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| Kryptext
END USER LICENCE AGREEMENT |
| FAIR INTERNET
PRODUCTS |
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REDISTRIBUTION
NOT PERMITTED
Software Licence for
Fair Internet Products
IMPORTANT --
READ CAREFULLY BEFORE USING THIS SOFTWARE:
This Licence Agreement for certain Fair
Internet Products ("Licence Agreement")
is a legal agreement between you (either
an individual or an entity) and Fair Internet
and its suppliers and licensors (collectively
"FI" or "Fair Internet")
for the Fair Internet software which may
include components provided by suppliers
and licensors to FI ("Software").
The Software may include any of the following
Fair Internet products including any combination
of such products and Alpha, Beta, trial,
pre-release, free, pay and premium versions
of the products (collectively, "Fair
Internet Products"): Kryptext ( "Kryptext"),
and Kryptext for Pocket PC. You may install
only ONE copy of the Software. By clicking
on the "Accept" button, installing,
copying or otherwise using the Software,
you agree to be bound by the terms of
this Licence Agreement.
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IF
YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE
AGREEMENT, CLICK ON THE "CANCEL" BUTTON
AND/OR DO NOT INSTALL THE SOFTWARE.
YOU AGREE TO BE BOUND BY THE "TERMS OF SERVICE
FOR Kryptext SERVICES" ATTACHED HERETO AS EXHIBIT
A.
PERSONAL INFORMATION YOU PROVIDE TO FAIR INTERNET
IS GOVERNED BY THE FAIR INTERNET PRIVACY POLICY
AT http://www.kryptext.com/privacy.html
YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES
THAT YOU HAVE READ THIS LICENCE, UNDERSTOOD IT,
AND AGREED TO BE BOUND BY ITS TERMS AND CONDITIONS.
ANY THIRD PARTY SOFTWARE, INCLUDING ANY THIRD
PARTY'S PLUG-IN, THAT MAY BE PROVIDED WITH THE
SOFTWARE IS INCLUDED FOR USE AT YOUR OPTION. IF
YOU CHOOSE TO USE SUCH THIRD PARTY SOFTWARE, THEN
SUCH USE SHALL BE GOVERNED BY SUCH THIRD PARTY'S
LICENCE AGREEMENT, IF AN ELECTRONIC COPY OF SUCH
LICENCE AGREEMENT IS INSTALLED IN THE APPROPRIATE
FI PRODUCT FOLDER ON YOUR COMPUTER UPON INSTALLATION
OF THE SOFTWARE. FAIR INTERNET IS NOT RESPONSIBLE
FOR ANY THIRD PARTY'S SOFTWARE AND SHALL HAVE
NO LIABILITY FOR YOUR USE OF THIRD PARTY SOFTWARE. |
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| 1. |
GRANT OF LICENCE. |
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FI
hereby grants to you a non-exclusive licence
to use the Software and any related documentation
("Documentation") subject to the
following terms: |
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| a) |
You may: (i)
use the Software on any single computer.
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| b) |
Any
direct use of Plug-Ins through a non-FI
proprietary application, including
a custom or user-written application
is prohibited by this Licence Agreement.
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| c) |
FI
may modify this Licence Agreement
with respect to free versions of the
Software upon 14 days written notice
to you, including notice via the communications
features described below. |
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| 2. |
LICENCE RESTRICTIONS. |
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| a) |
You
may not:
| (i) |
permit
other individuals to use the
Software except under the terms
listed above; |
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| (ii) |
modify,
translate, reverse engineer,
decompile, disassemble (except
to the extent that this restriction
is expressly prohibited by
law) or create derivative
works based upon the Software
or Documentation; |
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| (iii) |
copy the Software
or Documentation |
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| (iv) |
rent, lease,
transfer, or otherwise transfer
rights to the Software or Documentation; |
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| (v) |
remove
any proprietary notices or
labels on the Software or
Documentation. Any such forbidden
use shall immediately terminate
your licence to the Software.
