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1. Terms and Conditions
Spice i2i Limited (Formerly known as "MediaRing Ltd") (“Spice i2i”) welcomes you to the s-connect website. The following terms and conditions govern the s-connect website and the software and services made available on the website. By visiting our website and/or using any software or services available from the website, you agree to be bound by these Terms & Conditions. When you use a specific s-connect service or item of software available from this website, you will also be subject to all posted agreements applicable to such individual services or items of software. Spice i2i reserves the right to change these Terms & Conditions or its other posted agreements at any time and to notify you by posting an updated version on this website.
Spice i2i does not target services to individuals less than age 13. Individuals less than 13 years of age are not eligible to register or to initiate our services. Please register after you have reached age 13.
| ESTABLISHING AN ACCOUNT; MEMBER PRIVACY |
| To use software and certain services offered by Spice i2i from this website, you will have to sign-up and have a User Account and password created. You will be asked to provide certain personally identifiable information, including your name and email address. Spice i2i uses the information you provide when you sign-up in accordance with our Privacy Policy, which you may access on the Privacy Policy page. When you establish an account with Spice i2i, you should safeguard your account password. You are solely responsible for all acts or omissions that occur under your accounts, including the content of transmissions, whether or not authorized by you. You agree to notify Spice i2i immediately of any unauthorized use or any other breach of security. |
| PROPRIETARY RIGHTS TO CONTENT |
| Content (including but not limited to text, software, music, sound, photographs, video, graphics or other material) contained on or arising out of access to the s-connect website and services, is protected by copyright, trademark, service mark, patent or other proprietary rights, laws and treaties. Except as otherwise provided by law or expressly permitted herein, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the website or the services. You understand that neither Spice i2i nor its network services supplier is responsible for the content of the transmissions sent by third parties that may pass through the Internet and/or the services. All trademarks, service marks and trade names used on or in connection with the site and the services are proprietary to Spice i2i and/or to their respective owners. |
| SOFTWARE; SOFTWARE LICENSE |
| The software made available through this site is the copyrighted material of Spice i2i and its third party suppliers. If Spice i2i provides any software to you in connection with the services under the software license associated with the software, Spice i2i thereby grants you a personal, non-exclusive, non-transferable license for the duration of your use of the services to install and use such software in object code form only on one piece of hardware for the sole purpose of enabling the services. You may not copy, distribute, reverse engineer, decompile, disassemble or otherwise reduce to human readable form any software provided by Spice i2i in connection with the services except as otherwise expressly provided in the software license. You may be subject to additional terms and conditions regarding the use of the software which you will be deemed to have accepted by using the software. |
| MEMBER CONDUCT |
Any unauthorized commercial use or resale of the software or services is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations.
By way of example, and not as a limitation, you agree NOT to: |
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Create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; |
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Transmit through the services unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; |
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Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs; |
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Violate any Singapore/U.S. law or regulation regarding the transmission or export of technical data or software from Singapore/the United States through the services; |
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Interfere with or disrupt networks connected to the service or violate the regulations, policies or procedures of such networks; |
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Attempt to gain unauthorized access to the services, accounts of others, computer systems or networks connected to the services, through credit card fraud, password mining or any other means; or |
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Interfere with another member's or entity's use and enjoyment of the services.
Spice i2i will immediately terminate any user that Spice i2i, in its sole discretion, believes is violating any of the foregoing. |
| INDEMNIFICATION |
YOU AGREE TO INDEMNIFY AND HOLD SPICE I2I, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND NETWORK SERVICES SUPPLIERS HARMLESS FROM ANY CLAIM, DEMAND, OR DAMAGE, INCLUDING REASONABLE ATTORNEYS' FEES, ASSERTED BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF OR CONDUCT ON THE SERVICES PROVIDED BY SPICE I2I.
