 |
|  |
|
fring™/ minifring™ BETA software end-user license agreement IMPORTANT - READ CAREFULY THE FOLLOWING TERMS AND CONDITIONS (THESE "TERMS") BEFORE INSTALLING, DOWNLOADING OR USING THE FRING™/ MINIFRING™ BETA SOFTWARE OR PREVIEW VERSIONS OF FRING/ MINIFRING SOFTWARE FROM THE WWW.FRING.COM WEBSITE (THE "SITE"). THESE TERMS ARE AVAILABLE AT WWW.FRING.COM/LICENSE/. YOU ALSO AGREE TO BE BOUND BY FRING'S TERMS OF USE AVAILABLE AT WWW.FRING.COM/TERMS/ AND FRING'S PRIVACY POLICY AVAILABLE AT WWW.FRING.COM/PRIVACY BY SELECTING THE "OK" BUTTON BELOW, OR BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU SELECT "Cancel," THE INSTALLATION PROCESS WILL NOT PROCEED. DO NOT SELECT "OK" OR INSTALL OR USE THE SOFTWARE UNTIL YOU HAVE CAREFULLY READ, UNDERSTOOD, AND AGREED TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE SOFTWARE. FURTHERMORE, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE MANDATORY LAW. THESE TERMS CONSTITUTE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU, OR THE COMPANY ON WHOSE BEHALF YOU ARE INSTALLING THE SOFTWARE, ("YOU" AND "YOUR") AND FRINGLAND LTD. ("FRING"), WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION RELATING TO THE SUBJECT MATTER OF THESE TERMS. THESE TERMS APPLY TO THE SOFTWARE, FRING SERVICES, AND ANY MOBILE APPLICATIONS, SYSTEMS, SERVERS, DEVICES OR OTHER ITEMS RELATED TO FRING/ MINIFRING SERVICES (COLLECTIVELY, THE "SOFTWARE"). Important notice The Software, as with most Internet applications, is vulnerable to various security issues and hence should be considered unsecured. By using the Software and the Internet in general, you may be subject to various risks, including among others:
If you do not wish to be subjected to these risks, you are advised not to use the Software. Furthermore, please do not use the Software for "Mission Critical" or "Content Sensitive" applications and purposes. For the purpose of this section "Mission Critical" applications and purposes shall mean applications and use that may result in damage; "Content Sensitive" shall mean any information or data you do not wish to be freely accessible and generally available to Internet users. Please note that in each and every Internet application, the IP address of the sender is an integral part of the TCP/IP standard protocol of the Internet, and can be extracted by any party to the communication session using certain software and/or hardware. Also note that the provision of security services (such as VeriSign™ or thawte™ approved) with the fring/ minifring software, designed to allow a fring/ minifring user to reduce the exposure of his/her information on fring/ minifring, is provided to you as a convenience only and does not guarantee the complete non-exposure of your information and/or IP address. European Union fring/ minifring users understand and consent to the processing of personal information in the United States and Israel. IF YOU RESIDE IN A JURISDICTION WHICH RESTRICTS THE USE OF INTERNET-BASED APPLICATIONS ACCORDING TO AGE, OR WHICH RESTRICTS THE ABILITY TO ENTER INTO AGREEMENTS SUCH AS THESE TERMS ACCORDING TO AGE AND YOU ARE IN SUCH A JURISDICTION AND UNDER SUCH AGE LIMIT, YOU MAY NOT ENTER INTO THESE TERMS AND DOWNLOAD, INSTALL OR USE THE SOFTWARE. FURTHERMORE, IF YOU RESIDE IN A JURISDICTION WHERE IT IS FORBIDDEN BY LAW TO OFFER OR USE SOFTWARE FOR INTERNET TELEPHONY, YOU MAY NOT ENTER INTO THESE TERMS AND YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. BY ENTERING INTO THESE TERMS YOU EXPLICITLY STATE THAT YOU HAVE VERIFIED IN YOUR OWN JURISDICTION AND ACCORDING TO YOUR CONTRACTUAL ARRANGEMENTS WITH YOUR PHONE , OTHER SERVICE PROVIDERS OR ANY OTHER THIRD PARTY THAT YOUR USE OF THE SOFTWARE (INCLUDING PREVIEW VERSIONS OF THE SOFTWARE) IS ALLOWED. INTERNATIONAL ROAMING; DISABLING AUTOSTART; DATA CONNECTIVITY AND CHARGES FROM SERVICE PROVIDER IMPORTANT: In order to use the Software, You must have data connectivity services from your service provider, which may be your mobile carrier, WiFi service provider or other provider. The cost of this data connectivity service may vary among service providers and the User understands that it is the User’s responsibility to check such costs. In particular, the User further understands that the costs of such data connectivity service may rise significantly when roaming internationally. Therefore, the User is advised to consider the cost of using the fring/ minifring Software, depending on the User’s location at any particular time. The User may wish to consider disabling the "AutoStart" feature, depending on the User’s location. EMERGENCY SERVICES fring/ minifring does not provide Emergency Services in conjunction with the Software. "Emergency Services" means services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements. Neither fring, its affiliates nor their respective officers, directors, employees or agents may be held liable for any claim, damage, or loss, and You hereby waive, to the maximum extent permitted by applicable law, any and all such claims or causes of action, arising from or relating to the use of the Software or any other service provided hereunder to contact Emergency Services personnel. You shall defend, indemnify, and hold harmless fring, its affiliates and their respective officers, directors, employees or agents and any other service provider who furnishes any services to You in connection with the Software or any other services provided under these Terms, from any and all claims, losses, damages, penalties and expenses (including, without limitation, attorneys fees) by, or on behalf of, You relating to the absence, failure or outage of the service provided by the Software or any other service provided hereunder, including specifically any claims arising out of the failure of fring/ minifring to offer Emergency Services. You acknowledge and accept that fring/ minifring does not offer Emergency Services. You understand that additional arrangements must be made to access Emergency Services. To access Emergency Services, You acknowledge and accept Your responsibility to