End-User License Agreement BY CLICKING THE ACCEPT BUTTON OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT (“LICENSE”), THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS (“ACCEPTANCE”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, CLICK THE QUIT BUTTON AND PROMPTLY DELETE THE SOFTWARE. 1. Title & Ownership. The software which this license is a part of, including any revisions, corrections, modifications, enhancements, updates and/or upgrades thereto, (hereinafter in whole or any part thereof defined as: "Software"), and the related documentation, IS NOT FOR SALE and is and shall remain exclusively Moblica Ltd’s (“Licensor”) property. All intellectual property rights (including, without limitation, copyrights, trade secrets, and trademarks) evidenced by or embodied in and/or attached/connected/related to the Software, are and shall be owned exclusively by Licensor. This Agreement does not convey to you an interest in or to the Software, but only a limited right of use revocable in accordance with the terms hereof. 2. Third Party Services. The Software may be used to access services provided by third parties (“Third Party Services”). Licensor has no responsibility or control over the content or provision of Third Party Services. This License does not grant any right or license to use, nor does it relate in any manner to Third Party Services that are governed by the terms of use or terms of service of the provider of the Third Party Services. 3. Licenses. Subject to the terms and conditions set forth herein including payment of applicable fees for Third Party Services, and for the duration hereof, Licensor hereby grants you a nonexclusive, transferable in accordance with Section 4 below (without the right to sub-license), limited and fully revocable license to use the Software, in object code form only, for the purpose of accessing the Licensor’s services and Third Party Services. The Software shall not be used for any other purposes, including without limitation any commercial purpose. By submitting, and upon such submission of any content to Licensor or through the Software, for example and without limitation, by messaging, by e-mail, in forums, by uploading, linking, SMS, and/or MMS, you will grant Licensor a worldwide, irrevocable, perpetual, non-exclusive, royalty-free and assignable license to use, reproduce and have reproduced, modify and have modified, publicly perform and publicly display such content and distribute reproduced and modified copies thereof. YOU AGREE TO INDEMNIFY AND HOLD LICENSOR, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, PARTNERS AND THIRD PARTY LICENSORS HARMLESS FROM ANY AND ALL LOSS, COST, DAMAGE, LIABILITY AND EXPENSE, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATED TO ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, LINK, TRANSMIT OR OTHERWISE MAKE AVAILABLE TO LICENSOR OR THROUGH YOUR USE OF THE SOFTWARE. 4. Limitation on Use. You agree not to (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share any of your rights under this License with/to anyone else except in accordance with this Section 4; (ii) modify, disassemble, decompile, reverse engineer, revise or enhance all or any part of the Software or create any derivative works or otherwise merge or utilize all or any part of the Software with or into other computer programs or other materials or attempt to discover all or any part of the Software’s source code; (iv) copy, publish or all or any part of the Software; (v) use any back-up or archival copies of the Software (or allow someone else to use such copies) for any purpose other than to replace an original copy if it is destroyed or becomes defective; or (vi) commercially exploit the Software in any manner whatsoever. You may freely transfer and/or share the Software with your friends or whomever you wish (“Friend(s)”), provided that you do so free of charge, and you ensure that your Friends are aware of the terms of this License. For the avoidance of doubt, Friends may use this Software only after Acceptance of the terms of this License by each individual Friend. 5. Privacy and Collection of Information. You acknowledge and agree that when using the Software Licensor collects information including without limitation: mobile device information, user information, usage information, IP addresses and names. Such use is subject to Licensor’s Privacy Policy available at: http://www.moblica.com. The Privacy Policy constitutes an integral part of this License and is hereby incorporated by reference. Given that the Privacy Policy may be changed from time to time, it is recommended that you read it periodically. 6. Warranty Disclaimer. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. THE SOFTWARE AND ANY CONTENT MADE AVAILABLE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGMENT, ANY WARRANTY FOR CONTENT INCLUDING WITHOUT LIMITATION DEFAMATORY, OBSCENE, OFFENSIVE OR CONTROVERSIAL CONTENT AND THE PROVISION OF OR FAILURE TO PROVIDE SERVICES. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND/OR ANY CONTENT DOWNLOADED REMAINS WITH YOU. 7. Content Disclaimer. Licensor does not control, monitor or guarantee the Third Party Services/information/content/web sites/ links made available to you, and does not endorse any views expressed or products or services offered therein. In no event shall Licensor be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services. Without derogating from the foregoing, in the event that any content made available to you via the Software is infringing or illegal, please refer to the Privacy Policy described above in Section 5, which sets forth the proper procedure for informing Licensor of any infringing or illegal content. 