End User Licensing Agreement
PURPLE® and ZVRS® SOFTWARE END USER LICENSE AGREEMENT
By using Purple Communications, Inc. (referred to as “Purple”) or ZVRS video relay service software (“Software”) you agree to the terms, conditions and acceptable use policies set forth herein. If you do not agree to all the terms of this agreement, you must immediately uninstall the Software and/or cease using Purple or ZVRS services.
Certification. You certify that you have a hearing or speech disability. You further certify that you understand the cost of VRS calls is paid for by contributions from other telecommunications users to the TRS Fund.
If you are a parent or guardian for a minor child under 18 years of age and accessing and downloading the Software for VRS services on their behalf, you certify that your minor child or ward has a hearing or speech disability and understands that the cost of VRS calls is paid for by contributions from other telecommunications users to the TRS Fund.
If you are accessing or downloading the Software for Video Relay Interpreting (“VRI”) services only, the above certifications do not apply.
Ownership. Purple or ZVRS, its licensors and affiliates, retain all ownership and rights to the Software licensed hereunder without exception. Purple and ZVRS are sub-brands of ZP Better Together, LLC. (referred to as the “Company”).
Term and Termination. This license automatically terminates if you violate or fail to comply with any of the terms and conditions of this Agreement or the terms and conditions related to the video relay interpreting and point to point services (“Services”) being provided to you by and through this Software application. The terms and conditions applicable to the Services are incorporated herein and are available on ZP’s website at https://zpconnect.com/legal-disclaimer You are responsible for reviewing, and complying with, the terms of the Purple or ZVRS Services. You agree that, upon termination, you will either destroy (or permanently erase) all copies of the Software.
Scope of License. This license for the Software is limited to a non-transferable license to use the Software on any device that you own or control. You may not rent, lease, lend, sell, redistribute or sublicense the Software. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Acceptable use of the Software & Services. You agree not to use the Software for any unlawful purposes or in a manner that interferes with Purple’s or ZVRS’s ability to provide Services to you or other customers. You are expressly prohibited from engaging or participating in communications or conduct of an unlawful nature (including without limitation indecent, obscene, illegal, threatening, harassing or prank calls) while using the Software and from allowing others to do so. You agree not to record, post on the Internet, or transmit the voice, image, or likeness of any Purple or ZVRS interpreter in any way for any purpose, or to store, retrieve, or use the voice, image, or likeness of any Purple or ZVRS interpreter in any way other than as necessary to provision VRS. You agree not to use VRS in any manner which would result in the use of VRS by persons who do not require the service to communicate over the telephone. You agree not to use the services for any VCO VRS call in which you are not an active participant. Purple or ZVRS reserves the right to immediately discontinue or suspend your use of the Software or Services in the event you engage in such activity. Specifically, and without limitation, you agree not to use the Software and Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and acknowledge and agree that the Company is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Software or Services. You further agree that your use of the Purple or ZVRS Services and your use of the Software will comply with Purple’s or ZVRS’s terms and conditions and policies (including policies on acceptable use set forth on Purple’s or ZVRS’s website that apply to any use of the Services) and will comply with the rules, regulations, and published policies of the Federal Communications Commission. Purple or ZVRS also has the right to discontinue or suspend, without advance notice, your use of the Software or Services if it becomes aware that you have breached the terms and conditions of this Agreement and/or the terms governing the use of the Purple or ZVRS Services. Purple or ZVRS also reserves the right to investigate and actively pursue or stop any attempt to disrupt the Services to its customers, including asserting civil claims, cooperating with law enforcement and/or criminal prosecution as it deems necessary.
Consent to Use of Data. You agree that the Company may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of Software updates, product support and other services to you (if any) related to the Software. The Company may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. Please see ZP’s Privacy Policy at https://zpconnect.com/privacy-policy for more information on data collected and its use.
Third-Party Materials. The Software enables access to third-party services and websites which are subject to separate service terms and other terms and conditions for which you are responsible. Use of the Services requires Internet access and that you accept additional terms of service. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use the Services at your sole risk and that the Company and its affiliates and/or licensors shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Intellectual Property Rights. You acknowledge that the Software and Services contain the Company proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and you agree not to use such proprietary content, information or materials in any way whatsoever except for permitted use of the Software and Services. No portion of the Software may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Software, in any manner.
NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY, ITS LICENSORS AND AFFILIATES DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY OR THROUGH THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability and Indemnification. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS LICENSORS AND AFFILIATES BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE). THIS LIMITATION SHALL APPLY EVEN IN THE EVENT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall the Company’s, its licensor’s or affiliates, total liability to you for all damages (other than as may be required by applicable law) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You agree that the Company shall not be responsible or liable for any claims or causes of action that arise from your use of the Software. Further, you agree to indemnify and hold the Company and its shareholders, officers, directors, employees, agents, and affiliated entities harmless for and from all costs, fees, expenses and damages of any nature whatsoever related to any such claims or causes of action, including court and arbitration costs, attorneys’ fees and the costs of other experts or professionals, except to the extent such claims are based on the Company’s willful or intentional acts or gross misconduct. This provision of the Agreement will continue to apply after this Agreement ends.
This provision of the Agreement should not apply to employees of U.S. federal agencies using the Software while acting in their official capacities. In such cases, these terms shall be governed, interpreted and enforced in accordance with the federal laws of the United States of America. To the extent permitted by federal law, the laws of the State of California will apply in the absence of federal law.
Export Limitations. You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
Commercial Items. The Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Governing Law. The laws of the State of Texas, excluding its conflicts of law rules, govern this license and your use of the Software. Your use of the Software may also be subject to other local, state, national, or international laws.
Support and Use. Neither the Company, nor any of its parent, subsidiary, or affiliate companies, nor their respective licensors, dealers, resellers or suppliers (collectively called the “Affiliates”), are responsible for maintaining or providing support for the Software and they have no obligation to provide updates, fixes, or new versions of the Software.
U.S. Government Rights. The Software is commercial computer software as that term is described in 48 C.F.R. 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U. S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulations (“FAR”). If acquired by or on behalf of any agency within the Department of Defense (“DOD”), the U. S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement (“DFAR”) and its successors.
Bulk Communications/Improper Use. You may not use the Software or any of the related Services, including communication tools accessible by or through the Software, to send unsolicited bulk communications. Similarly, you may not authorize others to use your account or sub-accounts to send unsolicited bulk communications, or cause unsolicited bulk communications to be sent by someone else. You may not harvest or collect information about the Company users, including screen names, and use that information for the purpose of sending unsolicited bulk communications. Further, the Company reserves the right to investigate any improper or unlawful use of the Software or Services, or breach of this Agreement, and to seek reimbursement and damages. The Company will not be liable for any cost or damage arising either directly or indirectly from your use or misuse of the Software or the Services.
Customer Representation. You represent and warrant that the information contained on your application or registration materials for the Software and/or Services is true and correct. The Company reserves the right to terminate this Agreement at any time if it should determine that any such information was or is untrue or misleading.
Equipment. You are responsible for obtaining your own telephone and/or Internet access needed for access to and use of the Software and Services, and all charges related thereto. Any telephone or other communications charges incurred by you to use the Software or Services are your responsibility. Also, your telecommunications carrier, such as a wireless carrier, may charge service fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify any fees that may apply to you.
Default Provider & Purple or ZVRS ten-digit numbers. When you obtain a Purple or ZVRS ten-digit telephone number you are selecting the Company as your “default” provider of VRS, which means that all VRS calls to and from your Purple or ZVRS ten-digit telephone number(s) assigned to your access device will be routed, by default through the Company’s VRS.
Under the FCC rules, as your default provider, the Company will: (i) ask you for your physical location at which the device will first be used to place VRS calls (your “Registered Location”); (ii) give you an easy way to update your Registered Location information if it changes, without cost or additional equipment; and (iii) route all emergency 911/E911 calls placed from the device through the Company VRS services to the appropriate emergency personnel and transmit the call-back number and your Registered Location, the Company’s name, and the identification number of the Company video interpreter handling the 911/E911 call.
Porting. Under FCC rules you will able to transfer (or “port”) the Purple or ZVRS ten-digit number assigned to you to a default provider other than the Company. If you already have a ten-digit telephone number from a VRS provider other than the Company but would like to select the Company as your default provider you are able to easily port your telephone number to the Company — please contact Purple’s Customer Care at 877-885-3172 or support@purplevrs.com, or ZVRS’s Customer Experience Team (CET) at 866-932-7891 or support@zvrs.com, and they will assist you to port your number. PLEASE NOTE: If you elect to port your Purple or ZVRS ten-digit number assigned to the Software and device to another VRS provider, several of the features of the Software may no longer be fully functional.
