), together with any updates/upgrades provided by TemaroTech, any printed, on-line or other electronic documentation for such software (the “DOCUMENTATION”), and any data files created by operation of such software (collectively, the ‘’SOFTWARE”).
Notwithstanding the foregoing, any software in the SOFTWARE having a separate end user license agreement shall be covered by such applicable separate end user license agreement in lieu of the terms of this EULA to the extent required by such separate end user license agreement (“EXCLUDED SOFTWARE”).

SOFTWARE LICENSE

The SOFTWARE is licensed, not sold. The SOFTWARE is protected by copyright and other intellectual property laws and international treaties.

COPYRIGHT

All right and title in and to the SOFTWARE (including, but not limited to, any images, photographs, animation, video, audio, text and "applets" incorporated into the SOFTWARE, as well as all documentation, flowcharts, drawings, specifications, manuals, methods, tools and other data created and/or used in the development efforts) is owned by TemaroTech, its affiliates or one or more of the THIRD-PARTY SUPPLIERS.

GRANT OF LICENSE

TemaroTech grants you a royalty-free, non-exclusive, and non-transferrable license to use the SOFTWARE solely in connection with TemaroTech-approved compatible devices (“DEVICE”) and only for your authorized business use. TemaroTech and its THIRD-PARTY SUPPLIERS expressly reserve all rights, title and interest (including but not limited to, all intellectual property rights) in and to the SOFTWARE that this EULA does not specifically grant to you. You acknowledge that you have no right to have access to the SOFTWARE in source code form.

REQUIREMENTS AND LIMITATIONS

You will be provided with an access or user account in order to use the SOFTWARE. You may use the SOFTWARE only through your authorized user account.
You may not copy, publish, adapt, redistribute, attempt to derive source code, modify, reverse engineer, decompile, or disassemble any of the SOFTWARE, whether in whole or in part, or create any derivative works from or of the SOFTWARE unless such derivative works are intentionally facilitated by the SOFTWARE. You may not modify or tamper with any of the digital rights management functionality of the SOFTWARE. You may not bypass, modify, defeat or circumvent any of the functions or protections of the SOFTWARE or any mechanisms operatively linked to the SOFTWARE. You may not separate any individual component of the SOFTWARE for use on more than one DEVICE unless expressly authorized to do so by TemaroTech. You may not remove, alter, cover or deface any trademarks or notices on the SOFTWARE. You may not share, distribute, rent, lease, sublicense, assign, transfer or sell the SOFTWARE. The software, network services or other products other than SOFTWARE upon which the SOFTWARE’S performance depends might be interrupted or discontinued at the discretion of the suppliers (software suppliers, service suppliers, or TemaroTech). TemaroTech and its Third-Party Suppliers do not warrant that the SOFTWARE, network services or other products will continue to be available, or will operate without interruption or modification.

EXCLUDED SOFTWARE

Notwithstanding the foregoing limited license grant, you acknowledge that the SOFTWARE may include EXCLUDED SOFTWARE. Certain EXCLUDED SOFTWARE may be covered by open source software licenses (“OPEN SOURCE COMPONENTS”), which means any software licenses approved as open source licenses by the Open Source Initiative or any substantially similar licenses, including but not limited to any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format. To the extent required by the licenses covering OPEN SOURCE COMPONENTS, the terms of such licenses will apply in lieu of the terms of this EULA. To the extent the terms of the licenses applicable to OPEN SOURCE COMPONENTS prohibit any of the restrictions in this EULA with respect to such OPEN SOURCE COMPONENTS, such restrictions will not apply to such OPEN SOURCE COMPONENTS.

USE OF SOFTWARE WITH COPYRIGHTED MATERIALS

The SOFTWARE may be capable of being used by you to view, store, process and/or use content created by you and/or user. or their assignees. Such content may be protected by copyright, other intellectual property laws, and/or agreements. You agree to use the SOFTWARE only in compliance with all such laws and agreements that apply to such content. You agree that TemaroTech may take appropriate measures to protect the copyright of content stored, processed or used by the SOFTWARE. Such measures include, but are not limited to, counting the frequency of your backup and restoration through certain SOFTWARE features, refusal to accept your request to enable restoration of data, and termination of this EULA in the event of your illegitimate use of the SOFTWARE.

