Singlewire InformaCast Advanced Service Schedule
This InformaCast Advanced Service Schedule (“InformaCast Advanced Service Schedule“) forms part of, and is incorporated into, the Agreement between Singlewire and Customer and is applicable only where Customer orders InformaCast Advanced Services.
1. Defined Terms. For purposes of this InformaCast Advanced Service Schedule the following capitalized terms shall have the meanings ascribed thereto. Other capitalized terms used in this InformaCast Advanced Service Schedule are defined in the contest in which they are used and shall have the meanings there indicated. Other capitalized terms used but not defined herein shall have the meanings given to them in the Singlewire Master Terms and Conditions (the “Terms“), available at https://www.singlewire.com/terms, the
(a) “Endpoints” means devices capable of receiving Notifications. Endpoints may include, without limitation, mobile devices (e.g., cellular telephones), telephones and internet-connected speakers, computers, audio paging interfaces and video displays.
(b) “InformaCast Advanced Content” means all text, audio, imagery, video and other information or content contained in a Notification or otherwise input by a Customer’s Users into the InformaCast Advanced Services.
(c) “InformaCast Advanced Materials” means the Documentation and any other documents, software, devices, works or materials provided or otherwise made available to Customer by Singlewire in connection with Singlewire’s provision and Customer’s receipt and use of the InformaCast Advanced Services under an Agreement.
(d) “InformaCast Advanced Services” means the InformaCast Advanced On-Premise Software Singlewire provides to Customer pursuant to an Agreement.
(e) “InformaCast Advanced Support Services” means the support and maintenance services Singlewire provides or otherwise makes available to Customer in connection with the InformaCast Advanced Services under an Agreement as more fully described in the Singlewire Support Services Schedule, available at https://www.singlewire.com/service-schedule-support.
(f) “Licensed Location(s)” means the IP address or addresses identified in the applicable Order Form from which Customer and Customer’s Users may use the InformaCast Advanced Services.
(g) “Notifications” are messages or other communications sent by Customer or Customer’s Users through or in connection with the use of the InformaCast Advanced Services.
2. InformaCast Advanced Services.
(a) License to InformaCast Advanced Materials. Subject to Customer’s compliance with the terms of the applicable Agreement, including, without limitation, this InformaCast Advanced Service Schedule, in addition to, and not in lieu of, any rights granted under the applicable Agreement, including, without limitation, the limited rights to access and use the InformaCast Advanced Services as specified in the Terms, Singlewire grants to Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable right to use the InformaCast Advanced Materials for Customer’s own internal business purposes, as described in the Documentation and solely in connection with Customer’s use of the InformaCast Advanced Services. Customer’s rights with respect to the InformaCast Advanced Materials shall terminate upon the expiration or earlier termination of the applicable Order Form.
(b) Copies.
(1) Subject to Customer’s compliance with the terms of the applicable Agreement, in addition to and not in lieu of the licenses and rights granted to Customer under the applicable Agreement with respect to the InformaCast Advanced On-Premise Software and the InformaCast Advanced Materials, Customer is permitted to make and maintain: (1) a single copy of the InformaCast Advanced On-Premise Software for emergency and backup purposes; and (2) a reasonable number of copies of the applicable Documentation to support Customer’s and Customer’s Users’ use of the InformaCast Advanced Services.
(2) Without limiting the foregoing, all copies of the InformaCast Advanced On-Premise Software and Documentation must: (1) be exact copies of the originals as provided by Singlewire; and (2) include all copyright and other proprietary notices, as well as all notices concerning third party rights and any restrictions on use, contained in the originals.
(c) Use of InformaCast Advanced Services.
(1) Usage Limits.
(a) Customer shall not, and shall not attempt to circumvent, any usage limits with respect to Customer’s use of the InformaCast Advanced Services set forth in the applicable Agreement(s) and Customer acknowledges and agrees that the InformaCast Advanced Services may include technological means of determining Customer’s compliance with the applicable Agreement(s).
(b) Customer shall not broadcast (communicate) Notifications to individual (unique) Endpoints in excess of the number of Endpoints specified in the applicable Order Form (the “Utilized Endpoints”). Without limiting anything set forth in the applicable Agreement(s), the number of Utilized Endpoints includes, where applicable, each Endpoint monitored through the CallAware feature available through the InformaCast Advanced Services.