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| YOUR DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES |
| The s-connect website and the various user interfaces arising from the use of the services may include information and links to content from third parties. Inclusion of such information and links does not signify Spice i2i's endorsement of the information or third party. Any dealings with third party advertisers found on the website, including purchase and payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. Spice i2i shall not be responsible or liable for any such dealings or as a result of the presence of such advertisers on the website or the client application. |
| DISCLAIMER OF WARRANTIES |
SPICE I2I DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY THIRD PARTIES. SPICE I2I IS NOT RESPONSIBLE FOR ANY SUCH INFORMATION, PRODUCTS, SERVICES OR MATERIALS AVAILABLE THROUGH OR PROVIDED BY ANY THIRD PARTY, AND DOES NOT WARRANT OR REPRESENT THAT ANY SUCH INFORMATION, PRODUCTS, SERVICES OR MATERIALS ARE CORRECT, ACCURATE, OR RELIABLE.
FOR THE SOFTWARE AND SERVICES SPICE I2I PROVIDES THROUGH THIS WEBSITE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW SPICE I2I EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, CORRESPONDENCE TO DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SPICE I2I DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPICE I2I DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR SERVICES AVAILABLE THROUGH THE WEBSITE OR FROM THIRD PARTIES WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE, SECURE OR OTHERWISE, OR THAT CALLS MADE USING THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR WITHOUT PACKET LOSS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY OR BY JURISDICTION. |
| LIMITATION OF LIABILITY |
| TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SPICE I2I BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE ANY SOFTWARE OR SERVICE, ANY CHANGES TO THE SOFTWARE OR ANY SERVICE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. YOU SPECIFICALLY AGREE THAT SPICE I2I IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH THE SOFTWARE, A SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE, OR WITH ANY OF SPICE I2I'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING THE WEBSITE AND/OR USING ANY OF SPICE I2I'S SOFTWARE AND/OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY OR BY JURISDICTION. |
| GOVERNING LAW AND JURISDICTION |
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Singapore.
You and Spice i2i agree to submit to the exclusive jurisdiction of the courts of Singapore. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with the other provisions remaining in full force and effect.
Spice i2i's failure to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Spice i2i in writing.
You and Spice i2i agree that any cause of action arising out of or related to this website or the software or a service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The section titles in these terms and conditions are solely for the convenience of the parties and have no legal or contractual significance. |
| TERMINATION |
Spice i2i may terminate any or all of the services or the right to use software with or without cause at any time and effective immediately.
October 2009 Version 1.0 |
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2. TERM OF USE
Spice i2i Post-paid services
(s-connect)
The following Terms and Conditions govern s-connect (“Service”) made available to you by Spice i2i Limited or its Group of companies (“Spice i2i”).
1. |
Terms; Modification of Terms |
1.1 |
By signing the application forTerms of Use, terms and conditions provided in the Application, all the information (including but not limited to rates and frequently asked questions) provided and made available at the Service website at http://www.s-connect.com (“Website”) (collectively called “Terms and Conditions”) and Privacy Policy. Acceptance of the Terms and Conditions and the Privacy Policy is mandatory in order for you to register, subscribe, access or use the Service. |
1.2 |
Spice i2i reserves the right to modify these Terms and Conditions without prior notice at any time with immediate effect upon posting such modification on the Website. Your continued use of the Service shall be deemed your acceptance of the modified Terms and Conditions. |
1.3 |
Spice i2i reserves the right to reject your application without giving any reason. |
2. |
Registered Phone Numbers |
2.2 |
You shall be solely responsible for the security of the use of Service through your registered phone numbers. |
2.3 |
You shall be solely responsible for all charges incurred from use of the Service via your registered phone numbers, whether with or without your knowledge or authorization. Spice i2i shall not be liable to you for any losses, damages, claims, costs or expenses suffered or incurred from misuse or unauthorized use of the registered phone numbers. |
2.4 |
You agree not to use the Service for any illegal purposes. If Spice i2i suspects fraudulent, abusive or illegal use of your registered phone numbers, Spice i2i may suspend, restrict or terminate the Service without prior notice. |
