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License Agreement for Vivophone’s final User. IMPORTANT: READ THIS DOCUMENT CAREFULLY. Prohibition for emergency Calls: The Vivophone software is not designed to transmit emergency calls to any kind of hospitals, security organizations, medical attention units or any other type of emergency service. Also, you must do alternative procedures to access emergency services. You will be responsible of acquiring a traditional landline phone or mobile phone that provides such services, independently from the Vivophone software. This agreement: The present agreement, and every newer version of this, between Kmedia Inc. that will be called Vivophone from now on and you; covers all use you do from the Vivophone software from any terminal wherever it has been installed, by you, third parties, or through use of this software you accept the following. When accepting the license agreement for the final user, your e-mail address, will be registered in our databases. We reserve rights of sending relative communication regarding Vivophone services. Jurisdiction restrictions: If your countries law forbids download or use of our software due to age limit or simply because our products are not allowed in your country, do not use it. License and restrictions License. Subject to conditions in this agreement. Vivophone it grants through this means license to download, install and use the Vivophone software in your equipment, telephone or in your personal digital assistant (PDA) with the only intention to give personal use to applications for communication over the Internet provided by Vivophone and every other application provided explicitly by Vivophone. This license is limited, personal, not commercial, not exclusive and free, and can not be sublicensed or be transferred. To avoid doubts, you can use the Vivophone software at work, according with the conditions of this agreement. The Vivophone software is that distributed by Vivophone for Internet communications applications, that include, in way of the User Interface (UI) and the respective communication (connected or not connected), as well as every update or possible software Fix. Modification Prohibition. You are forbidden to do, cause, allow or authorize the modification, creation of derivate work, translation, reverse engineering, de-compilation, disassembling, and piracy of the Vivophone Software or any of it components. Third Party. The Vivophone software can incorporate or be incorporated in programs and other technologies that are under control and may be property of third parties. The entire program or technology incorporated to the Vivophone software is directed by means of this agreement. Exclusive property. All intellectual property rights for the Vivophone software or that arise from it, are and will be exclusive property of Vivophone and its licenses. No disposition of the present agreement has the intention of transferring and conferring you any of this intellectual property rights. You have only right to the limited use of the intellectual property rights given in this agreement. You can not perform any action that may put at risk, limit or interfere with the Vivophone’s Intellectual property rights. Every use of such Intellectual property rights without authorization constitutes a violation of the present agreement, as well as, the laws and treaties of intellectual properties, among others, in an enunciatively way, laws of copyrights and trademarks. All the titles and Intellectual property rights related or corresponding to any third parties content that is not contained in the Vivophone software, but that can be accessed using the named software, belong to the respective content proprietary and can be protected by laws of intellectual properties (Copyright) or other laws and treaties of Intellectual property. Additional conditions. The following policies are incorporated to this agreement and provide clauses and additional conditions: The Vivophone Protocol offers certain rules about the due and respectful treatment to other members of the Vivophone Community. Vivophone’s Software Distribution. You are prohibited to sale, transfer, rent, hire, distribute, export, import, act as an intermediary or supplier, or give third parties rights over the Vivophone software or any of it components. To obtain the right to distribute it, you must accept and follow the distribution conditions. Vivophone’s Promotional material. No stipulation of this agreement gives you any right to use Vivophone’s promotional material. Confidential information and User’s privacy. Vivophone commits to respect the user’s personal information privacy and confidentiality. The privacy policy handles Vivophone’s use of your personal information as well as the information’s traffic and content of your communications. Usage of www.Vivophone.com subject to use conditions. If you wish to do something that is not contemplated in this contract, it should obtain a previous written assent from Vivophone and explicitly accept other additional conditions (commercials). What to expect from Vivophone and what not to expect. Warranty absence. The installation of your Vivophone software allows you to communicate with other users of the software. Vivophone can not