The recording, playback and
download features of the Software
are intended only for use
with public domain or properly
licenced content and content
creation tools. You may require
a patent, copyright, or other
licence from a third party
to create, copy, download,
record or save content files
for playback by this Software
or to serve or distribute
such files to be played back
by the Software. |
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| b) |
You
agree that you shall only use the
Software and Documentation in a manner
that complies with all applicable
laws in the jurisdictions in which
you use the Software and Documentation,
including, but not limited to, applicable
restrictions copyright and other intellectual
property rights. |
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| c) |
Copies
of content files, including, but not
limited to songs and other audio recordings,
which are downloaded or copied using
the Software, and which are protected
by the copyright laws or related laws
of any jurisdiction, are for your
own personal use only and may not
be distributed to third parties or
performed outside your normal circle
of family and social acquaintances. |
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| d) |
You
may not use the Software in an attempt
to, or in conjunction with, any device,
program or service designed to circumvent
technological measures employed to
control access to, or the rights in,
a content file or other work protected
by the copyright laws of any jurisdiction. |
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| e) |
The
Software embodies a serial copying
management system. You may not circumvent
or attempt to circumvent this system
by any means. |
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| 3. |
ALPHA RELEASE
VERSIONS. |
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In
the event that the Software is an alpha
release version, the terms of this Section
shall apply. Your licence to use the Software
expires 30 days after installation (or such
other period as indicated by the Software)
and the Software may cease to function.
The Software you are receiving may contain
more or less features than the commercial
release of the FI Product that FI intends
to distribute. While FI intends to distribute
a commercial release of the Software, FI
reserves the right at any time not to release
a commercial release of the Software or,
if released, to alter features, specifications,
capabilities, functions, licensing terms,
release dates, general availability or other
characteristics of the commercial release.
You agree that the alpha release versions
are not suitable for production use and
may contain errors affecting their proper
operation. You agree that you will not do
anything to circumvent or defeat the features
designed to stop the Software from operating
after the licence expires. |
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| 4. |
BETA RELEASE OR PRE-RELEASE
VERSIONS. |
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In
the event that the Software is a beta release
or pre-release version, the terms of this
Section shall apply. Your licence to use
the Software expires 30 days after installation
(or such other period as indicated by the
Software) and the Software may cease to
function. The Software you are receiving
may contain more or less features than the
commercial release of the FI Product that
FI intends to distribute. While FI intends
to distribute a commercial release of the
Software, FI reserves the right at any time
not to release a commercial release of the
Software or, if released, to alter features,
specifications, capabilities, functions,
licensing terms, release dates, general
availability or other characteristics of
the commercial release. You agree that the
beta release or pre-release versions are
not suitable for production use and may
contain errors affecting their proper operation.
You agree that you will not do anything
to circumvent or defeat the features designed
to stop the Software from operating after
the licence expires. |
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| 5. |
AUTOMATIC COMMUNICATIONS FEATURES. |
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| a) |
The
Software consists of interactive Internet
applications that perform a variety
of communications over the Internet
as part of their normal operation.
A number of communications features
are automatic and are enabled by default.
By installing and/or using the Software,
you consent to the Software's communications
features. Once you log into the Software,
user information including your user
id will be sent in communications
with FI's servers. This information
is used to access your regular account,
premium content, non-premium content,
services, features, and other personalized
services. FI may match the user id
to personally identifiable information
in order to provide you with products,
services, and software that you're
entitled to and to provide you with
relevant information. You are responsible
for any telecommunications or other
connectivity charges incurred through
use of the Software. |
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| b) |
Auto
Update: The Kryptext, using Auto Update,
automatically communicates with FI's
servers on the Internet to check for
updates to FI's and FI partner's software,
such as bug fixes, patches, enhanced
functions, missing plug-ins and new
versions. Auto Update also has the
capability to run independently of
Kryptext to perform background update
checks. FI may download updates during
the background checks, when Kryptext
automatically communicates with FI's
servers, when you manually check for
updates, or when Kryptext detects a file
it does not support. Auto Update sends
information about installed Fair Internet'
products and components to the servers
to determine upgrade availability.
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| 6. |
SCHEDULER. |
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An
application Scheduler, known as "kryptext.exe,"
is installed along with Kryptext. Once installed,
it runs independently of Kryptext. The Scheduler
does not collect personal information or
communicate with Fair Internet' servers.