911/E911 Emergency Calls. If you need to place an emergency call, you can dial the emergency 911/E911 number through your Software. To make sure your 911/E911 call is routed to the proper emergency response center and to make sure that the emergency response personnel can send help to your physical location, the Company (as your default provider) needs to obtain the address (the Registered Location) from where you are placing the emergency call. It is very important that you provide your Registered Location to your default provider; and if you change your physical location you should provide your new location to your default provider as soon as possible as it will take some time for the provider to update its records (which could affect the ability of the default provider to send your Registered Location to an emergency response team) — you can update your registered location (physical location) in the Settings > Name & E911 Address area of the application, in your account profile on the web at www.zpconnect.com or by contacting Purple’s Customer Care at 877-885-3172 or support@purplevrs.com, or ZVRS’s Customer Experience Team (CET) at 866-932-7891 or support@zvrs.com, and they will assist you to update or change your Registered Location.
More information on the FCC rules on default providers, 911/E911 emergency calling and 10 digit calling can be found on the FCC website: http://www.fcc.gov/guides/ten-digit-numbering-and-emergency-call-handling-procedures-internet-based-trs.
PLEASE NOTE: LIMITATIONS OF RELAY- BASED 911/E911 CALLS.
The Company advises you that any 911/E911 emergency call should be made through a traditional text telephone (“TTY”), or (if a TTY is not available) through a standard telephone, when possible. Dialing 911 from a TTY or traditional phone remains the most reliable and fastest method of reaching emergency response personnel. If you use the Software on a mobile device to place a 911/E911 call, you should be aware that any such use is subject to important limitations and risks.
Technical and Other Trouble or Errors. It is possible that your location and any telephone number associated with the Software and mobile device may not be automatically passed to the emergency service center or personnel when you use the Software and mobile device to place a 911/E911 emergency call. This could be due to many reasons including without limitation technical difficulties, device malfunction, equipment malfunction, Software problems or corruption or human error. Technical errors may include a network outage or power outage, or degradation of your Internet service for another reason, cancellation or suspension of your broadband or ISP service or if your access or use of the device has been terminated, suspended, restricted, or cancelled, or if the device has been disabled, opened, altered or otherwise modified. Human error may include misinterpretation, mistakes, or your inability or unwillingness to provide the interpreter your address; in each case the Company may not be able to obtain your location or other relevant information and/or provide that information it to the appropriate emergency personnel.
Other providers. If you do not elect the Company as your default provider but use the Software and mobile device to place a 911/E911 emergency call via the Company, the Company will likely not have access to your Registered Location in which case the interpreter will have to try and obtain that information during the 911/E911 emergency call and then route the call as quickly as possible to the correct emergency response center by trying to locate the appropriate emergency response center based on the provided phone number.
Limitation and Waiver of Liability for 911/E911 Calls. If possible, 911 emergency calls should be made through a traditional text telephone (“TTY”), or (if a TTY is not available) a standard telephone. Dialing 911 from a TTY or traditional phone remains the most reliable and fastest method of reaching emergency response personnel.
If you use the Software and mobile device to make a 911/E911 call using any VRS or TRS provider, including the Company’s VRS or TRS services, the Company is not liable for any claim, damage or loss arising from your use of the Software and mobile device to facilitate that call. This liability limitation includes any liability in tort, contract, or otherwise for any property damage, personal injury or death arising out of or related to use of the Software and mobile device to make a 911/E911 call, or the provision of any VRS, VRI, TRS or interpreting services incident relating to any such emergency call. This liability limitation extends, without limitation, to acts or omissions involving (1) the development, design, installation, operation, maintenance, performance, or provision of the Software, or any VRS, VRI, TRS or interpreting services provided in connection with a 911/E911 call or the provision of emergency services; (2) interruptions, delays, transmission errors, network outages, failures, defects, technical difficulties, acts of God, human error, misinterpretation, mistakes, or other occurrences, regardless of the source of the occurrence, that might arise during the handling or transmission of a 911/E911 emergency call; and (3) release to an emergency response center or emergency center personnel, emergency medical service provider or emergency dispatch provider, public safety, fire service or law enforcement official, or hospital emergency or trauma care facility public safety answering point, designated statewide default answering point, of any user information related to 911/E911 calls or to the delivery of emergency services. The Company is also not liable for any error in the transmission or interpretation of any information pertaining to the emergency, including but not limited to: location, identifying information such as names, nature of emergencies, or any other details shared during the call. In addition, the Company is not liable for any damages arising from your failure to provide the Purple Service an accurate, up-to-date Registered Location, or for your failure to give permission for a Purple or ZVRS application to access your device’s location information. For information about how to update your Registered Location, please refer to the ZP Relay Terms at: https://zpconnect.com/relay-terms.