8. Technical Limitations. You agree and acknowledge that: (i) the Software is device dependant and therefore may not work entirely or properly with any specific device; (ii) the Software may not be supported by and may not work through all mobile network operators/carriers (“Mobile Network Operator(s)”; and (iii) your access to Third Party Services through the Software may not be constant and may be interrupted or intermittent due to maintenance performance, failures in mobile or Internet connectivity and/or failures in the provision of Third Party Services. Furthermore, the Software is network dependent and may require network support. In order to be able to use the Software you need to have access to the Internet from your mobile device and you need to ensure that your Mobile Network Operator supports and provides you data traffic delivery. Some networks also have other limitations that may affect your ability to use the Software. You are responsible for obtaining any information necessary regarding your abilities to use the Software from your respective service providers. 9. Limitation of Liability. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARARY DAMAGES OF ANY KIND, DAMAGES FOR LOST PROFITS, GOODWILL, WORK STOPPAGE, MOBILE HAND-HELD DEVICE (INCLUDING ANY EMBEDED SOFTWARE) DAMAGE AND/OR FAILURE AND ALL OTHER COMMERCIAL DAMAGES, INCLUDING WITHOUT LIMITATION THE FAILURE OF ANY THIRD PARTY SERVICES REGARDLES OF THE CASUE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You may incur additional fees from the use of mobile and/or Internet services of your Mobile Network Operators and/or other service providers (collectively “Service Providers”), including without limitation SMS, MMS and mobile Internet browsing and other services that require the use of airtime and mobile data services. You agree to verify with your Mobile Network Operator that you have an adequate data plan (preferably unlimited) and/or a wireless connection, prior to using the Software. For the avoidance of doubt, your Service Providers are in every respect solely responsible for the services they provide to you, and Licensor is in no way responsible for any charges or fees that may be charged to you by any Service Providers. 10. Termination. This Agreement shall terminate upon your failure to comply with the terms of this Agreement. You may terminate this License at any time without prior notice. Upon termination hereof: the license granted herein shall expire and you shall discontinue all further use of the Software and promptly erase/delete all copies of the Software in your possession and erase/delete any information held by you which contains or embodies Licensor’s intellectual property rights. Sections 1, 2, 5-13, 15 and 16 shall survive any termination of this Agreement. 11. Governing Law & Jurisdiction. This License shall be construed and governed in accordance with the laws of the State of Israel (without regard to conflict of law provisions), and the courts of Tel Aviv, Israel shall have exclusive jurisdiction and venue to adjudicate any conflict or dispute arising out of this License. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. 12. Government Regulation and Export Control. You agree that the Software will not be shipped, transferred, or exported into any country or used in any manner prohibited by law. You warrant that you will comply with all applicable export and re-export control laws. 13. Third Party Software. If the Software contains any software provided by third parties, such third party’s software shall be subject to the terms of the provisions and conditions set forth in the agreements or materials contained/attached to such software. In the event such agreements or materials are not available, such third party’s software is provided “As Is” without any warranty of any kind, and all the other provisions of this License shall apply to all such third-party software providers and third-party software as if they were Licensor and the Software respectively. 14. Reservation of Rights. Although the Software is provided free of charge, Licensor reserves the right to charge for the use of the Software or any part thereof by introducing a license fee. In the event that the Licensor, in its sole discretion, decides to introduce a license fee, the license set forth in Section 3 above shall be subject to payment of any applicable license fees to the Licensor. In addition, use of some parts of the service that is made available through the Software may be subject to separate charges, if any, about which notification would be made separately in connection with that part of the service. 15. Blocking, Deleting or Removing. Moblica may disallow the use of the Software if such use is illegal or when content is flagged or blocked at Moblica’s sole discretion without any prior notice. 16. Miscellaneous. This License represents the complete agreement concerning the subject matter hereof and may be amended only by a written agreement executed by both parties. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. Modifications and amendments to this License, including any exhibit, schedule or attachment hereto, shall be enforceable only if in writing and signed by authorized representatives of both parties. Nothing contained herein will be construed as creating any agency, partnership, joint venture or other form of joint enterprise between the parties. No action, regardless of form, arising out of this License may be brought by you more than two (2) years after such cause of action shall have been discovered. Revised: March 25th, 2008