guarantee that you will always be able to communicate with other Vivophone users nor that you will be able to do so without interruptions, delays and other failures related to the communication, neither can be guaranteed that your communications will always be sent to other Vivophone users. Vivophone will not be responsible for such interruptions, delays or any other types of omissions experimented during communications through the Vivophone software. Communications content. You recognize and accept the content of the communication distributed by the use of the Vivophone software is entire responsibility of the person who originated it. By this, you can be exposed to offensive content, harmful to minors, indecent or even unacceptable. Vivophone will not be hold responsible of any type of communication that is spread using the Vivophone software. User’s equipment use. The Vivophone software can use the processor and broadband connection of your equipment (or other device that corresponds) used, with the limited purpose of facilitating the communication between users of the Vivophone software. Vivophone will do commercially reasonable efforts to protect the privacy and integrity of it communication and the equipment resources (or other device that corresponds) used. Nevertheless, Vivophone can not give any guarantee on this matter. New Vivophone software versions. Vivophone, at it’s free and exclusive criteria, can modify, interrupt or suspend the possibility that you use any version of the software, and disable any copy of the Vivophone software that you have accessed or installed without previous notification to you, to the effects of repairing, improving or update of the technology that composes it, or any other motives that justify it. Vivophone will not accept any responsibility related to direct or indirect damage provoked by the launching or absence of launchings of newer versions of the Vivophone software. What do we expect from the user? Licit ends. At all times, you will accomplish all of the obligations contracted by means of the present, as well as every law, rule or policy that directs the use of Vivophone software in your country, including corresponding rules that direct software export or import. You will use the Vivophone software for licit means exclusively. On this matter, you can not, without limitations, (a) intercept or monitor, damage or modify any communication not destined to you, (b) use any type of spider, virus, worm, Trojan, time bomb, nor any other instruction or code designed to distortion, eliminate, damage or unarm the Vivophone software or the communication, (c) send any commercial communication not requested that is not allowed by any of the current laws, (d) expose other users to offensive, harmful to minors, indecent or censurable material in any other way nor, (e) put in danger any part of any system or internet connection form Vivophone or a third party. Indemnification. You agree, with presentation, to indemnify, defend and free Vivophone, Affiliated companies and staff of any responsibility and costs, among them, reasonable attorneys honoraries incurred by the mentioned parts, related or originated in (a) violation or nonperformance from you of any clause of this contract or any law or norm, contemplated or not in this mean, or (b) the violation from your side of any of the third party rights or (c) the due or undue use from your side of the Vivophone software or (d) spread communications via the Vivophone software. Term, extinction, updates. Term. This agreement will come into force as from the date when you install the software and will apply until Vivophone or you finalize it in the way established forward in this document. Extinction. You can extinguish the current agreement at any time and with immediate effect. Without detriment to other legal resources, Vivophone could, with immediate effect, limit, suspend or extinguish this license or the use of the Vivophone software, prohibit the access to Vivophone’s website and eliminate your user account and user name, if considers you are incurring in a breach of contract, causing problems or legal obligations (effectives or potentials), acting in a way contrary to the letter and spirit of our policies, which can be accessed on www.Vivophone.com/company/legal/politicas_de_uso, violating rights of intellectual property, participating in fraudulent, immoral or illegal activities, or for any similar reasons. Vivophone will carry out the extinction, sending you a notification to the e-mail address provided by you (when corresponds) or preventing your access to your account. We reserve the right of canceling user accounts that have remained inactive for over one (1) year. Once the agreement has extinguished, immediately (a) all licenses and rights of use of the Vivophone software will expire, (b) you will cancel the use of the Vivophone software and (c) will uninstall from all the hard-drives, networks and other storage media and will destroy every copy you have under your possession or under your control. Vivophone will not be responsible on the matter of any damage caused by the extinction of the present agreement. Updating. Vivophone will reserve the right to modify this agreement at any time publishing a reviewed version on our