Welcome to the Thrutu Public Beta

End User License Agreement ("Agreement")


This is the End User License Agreement for the Thrutu Public Beta Release. Please read the terms of the Agreement carefully before clicking the "Accept" button or downloading or using the Thrutu application ("Thrutu"). If you do not agree to the terms of this Agreement, please do not click the "Accept" button or download or use Thrutu. This is a legally binding contract between you and Data Connection Ltd. doing business as Metaswitch Networks ("Metaswitch").


Thrutu is not intended for use by persons under the age of thirteen (13). If you are under 13 years old, you may not use this application or provide Metaswitch with any personal information. If you are 13 or older but not of legal age to enter into a contract, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.


By installing, copying, or otherwise using Thrutu, you affirm that you are either over the age of majority in your jurisdiction of residence or are an emancipated minor or possess legal parental or guardian consent, and that you are fully able and competent to enter into the terms and conditions of this Agreement, and you agree to be bound by all of the terms and conditions of this Agreement.


1. Public Beta Disclaimer. You understand and acknowledge that Thrutu is being provided as a public beta and is made available on an "AS IS" and "AS AVAILABLE" basis. Thrutu may contain errors or inaccuracies that could cause failures, corruption or loss of data and/ or information from your device and from peripherals (including without limitation, servers and computers) connected to it. You should back up all data and information on your device and any peripherals prior to using Thrutu. YOU USE THRUTU AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW THRUTU IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THRUTU IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.


2. Changes. Metaswitch reserves the right to modify, suspend or stop Thrutu (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. You agree that Metaswitch has no liability to you or any third party for any modification or cessation of Thrutu. You acknowledge that Metaswitch has no express or implied obligation to provide or continue to provide Thrutu (or any part thereof) now or in the future and in addition Metaswitch may at any time, upon prior notice if required by applicable law, institute charges or fees for Thrutu.


3. Privacy and location. You consent to the collection and use of information about you and use of Thrutu in accordance with our Privacy Policy which you can find at www.thrutu.com/legal/privacy.php. Information collected when you use Thrutu may include technical or diagnostic information that Metaswitch may use to maintain, improve and enhance Thrutu. Thrutu accesses and uses your location information in order to customise the content you access through Thrutu. By using Thrutu you agree that Metaswitch may collect information about your location and use such information to provide customised content to you that you request. Metaswitch does not retain the location information longer than is necessary for such use. Metaswitch may also aggregate anonymous location and registration information after removing or obscuring you personally identifiable information to maintain, improve and enhance Thrutu


4. Feedback. As part of using Thrutu Metaswitch will provide you with the opportunity to provide feedback regarding your use of Thrutu. You agree that in the absence of any separate agreement to the contrary, Metaswitch is free to use any feedback you provide for any purpose.


5. License. Metaswitch grants you a non-exclusive, non-transferable, limited, revocable license to use for personal or non-commercial purposes Thrutu as provided to you by Metaswitch and in accordance with this Agreement. This license does not entitle you to receive from Metaswitch hard-copy documentation, technical support, telephone assistance, or enhancements or updates to Thrutu. You do not acquire under this Agreement any right, title or interest in Thrutu. This Agreement constitutes the entire agreement between you and Metaswitch and governs your use of Thrutu. If more than one license agreement was provided for Thrutu, and the terms vary, the order of precedence of those license agreements is as follows: a signed agreement, a license agreement available for review on the Thrutu website, a printed or electronic agreement that states clearly that it supersedes other agreements, a printed agreement provided with Thrutu, an electronic agreement provided with Thrutu. Metaswitch may terminate this Agreement at any time, for any reason or no reason. Metaswitch may also terminate this Agreement if you breach any of its terms and conditions. Upon termination, you shall lose access to Thrutu.


6. Restrictions. Without Metaswitch's prior written consent, you may not (and you may not permit anyone else to):

(i) copy, modify or create any derivative works of Thrutu or documentation, including customization, translation or localization;

(ii) decompile, disassemble, reverse engineer, "unlock", attempt to access or otherwise attempt to discover the source code for Thrutu (unless and to the extent only expressly permitted or required under applicable law);

(iii) redistribute, encumber, sell, rent, lease, sublicense or otherwise transfer rights to Thrutu; or

(iv) remove or alter any trade mark, logo, copyright or other proprietary notices, legends, symbols or labels in Thrutu.


