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Acceptance of User Agreement
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This Beta User Agreement (this "Beta Agreement") is a binding legal agreement between you and De-Fi Mobile Ltd. ("De-Fi Mobile") regarding your participation in the De-Fi Mobile Beta Test program, including the use of the De-FiTM wireless Voice over IP ("VoIP") service (the "Service") and any software you receive to enable your use of the Service ("Software") during the Beta Test Program. Please read this Agreement carefully. By downloading, installing, or using the Software, or accessing or using the Service, you accept this Agreement, including all terms, policies, and guidelines incorporated into this Agreement by reference. If you do not agree to any provision of this Agreement, you should not access or use the Service or download, install, or use the Software.
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The Beta Test Program
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To join the De-Fi Mobile Beta Test Program, you must have a De-Fi Mobile sponsor who is an employee or otherwise authorized agent of De-Fi Mobile. In addition, you must complete the on-line Beta Test Registration and Sign-up Process on the De-Fi Mobile web site.
To complete the Registration and Sign-up Process, you must provide certain information about your mobile handset and mobile carrier to enable De-Fi to provision your handset with the De-Fi Mobile end user software. In addition, you must provide personal contact information that allows De-Fi Mobile and its agents, contractors or developers to contact you throughout the Beta Test Program to discuss problems or to otherwise monitor your use of De-Fi Mobile software and service.
All information that you provide during the Beta Test Program will be kept confidential and will only be used by De-Fi to employees, contractors, developers and other authorized agents to improve the De-Fi Mobile software and service. De-Fi reserves the right to retain this information indefinitely, but also agrees not to use this information for promotional, solicitation or other purposes not specifically related to the De-Fi Beta Test Program without your express written permission.
You agree to comply with the terms and conditions of the End User Software License and Service Agreement for the duration of the Beta Test Program.
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Beta Test Program Risks
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The only mobile devices supported during the Beta Test Program are the Nokia N95 and Nokia e61i mobile devices. If you attempt to install the software and use the service from another device, De-Fi does not guarantee that the software and service will function, nor does De-Fi make any guarantees or warrantees, explicit or implied, that installing the software on an unsupported device may not cause irreparable harm. By accepting this agreement, you agree only to install the De-Fi end user software on a supported device and you further agree to hold De-Fi harmless should you choose to install the end user software on an unsupported device.
You understand that the De-Fi end user software and service are still under development. As such, you may encounter problems with the software and the operation of your handset. As a Beta Tester, you agree to report those problems by going the De-Fi Beta Test Site and using the problem reporting forms, or by participating in the De-Fi Beta Test blogs and forums. Alternatively, you may contact your De-Fi sponsor by email or phone to discuss any problems you’re experiencing. De-Fi may also ask you, from time to time, to provide detailed information from your handset, including logs captured by the end user software to help diagnose and solve problems. You agree to provide those logs which will be kept confidential under the confidentiality and non-disclosure clause of the Beta Agreement.
You further understand that, throughout the Beta Test Program, we may ask you to uninstall and reinstall a new version of the De-Fi end user software from time to time. You agree to complete the uninstall and reinstall process in a timely fashion.
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Confidentiality and Non-Disclosure
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Your participation in the De-Fi Mobile Beta Test Program is strictly confidential
You hereby acknowledge that all Confidential Information shall be owned solely by De-Fi Mobile Ltd. (or its customers, vendors, suppliers and other contractors or subcontractors) and that the unauthorized disclosure or use of any Confidential Information could cause irreparable harm and significant injury which may be difficult to ascertain. Accordingly, The you agree that De-Fi Mobile Ltd. (and its customers, vendors, suppliers and other contractors or subcontractors) shall have the right to seek an immediate injunction enjoining any breach of this Agreement, and seek any reparations or remedies allowable under the law.
You recognize and agrees that nothing contained in this Agreement shall be construed as granting any rights, by license or otherwise, to any Confidential Information disclosed pursuant to this Agreement.
This Agreement and the confidential obligations herein shall terminate three (3) years following the later of the date of (a) this Agreement or (b) the termination and/or completion of the De-Fi Beta Program or (c) the termination of your participation as a De-Fi Beta Tester.
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Fees and Compensation
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You acknowledge that you will receive no compensation, gratuities, promotional discounts on future service or other fees for your participation as a Beta Tester.
You may, at any time and at your sole discretion, choose to terminate your participation in the Beta Test Program by going to the De-Fi Mobile Beta Test Support web site and terminating your participation. Effective immediately, De-Fi Mobile may choose to terminate your service, preventing your from using the De-Fi Mobile Service.
If you wish to continue to use the De-Fi Mobile service, you must later purchase a De-Fi Mobile VoIP service plan once it is made commercially available.
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Term and Termination
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The De-Fi Mobile Beta Test Program may be terminated at any time at the sole discretion of De-Fi Mobile Ltd. You will be notified on the -Fi Mobile Beta Test Support web site and by email of De-Fi Mobile’s intent to terminate the Beta Test Program with as much advance notice as practical, but with no less than five working days advance notice.
Upon termination of the Beta Test Program, if you wish to continue to use the De-Fi Mobile VoIP service, you must purchase a De-Fi Mobile VoIP service plan once it is made commercially available.
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Ownership
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De-Fi Mobile and its suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the any information that you provide to De-Fi Mobile under the terms of this Agreement.
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Feedback
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If you provide feedback to De-Fi Mobile regarding the Software or Service ("Feedback"), you authorize De-Fi Mobile to use that Feedback without restriction and without payment, attribution, or any other obligation to you. Accordingly, you hereby grant to De-Fi Mobile a perpetual and irrevocable license to use Feedback for any purpose.
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Entire Agreement, Governing Law
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This Agreement constitutes the entire agreement between you and De-Fi Mobile Ltd. regarding your participation in the De-Fi Beta Test Program. This Agreement supersedes all other communication, either verbal or in writing, regarding your participation as a Beta Tester.
This Agreement is governed by the laws of the State of California excluding conflicts of law principles. Any controversy or claim arising out of or relating to the Software, Service, or this Agreement must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in San Mateo County, California, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by California law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.
By accepting this agreement, you agree to comply with all terms and conditions of this Agreement without exception.
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