It is used to remind Auto Update and Message
Centre to perform their tasks at pre-scheduled
intervals. The Scheduler is also used to
automatically launch Fair Internet' Media
Type Helper. The Media Type Helper ensures
the system is configured for correct operation
of the Kryptext with Multi-Purpose Internet
Mail Extensions ("MIME") types,
file extensions, Internet protocols and
other media types. If a media type has been
assigned a different action by a different
application, Media Type Helper may override
the association and substitute its own association.
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| 7. |
TITLE. |
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Title,
ownership, rights, and intellectual property
rights in and to the Software and Documentation
shall remain in FI and/or its suppliers.
The copyright laws of the United Kingdom
and international copyright treaties protect
the Software and the Services. Title, ownership
rights and intellectual property rights
in and to the content accessed through the
Software and the Services ("Content")
including the content contained in the Software
media demonstration files, shall be retained
by the applicable Content owner and may
be protected by applicable copyright or
other law. This licence gives you no rights
to such Content. |
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| 8. |
WARRANTIES AND LIABILITIES. |
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| a) |
For the Pay and
Premium versions of Fair Internet
Products, the following terms apply:
LIMITED WARRANTY.
FI warrants that for a period of sixty-(60)
days from the date of acquisition
the Software, if operated as directed,
will substantially achieve the functionality
described in the Documentation. FI
does not warrant however that your
use of the Software will be uninterrupted
or that the operation of the Software
will be error-free or secure. FI also
warrants that the media containing
the Software, if provided by FI, is
free from defects in material and
workmanship and will so remain for
thirty (30) days from the date you
acquire the Software. |
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| (i) |
No
Other Warranties. NO OTHER WARRANTIES:
TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW FI AND ITS
SUPPLIERS DISCLAIM ALL OTHER
WARRANTIES EITHER EXPRESS OR
IMPLIED INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR
PURPOSE WITH REGARD TO THE SOFTWARE,
THE ACCOMPANYING WRITTEN MATERIALS
AND ANY ACCOMPANYING HARDWARE.
If you make any modifications
to the Software during the warranty
period; if the media is subjected
to accident abuse or improper
use; or if you violate the terms
of this Licence Agreement, this
warranty shall immediately terminate.
This warranty shall not apply
if the Software is used on or
in conjunction with hardware
or Software other than the unmodified
version of hardware and Software
with which the Software was
designed to be used as described
in the Documentation. THIS LIMITED
WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS; YOU MAY HAVE OTHER
RIGHTS THAT VARY FROM COUNTRY-JURISDICTION
TO COUNTRY-JURISDICTION. |
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| (ii) |
Customer Remedies.
FI's sole liability for a breach
of this warranty shall be in FI's
sole discretion:
| (i) |
to
replace your defective media;
or |
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| (ii) |
to
advise you how to achieve
substantially the same functionality
with the Software as described
in the Documentation through
a procedure different from
that set forth in the Documentation;
or |
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| (iii) |
if
the above remedies are impracticable,
to refund the licence fee,
if any, you paid for the
Software. Repaired, corrected
or replaced Software and
Documentation shall be covered
by this limited warranty
for the period remaining
under the warranty that
covered the original Software
or if longer for thirty
(60) days after the date
FI either shipped to you
the repaired or replaced
Software or advised you
as to how to operate the
Software so as to achieve
the functionality described
in the Documentation, whichever
is applicable. Only if you
inform FI of the problem
with the Software during
the applicable warranty
period and provide evidence
of the date you acquired
the Software will FI be
obligated to honour this
warranty. |
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LIMITATION
OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY WHETHER IN TORT CONTRACT OR OTHERWISE
SHALL FI OR ITS SUPPLIERS OR RESELLERS BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING WITHOUT
LIMITATION DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION
OR ANY AND ALL OTHER COMMERCIAL DAMAGES
OR LOSSES EVEN IF FI SHALL HAVE BEEN INFORMED
OF THE POSSIBILITY OF SUCH DAMAGES OR FOR
ANY CLAIM BY ANY OTHER PARTY. FURTHER, IN
NO EVENT SHALL FI'S LIABILITY UNDER ANY
PROVISION OF THIS AGREEMENT EXCEED THE LICENCE
FEE PAID TO FI FOR THE SOFTWARE AND DOCUMENTATION.
BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. |
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| b) |
For
the Free, Trial, Pre-Release, Alpha,
and Beta versions of Fair Internet
Products, the Services and the Content,
the following terms apply: |
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DISCLAIMER OF
WARRANTY & LIMIT OF LIABILITY. THE SOFTWARE,
DOCUMENTATION, SERVICES AND CONTENT ARE PROVIDED
AS IS WITHOUT WARRANTY OF ANY KIND. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
FI FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE
RISK ARISING OUT OF THE USE OR PERFORMANCE
OF THE SOFTWARE, DOCUMENTATION, SERVICES AND
CONTENT REMAIN WITH YOU. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
FI BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL,
INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS
AGREEMENT OR THE USE OF OR INABILITY TO USE
THE SOFTWARE, THE SERVICES OR THE CONTENT,
EVEN IF FI HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. FI's TOTAL LIABLITY FOR ANY
DIRECT DAMAGES SHALL NOT EXCEED FIFTEEN POUNDS
(£15.00). BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. FI DOES NOT ENDORSE, WARRANT OR GUARANTEE
ANY CONTENT PROVIDED BY OR THROUGH FI. |
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| 9. |
INDEMNIFICATION. |
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This
Software and the Services are intended for
use only with properly licenced media, content,
and content creation tools. It is your responsibility
to ascertain whether any copyright, patent
or other licences are necessary and to obtain
any such licences to serve and/or create,
compress or download such media and content.
You agree to record, play back and download
only those materials for which you have
the necessary patent, copyright and other
permissions, licences, and/or clearances.
You agree to hold harmless, indemnify and
defend FI, its officers, directors and employees,
from and against any losses, damages, fines
and expenses (including Solicitor’s
fees and costs) arising out of or relating
to any claims that you have (i) viewed,
downloaded, encoded, compressed, copied
or transmitted any materials (other than
materials provided by FI) in connection
with the Software in violation of another
party's rights or in violation of any law,
or (ii) violated any terms of this Licence
Agreement. If you are importing the Software
from the United Kingdom, you shall indemnify
and hold FI harmless from and against any
import and export duties or other claims
arising from such importation. |
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| 10. |
TERMINATION. |
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This Licence Agreement
will automatically terminate if you fail to
comply with any term hereof. No notice shall
be required from FI to effect such termination.
You may also terminate this Licence Agreement
at any time by notifying FI in writing of
termination. Your obligation to pay accrued
charges and fees shall survive any termination
of this Licence Agreement. |
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| 11. |
NO ASSIGNMENT. |
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This
Agreement is personal to you, and may not
be assigned without FI's express written
consent. In the event that you are an entity
that merges with another entity or are acquired
by another entity during the Term, you shall
provide written notice of such merger or
acquisition not later than the date on which
any public announcement is made. If FI does
not consent to assignment of this Licence
Agreement to the new or acquiring entity
in such merger or acquisition, FI may terminate
this Licence Agreement on thirty-(30) days'
email notice. Both parties shall perform
under this Licence Agreement until such
termination is effective. |
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| 12. |
TECHNICAL SUPPORT. |
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Technical
support for the Software, as made available
by FI, is described at FI's technical support
website: http://www.kryptext.com. |
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| 13. |
You acknowledge that none of
the Software or underlying information or
technology may be downloaded or otherwise
exported or re-exported to (i) North Korea
or any other country committing Human Rights
violations as named by Amnesty International.
By using the Software you are agreeing to
the foregoing and are representing and warranting
that (i) no international or domestic governmental
department has suspended, revoked, or denied
you export privileges, (ii) you are not located
in or under the control of a national or resident
of any such country or on any such list, and
(iii) you will not export or re-export the
Software to any prohibited county, or to any
prohibited person, entity, or end-user as
specified by U.S. and European export controls.