3. |
Charges and Payment |
3.1 |
Unless otherwise specified by Spice i2i, monthly invoice or statement will be issued to you for the Service provided hereunder (“Charges”). However, if the total amount of Charges for a month does not reach or exceed S$10/-, subject to the discretion of Spice i2i, Spice i2i shall not issue the invoice or statement to you for such month and the Charges for such month shall be credited to the following month’s invoice or statement. |
3.2 |
You undertake to make full payment of Charges to Spice i2i within the period prescribed in the invoice(s) issued to you. All payments shall be made in Singapore Dollars. |
3.3 |
In the event of overdue payment by you of any sums due (except for any amount disputed by you in accordance with Clause 4.1), Spice i2i shall have the right to charge interest of 1% on the outstanding amount from the date of invoice until the date of full payment. |
3.4 |
All Charges as reflected in the invoice(s) issued by Spice i2i to you are based on the rates indicated in the Application or such other rates as may be prescribed/ revised by Spice i2i from time to time. Spice i2i reserves the right to change the rates charged and destination, without prior notice, with effect upon posting such changes on the Website or making such information available to you. You are responsible to visit the Website periodically to review the updated rates. |
3.5 |
Unless otherwise determined by Spice i2i, rate charges for the Service shall be charged in accordance to the rate plan as proposed to you or as posted on the Website. |
3.6 |
Charging commences as soon as a call is answered regardless of whether the call is answered by human or machine. Charges computation shall be based on call detail record (“CDR”) data recorded in Spice i2i’s system. The data shown on the CDR shall be final and conclusive. |
3.7 |
You should pay Spice i2i in the following modes of payment:- |
i. |
GIRO: you can fill up a GIRO application form that permits Spice i2i to deduct the amount of the bill directly off the designated bank account for payment of current bill and all subsequent bills. You can request for a GIRO application from Spice i2i’s office. |
ii. |
Credit Card: - Spice i2i accepts payment by major credit cards such as Visa, MasterCard or American Express Card or any other credit cards as may be designated by Spice i2i from time to time. Where you have chosen this method of payment, you shall be deemed to authorize Spice i2i to charge the invoice amount due to the designated card for payment of current bill and all subsequent bills. |
iii. |
Any other means as may be mutually agreed and expressly provided by Spice i2i. |
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If Spice i2i is unable to make the deduction or settlement with your bank or credit card company, payment for outstanding amounts must be made in cash in person at Spice i2i’s office together with any administrative fees for the failed transaction. |
3.8 |
The Charges are exclusive of all taxes. You are responsible to pay for any goods and services tax or any other tax imposed on the Service. |
4. |
Dispute |
4.1 |
Subject to clause 4.4, if you dispute in good faith the amount in an invoice or any part thereof, you must notify Spice i2i in writing within 30 days (“Dispute Notification Period”) of the invoice setting out the reasons for the dispute and the exact amount disputed. |
4.2 |
Spice i2i and you shall use reasonable endeavour to resolve the above dispute within 30 days from the date the dispute was first notified to Spice i2i. |
4.3 |
Where an invoice is in dispute, the undisputed charges shall be paid by you within such time as is stated in the invoice. If the dispute is resolved in Spice i2i’s favour, you shall pay the outstanding portion of all invoiced amount with such time as is stated in the respective invoices, or 1 week from the date of resolution of the dispute, whichever is later. |
4.4 |
In the event you have paid an invoice and subsequently choose to dispute the invoice, you may have one year from the date of the invoice (“Dispute Notification Period”) to notify Spice i2i for the dispute. Failure to contest an invoice within the Dispute Notification Period, shall create an irrefutable presumption of the correctness of the invoice and all charges thereunder shall be payable in accordance with clause 3.2 above. |
5. |
Termination and Suspension of Services |
5.1 |
Spice i2i may terminate or suspend the Service at any time without prior notice upon the occurrence of the following events: |
i. |
any disruption or congestion of or in any telecommunication network, system or services; or |
ii. |
you fail to pay Spice i2i any sum for which Spice i2i has been billed or requested to make any payment in respect thereof; or |
iii. |
you have breached or failed to comply with any of the Terms and Conditions; or |
iv. |
you have provided false or incomplete information to Spice i2i; or |
v. |
bankruptcy, liquidation or judicial management proceedings have been commenced against you; or |
vi. |
