SDReporter is available as a free evaluation download directly from our website. This evaluation copy will process 120,000 minutes of call volume per day without a commercial license.
For a commercial license with faster CDR processing performance, please contact us today.
To download your free evaluation of SDReporter, please complete the following form and accept the license agreement below.
*New* SDReporter 7.3 is now available
TransNexus - Software License Agreement
THIS SOFTWARE LICENSE AGREEMENT (the "Agreement") is made between the company you represent (“User”) and TransNexus, Inc (“TransNexus”), a Delaware corporation located at 75 Fifth Street, NW; Atlanta, Georgia, 30308, USA, and establishes the terms and conditions of User’s access to and use of all TransNexus Software (the “Software”) and any demonstration versions of the Software (the “Demonstration Software”) and accompanying documentation (“Documentation”). The Software and Demonstration Software are collectively referred to as the “Licensed Programs.”
BY SIGNING THIS DOCUMENT, USER REPRESENTS THAT USER HAS READ AND UNDERSTANDS THIS AGREEMENT, AND THAT USER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF USER DOES NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, USER MUST NOT INSTALL OR USE THE LICENSED PROGRAMS AND USER MUST RETURN TO TRANSNEXUS ANY COPIES OF THE LICENSED PROGRAMS AND DOCUMENTATION OBTAINED FROM TRANSNEXUS.
1.Best Practices and Notifications
1.1Application Access Control
TransNexus recommends that every user of TransNexus software maintain strict access control of TransNexus applications in a production environment. TransNexus staff will not directly access the end user’s applications in production for training and technical support unless the end user agrees that TransNexus will not be held liable for any routing or rating errors, loss of data, interruption of service, unauthorized network access, losses, expenses or accidents that may result from TransNexus technical support, access, advice, training, assistance or negligence.
The NexOSS application includes tools for automating the provisioning of rate plans directly from Microsoft Excel files to the database used by NexOSS. The rate provisioning tool includes error checking features, but cannot replace operator responsibility for checking the validity and accuracy of rate plans before they are committed to the database. The end user is responsible for the validity and accuracy of rate plans provisioned to the NexOSS database.
1.3Near Real Time Features
TransNexus applications are designed to generate near real time alerts and routing policy changes based on Fraud Detection, Call Completion, Quality of Service and customer credit. The timeliness of these features is fully dependent on the resources of the server hosting TransNexus software. Near real time reporting features and automated changes to routing policy are dependent on server resources adequately sized for the processing load. The end user of TransNexus software should monitor server CPU utilization, memory utilization and I/O wait statistics to ensure that the server hosting TransNexus software has sufficient resources for near real time features.
1.4Temporary Software License Keys
Under some circumstances, such as when an end user transitions software to different servers or needs to rent a short term licensed capacity increase to accommodate an anticipated spike in traffic, it may be necessary for TransNexus to issue a temporary software license key. When the temporary software license key expires the TransNexus software will stop working which might negatively impact the end user’s operation. TransNexus is not responsible for tracking the expiration of temporary license keys for resellers or end users. It is the responsibility of the end user to be aware of when a temporary license key will expire, how the software will stop working and how to avoid an interruption in service by replacing the temporary key with a permanent license key.
Normal operation of TransNexus software will generate a significant amount of operating data in the form of call detail records (CDRs), rate plans, reports, log files, back-up configuration files and other data. The operating data from normal operation of TransNexus software will eventually consume all disk space on the servers hosting TransNexus software unless routine data maintenance is performed by the end user to remove excess operating data. TransNexus and related software, such as Oracle, may experience errors such as lost CDRs, lost routing table data and lost rate plans if no disk space is available. It is the end user’s responsibility to perform routine data maintenance, to monitor and to maintain available disk space on the servers hosting TransNexus software.
TransNexus releases several new versions of its software products each year. TransNexus provides technical support and software maintenance for four years after each software version release. Four years after a software version is released it is deemed End Of Life (EOL) and should be replaced by a newer release of TransNexus software. TransNexus does not support software which has reached EOL
2. Grant of License. TransNexus grants User a non-exclusive, non-transferable, revocable license to use the Licensed Programs as provided herein, exclusively for its own internal business use. User may download and use the Demonstration Software free of charge for the sole purpose of evaluation. After payment of a license fee, User may use the Software running in a single instance on a single host computer. The Licensed Programs and Documentation are protected by copyright. User acknowledges and understands that this Agreement does not grant User any right of access to any other services or products of TransNexus. Any access to and use of TransNexus services shall be governed by terms of an applicable TransNexus User Agreement.
3. Restrictions. User may not loan, lease, sell, sublicense, assign, distribute or otherwise transfer the Licensed Programs, Documentation, or copies thereof to third parties, nor reverse engineer, modify, decompile or disassemble the object code, or otherwise attempt to or allow a third party to discern the source code of the Licensed Programs. Further, User may not reproduce all or any portion of the Licensed Programs (except as expressly permitted in this Agreement) or the Documentation. User agrees to use reasonable care and protection to prevent the unauthorized use, copying, publication or dissemination of the Licensed Programs and Documentation. User may not transmit the Licensed Programs over a network, by telephone, or electronically using any means. User agrees to notify its employees and agents who may have access to the Licensed Programs of the restrictions contained in this Agreement and to ensure their compliance with these restrictions.