CONTENT SERVICE

Please note that certain SOFTWARE may be designed to be used with content available through one or more content services (“CONTENT SERVICE”). Use of the service and that content is subject to the terms of service of that CONTENT SERVICE. If you decline to accept those terms, your use of the SOFTWARE will be limited. You understand, acknowledge and agree that certain content and services available through the SOFTWARE may be provided by third parties over which TemaroTech has no control. Use of the CONTENT SERVICE requires an internet connection, minimum recommended internet speed to access The Meet Room is 10 Mbps. The CONTENT SERVICE may be discontinued at any time.

ACCEPTABLE USE RESTRICTIONS

You must:

Not use the SOFTWARE or any CONTENT SERVICE in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the SOFTWARE;
Not infringe our intellectual property rights or those of any third-party in relation to the use of the SOFTWARE or the CONTENT SERVICE to the extent that such use is not licensed by this EULA;
Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the SOFTWARE or any CONTENT SERVICE;
Not use the SOFTWARE or any CONTENT SERVICE in a way that could damage, disable, overburden, impair or compromise the systems or security or interfere with other users;
Not collect or harvest any information or data from any CONTENT SERVICE or the systems or attempt to decipher any transmissions to or from the servers running any CONTENT SERVICE; and
Not access or otherwise use the SOFTWARE and/or the corresponding device for any purpose other than performing the task you are authorized to do by account holder.

INTERNET CONNECTIVITY AND THIRD-PARTY SERVICES

You understand, acknowledge and agree that access to certain SOFTWARE features may require an Internet connection for which you are solely responsible. Further, you are solely responsible for payment of any third-party fees associated with your Internet connection, including but not limited to Internet service provider or airtime charges. Operation of the SOFTWARE may be limited or restricted depending on the capabilities, bandwidth or technical limitations of your Internet connection and service. The provision, quality and security of such Internet connectivity are the sole responsibility of the third party providing such service.
EXPORT AND OTHER REGULATIONS
You agree to comply with all technology control or export laws and regulations that apply to the technology used or supported by the SOFTWARE, and not to transfer, or authorize the transfer, or operate the SOFTWARE outside the authorized place of use.
WARRANTY ON SOFTWARE

You expressly acknowledge and agree that use of the SOFTWARE is at your sole risk and that you are responsible for use of the SOFTWARE.
The SOFTWARE shall perform substantially in accordance with its corresponding user manual, provided that, (a) non-substantial variation of performance from the user manual does not establish a warranty right, (b) that patches and third-party changes in policies beyond the control of TemaroTech are not covered by the warranty, and (c) that TemaroTech does not warrant that the operation of the SOFTWARE will be uninterrupted or bug-free or error-free or that all errors can be corrected, except that TemaroTech shall provide technical maintenance support and bug fixes in accordance with the Service Level Warranty and generally accepted industry standards. If the SOFTWARE is tampered, adjusted, or altered by anyone other than TemaroTech, or without its consent, this warranty is considered null and void.
No oral or written information or advice given by TemaroTech or an authorized representative of TemaroTech shall create any other warranty, duty or condition or in any way increase the scope of this warranty.

LIMITATION OF LIABILITY

TemaroTech, each of the third-party suppliers and each of their respective affiliates shall not be liable for any incidental or consequential damages for breach of any express or implied warranty, breach of contract, negligence, strict liability or under any other legal theory related to the SOFTWARE, including but not limited to, any damages arising out of loss of profits, loss of revenue, loss of data, loss of use of the SOFTWARE or any associated hardware, down time and user’s time, even if any of them have been advised of the possibility of such damages.

TemaroTech shall not be liable:

if the SOFTWARE or the equipment upon which the SOFTWARE is authorized to be used has been altered or subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident;
for damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes;
for damage caused by operating the SOFTWARE outside the permitted or intended uses;
for damage caused by service performed by anyone who is not a representative of the TemaroTech;
due to a product or part that has been modified to significantly alter functionality or capability performed by anyone who is not a representative of TemaroTech;
for failure to follow instructions relating to your use of the SOFTWARE;
for intrusions, malwares, hacks, or cyber-attacks; or
for damage resulting from causes beyond TemaroTech’s control including but not limited to acts of God, terrorism, labor action, fire, flood, earthquake, governmental acts, orders, or restrictions, failure of public or private telecommunications networks, third party suppliers, denial of service attacks and other malicious conduct, utility failures, or power outages.

