PC SMS - Outlook SMS distribution permissions and end-user license agreement

- End User License Agreement (EULA) - DesktopSMS - ComUnified.com -

General terms
Please read this end user license agreement carefully before installing the software. This end user license agreement is a legal contract between you (either as a physical or a legal person) and ComUnified.com (respectively the provider of ComUnified.com) for the above named software DesktopSMS, encompassing as well optional media, printed material and documentation in electronic format. The software encompasses as well all updates and amendments to the originally supplied software by ComUnified.com. By installing, copying, downloading or otherwise utilizing the software you agree to the terms of this end user license agreement. If you do not agree to this end user license agreement, you are not allowed to install or use the software.

You are hereby notified, that according to the best available technology it is not possible to develop computersoftware programs which work faultless in any given environment. Subject to this contract is hence only a generally usable software with respect to the description and the user manual. The software is licensed without any warranty whatsoever.

The software is copyright protected intellectual property of ComUnified.com.

1. License contract
ComUnified.com grants to the user a timely unlimited, non exclusive license to use the software*).
*) However the user has to pay for the SMS sent with this software and has to carry related costs for online connection fees in order to download the software, updates and send messages with it. Optional the user may request additional functions in the software to be activated by paying the corresponding fees.

Additional regulations:

You are allowed to install, use, execute or interact with this software in other ways as per this agreement. ComUnified.com reserves all not explicitly granted rights. You are not allowed to reverse engineer, disassemble, decrypt, decompile, extract or change the licensed software in any other form.

You are not allowed to re- or sublicence, sell, rent, lease, loan or market the software of ComUnified.com or parts of it in any form without explicit permission of ComUnified.com. ComUnified.com reserves the right to delete the download of the software and change, alter, move or delete the corresponding website.

You are not allowed to publish the results of comparison or performance tests of this product to third parties without written permission of ComUnified.com.

All named registered trademarks are property of their respective owners. This end user license agreement does not grant you any rights with respect to the above named trademarks or copyrights.
Irrespective of any other rights of ComUnified.com the granted license is immediately revoked if you violate this end user license agreement. In such case you are obliged to destroy or delete any copies and all components in your possesion with respect to the licensed software.

2. Restricted support and bug fixing

ComUnified.com offers support with respect to the licensed software by providing documentation and helpfiles in online and other electronic formats. Additional support restricted to technical questions will be only provided by e-mail or through the hotline, where available. A right to potential errors resolution does not exists.

3. Export restrictions
You acknowledge that the software is subject to the export regulations of Germany. You agree to follow all applicable national and international laws which apply to this software, including but not limited to limitations with respect to the end user, usage and place of destination, which have been enacted by Germany and other governments and/or treaties.

4. Warning

5. Liability
The end user utilizes the software at its own risk. ComUnified.com is not liable for damages to the user or third parties which result out of the use or the distribution of the software. In no event whatsowever is ComUnified.com liable for lost turnover or profit or the loss of data or for direct, indirect, special, subsequential, incidental damages which have incurred through the use or impossibility to use the software, independent of any theoretical liability. This applies as well when ComUnified.com has been notified of such possibility for damages.

6. Copyright
This software is protected by copyright laws and other laws and convention with respect to intellectual property.
ComUnified.com or its suppliers are owners of the intellectual property, the copyright and other commercial trademarks to the software. The software is licensed, not sold.

7. Entire contract
This end user license agreement (EULA) including all addendum and amendments to this EULA accompanying this product, constitutes the complete contract between you as the user and ComUnified.com with respect to the software and the support (where applicable).
This EULA precedes all prior or oral or written agreements, proposals and assurances with respect to the software or any other terms of this EULA. If any terms of a ComUnified.com regulation or the ComUnified.com software contradict this EULA, the EULA precedes.

8. Applicable law
If you have downloaded and installed this software in Germany, this EULA is bound to the laws of germany. If you have downloaded and installed the software outside of Germany, local laws may apply.