Spice i2i has ceased to provide and supply the Service to the public. |
5.2 |
Either party may terminate the Service by giving the other party THIRTY (30) days prior written notice without any reason. |
6. |
Disclaimer and Limitation of Liability |
6.1 |
The Service is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by applicable law, Spice i2i makes no warranty, express or implied, with respect to the Service provided hereunder, and expressly disclaims any warranty of merchantability, satisfactory quality, description or fitness for any particular purpose or function. Spice i2i does not represent or warrant that the Service will be uninterrupted and error-free. No advice or information, whether oral or written, obtained by you from Spice i2i or its distributors will create any warranty not expressly set out in these Terms and Conditions. |
6.2 |
To the fullest extent permitted by applicable law, under no circumstance, including but not limited to negligence, shall Spice i2i be liable to you for any direct, indirect, incidental, special or consequential damages or expenses of any type or nature suffered or incurred by you as a result of or arising from use of or inability to use the Service. |
6.3 |
You shall indemnify and keep Spice i2i harmless from all losses, damages, claims, liabilities, costs and expenses incurred or suffered by Spice i2i as a result of or arising from or in connection with your failure to comply with these Terms and Conditions. |
7. |
Notice |
7.1 |
Any notice to be given by you must be in writing and delivered to Spice i2i’s address. |
7.2 |
You shall notify Spice i2i immediately in the event of any changes of your billing address. |
8. |
Governing Law and Jurisdiction |
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This agreement is governed by and shall be construed in accordance with the laws of Singapore and the parties hereto submit to the non-exclusive jurisdiction of the courts of Singapore. |
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November 2009 Spice i2i Limited |
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3. EULA
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE PROCEEDING. BY INSTALLING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AND ARE DEEMED TO HAVE "SIGNED" THIS LICENSE FOR ALL LEGAL PURPOSES. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU ARE NOT AUTHORIZED TO INSTALL OR USE THIS SOFTWARE.
BY CLICKING ON THE "Yes" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "No" BUTTON AND THE APPLICATION WILL NOT BE INSTALLED.
SPICE I2I LIMITED ® END USER LICENSE AGREEMENT
GRANT
Spice i2i Limited ("MediaRing") hereby grants you a nonexclusive, limited, nontransferable license to download and use the accompanying client software product (the "SOFTWARE") for the purpose of using the s-connect service (the “SERVICE”).
You may install and use the SOFTWARE on any computer and / or mobile communication device owned by you subject to the terms and conditions of this LICENSE.
You may not: (i) modify, translate, reverse engineer, decompile, or disassemble the SOFTWARE (except to the extent applicable laws specifically prohibit such restriction), otherwise reduce it to human-perceivable form, or create derivative works; (ii) copy, rent, lease, distribute, or otherwise transfer rights to the SOFTWARE; or (iii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on or with the SOFTWARE.
SOFTWARE ENHANCEMENTS AND UPDATES
Spice i2i is under no obligation to provide this SOFTWARE or any enhancement or upgrade free of charge. This LICENSE does not grant you any right to any enhancement or update. However, you may have to install enhancements or upgrades provided by Spice i2i and/or its third party suppliers from time to time for continued access to s-connect Services. Any such enhancements or upgrades shall be subject to the provisions of the then-applicable Software License Agreement.
SERVICES
This service is governed by the SERVICE Terms and Conditions and of Terms of Use, which can be found at http://www.s-connect.com.
TITLE
The SOFTWARE is licensed, not sold. Title, ownership rights, and intellectual property rights in and to the SOFTWARE shall remain in Spice i2i and its suppliers or licensors. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Spice i2i's or its third party suppliers’ ownership of or rights with respect to the SOFTWARE. The SOFTWARE is protected by the intellectual property laws of the United States and Singapore and international intellectual property treaties. Title, ownership rights, and intellectual property rights in and to any software, data, or content accessed through the SOFTWARE is the property of the applicable owner and may be protected by applicable copyright or other law. This LICENSE gives you no rights to such software, data or content, except the limited license to use the SOFTWARE as described in this License.
USE
Portions of the SOFTWARE access the hardware and software of your computer and / or mobile communication device to build a profile of the products you have installed. This profile will be developed and used in accordance with Spice i2i’s Privacy Policy available at http://www-s-connect.com.