(c) Customer acknowledges and agrees that Customer’s and Customer’s Users’ use of the InformaCast Advanced Services shall only occur from or at the applicable Licensed Location(s). Customer further acknowledges and agrees that changing a Licensed Location requires the issuance of new license keys from Singlewire, and, in the event Customer desires to change a Licensed Location, Customer must first contact Singlewire to request a new license key. Where Singlewire provides a new or replacement license key in connection with one or more changed Licensed Location(s), Customer and Customer’s Users shall not use, and, to the extent possible, shall destroy the prior license key and neither Customer nor any of Customer’s Users shall use the InformaCast Advanced Services from or at any replaced Licensed Location(s).
(2) Customer’s Users. Notwithstanding anything to the contrary in the applicable Agreement(s), with respect to the InformaCast Advanced Services, Customer’s Users shall be limited to Customer’s officers, employees and authorized contractors.
(3) Notifications. Without limiting anything set forth in the applicable Agreement(s), Customer agrees as follows:
(a) all InformaCast Advanced Content is the sole responsibility of Customer, including, without limitation, the integrity, legality and quality of all InformaCast Advanced Content;
(b) neither Customer nor any of Customer’s User’s will send, or attempt to send, any Notifications to: (1) any Endpoints via telephone line or telephone number other than for emergency purposes or with the prior express consent of the contacted party (where such consent has not been withdrawn or otherwise revoked); or (2) any telephone numbers that are emergency numbers or other numbers that may not be called using an automated system under applicable law;
(c) InformaCast Advanced Content shall not infringe the Intellectual Property rights of any Party or third party, violate any applicable laws, including, without limitation, any applicable privacy laws, conflict with any of Customer’s applicable privacy policies or notices or violate any Party’s or third party’s right to privacy;
(d) Singlewire has no obligation or liability for any loss, alteration, destruction, damage, corruption or recovery of any InformaCast Advanced Content. Without limiting the foregoing, under no circumstances will Singlewire or any of its service providers or suppliers be responsible for any loss, alteration, destruction, damage, corruption, recovery or loss of access to any such InformaCast Advanced Content or any damage or liability arising out of such InformaCast Advanced Content, including, without limitation, any mistakes or errors contained in any such InformaCast Advanced Content or the use or transmission of any such InformaCast Advanced Content, any such InformaCast Advanced Content that infringes the Intellectual Property rights of any Party or third party or the failure of a Notification to reach the intended Recipient(s); and
(e) Notifications and other communications made through or in connection with Customer’s use of the InformaCast Advanced Services are not considered secure communications and neither Customer nor any of Customer’s Users have any expectation of privacy in any Notifications sent or received through or in connection with the InformaCast Advanced Services.
(4) Prohibited Uses. Without limiting anything set forth in the applicable Agreement(s), Customer will not access or use or permit or attempt to access or use the InformaCast Advanced Services or InformaCast Advanced Materials:
(a) to engage in or facilitate any illegal, unethical, deceptive or misleading practices, including, without limitation, creating a false identity or forged contact information or message header or otherwise attempt to mislead others as to the identity of the sender or the origin of any Notification;
(b) in connection with any telemarketing, commercial messages, advertisements or solicitations, junk email, junk phone messages, spam or any unsolicited or harassing messages (commercial or otherwise); or
(c) in any manner which violates or facilitates the violation of any law, statute, ordinance, rule or regulation, including, without limitation, the CAN-SPAM Act, the Telephone Consumer Protection Act, the Do Not Call Implementation Act, the Health Insurance Portability and Accountability Act, law governing export control and any related rules or regulations.
(d) Updates.
(1) During the term of the applicable Agreement(s), Singlewire will provide or otherwise make available to Customer updates, revisions, and enhancements to the InformaCast Advanced Services and applicable Documentation (collectively, “InformaCast Advanced Releases“) if and when Singlewire makes any such InformaCast Advanced Releases generally available.
(2) Subject to the terms of the Singlewire Support Services Schedule, Singlewire may provide patches and fixes to Customer for reproducible errors that result in the InformaCast Advanced Services not operating in substantial conformance with the then-current applicable Documentation (collectively, “InformaCast Advanced Patches”).