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| 14. |
IMPORTANT--MISCELLANEOUS. |
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| a) |
Arbitration
& Jurisdiction. You and FI agree
that the exclusive remedy for all
disputes and claims relating in any
way to, or arising out of, this Licence
Agreement, the Services, or your use
of the Services, or to any other alleged
act or omission by you or FI toward
the other, shall be final and binding
arbitration. The arbitration shall
be conducted under the Commercial
Arbitration Rules of the British law.
You and FI also agree that Rules for
Emergency Measures of Protection shall
apply to the proceedings. You and
FI may litigate in court only to compel
arbitration under this Licence Agreement
or to confirm, modify, vacate or enter
judgement on the award rendered by
the arbitrators. To the extent that
you have breached or have indicated
your intention to breach this Licence
Agreement in any manner which violates
or may violate FI's intellectual property
rights, or may cause continuing or
irreparable harm to FI (including,
but not limited to, any breach that
may impact FI's intellectual property
rights, or a breach by reverse engineering),
FI may seek injunctive relief, or
any other appropriate relief, in any
court of competent jurisdiction. You
and FI must commence an arbitration
by filing a demand for arbitration
within ONE (1) MONTH after the date
the party asserting the claim first
knows or reasonably should know of
the act, omission or default giving
rise to the claim; and there shall
be no right to any remedy for any
claim not asserted within that time
period (If applicable law prohibits
a one-year limitations period for
asserting claims, the claim must be
asserted within the shortest time
period in excess of one year that
is permitted by applicable law.).
To the fullest extent permitted by
applicable law: no arbitration under
this Licence Agreement shall be joined
to an arbitration involving any other
current or former licencee of FI,
whether through class arbitration
proceedings or otherwise; no finding
or stipulation of fact in any other
arbitration, judicial or similar proceeding
may be given preclusive or collateral
estoppels effect in any arbitration
hereunder (unless determined in another
proceeding between you and FI); and
no conclusion of law in any other
arbitration may be given any weight
in any arbitration hereunder (unless
determined in another proceeding between
you and FI). British law without regard
to conflicts of law provisions shall
govern this Licence Agreement, and
you hereby consent to the exclusive
jurisdiction of the state and federal
courts sitting in the State of Washington.
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| b) |
Complete
Agreement. This Licence Agreement
shall constitute the complete and
exclusive agreement between us, notwithstanding
any variance with any purchase order
or other written instrument submitted
by you, whether formally rejected
by FI or not. The acceptance of any
purchase order you place is expressly
made conditional on your consent to
the terms set forth herein. The terms
and conditions contained in this Licence
Agreement may not be modified by you
except in writing duly signed by you
and an authorized representative of
FI. If any provision of this Licence
Agreement is held to be unenforceable
for any reason, such provision shall
be reformed only to the extent necessary
to make it enforceable, and such decision
shall not affect the enforceability
of such provision under other circumstances,
or of the remaining provisions hereof
under all circumstances. The United
Nations Convention of Contracts for
the International Sale of Goods, the
application of which is hereby expressly
excluded, will not govern this Licence
Agreement. |
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Copyright (c) 2004-2010
Fair Internet ltd. All rights reserved. Kryptext,
Fair Internet,, Kryptext for Pocket PC, Kryptext Instant
Boardroom and Kryptext Services are registered trademarks
or trademarks of Fair Internet.
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| EXHIBIT
A |
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FAIR INTERNET.
TERMS OF SERVICE FOR Kryptext SERVICES |
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| Terms of Service
for Kryptext Services |
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IMPORTANT
-- READ CAREFULLY: These Terms of Service
for Kryptext Services ("Agreement") is
a legal agreement between you (either an individual
or an entity) and Fair Internet and its suppliers
and licensors (collectively "FI" or
"Fair Internet") for the Fair Internet
Kryptext Services ("Services"). The Services
include product upgrades, support and access to
content as described. You may only receive the
Services if you are a Service subscriber in good
standing with a valid, authorized credit card
on file with Fair Internet, or if you are in the
trial period of the Services.
IF YOU DO NOT
AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT PURCHASE
OR USE THE SERVICES.
