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End-user License Agreement This End-User License Agreement ("Agreement") is a legal agreement between you, the individual user ("User"), and Bridge Mobile Alliance Inc. for the Bridge Mobile client program to which this Agreement is attached to or is a part of ("Bridge Mobile Software"). Bridge Mobile Software includes any and all materials, printed or electronic, furnished together with or in conjunction with the Bridge Mobile client program and shall include all modifications and versions thereof. Additional terms and conditions governing your rights and obligations regarding the Bridge Mobile Software and your use thereof are specified in Bridge Mobile Web Site Terms of Service ("Bridge Mobile Terms of Service") found in www.bridgemobile.org ("Bridge Mobile Web Site"). Any reference made in this Agreement to Bridge Mobile Alliance Inc. shall be deemed to include, its subsidiaries, successors, assignees, affiliates and any company that controls Bridge Mobile Alliance Inc., directly or indirectly, and any other subsidiary of such controlling company Acceptance of Terms and Conditions. Your installation or use of the Bridge Mobile Software shall be deemed your acceptance to be bound by all the terms and conditions of this Agreement and the Bridge Mobile Terms of Service. If you do not fully agree with all the terms and conditions of this Agreement and the Bridge Mobile Terms of Service, please refrain from installing or using the Bridge Mobile Software or accessing and using the services included in the Bridge Mobile Web Site ("Bridge Mobile Services"). Grant and Termination of License. Bridge Mobile Alliance Inc. hereby grants User a license, on an "AS-IS, WHERE-IS" basis, for purely private personal use and with no right to sublicense, to install and use the Bridge Mobile Software in accordance with the terms and conditions of this Agreement and the Bridge Mobile Terms of Service. User acknowledges and agrees that the license is being granted without consideration other than User's faithful compliance with such terms and conditions. Any use of the Bridge Mobile Software in violation of or not in strict compliance with such terms and conditions shall constitute the automatic termination of the license and the Agreement and shall equally constitute a bar to User's access and use of the Bridge Mobile Web Site and the Bridge Mobile Services. In addition, Bridge Mobile Alliance Inc. may exercise any and all rights and remedies it may have. Upon such termination, User shall destroy his copies of the Bridge Mobile Software. Intellectual Property Rights. The Bridge Mobile Software, any and all of its aspects, parts or components, or any combination or permutation of such aspects, parts and components, are the exclusive intellectual property of Bridge Mobile Alliance Inc. and are protected under intellectual property laws and treaties. Generally, User may not exercise any ownership rights over the Bridge Mobile Software, any and all of its aspects, parts or components, or any combination or permutation of such aspects, parts and components and may not exercise any rights over the same other than as specifically granted by this Agreement. Specifically, User may not use in an unintended manner, copy, distribute, reverse engineer, decompile or disassemble the Bridge Mobile Software, any and all of its aspects, parts or components, or any combination or permutation of such aspects, parts and components. Availability, Modifications and Reduction of Software Functionalities. User acknowledges and agrees that Bridge Mobile Alliance Inc. may, at its sole discretion, at any time, without prior notice and without liability to any user or third party, limit, deny, create varying priorities or access to different users or different levels of service, update, modify or terminate, temporarily or permanently some or all of the functionality of the Bridge Mobile Software, the Bridge Mobile Web Site and the Bridge Mobile Services. User acknowledges and agrees to assume all risks relating to or arising out of such acts by Bridge Mobile Alliance Inc. to the exclusion of Bridge Mobile Alliance Inc.. Use of Bridge Mobile Software. User acknowledges and agrees that the license granted herein for the use of the Bridge Mobile Software is limited to purely private personal use only. Thus, any instance of use that includes business, commercial