# End User License Agreement - ComUnified.com - January 1st.2006 #

Terms and Conditions

1. Scope

a. All services rendered on www.ComUnified.com are owned by ComUnified.com are subject to these terms and conditions for registered and non-registered users. The user of the website or the software has to accept these terms and conditions by activating the checkbox "I agree to the terms and conditions" and pressing the "submit" button. Without confirmation and subsequently acceptance of the terms and conditions a usage of the services provided by ComUnified.com is not possible. Through the transmission of the completed registration form the user enters into the terms and conditions of the services offered by ComUnified.com.

b. The usage of services rendered by partners of ComUnified.com is subject to the corresponding terms and conditions of the partner. The user has to accept the corresponding terms and conditions either by making use of the additional services or after the registration with Comunified.com by registering for such additional services.

c. You may print these terms and conditions for your reference.

2. Description of service

a. ComUnified.com offers registered users to send short message service (also known as SMS or text messages) and later on multimedia messages (also known as MMS) from a Personal Computer (PC) through the Internet to mobile devices. In the following these services will be named "messages". The user has to carrry the costs for connecting to the internet by himself.

b. ComUnified.com provides the user with a software to send messages directly from the PC without logging in on the internet again.

c. To use the services offered by ComUnified.com the user has to purchase message credits. The current message credit pricing is available in the section "pricing" or "prices" on the website.

d. ComUnified.com`s service is the transmission of these messages to GSM network operators and / or service providers. ComUnified.com does not cover all countries worldwide. In the section "coverage" you can view a list of the countries generally reachable. The transmission of your own mobile phone no. as the sender id (originator) provided to the recipient of the messages is also not possible in every country of the world and is hence provided without warranty.

e. Employees of ComUnified.com are not allowed to make any agreements, which exceed these terms and conditions.

3. Responsibilities of the user

a. The user has to provide correct and complete information on his person or his company upon registration. If any of these information change later on (e.g. chance of address, change of cell phone no. etc.) the user has to give notice to ComUnified.com as soon as possible by updating his data with ComUnified.com. The change of such data can be made any time at ComUnified.com in the section "My Profile" in "My ComUnified.com".

b. The user may delete his account at any time. By deleting the account the account becomes inactive. ComUnified.com reserves the right to internally keep this data. This is especially done due to legal regulations and in order to prevent and / or pursue fraudulent use of the services offered by ComUnified.com.

c. Upon registration the user selects as so called "user name" and a "password" which grants access to his personal account. Services offered in the personal account section may only be used by the registered user. The user is bound to protect his user name and password against access by other people than himself. The user is liable for all damages resulting out of the transmission of his user name and password to other people. For corporate customers the company is liable for all direct and consequential damages caused by the abuse or incorrect use of ComUnified.com`s services.

d. ComUnified.com reserves the right to decline users and / or terminate the contract without giving reasons.

4. Terms for sending messages

a. The use of services rendered by ComUnified.com, even for free test messages, is dependent on the registration of the user. The user has the full responsibility for the content of messages transmitted. ComUnified.com is not obligated to check messages with respect to violation of third party rights. The user explicitly accepts all liability resulting out of his use of the services provided by ComUnified.com.

b. The commercial usage of paid for messages is explicitly allowed. A commercial usage of the free messages provided upon registration is prohibited. ComUnified.com reserves the right to invoice currently 5,00 Euro per message upon violation or deactivate the account.

c. A transmission to so called Premium-SMS numbers (SMS shortcodes) is prohibited.

d. The user (private as well as commercial or corporate) has to make sure that the recipients of the messages agree to receive such messages. The user explicitly accepts all liability resulting out of the transmission of messages through the networks of ComUnified.com. This includes in particular messages containing unwanted, defamatory or threatening content.

e. ComUnified.com respects the privacy of its users. Therefore ComUnified.com will in principle not read any messages of its users. ComUnified.com is however authorized to verify the user data and if necessary analyse messages with respect to legal conformity.

f. The user agrees to do nothing that has the aim to undermine or bypass the contractual usage of the service or the software provided by ComUnified.com. This includes actions that are meant to decompile the source code of the website or the software or reverse engineer any parts of the website or the software or gather any other binary state information of the software or the website.

