Mobiola WebCam USB for S60 2nd Edition 1.4

IMPORTANT - READ THIS AGREEMENT BEFORE USING THE SOFTWARE. BY USING THE

SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

This is a license agreement (the "Agreement") between you and Warelex LLC

("Warelex").

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE

THE SOFTWARE PROGRAM (THE "SOFTWARE") AND REMOVE THE SOFTWARE.

IMPORTANT - READ THIS AGREEMENT BEFORE USING THE SOFTWARE. BY USING THE

SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

This is a license agreement (the "Agreement") between you and Warelex LLC

("Warelex").

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE

THE SOFTWARE PROGRAM (THE "SOFTWARE") AND REMOVE THE SOFTWARE.

In consideration of the right to use the Software, you agree to abide by the

terms and conditions of this Agreement.

1. LICENSE

Warelex grants you the non-exclusive right to use the Software only with a single

mobile phone. Each license is bound to one mobile phone serial number

(IMEI number) and cannot be transferred to other phones.

YOU SHALL NOT ASSIGN, SUBLICENSE, RENT, LEASE, LOAN, CONVEY OR OTHERWISE USE,

TRANSFER, COPY, TRANSLATE, CONVERT TO ANOTHER PROGRAMMING LANGUAGE, ALTER,

MODIFY, DECOMPILE OR DISASSEMBLE THE SOFTWARE, IN WHOLE OR IN PART, EXCEPT AS

EXPRESSLY PROVIDED IN THIS AGREEMENT.

You may not:

1) Use the Software to offer service bureau or facilities management services

to third parties;

2) Distribute, rent, lease, loan, or resell the Software or any copy of it;

3) Reverse engineer, decompile, disassemble, analyse or otherwise examine or

attempt to expose the code of the software in the Software;

4) Modify, adapt, translate or create derivative works based on the Software

or any part thereof;

5) Remove, obliterate, deface or in way alter the notice of Warelex's or third

parties' proprietary rights related to the Software;

6) Grant sublicenses to the Software nor assign any rights or obligations

under this Agreement to a third party or otherwise dispose of or deal with

those rights or obligations.

2. SUPPORT

Warelex is not obligated to provide maintenance or support for use of the

Software.

3. TERM

This Agreement is effective upon your using the Software and remains in effect

until expiration of all copyright interests in the Software unless earlier

terminated. You may terminate this Agreement by removing the Software. This

Agreement will also terminate without notice to you if you fail to comply with

any of the terms of this Agreement and you must then immediately remove the

Software. In addition, Warelex may enforce its other legal rights.

4. LIMITED WARRANTY AND LIMITATION OF LIABILITY

It is your responsibility to choose, maintain and match the hardware and

software components of your phone or computer system. Thus Warelex does not

guarantee uninterrupted service or correction of errors, that the operation of

the Software will be uninterrupted or error-free, or that the functions or

performance of the Software will meet your requirements.

THE SOFTWARE IS LICENSED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND.

WARELEX, WARELEX'S SUBSIDIARIES, DISTRIBUTORS AND DEALERS DISCLAIM ALL

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR

FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE.

NEITHER WARELEX NOR ANY OF WARELEX'S SUBSIDIARIES, DISTRIBUTORS OR DEALERS IS

LIABLE FOR ANY DAMAGES HOWSOEVER CAUSED, INCLUDING WITHOUT LIMITATION, DIRECT,

CONSEQUENTIAL OR INCIDENTAL LOSS OR DAMAGE INCLUDING LOSS OF PROFITS, EXPENSE

OR INCONVENIENCE HOWSOEVER CAUSED OR ARISING OUT OF THE SOFTWARE OR THE USE

THEREOF.

In no event shall Warelex, its affiliates, its employees or licensors be liable

for any lost data or cost or procurement of substitute goods or services,

property damage, personal injury or for any special direct, indirect,

incidental, economic, cover, punitive, special, or consequential damages

however caused and whether arising out of the use of the Software, even if

Licensor or its licensors are advised of the possibility of such damage.

NEITHER WARELEX, NOR ANY OF WARELEX'S SUBSIDIARIES, DISTRIBUTORS OR DEALERS

SHALL HAVE ANY OBLIGATION TO INDEMNIFY YOU AGAINST ANY CLAIM OR SUIT BROUGHT BY

A THIRD PARTY ALLEGING THAT THE SOFTWARE OR THE USE THEREOF INFRINGES ANY

INTELLECTUAL PROPERTY OF SUCH THIRD PARTY.

5. SEVERABILITY

In the event that any provision of this Agreement is declared or found to be

illegal by any court or tribunal of competent jurisdiction, such provision

shall be null and void with respect to the jurisdiction of that court or

tribunal and all the remaining provisions of this Agreement shall remain in

full force and effect.

6. GOVERNING LAW

This Agreement shall be interpreted, construed and governed by the laws of the

Commonwealth of Massachusetts, USA. You agree to submit to the jurisdiction of the

state and federal courts of the State of Massachusetts, and that any legal

action pursued by you shall be within the exclusive jurisdiction of the Commonwealth

of Massachusetts, U.S.A.

7. OWNERSHIP

All rights, including but not limited to copyrights and trade secret rights, to

the Software belong to Warelex, its affiliated corporations and third party

licensors. Your use of the Software is subject to USA and other applicable

copyright and trademark laws and nothing in this Agreement constitutes a waiver

of the rights of Warelex and third party licensors under such laws. Nothing

contained in clause 1 shall be construed to give Warelex any ownership rights

in any video or image material that you save in connection with the Software.

8. INTELLECTUAL PROPERTY RIGHTS

All right, title and interest including any and all intellectual property

rights in and to the Software are and shall at all times remain the sole and

exclusive property of the Warelex. You shall have no other rights to the

Software than the limited rights expressly granted to you in this Agreement.

The license granted herein to you is of non-exclusive nature and do not in any

manner restrict or limit Warelex's, or its licensors as applicable, right to

exploit the Software or any parts thereof as they deem fit.

9. ACKNOWLEDGEMENT

BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT,

UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO

AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT

BETWEEN YOU AND WARELEX, AND ITS HEIRS AND ASSIGNS, CONCERNING THE SUBJECT

MATTER HEREOF AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, VERBAL OR

WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE

SUBJECT MATTER HEREOF. NO AMENDMENT TO THIS AGREEMENT SHALL BE EFFECTIVE UNLESS

SIGNED BY A DULY AUTHORIZED OFFICER OF WARELEX.