(3) InformaCast Advanced Releases and InformaCast Advanced Patches (collectively, “InformaCast Advanced Updates“), if any, are hereby deemed part of the InformaCast Advanced Services or Documentation, as applicable.
(4) In the event Singlewire makes an InformaCast Advanced Update available to Customer, Singlewire will notify Customer of the availability of such InformaCast Advanced Update via email, through a notification provided within the InformaCast Advanced Services or, at Singlewire’s discretion, by telephone or other direct communication. Upon Singlewire providing such notification or otherwise providing Customer an InformaCast Advanced Update, Customer shall promptly use commercially reasonable efforts to test, install and implement production use of such InformaCast Advanced Update and discontinue any and all use of any InformaCast Advanced Services or Documentation which has not implemented the applicable InformaCast Advanced Update.
(5) Notwithstanding anything to the contrary herein:
(a) Singlewire shall have the right to withdraw any InformaCast Advanced Update in the event of an emergency, which may include, without limitation, an InformaCast Advanced Update that may negatively impact: (1) the functionality of the InformaCast Advanced Services; (2) Customer; or (3) Singlewire;
(b) Singlewire may, but is not obligated to, automatically apply any InformaCast Advanced Update to any InformaCast Advanced Services; and
(c) Customer is responsible for acquiring at its own cost and expense any updated or additional hardware, software, firmware or other components necessary to test, install or implement production use of any InformaCast Advanced Update.
(e) Passive Conduit. Customer acknowledges and agrees that the InformaCast Advanced Services are merely passive conduits for the distribution and transmission of InformaCast Advanced Content via Notifications sent through or in connection with Customer’s and Customer’s Users’ use of the InformaCast Advanced Services.
(f) No Reliance. Without limiting anything set forth in the applicable Agreement(s), Customer acknowledges and agrees that Customer’s acquisition of the right to use the InformaCast Advanced Services was not made in reliance on an expectation Singlewire will provide or otherwise make available any additional features or functionalities to the InformaCast Advanced Services in the future or on any statements made by Singlewire regarding the possibility of any such future features or functionalities.
3. Support and Maintenance. During the term of the applicable Agreement(s), Singlewire will provide or otherwise make available to Customer the InformaCast Advanced Support Services in accordance with the applicable terms and conditions set forth in the Singlewire Support Services Schedule.
4. Expiration or Earlier Termination of Applicable Agreement(s).
(a) Subject to the terms of this Section 4, unless earlier terminated in accordance with the terms of the applicable Agreement(s), Customer’s and Customer’s Users’ license to use the InformaCast Advanced Services shall continue during the term specified in the applicable Order Form.
(b) Notwithstanding the foregoing, in the event the license to use the InformaCast Advanced Services under an Agreement is granted to Customer on a subscription basis, subject to Customer’s and Customer’s Users’ compliance with the terms of the applicable Agreement, Customer and Customer’s Users may use the “advanced” functionality of the InformaCast Advanced On-Premise Software until the applicable Agreement expires or is earlier terminated provided that Customer pays the applicable subscription fees and the Customer continues to license the InformaCast Advanced Services on a subscription basis. Upon the expiration or earlier termination of the applicable Agreement: (1) subject to Customer’s agreement to and compliance with the applicable license agreement provided to Customer by Cisco Systems, Inc., or its successor or reseller, Customer and Customer’s Users may use the “basic” functionality of the InformaCast Advanced On-Premise Software; or (2) in the event Customer’s or Customer’s Users’ use of the InformaCast Advanced On-Premise Software in connection with an unsupported version of Cisco Unified Communications Manager, as indicated in the Documentation, Customer and Customer’s Users shall cease all use of the InformaCast Advanced On-Premise Software.
(c) Upon termination of Customer’s license to use the InformaCast Advanced On-Premise Software, Customer shall: (1) remove and destroy all copies of the InformaCast Advanced On-Premise Software and InformaCast Advanced Materials from memory and/or storage in Customer’s computer systems; and (2) at Singlewire’s request, provide Singlewire with certification from an officer of Customer’s organization that Customer has fully complied with the foregoing.
Last Updated October 2023