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MO-Call PC End User Software License Agreement

This is a legal agreement ("the Agreement") between you and Morodo Group Limited ("Morodo"), the developer and provider of the MO-Call PC software and service. This Agreement pertains to your use of the MO-Call PC software, technology, programs, documentation and updates which are provided to you by Morodo (collectively, the "Software"). Please read the terms and conditions below.

License

This Agreement grants you a personal, non-exclusive, non-transferable right to use one copy of the Software for your own personal use on a single computer and/or workstation. Morodo reserves all rights in the Software not expressly granted herein, including without limitation ownership and proprietary rights.

License Restrictions

You may not reproduce or distribute the Software for any purpose whatsoever. Without limiting the foregoing, you may not copy the Software to any server or location for reproduction or distribution. You may not reverse engineer, decompile or disassemble the Software. The restrictions contained herein apply equally to any updates that may be provided to you by Morodo.

Intellectual Property Rights and Third Party Materials

All service marks, logos, trade names and trademarks of Morodo (collectively "Marks") are the exclusive property of Morodo and nothing in this Agreement shall grant you the license to use such Marks. All intellectual property rights in the Software and Services, including without limitation all computer code, audio, graphics, and text incorporated into the Software or Services, are owned exclusively by Morodo and are protected by European copyright laws and international copyright treaty provisions. Any violation of the terms set forth herein is expressly prohibited by law and may result in severe civil and criminal penalties.

Third Party Agreements

Certain software, or portions thereof, included in the Software are subject to the terms and conditions of open source license agreements and other third party agreements (collectively, "Third Party Agreements") which contain terms that may expand (or restrict) your and/or third parties' rights to use certain portions of the Software (collectively, "Third Party Software"). The Third Party Agreements may permit you and/or third parties to copy, modify, redistribute and have access to the source code of the Third Party Software portions of the Software. Notwithstanding anything in this Agreement, to the extent the terms and conditions of the Third Party Agreement are inconsistent with or contradictory to the terms and conditions of this Agreement, then the terms and conditions of the Third Party Agreements shall prevail and control, only insofar as they apply to any Third Party Software included within the Software. Nothing in this section shall permit you or any third party to use any Morodo trademark in connection with exercising the rights granted under the Third Party Agreements.

Disclaimer of Warranties

ALL SERVICES AND SOFTWARE PROVIDED BY MORODO ARE PROVIDED "AS IS." MORODO AND ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES MAKE NO WARRANTY TO YOU OR ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, COMPLETENESS, OR FITNESS FOR A PARTICULAR USE OR PURPOSE AS TO THE SERVICES OR SOFTWARE PROVIDED TO YOU, OR AS TO ANY OTHER MATTER, ALL SUCH WARRANTIES HEREBY BEING EXPRESSLY EXCLUDED AND DISCLAIMED. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SOFTWARE OR SERVICES.

NEITHER MORODO NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES WARRANTS THAT THE SOFTWARE OR SERVICES WILL BE FREE FROM ANY VIRUS OR OTHER CODE THAT IS CONTAMINATING OR DESTRUCTIVE BY NATURE AND YOU ARE RESPONSIBLE FOR IMPLEMENTING AND MAINTAINING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT AS WELL AS PROTECTION FROM SUCH VIRUSES OR OTHER CODE THAT MAY CONTAMINATE OR DESTROY YOUR SYSTEM OR DATA.

NEITHER MORODO NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES WARRANTS THAT THE SOFTWARE OR SERVICES ARE ERROR FREE OR WILL OPERATE WITHOUT PACKET LOSS OR INTERRUPTION, NOR DOES MORODO WARRANT ANY CONNECTION TO OR ANY TRANSMISSION OVER THE INTERNET. MORODO MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AS TO THE QUALITY OF THE CALL.

Limitation of Liability

IN NO EVENT SHALL MORODO, ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY RESPECT FOR ANY COSTS OR DAMAGES ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE USE OF MORODO'S SERVICES OR SOFTWARE INCLUDING WITHOUT LIMITATION ANY ACTUAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, USE, DATA, GOODWILL OR BUSINESS OPPORTUNITIES OF ANY KIND OR NATURE WHATSOEVER, ARISING IN ANY MANNER FROM ANY CAUSE OF ACTION OR CLAIM RELATING TO THIS AGREEMENT, TO THE SERVICES PROVIDED BY MORODO OR TO THE USE OF THE SOFTWARE. THIS LIMITATION OF LIABILITY APPLIES EQUALLY TO ANY THIRD PARTIES WITH WHOM MORODO ENTERS INTO A BINDING AGREEMENT TO MARKET, DISPLAY AND/OR DISTRIBUTE THE SOFTWARE TO END USERS AND SUCH THIRD PARTIES SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY OF THE DAMAGES SET FORTH ABOVE.

Indemnification

You agree to indemnify and hold Morodo, its officers, directors, employees, agents, shareholders, licensors, suppliers, and any third party distributors harmless from and against any and all damages, losses, costs including attorney fees and expenses resulting from any violation by you of this Agreement or asserted by any third party due to or arising out of your use of or conduct with respect to the Software or Services.

Termination

Morodo reserves the right to terminate this Agreement and your use of the Software and Services at any time and for any reason or no reason at all. You may terminate this Agreement at any time simply be ceasing to use the Software and Services. The provisions contained herein shall survive termination of this Agreement.

EMERGENCY CALLS

YOU EXPRESSLY ACKNOWLEDGE THAT EMERGENCY CALLS ARE NOT INTENDED TO BE CARRIED/SUPPORTED BY THE SOFTWARE OR SERVICES AND THAT NEITHER MORODO NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES ARE OR WILL BE LIABLE FOR SUCH CALLS.

Other Provisions

This Agreement and the relationship between Morodo and you shall be governed in accordance with the laws of the England. Any dispute between you and Morodo regarding this Agreement will be subject to the exclusive jurisdiction of the courts of England.

This Agreement is the entire agreement between you and Morodo relating to your use of the Software or Services and supersedes any other communications or advertising with respect to the Software and Services. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Morodo's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Morodo may assign its rights and duties under this Agreement to any party at any time without notice to you.

Modifications of Agreement

Morodo may modify this Agreement at any time without providing notice to you. Such modification will be made by posting a revised agreement on its web site and such modification shall be deemed effective immediately upon posting of the modified Agreement. Your continued access or use of the Software or Services shall be deemed your acceptance of the modified Agreement. You agree to check our web site periodically to review such modifications.

Termination or Modifications of Software or Services

Morodo reserves the right to terminate or modify the Software or Services at any time without providing notice to you. Morodo's right to modify the Software or Services applies to all or any aspect of the Software or Services, including, without limitation, changes to the pricing of the Services and/or limitations on the duration of calls. Your continued access or use of the Software or Services shall be deemed your acceptance of such modifications. You agree to check our web site periodically to review such modifications.


 
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