XMan, XPort, XTools, XCom: Utility software for TELESIS Systems. Xymphony, XMan, XPort, XTools and XCom are registered trade marks and software products of TELESIS.

All license orders are subject to acceptance by - TELESIS - (Seller). Any acceptance by Seller of Buyer`s order is expressly made conditional on Buyer`s assent to any additional or different terms and conditions contained herein, and all sales and charges of the licenses listed herein shall be in the case of conflict between the terms and conditions of Buyer and Seller interpreted and governed exclusively by the terms and conditions contained herein. Seller shall not be bound by any terms and conditions proposed by Buyer, whether in its license purchase order or otherwise, which are additional to or different from the terms and conditions set forth herein, unless and only if accepted in writing by a principal officer of the Seller or his designated representative.

1. Quotations / Proforma Invoices and Published Prices

Quotations / Proforma Invoices are firm for fifteen (15) calendar days from the date issued unless otherwise stated in the quotation / proforma invoice, and are subject to price withdrawal by notice within that period. Seller reserves the right to unilaterally extend such quotation up to 2 months from the date of issuance. Prices shown on published price lists and other published literature provided by the Seller are not unconditional offers to sell, and are subject to change without notice.

The Seller`s prices for the licenses, unless otherwise specified, do not include shipping, insurance, installation, training, maintenance service charges and any other taxes, which may arise.

2. Terms of Payment

Except as otherwise provided in the quotation / proforma invoice, payment terms are IN ADVANCE. The USD account of the Seller is provided with the quotation / proforma invoice.

3. Issuing the Xop License Files

XOP license files are generated and delivered to the Buyer via e-mail within TWO (2) working days after the receipt of the XID license request files and receipt of the payment, unless otherwise stated. The Seller will use reasonable efforts to meet the indicated delivery dates, but cannot be held responsible for its failure to do so. Title to the products and risk of loss or damage shall pass to Buyer upon transmitting the license files via e-mail to the address provided by the Buyer. E-mail address must be valid as it will be used for communication purposes too.

4. Electronic Data Interchange/Facsimile (Fax)

Orders placed hereunder by Buyer may be transmitted electronically and in such event, such orders shall be subject to our standard terms and conditions, and shall reference to the Quotation / Proforma Invoice Number. Orders and other communications may be transmitted and confirmed by fax.

5. Limitation of Liability

Seller shall not in any event be liable for incidental, consequential or special damages of any kind resulting from any use or failure of the use of the licenses, even if Seller has been advised of the possibility of such damage including, without limitation, liability for loss of use, loss of work in progress, loss of revenue or profits, failure to realize anticipated savings, loss of Buyer property or any liability of Buyer to a third party, or for any labor or any other expense, damage of loss occasioned by such products including personal injury or property damage.

6. Refund Policy

The Seller does not issue refunds after the XOP file is generated, which the Buyer is responsible for understanding upon purchasing licenses. All license payments are non-refundable.

7. Licensing Terms - License Agreement

IMPORTANT: If the Buyer do not agree to the terms of this end-user license agreement, he must not upload the XOP license file which is provided to enable the optional parts of the Xymphony operating system software on the TELESIS Systems.

IMPORTANT: The parties to this agreement are:

The Buyer: Reseller or Dealer who purchased TELESIS Systems which incorporates the Xymphony operating system software and,

The Seller: TELESIS for supplying the operating system software Xymphony for the TELESIS Systems. The following optional parts of the Xymphony are licensed, not sold:

Analog subscriber (FXS) port expansions and/or additions
Analog DC loop trunk (FXO) port expansions and/or additions
Digital subscriber port expansions and/or additions
Analog E&M trunk port expansions and/or additions
ISDN basic rate S/T interface expansions and/or additions
ISDN basic rate U interface expansions and/or additions
TDM-VOIP gateway channel expansions and/or additions
DVR channel expansions and/or additions
Enabling VoIP Media Encryption
ETSI FSK encoders
ETSI FSK decoders
DVR auto voice recording channels
V5.2 Link
SS7 E1 interface
ISDN E1 interface
CAS E1 interface
Companion (Xymphony-API client)
WebPhone concurrent call channels expansions and/or additions
License sharing in system with redundant control and switching
any others, which are not mentioned here

This license agreement describes the Buyer`s rights with respect to the software product. The Seller grants the Buyer the following rights:

use of Xymphony, with its options limited by the invoiced amounts, on a single TELESIS System that the Buyer have purchased,
install and use of XMan and XPort on any number of computers.

Certain parts of the software which deliver particular functionality to a particular TELESIS System are technologically secured to prevent their unlicensed use. The licensed optional parts of Xymphony should be enabled as detailed in technical documents. Otherwise the optional parts of the software terminate a short time after the TELESIS System is turned on.

By enabling the options the Buyer agrees to be bound by the terms of this license agreement.

If the TELESIS System`s control and switching module needs to be replaced for any reason than the optional parts of the Xymphony will have to be re-enabled for the new hardware configuration. The Seller employs these precautions to verify the Buyer`s licensed software options.

The Buyer can buy and increase the number of licenses in time. The options that are licensed for a particular TELESIS System can not be transferred partly or wholly to other TELESIS Systems .

The TELESIS software products are protected by copyright laws and international treaty provisions. All title and copyrights in and to the TELESIS software products, the accompanying printed materials, and any copies of the software product are owned by the Seller. The Buyer may not reverse engineer, decompile or disassemble the TELESIS software products. All rights not expressly granted herein are reserved by the Seller.

8. Support

Licenses are delivered `as is`, with no implied meaning that they will function exactly as the Buyer wish or with all 3rd party extensions/products. Furthermore, the Seller offers no support via email or otherwise for installation, customization, administration of licenses. The Seller reserves the right to respond and answer questions.

9. Validty of Orders

The construction, validity and performance of the Buyer`s order shall be governed by the laws of Turkey.

Telesis Telekomunikasyon Sistemleri San. ve Tic. A.S.

Licensing Terms