purchase, separately from any service provided by the Software, traditional wireless or wireline telephone service that offers access to Emergency Services. You recognize and agree that fring/ minifring is not required to offer Emergency Services pursuant to any applicable local and or national rules, regulation or law. You further recognize that fring/ minifring is not a replacement for Your primary telephone service. GRANT OF LICENSE Subject to these Terms, fring hereby grants You a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the Software on Your computer, cellphone or PDA for the sole purpose of personally using the Software for services provided by fring (the "Service"). fring is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Service or any part thereof, without any notice to You for the repair, improvement, and/or upgrade of the Service or for any of the reasons for termination as mentioned below. fring may change the technical features of the Service in order to keep pace with the latest demands and technological developments, at its own discretion and without any notice to You. You acknowledge and understand that the Service is not a traditional telephone service or a replacement for Your primary telephone service. Important distinctions (some, but not necessarily all, of which are described in this Terms) exist between the traditional telephone service and the Service provided by fring. LICENSE EXCLUSIONS You may not make any use of the Software in whole or in part that is not expressly permitted by these Terms. You shall not (i) sell, assign, rent, lease, distribute, market, disclose, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to, the Software or any part thereof, or (ii) undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software or any part thereof. Any information derived from these activities constitutes the confidential information of fring. You acknowledge and agree to use the Service solely for lawful purposes. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for You, (b) send any unsolicited commercial communication not permitted by applicable law, (c) use Your account or Service in any fraudulent way, or (d) expose any other user to material which is offensive, harmful to minors, indecent or otherwise objectionable. PROPRIETARY RIGHTS fring (or its third party providers) retains all title, right, copyright (and any other applicable intellectual property right) and interest in and to the Software, including all documentation, translations, enhancements, improvements or other modifications made to or derived from the Software. UPDATES These Terms apply to downloading, installing and using the Software. fring may from time to time revise or update its Software. Such updates and revisions will be supplied according to fring's then prevailing policies. PRIVACY; PASSWORD AND USERID; INDEMNIFICATION fring is committed to respecting Your privacy and the confidentiality of Your personal data. For more information on fring’s privacy policy, see www.fring.com/privacy/. In order to operate the Service, you receive a User ID and password. You agree to notify fring in writing of any unauthorized and/or fraudulent use of Your User ID or password. You agree to indemnify, defend and hold harmless fring, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages and expenses (including attorneys fees) by, or on behalf of, you or any third party user of the Service, relating to the Service, including use of Your UserID or password. Fring will not be liable for any unauthorized or fraudulent use of Your UserID or password. fringME! widget If you elect to use our "fring me widget" service you need to have a private page ("Private Page") where you placed the "fring me widget" (such as your blog or your page on a social networking site). The fring me widget service, at your election, will allow you, among others (i) to chat online with anyone who visits your Private Page, (ii) enable your Private Page visitors to see if you are currently online, and (iii) to see where you are located, using real-time location information, based on, or transmitted by your mobile device's location; and/or (iv) other features that fring makes available as part of the fring me widget service from time to time. To provide the fring me widget, we may collect, maintain, use, and display, among others, your personal data, your presence on or off the web the real-time geographic location of your mobile device (we call this " Data"). In registering for the fring me widget service, you have agreed and consented to fring's collection, use, maintenance, and display of your Data in order to provide all of the services, features, and functionality found within the fring me widget service. We will obtain your express consent to collect, maintain, use, and display your Data and other information as part of providing the fring me widget service. You have the right at any time to deny or withdraw your consent to the disclosure of your Data. Your denial of consent will not affect your regular mobile phone service, but will prevent you from using the specific feature of the fring me widget service which you elect not to use. In order to withdraw your consent which will prevent you from using the fring me widget service you will need to delete the “fring me code” from your Private Page. LIMITATION OF LIABILITY AND WARRANTY TO THE FULLEST EXTENT PROVIDED BY LAW, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FRING/ MINIFRING VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, AND EQUIPMENT AND SERVICE PROVIDERS, IF ANY, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE. IN NO EVENT SHALL FRING, VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT MANUFACTURERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF FRING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Software is being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT FRING, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE IS TO DEINSTALL AND CEASE USE OF SUCH SOFTWARE. EXPORT RESTRICTIONS You acknowledge that