HIGH RISK ACTIVITIES

The SOFTWARE is not fault-tolerant and is not designed, manufactured or intended for use as online control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the SOFTWARE could lead to death, personal injury, or severe physical or environmental damage ("HIGH RISK ACTIVITIES"). TemaroTech, each of the THIRD PARTY SUPPLIERS, and each of their respective affiliates specifically disclaim any express or implied warranty, duty or condition of fitness for HIGH RISK ACTIVITIES.

CONSENT TO USE OF NON-PERSONAL INFORMATION, LOCATION DATA, DATA SECURITY

Certain services available through the SOFTWARE may rely upon location information, including but not limited to the real-time geographic location of the DEVICE. You acknowledge that for the purpose of providing such services, TemaroTech, THIRD PARTY SUPPLIERS or their partners may collect, archive, process and use such location data, and that such services are governed by the privacy policies of TemaroTech or such third party. By using any such services, you agree that you have reviewed the privacy policies applicable to such services and consent to such activities. TemaroTech’s current privacy policy is located at: www.temarotech.com/privacy.

Please contact applicable third parties for privacy policies relating to personally identifiable and other information you provide when you use or access third-party software or services.

AUTOMATIC UPDATE FEATURE

From time to time, TemaroTech or Third-Party Suppliers may automatically update or otherwise modify the SOFTWARE, including, but not limited to, for purposes of enhancement of security functions, error correction and improvement of functions, at such time as you interact with TemaroTech's or third parties' servers, or otherwise. Such updates or modifications may delete or change the nature of features or other aspects of the SOFTWARE, including but not limited to functions you may rely upon. You hereby agree that such activities may occur at TemaroTech's sole discretion and that TemaroTech may condition continued use of the SOFTWARE upon your complete installation or acceptance of such update or modifications. Any updates/modifications shall be deemed to be, and shall constitute part of, the SOFTWARE for purposes of this EULA.

By acceptance of this EULA, you consent to such update/modification.

ENTIRE AGREEMENT, WAIVER, SEVERABILITY

This EULA and TemaroTech’s privacy policy, each as amended and modified from time to time, constitutes the entire agreement between you and TemaroTech with respect to the SOFTWARE. The failure of TemaroTech to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision. If any part of this EULA is held invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this EULA, and the other parts will remain in full force and effect.

DISPUTE RESOLUTION

Any dispute, controversy or claim arising out of or relating to this EULA or its interpretation shall be settled by arbitration in accordance with the Philippine Dispute Resolution Center, Inc. (PDRCI) Arbitration Rules as at present in force, and the judgment upon award may be entered in any court having jurisdiction thereof.

TERMINATION

Without prejudice to any of its other rights, TemaroTech may terminate this EULA if you fail to comply with any of its terms. In case of such termination, you must: (i) cease all use, and destroy any copies, of the SOFTWARE; (ii) comply with the requirements in the section below entitled “Your Account Responsibilities”.

AMENDMENT

TemaroTech reserves the right to amend any of the terms of this EULA at its sole discretion by posting notice on TemaroTech-designated website, by email notification to an email address provided by you, by providing notice as part of the process in which you obtain upgrades/updates or any other legally recognizable form of notice. If you do not agree to the amendment, you should promptly contact TemaroTech for instructions. Your continued use of the SOFTWARE after the effective date of any such notice shall be deemed your agreement to be bound by such amendment.

THIRD-PARTY BENEFICIARIES

Each THIRD-PARTY SUPPLIER is an express intended third-party beneficiary of, and shall have the right to enforce, each provision of this EULA with respect to the SOFTWARE of such party.

YOUR ACCOUNT RESPONSIBILITIES

You are solely responsible for maintaining the confidentiality of any accounts you have access to, or third parties and any usernames and passwords associated with your use of the SOFTWARE or the device.