YOU AGREE THAT YOUR USE OF THE SERVICES ACKNOWLEDGES
THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD
IT, AND AGREED TO BE BOUND BY ITS TERMS AND CONDITIONS.
THE SERVICES MAY BE PROVIDED TO YOU ON A FREE
OR TRIAL BASIS AT THE SOLE DISCRETION OF FAIR
INTERNET.
YOUR USE OF THE Kryptext SOFTWARE WILL BE GOVERNED
BY THE Kryptext LICENCE AGREEMENT ACCOMPANYING THE
SOFTWARE. |
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| 1. |
PAYMENT & SERVICES.
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Following
the expiration of a trial period that may
be provided to you in the sole discretion
of Fair Internet, you agree to pay Fair
Internet the monthly, quarterly, half-yearly
or annual service charges for your use of
the Services using a valid credit, debit
or switch card, direct debit or standing
order, plus any applicable taxes, in accordance
with the billing terms and prices in effect
at the time the fee or charge becomes payable.
You authorize FI to automatically bill the
charge card you provide each month, each
quarter, half-yearly or each year, or withdraw
funds via electronic transfer from your
checking account (depending on what type
of charge card you are using), until you
cancel the Services. Payments are billed
in advance at the beginning of the applicable
month. All payments are completely non-refundable.
You may cancel the Services at any time,
but FI will not refund any remaining portion
of your subscription fees, including any
minimum commitments, already billed to your
account. You agree to provide FI with a
valid credit card and accurate, complete
and updated information required by the
subscription registration form. Failure
to comply may result in the immediate termination
of Services.
You agree to notify FI about any billing
problems or discrepancies within 60 days
after they first appear on your account
statement. If you do not bring them to FI's
attention within 60 days, you agree that
you waive your right to dispute such problems
or discrepancies.
During your subscription period, you will
be entitled to receive:
| (1) |
any
generally available Kryptext upgrades
released during your subscription
period; and |
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| (2) |
Kryptext
support services You understand that
all information, audio, video, musical
compositions, multimedia presentations,
images, artwork, data, text, software,
sound, photographs, graphics, messages
or other materials (collectively,
"Content") provided in conjunction
with the Services are the sole responsibility
of the entity from which such Content
originated and not FI. You understand
that by using the Service, you may
be exposed to Content that you may
find objectionable; it is your responsibility
to determine which Content meets your
standards. |
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UNDER NO CIRCUMSTANCES
WILL FI BE LIABLE IN ANY WAY FOR ANY CONTENT
THAT YOU HAVE ACCESS TO DURING YOUR SUBSCRIPTION
PERIOD, INCLUDING, BUT NOT LIMITED TO, ANY
ERRORS OR OMISSIONS IN ANY CONTENT, QUALITY
OF THE CONTENT, AVAILABILITY OF THE CONTENT,
THE SUBJECT MATTER OF THE CONTENT, OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT PROVIDED
AS PART OF THE SERVICE. |
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| 2. |
YOUR RIGHT TO CANCEL Kryptext SERVICES
|
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You
may cancel the Kryptext Services at any time.
