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This End User License Agreement ("Agreement" or "EULA") is a legal agreement between Yadkin Valley Telecom, Inc., d/b/a Zirrus, Inc. ("Zirrus") and the individual or entity ("Customer" or "You") that installs, accesses, or uses any Zirrus software, applications, platforms, or related services.
By installing, accessing, or using the Software or Services, or by signing a Voice Service Agreement, You agree to be bound by this Agreement.
This Agreement governs Your use of:
This Agreement supplements, and does not replace, applicable Terms of Service, Service Agreements (Voice Service Agreement, VoIP Service Agreement, Mobile Service Agreement), Acceptable Use Policies, Emergency Calling Notices, or CPNI disclosures, which are incorporated by reference.
Subject to Your compliance with this Agreement, Zirrus grants You a limited, non-exclusive, non-transferable, revocable license to access and use the Software solely:
No ownership rights are transferred.
You may not, and may not permit others to:
Zirrus reserves the right to suspend or terminate access for violations of this Agreement.
You are responsible for:
You are responsible for all activity conducted under Your account.
You may not attempt to intercept, manipulate, simulate, redirect, or bypass Zirrus signaling, billing, authentication, or communication protocols.
Zirrus voice services are IP-based and subject to limitations. Emergency calling functionality is governed by the Zirrus Emergency Calling Notice, which is incorporated by reference.
You acknowledge that:
Certain features may rely on third-party providers (including carriers, emergency routing providers, app platforms, or APIs).
Zirrus:
Use of third-party services may be subject to additional terms.
Zirrus may:
Continued use constitutes acceptance of updates.
The Software and all related intellectual property are owned by Zirrus or its licensors.
All rights not expressly granted are reserved by Zirrus.
Zirrus collects and processes data in accordance with:
You authorize Zirrus to process, transmit, and store data necessary to provide the services.
THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZIRRUS DISCLAIMS ALL WARRANTIES, INCLUDING:
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
You agree to indemnify and hold harmless Zirrus from claims arising from:
This Agreement remains in effect until terminated.
Zirrus may terminate or suspend access immediately if:
Upon termination, all licenses end and use must cease.
This Agreement is governed by the laws of the State of North Carolina, without regard to conflict of law principles.
Subscriber and Provider agree to submit to the exclusive jurisdiction of the courts located within the state of North Carolina for purposes of entering any arbitration award hereunder or for any other litigation hereunder.
This Agreement, together with referenced policies and agreements, constitutes the entire agreement regarding the Software.
If any provision is held unenforceable, the remaining provisions remain in effect.
You represent that: