SMS-it! Copyright (C) 1996-2010 MAW Software Ltd. All Rights Reserved For ordering information, please go to our web site on http:\\www.mawnet.com License Agreement for SMS-it!, hereunder the SOFTWARE. You should carefully read the following terms and conditions before using this SOFTWARE. Unless you have a different license agreement signed by MAW Software Ltd. your use of this SOFTWARE indicates your acceptance of this license agreement and warranty. Registered Version One registered copy of the SOFTWARE may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used non- simultaneously by multiple people, but not both. You may access the registered version of the SOFTWARE through a network, provided that you have obtained individual licenses for the SOFTWARE covering all workstations that will access the SOFTWARE through the network. For instance, if 8 different workstations will access the SOFTWARE on the network, each workstation must have its own license, regardless of whether they use the SOFTWARE at different times or concurrently. Disclaimer of Warranty THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE. This disclaimer of warranty and the following GTB constitutes an essential part of the agreement. No use of the SOFTWARE is authorized hereunder except under this Disclaimer and GTB. General Conditions and Terms of Business: 1. Contracting parties These General Conditions and Terms of Business are valid between MAW Software Ltd., CH-8808 Pfäffikon (hereafter called 'MAW Software') and every person (hereafter called 'The Customer') who uses the 'MAW SMS Internet-Service'. N.B.: For aesthetic reasons and for the sake of simplicity we shall only use the male form in this text, but it is of course to be considered valid for the female form as well. 2. Object of the agreement MAW Software offers the customer access to the MAW SMS Internet-Service. By using its services the customer accepts the General Conditions and Terms of Business. 3. Services According to these terms, the access to the MAW SMS Internet-Service for the customer is on principle offered for 24 hours and 7 days per week, provided this is technically possible. Technical problems arising through MAW Software will be solved as soon as possible. During normal office hours MAW Software also supports the customer in case of technical questions, problems concerning installation and use. Where this support goes beyond the usual volume of information or if it refers to incorrect use of the service on behalf of the customer or if the appliances used by the customer don't function properly, MAW Software reserves the right to charge the customer for this additional service. 4. Rights and Duties of the Customer As long as no further written agreement has been negotiated with MAW Software, only the customer himself is allowed to use the services of MAW Software described in these GTB. The customer is under no circumstances allowed to offer a third party these services. The customer is allowed to transfer the rights and duties of these GTB to a third party only with explicit written permission from MAW Software. The customer is responsible for any use and exploitation of his connection and assumes at all times the responsibility to respect all local, state, national and international regulations, particularly those concerning the safety of data, telecommunication systems, copyright and criminal law while using the services offered by MAW Software (transmission or retrieval of data). The customer is responsible for giving MAW Software immediate written information in case he becomes aware of the transmission of illegal content or illegal use of the Internet. He is further responsible for informing MAW Software about any shortcomings of the services offered or any illegal use of these through a third party (EG Hacker). The customer is responsible for a safe transmission of data in order to avoid illegitimate interference with other systems as well as to prevent the spreading of viruses. He is aware of all the risks connected with data safety (e-mails, newsgroups, file transfers etc.) and tries to minimize them through ciphering, code encryption, periodical changes of password etc. The customer is responsible for ensuring that all the appliances used for access to the services offered by MAW Software (Hard- and Software) always work properly. Telephone charges as well as the costs for hardware and installation are charged to the customer. He is also responsible for punctual payment of the subscription charge and acknowledges MAW Software the right to deny him access to the MAW SMS Internet-Service in case of non-payment or if his payment is delayed. The customer allows MAW Software the right to use and pass on the information and the data concerning his person as long as this is necessary for the fulfillment of the services offered in these terms. If the customer doesn't respect one or more of the duties here described, MAW Software has the right to force him to fulfill them or to withdraw from the agreement, cancel the supply of its services and delete the data referring to the customer. 5. Fees The fees for the services offered by MAW Software to the customer are those described in the current price lists. If nothing else is specified the price lists include VAT. MAW Software will do its best to offer its customers the best possible conditions but, as the costs of the MAW SMS Internet-Service also depend on the fees charged by a third party (All Wireless, Vodaphone, Orange, Swisscom, Swissphone, Sunrise, D2...), it reserves the right to modify them relatively without previous notice. If the customer doesn't pay or pays the fees late, MAW Software is allowed to stop access to the MAW SMS Internet-Service immediately and delete the data referring to the customer after 30 days. 6. Bills(Invoices) must be paid within the set term and without any deduction. If a bill is not paid punctually, MAW Software has the right to terminate the supply of its services. After the second reminder the customer will be charged CHF 20.- as well as a supplement of 5% on the total amount. MAW Software is allowed to define a limit to the amount of services supplied without prepayment. 7. Condition of Liability MAW Software endeavors to offer at all times the highest qualified services. It will try to repair any breakdown or defect as soon as possible. In case MAW Software does not accomplish this within a reasonable delay, and is exclusively responsible, the customer is entitled to withdraw immediately from the agreement. The customer explicitly agrees that MAW Software, according to the regulations in force, declines any responsibility for direct or indirect damage, or any other kind of consequences which could occur through the use of the services offered by MAW Software, respectively caused by the interruption of the services. The customer is aware that the MAW SMS Internet-Service is simply a component of a very complex technical system and that MAW Software cannot assume any responsibility concerning the rest of the system components to which the MAW SMS Internet-Service is connected. 8. Special Terms of Business • The customer gives his permission for the processing of his personal data. He retains the right to withdraw this permission for the future, but he must be aware that this will automatically terminate the services offered by the MAW SMS Internet-Service. • MAW Software is authorized, if requested, to pass on this data to recipients of messages which are sent in the name of the customer. • The customer authorizes MAW Software to use data concerning his person for self advertising and for statistical purposes. • The customer is aware that the messages he sends as well as the data connected to them can be logged and evaluated. • The customer agrees that these data, which were sent on behalf of the customer, can be given to the message recipient. • The customer guarantees that the recipient of messages has agreed to receive them. • MAW Software does not pass on customer data (except in case of illegitimate activity) to 3rd. parties (advertisers, customers, proxy companies etc.). • The customer is solely responsible for the content of the messages he sends, for their frequency and the time of transmission. It is absolutely forbidden to send messages with illegal, criminal or other unsuitable content. MAW Software reserves the right to block the account of the customer without prior notice in case of suspicion of unlawful use of the service. • If the customer wishes to send advertising messages, he must include a hotline number in the text. • The customer is aware that MAW Software, though offering the technical support for the transmission of messages, declines all responsibility for the transmission of illegal or unsuitable content by the customer. • The customer realizes that a systematic check or censorship of the content is very difficult because of the wide variety and volume of data and the lack of time. The responsibility of MAW Software concerning checking and safety can only be limited to the blocking of illegitimate users it has detected or who have been reported. • The customer is responsible for taking the necessary steps, at his own expense, to eliminate any risks or danger resulting from illegal behavior or incidents (hacker attacks, computer crashes, virus damage etc.) connected with any linked electronic data processing equipment because the level of risk concerning the protection of data lies within the customer's scope. The customer is also responsible for perfecting this level of protection (e.g. Firewalls, data safety devices, anti-virus devices). • The customer acknowledges the risk of passing on credit card numbers, passwords, sensitive data and accepts the risks connected with e-shopping (shopping via Internet). • Sending messages with added-value phone numbers in the text is not allowed (e.g. 0900 ...). • Accounts which are not used for 12 months (no log-in registered) are automatically cancelled, any remaining balance is forfeited. 9. Duration of the terms, notice to quit The contract period depends on the conditions published on the Internet pages of MAW Software for a particular kind of contract at the time of the conclusion of the contract. Without timely notice to quit, the agreement is automatically considered valid for the next published contract period and the customer is responsible for the payment of the fees relating to the services. The customer or MAW Software are entitled to terminate the agreement with written notice, on expiry of the contract period defined in the contract, (date of the post-stamp).Premature notice to terminate the contract does not entitle the customer to the return of part of the fees paid. Credit balances for data or hours are exclusively limited to the duration of the contract. 10. Final regulations The description of the services as defined on the Internet pages of MAW Software and the General Conditions and Terms of Business explicitly recognized by both the contracting parties constitute the entire agreement on the contractual rights and duties between the customer and MAW Software. Communication with the customer is effected via the web-site of MAW Software or E-mail. MAW Software reserves the right at all times to alter the General Terms of Business and the characteristics of the MAW SMS Internet-Service. MAW Software will inform the customer about substantial modifications via the homepage. If the customer doesn't agree with the new regulations, he is entitled to terminate the business agreement as of the end of the official contract period, by giving written notice one month after the information concerning the modification has been published. In all other cases the modified General Conditions and Terms of Business or characteristics of the MAW SMS Internet-Service will apply to the contract on the date those changes came into force. Appointed Court of Jurisdiction for the customer as well as MAW Software is the domicile of MAW Software. MAW Software maintains the right to prosecute the customer at his domicile or residence. The entire relationship between MAW Software and the customer is exclusively subject to Swiss Law. These General Conditions and Terms of Business apply from 21th of June 2008. MAW Software Ltd. Weidstrasse 27 8808 Pfäffikon Switzerland info@mawnet.com http://www.mawnet.com