or institutional activities or pursuits, regardless of whether such use comprises the whole or only a part of User's usage of the Bridge Mobile Software, is absolutely prohibited, unless User procures a specific license thereof from Bridge Mobile Alliance Inc.. In addition to the termination of the User's license and this Agreement and Bridge Mobile Alliance Inc.'s other rights and remedies, User's business, commercial or institutional use shall make user liable to Bridge Mobile Alliance Inc. to subsequent assessment of service charges for such use. Additionally, User shall not use the Bridge Mobile Software, the Bridge Mobile Web Site and the Bridge Mobile Services for purposes contrary to law, customs and morals. Disclosure of Risks by Bridge Mobile Alliance Inc. and User's Assumption of Such Risks The Bridge Mobile Software, the Bridge Mobile Web Site and the Bridge Mobile Services are intended to facilitate internet to mobile, and vice-versa, personal short messaging communications. As with any internet-based facility, they are not intended, and Bridge Mobile Alliance Inc. hereby disclaims any intimation, suggestion or representation to the contrary, to be a facility free of various security, privacy and reliability issues. Thus, in addition to well-known risks attendant in any internet or internet-related use, any use of the Bridge Mobile Software, the Bridge Mobile Web Site and the Bridge Mobile Services for the transmission and reception of messages which contain confidential or any other content-sensitive matters or messages which if delayed or unreceived may result in damage is inherently risky. The User therefore is advised not to use and is warned from using the Bridge Mobile Software, the Bridge Mobile Web Site and the Bridge Mobile Services for such messages. If User uses the Bridge Mobile Software, the Bridge Mobile Web Site and the Bridge Mobile Services for such messages, User expressly and exclusively assumes the risks thereof to the exclusion of Bridge Mobile Alliance Inc.. Charge for Use. The personal computer to mobile aspect, the mobile to personal computer aspect and the mobile to mobile aspect of the Bridge Mobile Services shall be subject to the customary tariffs imposed and charged by the mobile carrier involved on each of the respective aspect. Disclaimer of Warranties. BRIDGE MOBILE ALLIANCE INC. MAKES NO AND HEREBY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE BRIDGE MOBILE SOFTWARE, THE BRIDGE MOBILE WEB SITE AND THE BRIDGE MOBILE SERVICES. USER ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE BRIDGE MOBILE SOFTWARE, THE BRIDGE MOBILE WEB SITE AND THE BRIDGE MOBILE SERVICES TO THE EXCLUSION OF BRIDGE MOBILE ALLIANCE INC.. Limitation of Liabilities. BRIDGE MOBILE ALLIANCE INC. WILL NOT BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY AND ALL DAMAGES, HOWEVER CLASSIFIED OR CATEGORIZED, ARISING OUT OF OR RELATED TO THE USE OR NON-USE, MISUSE, AVAILABILITY OR RELIANCE ON THE BRIDGE MOBILE SOFTWARE, THE BRIDGE MOBILE WEB SITE AND THE BRIDGE MOBILE SERVICES NOTWITHSTANDING THE FACT THAT BRIDGE MOBILE ALLIANCE INC. SHALL HAVE BEEN INFORMED OR NOTIFIED OF THE POSSIBILITY OF THE INSTANCE OF SUCH DAMAGES. Amendment of Terms and Conditions. Bridge Mobile Alliance Inc. may, at its sole and exclusive discretion, amend, modify, vary or altogether change the terms and conditions of this Agreement and the Bridge Mobile Terms of Service. By maintaining usage of the Bridge Mobile Software, the Bridge Mobile Web Site and the Bridge Mobile Services for a period of thirty (30) days after such change is posted on the Bridge Mobile Web Site, User is deemed to have agreed to amended, modified, varied or new terms and conditions. Choice of Law and Forum. This Agreement, the Bridge Mobile Terms of Service and the use of the Bridge Mobile Software, the Bridge Mobile Web Site and the Bridge Mobile Services shall be governed by the laws of the Republic of the Philippines . User expressly agrees that any and all dispute relating to or arising out of this Agreement, the Bridge Mobile Terms of Service and the use of the Bridge Mobile Software, the Bridge Mobile Web Site and the Bridge Mobile Services shall be subject to the exclusive jurisdiction of the appropriate courts of the Republic of the Philippines . User hereby expressly consents to the exercise of personal jurisdiction by the courts of the Republic of the Philippines. |
