IMPORTANT-READ CAREFULLY: This idFox End-User License Agreement ("EULA") is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as "You") and idFox Holding BV Corporation for the idFox software product that accompanies this EULA (the "Software Product"). The Software Product also includes any (software) updates, add-on components, web services and/or supplements that idFox may provide to You or make available to You after the date You obtain Your initial copy or subscription of the Software Product to the extent that such items are not accompanied by a separate license agreement or terms of use. By accessing or otherwise using the Software Product, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, do not access or use the Software Product.

USAGE

1) What You can do under this EULA

(a) Subject to all the terms of this Licence, idFox grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable licence to use the Software Product.
(b) Unless explicitly stated otherwise, any new features that augment or enhance the current Software Product, including the release of new properties, shall be subject to terms of this EULA.

2) What You can not do under this EULA

You agree not to use the Software Product to:

(a) Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) Transmit or communicate any data that can be interpreted as advertisement for either personal or commercial purposes;
(c) Harm minors in any way;
(d) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
(f) Transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non- disclosure agreements);
(g) Transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(h) Interfere with or disrupt the Software Product;
(i) Intentionally or unintentionally violate any applicable local, state, national or international law, including securities exchange and any regulations requirements, procedures or policies in force from time to time relating to the Software Product;
(j) Monitor traffic or make search requests in order to accumulate information about individual users;
(k) "Stalk" or otherwise harass another;
(l) Modify, delete or damage any information of any other user of the Software Product;
(m) Intentionally make available spoofed files or files with information designed to misidentify the actual content of the file.

SOFTWARE PRODUCT LICENSE

The Software Product is protected by intellectual property laws and treaties. The Software Product is licensed, not sold.

idFox reserves the right to change the terms, conditions, and notices under which it offers the Software Product, including any charges associated with the use of the Software Product. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any idFOX Site. Your continued use of the Software Product after the effective date of such changes constitutes your acceptance of and agreement to such changes.

1) GRANT OF LICENSE. This Section of the EULA describes Your general rights to use the Software Product. The license rights described in this section are subject to all other terms and conditions of this EULA.

(a) General License Grant to Use the Software Product. In all cases, a license for the Software Product may not be shared.

2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

(a) Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not modify, reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The Software Product is licensed as a single product. (b) You may not use the Software Product for commercial purposes nor sell, or otherwise transfer it for value. Commercial purposes include the use of the Software Product to create publicly distributed computer software. (c) No rental, leasing or commercial hosting. You may not rent, lease, lend or provide commercial hosting services to third parties with the Software Product. In all cases, goods remain the property of idFox until payment is received in full. (d) Software Transfer. You may not permanently and wholly transfer all of your rights under this EULA. (e) Support Services. idFox may provide you with support services related to the Software Product ("Support Services"). The provision and use of Support Services is governed by the idFox policies and programs or serives described in the Software Product user manual and/or in "online" documentation. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA. With respect to technical information you provide to idFox as part of the Support Services, idFox may use such information for its business purposes, including for product updates and development. (f) Termination. Without prejudice to any of idFox its other rights, idFox may terminate this EULA at any time without prior notice.

3) UPGRADES and SUBSCRIPTION. If the Software Product is labeled or otherwise identified by idFox as an "upgrade" or "subscription," you must be properly licensed to use a product identified by idFox as being eligible for the upgrade in order to use the Software Product. A Software Product, labeled or otherwise identified by idFox as an upgrade, replaces and/or supplements the product that formed the basis for your eligibility for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA.

4. DISCLAIMER OF WARRANTY

YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE PRODUCT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY IDFOX OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED.

5) COPYRIGHT AND TRADEMARKS.

(a) All title, trademarks and copyrights in and pertaining to the Software Product, the accompanying printed materials, and any copies of the Software Product, are owned or licensed by idFox or its affiliated companies. The Software Product is protected by copyright and trademark laws and international treaty provisions. (b) You may not remove, modify or alter any idFox copyright or trademark notice from any part of the Software Product, including but not limited to any such notices contained in the physical and/or electronic media or documentation. (c) All uploaded content remains the copyright of the respective owner. If You own the copyright, then you remain the sole owner of all applicable copyrights. By accepting this EULA You grant idFox permission to publish all Your uploaded content through the Software Product.

6) APPLICABLE LAW

This EULA is governed by the laws of the City of The Hague; The Netherlands. Should you have any questions concerning this EULA, or if you desire to contact idFox for any reason, please contact the idFox distributor serving you.

7) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IDFOX OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF IDFOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, IDFOX ITS ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO IDFOX FOR THE SOFTWARE PRODUCT OR SERVICE THAT DIRECTLY CAUSED THE DAMAGE. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Phoice may update these terms and conditions at any time for any reason. If we decide to change our terms and conditions, we will post those changes on in this area of our Web site. Your continued usage of our server will mean you accept those changes.

If you have any questions about our terms and conditions, please contact us at:

Last Update: 16 Aug 2005

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