the Software may be subject to international rules that govern the export of software. You agree to comply with all applicable international and national laws that apply to the Software as well as end-user, end-use and destination restrictions issued by national governments. TERMINATION These Terms are effective until terminated. You may terminate these Terms at any time by removing the Software from Your system and destroying all copies of the Software. Unauthorized copying of the Software or otherwise failing to comply with these Terms will result in automatic immediate termination of these Terms and will make available to fring legal remedies. Upon termination of these Terms, the license granted herein will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, cellphones, networks and other storage media and destroy all copies of the Software in Your possession or under Your control. The provisions in the paragraphs above labeled PROPRIETARY RIGHTS and LIMITATION OF LIABILITY AND WARRANTY will survive any termination of these Terms. YOUR SUBMISSIONS You agree that any content provided by You in connection with the Site are provided on a non-proprietary, non-exclusive and non-confidential basis. fring shall be free to use or disseminate such content on an unrestricted basis for any purpose. You acknowledge that You are responsible for such content, including its legality, and You waive any "moral rights" in such content. You may not submit or publish through fring any content that is libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. You agree to indemnify and hold fring, its affiliates and their respective directors, officers, employees and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content You submit, post to or transmit through the Website, your use of the Website, or Your violation of any rights of another person or entity. FILE TRANSFER SERVICE By using the Software You may be able to send files (including but not limited to text, documents, products, software, scripts, graphics, photos, sounds) ("Files") from Your mobile phone and/or Your PC to other mobile phone and/or PC ("Receiver"). You understand that fring is not the owner of these Files and does not guarantee any confidentiality with respect to the Files that You send. You shall be solely responsible for the Files that You send and the consequences of sending them including but not limited to the consequences of sending them to Receiver. For the sake of clarity, the Files are not considered “User Submissions” as such term is defined in the Terms of Use. By sending the Files You represent and warrant that You own or have the necessary rights and permissions to use all intellectual property rights in and to any Files, including rights to distribute and disseminate such Files and (ii) Your Files do not contain confidential or proprietary information. As a Receiver You understand that You may receive Files from a variety of sources, and that fring is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Files. You may be exposed to Files that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You may have against fring with respect thereto. You agree to indemnify and hold fring, its affiliates and their respective directors, officers, employees and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Files You send to Receiver through the Software and the "file transfer service" or Your violation of any rights of another person or entity. ADD-ON APPLICATIONS CREATED BY THIRD PARTIES (LICENSEE APPLICATIONS) THROUGH FRING’S APPLICATION PROGRAMMING INTERFACE (API) fring licenses an API which permits a third party licensee (the “API Licensee”) to develop add-on applications. These add-on applications are based on the fring API but are not endorsed or certified by fring. Each API Licensee is solely and directly responsible for the add-on application it has created, and fring makes no warranty, whether express, implied or statutory regarding these add-on applications including without limitation any and all implied warranties of merchantability, accuracy, results of use, reliability, fitness for a particular purpose, title, interference with quiet enjoyment and non-infringement of third-party rights. Installation of an add-on application is in Your sole discretion. You are free at any time to unsubscribe from any add-on application that you have installed, and this is your sole remedy. THE LIMITATION OF LIABILITY PROVISIONS AND WARRANTY DISCLAIMER IN THESE TERMS ABOVE SIMILARLY APPLY TO THE ADD-ON APPLICATIONS. MISCELLANEOUS This Software uses the Skype API but is not endorsed or certified by Skype. Furthermore, the Software is not endorsed by third parties, even if it may use or interact with third party hardware or software. fring reserves the right to modify these Terms at any time by providing such revised terms to You or by publishing the revised terms on the Website. The revised Terms shall become effective within seven (7) days of such publishing or provision to You, unless You expressly accept the revised Terms earlier by clicking on the accept button. The express acceptance by You, or Your continued use of the Software after expiry of the notice period of seven (7) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Terms. You can find the latest version of these Terms at the Site. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. If any provision of these Terms shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these Terms shall remain in full force and effect. The laws of the State of Israel, excluding its choice of law provisions, govern these Terms. All disputes arising out of these Terms shall be subject to the sole and exclusive jurisdiction of courts in Tel-Aviv-Yafo, except that parties may bring actions for injunctive relief only in any court of competent jurisdiction. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE AGREE BUTTON AND/OR CONTINUING TO INSTALL OR USE THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS. Last revised: July 17, 2008 . 
| ||||||||||||||||||||||||||||