website. The modified agreement will come into force within thirty (30) days from the date of publish or delivery, except that you have previously expressively accepted the reviewed contract, by clicking on the “Accept” button. The express acceptation or your continuous usage of the Vivophone software after the expiring of the term constitutes your acceptance of the obligation to fulfill the clauses and conditions of the reviewed agreement. You can find the latest version of this agreement on www.Vivophone.com/company/legal/eula . Resign to guarantee and limitation of responsibilities. Absence of guarantee. THE VIVOPHONE SOFTWARE IS PROVIDED ON OTS ACTUAL STATE WITH AL ITS DEFECTS AND NO GUARANTEES OF ANY KIND. VIVOPHONE DOES NOT OFFER IN AN EXPLICIT, IMPLICIT, NOR SWORN WAY; GUARANTEES, AFFIRMATIONS OR STATEMENTS OF ANY NATURE REGARDING THE VIVOPHONE SOFTWARE RELATED TO, AMONG OTHER ISSUES, THE GUARANTEES OR QUALITY CONDITIONS, PERFORMANCE, INFRACTIONS, COMMERCIALIZATION OR APTITUDE FOR USE OR PARTICULAR PURPOSES. ALSO, VIVOPHONE DOES NOT DECLARE NOR GUARANTEES NEITHER THAT THE VIVOPHONE SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE AND COMPLETE NOR THAT IT WILL BE SAFE AND PRECISE. VIVOPHONE DOES NOT DECLARE EITHER OR GUARANTEES THAT WILL NOT SUFFER INTERRUPTIONS OR DELAYS, AS WELL AS BEING FREE OF ERRORS AND THAT IT WILL WORK WITHOUT PACKAGE LOST. VIVOPHONE DOES NOT GUARANTEE EITHER CONNECTIONS OR TRANSMITTING FROM OR TOWARDS THE INTERNET, NOR THE QUALITY OF THE CALLS DONE VIA THE VIVOPHONE SOFTWARE. Specific resignation to responsibility for emergency services. Vivophone does not provide connections with emergency services with the Vivophone software. Neither Vivophone or its officials or employees are attributable for any claim, damage or lost that arises or relates to the use of the Vivophone software in order to contact emergency services personnel. By means of the present, you resign to such a claims or cause of action. User’s personal risk. You recognize and accept the totality of the resulting risk of the use or performance of the Vivophone software is your responsibility, according to law permissions. Discharge of responsibility. YOU RECEIVE THE VIVOPHONE SOFTWARE FREE OF CHARGE. CONSEQUENTLY, YOU RECOGNIZE AND ACCEPT THAT VIVOPHONE, its AFFILIATES, LICENSERS AND STAFF WILL NOT HAVE ANY RESPONSIBILITY THAT ARISES OR RELATES TO THE USE OF THE VIVOPHONE SOFTWARE, AS IT IS STIPULATED NEXT. IT’S ONLY RIGHT OR LEGAL RESOURCE IN FRONT OF ANY PROBLEM OR UNCONFORMITY WITH THE VIVOPHONE SOFTWARE IS TO UNINSTALL IMMEDIATELY AND STOP USING THE SOFTWARE. Responsibility limitation. ON ANY CASE VIVOPHONE, ITS AFFILIATED COMPANIES, ITS LICENSERS OR ITS STAFF, WILL BE HELD RESPONSIBLE, WHETHER IS A CONTRACT, GUARANTEE, OFFENSE (INCLUDING NEGLIGENCE), RESPONSIBILITY FOR PRODUCT, NOR ANY OTHER MEANS OF RESPONSIBILITY, OF ANY SPECIAL, INCIDENTAL OR INDIRECT HARM (AMONG OTHERS, IN AN ANNOUNCEMENT WAY ONLY, ANY DATA LOST OR ALTERATION, INTERRUPTION, EQUIPMENT FAILURE OR PATRIMONIAL LOST) THAT ARISES FROM THE USE OR INCAPABILITY TO USE THE VIVOPHONE SOFTWARE, EVEN WHEN MEDIATING KNOWLEDGE BY VIVOPHONE, ITS AFFILIATE COMPANIES OR ITS STAFF OF THE POSSIBILITY OF SUCH DAMAGE. Jurisdiction limitation. Due to certain jurisdiction that do not allow some exclusions or limitations established previously, some of them may not direct in your case. In that case, the responsibility will limit to where it is legally possible according to the current legislation. Various. Complete Agreement. The clauses and conditions of this contract constitute the totality of the agreement between you and Vivophone regarding the previously mentioned here and revoke and replace all previous treaty or contract about these stipulations, regardless of the form of these instruments. Partial Invalidity. If any of the clauses or dispositions of the current contract is considered invalid, null or not executable, whether it is in its totality or in a specific situation, the rest of the contract will withhold its full validity and effect. Absence of right resignation. If Vivophone does not initiate actions against the violations of this agreement, it does not mean that it will resign to its right of doing so in a later date. Transfer. You are prohibited to transfer the current contract and any other acquired right by this mean. Vivophone can, at its exclusive criteria, transfer the present contract or any of the acquired rights to a third party, without previous notification. Current laws and corresponding Judge. The current contract will be applied and interpreted under the legislations of the Florida state, United States of America and will not give course to legal conflicts that may be produced between laws and dispositions, contained in the United States of America laws or those in your state or country of residence. All legal procedure that may arise or is related to this contract will be subject to the competence of the district’s court of the United States of America. Language. In case of discrepancy among language versions of this agreement, or contradictions or discrepancies between the English version and that of any other language version, of the current agreement, the English version will apply. Version: March 2008. I Agree with the terms