7. Proprietary Rights. Title, ownership rights, and intellectual property rights whether registered or not in Thrutu shall remain with Metaswitch and/or its suppliers. Thrutu is protected by copyright, patent and other intellectual property laws and by international treaties.


8. Trade marks. You are granted no right or license to any of the Metaswitch trade marks (including without limitation Thrutu, Data Connection, Metaswitch Networks, Metaswitch and logos) and you further agree that you shall not remove or obscure or alter any proprietary notices that may be contained within Thrutu.


9. Content. You acknowledge that Thrutu may permit access to information and materials created and provided by you or third parties and that Metaswitch does not investigate, monitor, represent or endorse such content (including without limitation any websites accessed through Thrutu). Your access and use of such content is at your own risk and Metaswitch and its affiliates partners, suppliers and licensors shall have no liability to you or any third party arising out of or in connection with your access or use of such content. You understand that by accessing third party content you may encounter material that you or others may find offensive, indecent or objectionable and you may expose others to content they may find offensive, indecent or objectionable. You agree that Metaswitch and its affiliates partners, suppliers and licensors shall not have any liability to you or any third party for material that is found to be offensive, indecent or objectionable.


10. Prohibited Uses. You may not use, or encourage, promote, facilitate or instruct others to use Thrutu for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive. You agree that your use of Thrutu shall in no way and to no extent whether directly or indirectly adversely affect, impede or otherwise hinder or disrupt the functionality or performance of the Thrutu platform. Prohibited activities or content include:

(i) Illegal Activities. Any activities that violate any applicable laws, rules or regulations.

(ii) Harmful or Fraudulent Activities. Activities that may be harmful to other Thrutu users, operations, or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming), or engaging in other deceptive practices.

(iii) Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.

(iv) Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, offensive, indecent or otherwise objectionable.

(v) Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.

(vi) Spam. Spam-related activities, including the distribution, publication, sending, or facilitating of unsolicited mass e-mailings, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements.

(vii) Excessive Use. Usage that, in Metaswitch’s reasonable judgment, excessively uses or unduly burdens network capacity or bandwidth, or otherwise adversely impacts the quality and use of Thrutu by other Thrutu users.

(viii) Security Violations. Use of Thrutu to violate the security or integrity of any network, computer or communications system, software application or network or computing device.

(ix) Commercial or Unauthorized Use. Use of Thrutu for any revenue generating endeavour, commercial enterprise or other purpose which is not authorized under this License Agreement or for which it was not designed.

(x) Network Abuse. Use of Thrutu to carry out network abuse, including denial of service attacks or intentional interference with the proper functioning of any network, computer or communications system, software application, or network or computing device.


11. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL METASWITCH ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS AND SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THRUTU, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE METASWITCH'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE SUM OF THE FEES YOU PAID FOR THIS LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


12. Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS METASWITCH AND ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS AND SUPPLIERS FROM ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LOSS, LIABILITY, DAMAGES EXPENSES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF THRUTU, YOUR VIOLATION OF THIS AGREEMENT, YOUR VIOLATION OF LAW, YOUR NEGLIGENCE OR WILFUL MISCONDUCT, OR YOUR VIOLATION OF ANY RIGHTS OF ANY PERSON OR ENTITY. YOU AGREE TO NOTIFY METASWITCH IMMEDIATELY OF ANY SUCH BREACH OR VIOLATION KNOWN TO YOU.


13. Export restrictions. You acknowledge that Thrutu may be subject to U.S. and other countries' export and import laws. You agree to comply with all applicable international and national laws that apply to Thrutu, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. You also agree that you will not use Thrutu for any purposes prohibited by U.S. or other applicable countries' laws.


14. Miscellaneous. Metaswitch may update or change this Agreement from time to time and recommends that you review the Agreement on a regular basis. You understand and agree that your continuous use of Thrutu after the Agreement has changed constitutes your acceptance of the Agreement as amended. This Agreement shall be governed by the laws of the Commonwealth of Virginia applicable to contracts made and to be performed entirely in the Commonwealth of Virginia provided however that no application of conflicts of laws principles shall be effective to modify the application of Virginia law to this Agreement. The parties submit to jurisdiction and venue in the Commonwealth of Virginia. In the event that there is no other effective manner of service, you hereby appoint the Secretary of the Commonwealth of Virginia as your agent for purposes of service of process. If any provision in this Agreement should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. If you have any questions concerning this Agreement, or if you wish to contact Metaswitch for any reason, please use the address information on the World Wide Web at http://www.metaswitch.com.