4. Ownership Rights. TransNexus retains all rights, title, and interest in and to: (i) the Licensed Programs and Documentation including, without limitation, all modifications thereto and copies; and (ii) all copyrights, trademarks, service marks, trade secrets, patents and other intellectual property rights with respect to TransNexus, the Licensed Programs, and the Documentation (together, “Proprietary Rights”). User shall have no right, title, or interest in the Licensed Programs, Documentation, or Proprietary Rights and User waives all rights to challenge TransNexus’s ownership of all rights, title, and interest to the Licensed Programs, Documentation, and Proprietary Rights.
5. Warranties and Disclaimer. For a period of sixty (60) days from delivery of the first key used with the Software, TransNexus warrants that the Software will conform in all material respects to the Documentation, provided that User is using the Software in compliance with this Agreement and the Documentation. User’s sole and exclusive remedy and TransNexus’s entire liability for any breach of the warranty set forth in this section shall be, at the sole option of TransNexus, the replacement of the Software or a refund of the license fees paid by User for the Software. EXCEPT AS SET FORTH IN THIS SECTION, TRANSNEXUS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE LICENSED PROGRAMS WILL MEET ALL THE REQUIREMENTS OF USER, OR THAT THE USE OF THE LICENSED PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE.
6. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL TRANSNEXUS BE LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) IN ANY WAY RELATED TO THIS AGREEMENT WHETHER IN CONTRACT OR IN TORT, REGARDLESS OF WHETHER TRANSNEXUS WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL THE LIABILITY OF TRANSNEXUS UNDER THIS AGREEMENT, WHETHER ARISING OUT OF BREACH OF CONTRACT (INCLUDING BREACH OF WARRANTY) OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), EXCEED ONE US DOLLAR. These limitations shall apply notwithstanding any failure of essential purpose of any remedy.
7. Term and Termination. The term of the license for the Demonstration Software shall expire upon the expiration date embedded in the Demonstration Software or upon User’s installation of a key to use the Software, whichever occurs first. The term of the license for the Software shall be the duration of the key(s) User purchases from TransNexus. TransNexus may terminate this Agreement and User’s license(s) to use the Licensed Programs if User breaches this Agreement or a TransNexus User Agreement. Upon expiration or termination of this Agreement or any license of the Licensed Programs, User shall cease all use of the Licensed Programs, return to TransNexus the Licensed Programs (including without limitation all Documentation and related materials furnished by TransNexus to User), certify to TransNexus that it has erased or otherwise destroyed all copies of the Licensed Programs, and take such other actions as TransNexus may reasonably request to ensure that no copies of the Licensed Programs created by User exist.
8. Entire Agreement. This Agreement, together with any applicable exhibits or purchase orders relating to the Software, embodies the entire understanding between the parties with respect to, and supersedes any prior understanding or representation, oral or written, relating to the Licensed Programs. In the event of a conflict between the Agreement and any purchase order, the terms of this Agreement shall govern.
9. Governing Law. This Agreement is governed and construed under the laws of the State of Georgia, U.S.A., excluding its conflicts of law principles, and User further consents to jurisdiction by the state and federal courts in the State of Georgia. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.
10. Equitable Relief. In addition to any other remedies, in the event of any violation or threatened violation of this Agreement, TransNexus shall be entitled to seek injunctive and other equitable relief to restrain such breach by User without showing or proving any actual damages. User hereby waives the requirement that TransNexus post any bond in connection with such injunction or restraining order.
11. Additional Terms. Neither this Agreement nor any part or portion hereof may be assigned, sublicensed or otherwise transferred by User. This Agreement shall be binding upon and shall inure to the benefit of User’s partners, successors, and representatives. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court of competent jurisdiction, the validity and enforceability of the other provisions will not be affected thereby. Failure of a party to enforce any provision of this Agreement does not constitute and should not be construed as a waiver of such provision or of the right to enforce such provision. A waiver of any breach or covenant shall not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be signed by the party waiving its rights. Nothing herein shall be construed more strictly against or in favor of either party on the basis of authorship.
12. Export Laws. The Licensed Programs and the Documentation may not be exported or reexported in violation of the U.S. Export Administration Act and its implementing regulations.
13. Trademarks. TransNexus, OSP Nexus, OSP Toolkit NexOSS, NexTransit, OSPrey, LookAhead, SDReporter and ClearIP are trademarks of TransNexus, Inc.
14. Authority to Bind. THE PERSON ACCEPTING THIS AGREEMENT ON BEHALF OF USER REPRESENTS THAT HE/SHE HAS FULL AUTHORITY TO EXECUTE THIS AGREEMENT ON BEHALF OF USER AND TO LEGALLY BIND THE SAME AND THAT HE/SHE HAS READ AND UNDERSTANDS ALL OF ITS TERMS AND PROVISIONS.