You will not receive any refund or partial
refund for any charges already billed to
your account. In the event you signed up
for a minimum contract period, you will
be responsible for all charges for the entire
minimum contract period. You may cancel
the services by accessing your Fair Internet
account at www.Kryptext.com. Cancellation instructions
are available on the website. You understand
and agree that cancellation of your subscription
is your sole right and remedy with respect
to any dispute with FI. This includes, but
is not limited to, any dispute related to,
or arising out of:
| (1) |
any
term of this Agreement or FI's enforcement
or application of this Agreement; |
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| (2) |
any policy
or practice of FI, including any FI
Privacy Policy, or FI's enforcement
or application of these policies; |
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| (3) |
the Content
available through FI or the Internet
or any change in Content provided
through FI; |
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| (4) |
your ability
to access and/or use the Content; |
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| (5) |
any Fair
Internet Software or Content provided
by or through Fair Internet; or |
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| (6) |
the amount
or type of fees, applicable taxes,
billing methods, or any change to
the fees, applicable taxes, or billing
methods. |
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| 3. |
FAIR INTERNET'S RIGHT TO TERMINATE
OR MODIFY SERVICES |
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FI
may modify the terms of this Agreement or
the Services, including but not limited
to the price, content or nature of the Services,
upon notice to you. In the event FI modifies
the Agreement or the Services, you may terminate
the Services. FI may terminate this Agreement
and any Services at any time upon notice
to you, provided that you will be entitled
to receive the Services for any period for
which you have already paid, or a pro-rata
refund at FI's sole discretion. FI may provide
notice by e-mail or by publishing the changes
on its website. This Agreement will automatically
terminate if you fail to comply with any
term. No notice shall be required from FI
to effect such termination. Upon any termination
of this Agreement (whether by you or FI),
you shall immediately discontinue use of
the Services. Your obligation to pay accrued
charges and fees shall survive any termination
of this Agreement. |
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| 4. |
SERVICE USE RESTRICTIONS. |
| |
|
| |
| a) |
You
agree that you shall only use the
Services and Content in a manner that
complies with all applicable laws
in the jurisdictions in which you
use the Services and Content, including,
but not limited to, applicable restrictions
copyright and other intellectual property
rights. Except as specifically authorized
herein, you may not:
| (i) |
permit
other individuals to use the
Services; |
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|
| (ii) |
modify,
translate, distribute or create
derivative works of the Services; |
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|
| (iii) |
copy
or redistribute the Content; |
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|
| (iv) |
rent,
lease, transfer, or otherwise
transfer rights to the Services; |
| |
|
| (v) |
remove
any proprietary notices or labels
on the Service; and |
| |
|
| (vi) |
add
to, alter, delete from, or otherwise
modify the Content. |
|
| |
|
| b) |
You
may not attempt to, in conjunction
with, any device, software program
or service, circumvent technological
measures employed to control access
to, or the rights in, a Content file.
|
| |
|
| c) |
In
addition to any other remedies available
in equity or law to FI and FI's Content
suppliers, failure to comply with
any of the terms and conditions in
this Section 4 Service Use Restrictions
shall immediately terminate your licence
to the Content and the Services. |
|
| |
|
| 5. |
PERSONAL INFORMATION AND PRIVACY
|
| |
Your
election to use the free or paid Software
and Services, indicates your acceptance
of the terms of the Fair Internet Privacy
Policy, so please review it carefully if
you have any questions about Fair Internet
treatment of personal information you provide
to us. To summarize key terms of the Fair
Internet Privacy Policy: Information collected
during product purchase, trial sign up and
product registration includes name, e-mail
address, gender, location information, product
and service information, information on
software downloads and updates, systems
information, content preferences, purchase
information and credit card billing information.
The information is stored locally on a user's
personal computer and on Fair Internet servers
and is sent to and from such servers as
part of routine product communications that
enable Kryptext functionality. |
| |
|
| |
Fair Internet
uses this information to: |
| |
| a) |
Verify
access rights to premium content,
services or software. |
| |
|
| b) |
To
provide you with information about
products, services, news and events.
|
| |
|
| c) |
To
allow you to purchase and download
products and services. |
| |
|
| d) |
For licence reporting,
billing, royalty payments and assessment
of service levels. |
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|
| e) |
To better understand on
an aggregated basis how our products
are used, traffic patterns and what
types of content and services are most
popular with users of our products and
services. |
|
| |
|
| |
You
are responsible for maintaining the confidentiality
of your password and account information.
You are responsible for all activities that
occur in your account and you agree to notify
Fair Internet immediately of any unauthorized
account use. Fair Internet is in no way
responsible for any loss that you may incur
as a result of any unauthorized use of your
user account and password. |
| |
|
| 6. |
E-MAIL NOTIFICATION |
| |
To
let you know what new Content and Services
are available from time to time, FI will
send you e-mail describing the latest Content
and how to get access to the Content. You
agree that as a Service subscriber, FI may
send you such e-mail to the address you
provide. Because this e-mail is necessary
for you to receive the Services, you will
receive this e-mail even if you have opted
out of receiving other e-mail from FI. |
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