To register and download Agile Config Software, a program developed by TP-LINK Tecnologia do Brasil) "TP-LINK", the user must accept the terms and conditions set forth below.
This term is the instrument of rights and duties to this software, and any user who downloads it, provided that it is registered and approvedby TP-LINK, the user will be obliged to follow the terms established below.
1.1. The rules and conditions will be considered accepted by you, user of TP-LINK solution, by registering yourself, even if the conditions are modified. This term has the purpose to ensure the safety of every user. So, if you do not agree with it, do not use or access the solution.
1.2. Your register is untransferable, which means that if you are using third party’s name and information without prior and express consent, your action you be held as a fraud and it won’t be valid.
1.3. This document will remain in force indefinitely, it may be modified at any time, without prior notice, and will keep its terms and conditions up to date, and it is YOUR sole responsibility to check its updates.
1.4. TP-LINK may at any time, in its sole discretion, modify or terminate these Terms and Services regarding any user, by not offering or denying access to Agile Config Software, without prior or subsequent information.
1.5. TP-LINK may charge for using the platform and / or specific functionalities at any time, and therefore it will solely notify the user to do so. Providing the software free of charges is a choice made by TP-LINK.
2. CONDITIONS OF USE
In order for you to use the features of Agile Config Software, you must register on the website and agree to provide complete and accurate information, and also to update them whenever you need.
2.1. Leaving any data blank or filling an incorrect name or on behalf of a third party without prior express authorization forwarded to TP-LINK, is a violation of these terms, which may result in the immediate cancellation of your register. It may also result in legal or administrative liability.
2.2. The TP-LINK software is intended for commercial and personal use by the “Software Use License ''. You may not modify, copy, distribute, transmit, reproduce, publish, license, create, derivative works, transfer or sell any information, software, products or resources obtained from the use of the software. The user will only have access to Agile Config after TP-LINK’s approval. In case the user isn’t qualified by the due standards, the access will be denied.
3. COPYRIGHTS AND INTELLECTUAL PROPERTY
3.1. TP-LINK brand, software, technology and Agile Config Software technology development exclusive ownership belong exclusively to TP-LINK.
3.2. The software created by TP-LINK contains copyright content, trademarks, patents and trade secrets. All copyright notices must be followed by you, keeping all the information and restrictions
3.3. You must follow and maintain all copyright notices, information, and restrictions held in any content accessed by this product.
3.4. According to these terms, TP-LINK grants each user a "Software Use License Right" concession, within the limits of the Brazilian Legislation and of this Agreement. This worldwide license is non-exclusive, non-sublicensable and non-transferable, for commercial use only.
3.5. The user is specifically prohibited to use, reproduce, modificate, distribute or storage content without prior written consent from TP-LINK or the copyright holder, if applicable.
3.6. You must not sell, license, provide or otherwise use or exploit any software content for commercial purpose (profitable or non-profitable) or in any way that violates TP-LINK's rights without previous consent.
3.6.1. If it is proven that the user has made the software available to other companies, including competitors, without consent, the user shall pay a non-compensatory fine worth of R$ 500,000.00 (five hundred thousand reais), and may be required present in Brazilian Court.
3.7. TP-LINK may freely assign the "Right to Use Software License" regardless any interference from third party and / or partner with such assignment including, but not limited to - intellectual, industrial, TP-LINK's copyright right to the software, at any time.
4. ACCESS RESTRICTION
TP-LINK reserves the right to restrict the user's access at any time without notice.
4.1. In case another user violates your rights, you shall submit a complaint through the contact form so that TP-LINK may investigate the complaint and take appropriate action.
5. USER LIABILITY
You agree and understand that you are solely liable for complying with the law, rules, regulations and legal obligations that may apply to you when using this software. You estate that:
5.1. You’re legally able to accept all the conditions delimited in this instrument.
5.2. You will not access our software to use, display, or allow the use or disclosure of any TP-LINK Content;
5.3. You will not use, copy or store the software for other purposes which are not expressly authorized by these Terms;
5.4. You will not use, display, or reproduce the website or any of the band’s element, without TP-LINK previous written consent;
6. LIMITATION OF LIABILITY
TP-LINK shall not be liable to any incidental, indirect, special, legal, or consequential damages whatsoever, regardless of cause, including, lost or damaged data.
7. GENERAL PROVISIONS
7.1. In case of any legal claim resulted by actions against these terms, to which case TP-LINK is considered guilty, it shall be able to set off. The user agrees to a penalty clause of the conviction plus 1/3. The penalty clause remains valid as an EXTRAJUDICIAL TITLE.
7.2. Eventual tolerance by any of the parties regarding obligations, rights and / or duties of the other one, will take effect isolated and it won’t constitute a renunciation or this agreement’s novation.
7.3. This agreement obligates heirs and / or successors, and they may not transfer, in whole or in part, the rights and obligations arising from it, except with prior written consent of the other party.
7.4. This Agreement is the entire Agreement between the parties to which this Agreement refers and supersedes any prior or contemporaneous communication between the parties, even if in writing. There are no other conditions, agreements, representations or warranties, express or implied, except as written in these terms.
7.5. This Agreement may only be modified by a written document made solely for this purpose between Reseller and TP-LINK. By clicking in "I ACCEPT", you are aware that you have read these Terms and fully commit your company to it.
7.6. The Portuguese version of this Agreement is the authentic one, and if there is any conflict of interpretation between the English and Portuguese versions, the Portuguese one will prevail.
7.7. All conflicts related to these terms or occurred due to it, directly or indirectly, will be handled by confidential mediation, according to the terms established in “Regulamento de Mediação da Câmara de Conciliação, Mediação e Arbitragem CINDES/FINDES. In case the controversy isn’t solved, conflicts will be managed by confidential arbitration, administered by the Conciliation, Mediation and Arbitration Chamber CINDES/FINDES, as stipulated in its Regulation and the Law n. 9.307/96. The procedure will be conducted by one to three arbitrators, who will be indicated following the steps previously established. The Arbitration will occur in Vitória-ES.