DOWNLOAD
Spice i2i does not represent, guarantee or warrant that the Software available for download hereunder is free of infection, viruses, worms, Trojan horses or other malicious, contaminating or destructive code (hereafter, “Malicious Code”). It is your responsibility to implement safeguards against Malicious Code, and Spice i2i will not be liable for any damages arising from your failure to do so.
DISCLAIMER OF WARRANTY
SINCE THE SOFTWARE IS PROVIDED FREE OF CHARGE, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY YOU. SPICE I2I DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE OR CALLS USING THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR WITHOUT PACKET LOSS. FURTHERMORE, SPICE I2I DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, SECURITY, SECURE OPERATION OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SPICE I2I SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU AND NOT SPICE I2I ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. IN ADDITION, SOFTWARE HAS INHERENT SECURITY LIMITATIONS, AND YOU MUST DETERMINE THAT THIS SOFTWARE AS WELL AS ANY OTHER SOFTWARE WHICH USES DATA GENERATED BY THE SOFTWARE SUFFICIENTLY MEETS YOUR REQUIREMENTS. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, SPICE I2I DISCLAIMS ALL APPLICABLE STATUTORY WARRANTIES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME COUNTRIES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY OR BY JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SPICE I2I OR ITS LICENSORS, 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, BREACH OF SECURITY, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES, COMMERCIAL OR OTHERWISE. IN NO EVENT WILL SPICE I2I BE LIABLE FOR ANY DAMAGES, EVEN IF SPICE I2I SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
TERMINATION
This LICENSE will terminate automatically if you fail to comply with the limitations described above. Spice i2i reserves the right to alter and/or terminate this LICENSE and deny and/or prohibit individuals or corporations from using the SOFTWARE. Spice i2i may terminate this LICENSE at any time by delivering notice to you in any manner it deems reasonable, including posting on the website, and you may terminate this LICENSE at any time by destroying or erasing your copy of the SOFTWARE. Upon termination of this LICENSE, you agree to destroy or erase all copies of the SOFTWARE. The TITLE, DISCLAIMER OF WARRANTY and LIMITATION OF LIABILITY sections of this LICENSE shall survive the termination of this LICENSE.
EXPORT CONTROLS
None of the SOFTWARE or underlying information or technology may be downloaded or otherwise exported or re-exported into or transferred to any country in which Singapore has embargoed goods or to any person or country where such export or transfer or use is prohibited by the United States Export Administration Act or any other export laws. By downloading or using the SOFTWARE, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
HIGH-RISK ACTIVITIES
The SOFTWARE is not fault-tolerant and is not designed, manufactured or intended for use in hazardous environments requiring fail-safe performance, such as in nuclear facilities, aircraft navigation or communications systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the SOFTWARE should lead directly or indirectly to death, personal injury, or severe physical or environmental damage ("High-Risk Activities"). ACCORDINGLY, Spice I2I SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH-RISK ACTIVITIES. You agree that Spice i2i will not be liable for any claims or damages arising from the use of the SOFTWARE in such applications or High-Risk Activities.
MISCELLANEOUS
Spice i2i may make changes to this LICENSE from time to time by making such changes available on the s-connect website at http://www.s-connect.com. If any provision of this LICENSE is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This LICENSE shall be governed by and construed under the laws of the Republic of Singapore. No waiver of breach, failure of any condition, or waiver of any right or remedy contained in or granted by the provisions of this LICENSE will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any other breach, failure, right or remedy, whether or not similar, shall be implied, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Licensee may not transfer or assign this license to any third party without the prior written consent of Spice i2i; any attempted transfer or assignment without Spice i2i’s consent shall be void.
MEDIARING is a registered trademark of Spice i2i Limited in Singapore, the USA, and other countries. S-connect is a registered trademark of Spice i2i Limited in Singapore and the USA. In some countries where these trademarks are not registered, they are trademarks of Spice i2i Limited.
Adobe® Flash® Player. Copyright © 1996 – 2006 Adobe Systems Incorporated. All Rights Reserved.
Protected by U.S. Patent 6,879,327; Patents Pending in the United States and other countries. Adobe and Flash are either trademarks or registered trademarks in the United States and/or other countries.
October 2009 version 1.0
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