5. Protection of privacy

a. Upon registration ComUnified.com stores personal data of the user. ComUnified.com does not publicise any personal data of its users and applies common measures of data protection. Upon registration the user implicitly accepts the storage of his data.

b. As far as ComUnified.com utilizes third parties to fulfill the requested and / or utilized services, ComUnified.com is authorized to transfer data to third parties, as long as it is necessary to fulfill requested and / or utilized services.

c. ComUnified.com reserves the right to utilize data for statistic or internal analysis. This includes demographic, usage and interest based analysis for anonymised (no personal data will be revealed) submission to cooperation partners.

6. Warranty

a. ComUnified.com does not warrant continuous operation of services provided. The user furthermore has no right on observance of date and time of the messages. ComUnified.com in particular does not assume any liability for the transmission of messages to phone numbers or devices, which are not suitable for receiving messages transmitted.

b. ComUnified.com is not liable for any damage whatsoever resulting out of non received messages transmitted through its website or the provided software or any other way.

c. ComUnified.com reserves the right, to alter, change or termintate the provided services at any time with or without notification. This includes changes to these terms and conditions.

d. The use of the software provided is without any warranty whatsoever. This includes any damage to computer systems, on which the provided software has been installed. ComUnified.com furthermore assumes no liability whatsoever for damages on hardware, as well as damages resulting out or data loss allegedly caused by the software provided.

e. ComUnified.com is not liably for the risk and / or damages resulting out of the forgery of the originating e-mail address of a registered user while utiziling the "e-mail2SMS" service.

7. Contract duration and termination

a. A termination for private customers is not required, due to the fact that there are no monthly fees for maintaining a ComUnified.com account. Personal accounts which have been dormant for a period of 12 months will be deleted. A potentially remaining balance becomes void upon deletion of the account. The user can keep his account active by either sending a message or recharging his account.

b. Corporate customers have a cancellation period of 3 months to the end of the month. The termination has to be done in writing (e.g. fax or postal mail). ComUnified.com reserves the right to charge the monthly base fee upon registration for 3 months (quarterly) in advance.

c. Offenses to these terms and conditions can result in an immediate termination from ComUnified.com. In this case all claims of the customer against ComUnified.com become void.

d. Voucher, bonuscodes and other free message credits will not be refunded in case of a termination.

e. In conformance with the German Online sale law a user has the right of return within 14 days as long as no services have been utilized. A refund is only possible if the user has not sent any messages. A partial refund of message credits is not possible. The refund of the fees for the message credits may be deminished in the amount of the occured capital transaction costs depending on the form of payment.

8. External links

a. With respect to a court sentence of the "Landgericht Hamburg, Germany" ComUnified.com explicitly distances itself from any external link provided upon its website to other websites or services. ComUnified.com explicitly announces that it has no influence on the contents or graphics of external (linked to) websites.

9. Place of performance, legal venue

a. Place of performance for all services provided by ComUnified.com is the principal office of ComUnified.com (respectively its operator according to the "about" section on the website).

b. For Users who are physical or legal persons, the parties hereby explicitly agree to the principal office of ComUnified.com (respectively its operator according to the "about" section on the website) as the legal venue for all kind of disputes.

c. All legal transactions with ComUnified.com are subject to laws and regulations of Germany.

10. Updates on the terms and conditions

a. The most current terms and conditions can always be viewed at www.comunified.com/abg.php

Terms and conditions - ComUnified.com - valid as of: January 1st., 2006

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