END USER LICENSE AGREEMENT

NOTICE TO ALL USERS: PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING THE ACCEPT BUTTON AND USING THE SOFTWARE PROGRAM OR IT’S RELATED DOCUMENTATION (COLLECTIVELY, THE "LICENSED APPLICATIONS"), YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM AND CELLCRYPT'S PRIVACY POLICY AVAILABLE AT HTTPS://MY.CELLCRYPT.COM/PRIVACY-POLICY

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS CONTRACT AND NOT DOWNLOAD, INSTALL OR USE THE LICENSED APPLICATIONS.

  1. License Grant. Cellcrypt Limited, Cellcrypt Group Limited, and/or Cellcrypt Incorporated, (Cellcrypt) grants you a non-exclusive and non-transferable License to install and use the Licensed Applications, on a single device (or in the case of Apple - an iPhone, iPad or iPod Touch) you own or control, to access the relevant Cellcrypt Mobile Service purchased from Cellcrypt by you or on your behalf and as permitted by the Usage Rules set forth in the application store's Terms of Service. Cellcrypt reserves the right to make corrections, improvements or enhancements to the Licensed Applications without notice to you and without obligation to furnish the said corrections, improvements or enhancements to you.
  2. Acknowledgement. The parties acknowledge that this agreement is concluded between them only, and not with Apple Inc. (Apple), Research In Motion, Inc. (RIM), Microsoft, Inc. (Microsoft), Nokia, Inc. (Nokia) or Google, Inc. (Google), Cellcrypt, not any of the aforementioned entities, is solely responsible for the Licensed Applications and the content thereof. If the usage rules for Licensed Applications contained in this agreement are less restrictive than, or otherwise in conflict with, the Usage Rules set forth for Licensed Applications in any of the aforementioned entities listed Terms of Service as of the effective date of this agreement.
  3. Restrictions. You shall not (i) reproduce or copy the Licensed Applications (save for back-up purposes only); (ii) use, or permit the use of, the Licensed Applications for any purpose other than as permitted under this agreement; (iii) distribute, sell, lease, sublicense or otherwise transfer rights to the Licensed Applications to any third party; (iv) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for the Licensed Applications (except to the extent applicable laws specifically prohibit such restriction); (v) modify or create any derivative works of the Licensed Applications; (vi) remove or alter any patent, trade mark, logo, copyright or other proprietary notices in the Licensed Applications; or (vii) permit any third party to benefit from the use or functionality of the Licensed Applications via a timesharing, service bureau or other arrangement.
  4. Emergency Services. You acknowledge and accept that the Licensed Applications do not offer access to Emergency Services. To access Emergency Services, you must use, traditional wireless or wire line telephone service that offers access to Emergency Services.
  5. Termination. This agreement is effective until terminated. You may terminate this agreement at any time by removing the Licensed Applications from your equipment and destroying all copies of the Licensed Applications. Unauthorized copying of the Licensed Applications or otherwise failing to comply with this agreement will result in immediate termination of this agreement and may make legal remedies available to Cellcrypt. Upon termination of this agreement, the license granted herein will terminate and you: (i) will cease any and all rights to use the Licensed Applications, and (ii) will remove the Licensed Applications from all hard drives, mobile phones, mobile devices, networks and other storage media and destroy all copies of the Licensed Applications in your possession or under your control. The provisions in clauses 6 - Proprietary Rights, 7 - Limitation of Liability and 8 - No Warranty will survive any termination of this agreement.
  6. Proprietary Rights. Title to the Licensed Applications, and patents, copyrights, database rights, trade marks and all other intellectual property rights applicable thereto, shall at all times remain solely and exclusively with Cellcrypt and its suppliers, and you shall not take any action inconsistent with such ownership. Any rights not expressly granted herein are reserved to Cellcrypt and its suppliers. The parties acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use of that Licensed Application infringes that third party's intellectual property rights, Cellcrypt, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  7. No Warranty. To the maximum extent permitted by applicable law, Cellcrypt disclaims all warranties and conditions, either express or implied, with respect to the programs, including all implied warranties and conditions of merchantability, non-infringement and fitness for a particular purpose, or arising from a course of dealing, usage or trade practice. Cellcrypt specifically disclaims any warranty (i) regarding any underlying telecommunications network, (ii) that the functions contained in the programs will meet your requirements or will operate in combinations or in a manner selected for use by you, or (iii) that the operation of the licensed software will be uninterrupted or error free. Cellcrypt is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, then you may notify the appropriate entity set forth in Section 2, above, and your claim will be adjudicated under the then-current Terms of Service of said entity. To the maximum extent permitted by applicable law, the entities set forth in Section 2 will have no other warranty obligation whatsoever with respect to the Licensed Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any lawfully mandated warranty are Cellcrypt's sole responsibility.
  8. Limitation of Liability. In no event shall Cellcrypt be liable to you for any damages resulting from loss or disclosure of data, lost profits, loss of use of equipment or lost contracts or for any special, indirect, incidental, punitive, exemplary or consequential damages in any way arising out of or in connection with the use or performance of the programs or relating to this agreement, however caused, even if either or both parties hereto have been made aware of the possibility of such damages. Cellcrypt's entire liability to you, regardless of the form of any claim or action or theory of liability (including contract, tort, or warranty), shall not exceed the fees paid for your individual license in the thirty (30) days prior to the occurrence giving rise to such claim or action. The limitations set forth in this agreement shall not exclude or limit Cellcrypt's liability beyond what is permitted by applicable law and arising solely from Cellcrypt's gross negligence.
  9. Maintenance and Support. Cellcrypt or its nominee is solely responsible for providing any maintenance and support services with respect to the Licensed Application (if any) or as required under applicable law. The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
  10. Product Claims. The parties acknowledge that Cellcrypt, not any entity set forth in Section 2, is responsible for addressing any claims you or any third party may have relating to the Licensed Application or your possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  11. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. or U.K. Government embargo, or that has been designated by the U.S. or U.K. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.K. or U.S. Government list of prohibited or restricted parties.
  12. Exports. You agree to comply with all applicable export laws and regulations of all jurisdictions with respect to the Licensed Applications and obtain, at your own expense, any required permits or export clearances. Cellcrypt shall have no liability for any unauthorized export of the Licensed Applications.
  13. Contact Information. Questions, complaints or claims with respect to the Licensed Application should be directed to Cellcrypt, Inc. 6121 Lincolnia Rd. Suite 100, Alexandria, VA 22312; email: support@cellcrypt.com.
  14. Third Party Beneficiary. The parties acknowledge and agree that each entity described in Section 2 hereof, and each of their subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of the terms and conditions of this agreement, any applicable entity listed in Section 2 will have the right (and will be deemed to have accepted the right) to enforce the agreement against you as a third party beneficiary thereof.
  15. Miscellaneous. The Licensed Applications may use third party APIs which may not be endorsed or certified by industry bodies. Cellcrypt reserves the right to modify this agreement at any time. Express acceptance by you, as evinced by your use of the product subsequent to a change shall constitute your acceptance to be bound by the terms and conditions of the revised agreement. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. If any provision of this agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this agreement shall remain in full force and effect. The parties agree that this agreement is governed by the laws of the United States, specifically the laws of the State of Delaware, without regard to its law of conflicts of law, and the non-exclusive jurisdiction of its courts.