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End-User Licence Agreement (“Agreement”)

PLEASE REVIEW THE FOLLOWING TERMS CAREFULLY. BY CLICKING THE “ACCEPT”


BUTTON, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE
BOUND BY, THE TERMS OF THIS AGREEMENT. IF YOU HAVE NOT READ AND
UNDERSTOOD, OR DO NOT AGREE TO BE BOUND BY, THE TERMS OF THIS
AGREEMENT, DO NOT CLICK THE “ACCEPT” BUTTON. IF YOU DO NOT CLICK THE
“ACCEPT” BUTTON, YOU ARE NOT LICENSED TO USE THE SOFTWARE, AND SHOULD
REMOVE IT FROM YOUR COMPUTER.

1. Definitions

In this Agreement, the following words shall have the following meanings:

1.1 "Software" means the Vodafone Mobile Connect Lite software downloaded by you from a
website or Internet location, supplied on a CD, USB device, memory card or other medium, or
stored in the memory of a hardware device;

1.2 “Vodafone”, "we" or "us" means Vodafone Pty Limited; and

1.3 "you" means the person installing or using the Software.

(together “the Parties” and individually “a Party”).

1.4 "Services" means data transmission and other services offered by Vodafone under a
Vodafone Data Bundle or otherwise.

2. Licence to Use

2.1 In consideration of your acceptance of this Agreement, we grant you a royalty-free and non-
exclusive licence to use the Software in connection with the Services, subject to the terms of this
Agreement.

2.2 You are only licensed to use the Software in connection with the Services, and we do not
accept any responsibility or liability, or grant any licence to use the Software, otherwise than in
connection with the Services .

2.3 You may not copy, modify, reverse engineer or decompile the Software or any part of the
Software (save to the extent expressly permitted by law). You may not transfer, assign,
sublicense, or otherwise distribute or enable a third party to use the Software or any part of it.

2.4 You may install the Software on more than one computer, and may make copies of the
Software for backup purposes.

2.5 You are solely responsible for taking prudent and appropriate measures to back up data and
otherwise protect against loss of data. We do not accept any responsibility or liability for any data
loss (or any loss consequent to, or otherwise related to, such data loss) you might suffer through
use of the Software.

2.6 The Software may be used by you to link to websites, resources and /or networks worldwide.
We do not accept any responsibility or liability for the content, services (including availability
thereof) or any loss or damage you may suffer by using such websites and networks.

2.7 You agree that you will not use the Software or any part of it in breach of any relevant laws or
regulations.

2.8 You agree to keep secret and in a safe place any passwords or other access devices you
may be provided with in order to prevent any unauthorised use of the Software. We do not accept
any responsibility or liability for any unauthorised use of the Software, howsoever caused.

3. Termination

3.1 This Agreement is effective from when you click the “Accept” button until it is terminated.

3.2 Either Party may terminate this Agreement at any time. You may terminate this Agreement by
deleting the Software (including any back up copies) from all the computers on which you have
installed the Software. Vodafone may terminate this Agreement by providing notice of such
termination to you via the update notification mechanism.

3.3 This Agreement shall automatically terminate if you fail to comply with its terms and
conditions or with the terms and conditions of any other contract pursuant to which we or our third
party distributors have made the Software available to you.

3.4 Upon termination of this Agreement, you will cease to use the Software and will delete the
Software (including any back-up copies) from all the computers on which you have installed the
Software.

4. Intellectual Property Rights

We and/or our licensors (as the case may be) own all the copyright, design rights, "Look and
Feel", trade marks, patents and other intellectual property rights in and to the Software. The fact
that we have supplied you with the Software does not mean that we have transferred any of our,
or our licensors’, rights in the Software to you; we have simply permitted you to use the Software
strictly in accordance with the terms of this Agreement.

5. Customer Services

If you need any help with the Software, please call our customer service centre on 1555 if you are
using the Vodafone network, or 1300 650 410 if you are calling from a different network, or write
to us at Vodafone.

6. Anonymous Unique Identifiers and Anonymous Reporting

6.1 When you install this Software, anonymous unique identifiers (UID, sometimes called
“cookies”) are created on your PC. The UID does not allow Vodafone to identify any individual
users by name. Using this UID, the following types of non-personal information will be forwarded
to Vodafone when you use the Software:

6.1.1 Anonymous identifiers (including anonymous user and phone identifiers which are created
when the PC client is first used, and when a phone is first used with a particular instance of the
PC client)

6.1.2 Location information (including your area code and country)

6.1.3 Information about your PC (including operating system, default language, default Internet
browser and the name of your modem)

6.1.4 Your connection method (whether you are connecting via infrared, Bluetooth or USB)
6.1.5 The date on which the phone / PC connection was first registered

6.1.6 Your connection details (including initialisation time, direction, number of bytes sent and
received, speed, connection tariff and the name of your network operator)

6.1.7 Information about your phone (including manufacturer, model and software version)

6.2 The information listed in clause 6.1 will be stored on a secure server for the following
purposes:

6.2.1 From time to time Vodafone may need to update service related settings. This may be done
without notification;

6.2.2 You may be notified when updates and patches are available. You will be given the choice
whether or not to accept these. You may decide to download larger files/patches when you are
connected via a faster Internet connection such as your corporate LAN; and

6.2.3 Compiling anonymous aggregate information about usage to improve the Software.
Vodafone will not use any aggregate data complied in this way to send any marketing information
to you or disclose such information to any third party unless such disclosure is required by law or
other binding decision.

6.3 If you do not want the UID to be used, then it is possible for you or your IT Manager to disable
this function. You may disable this function through the “Settings” menu – more details are
provided on the web site from which you downloaded the application.

6.4 Please note that transmitting the above information will necessitate sending and receiving
small amounts of data over your phone’s data connection. You will be charged for this at your
normal data tariff.

7. Exclusion of warranties

To the fullest extent permitted by applicable law, the Software is furnished to you "as is" without
any warranty, conditions, representations or other terms regarding the Software. Neither we nor
our licensors warrant that the Software will meet your requirements or that the operation of the
Software will be uninterrupted or error free. To the fullest extent permitted by applicable law, we
and our licensors disclaim and exclude all warranties, representations, conditions and other terms
of any kind, express or implied or whether arising by statute, common law or otherwise. This
clause does not affect your statutory rights.

8. Limitation of Liability

We will be liable to you if our negligence causes you death or personal injury. To the fullest extent
permitted by applicable law, in all other circumstances we or our licensors will not be liable to you
for any compensation, reimbursement or damages on account of the loss of present or
prospective profits, loss of revenue, turnover of sales; loss of good will; loss or damage to
reputation; loss of contracts or customers; loss of anticipated savings; loss of or damages to data
or programs or any other reasons whatsoever or indirect, special, incidental or consequential
damages whether arising in tort (including negligence), strict liability, contract or otherwise and
even if we or our licensors have been informed of the possibility of such losses or damages. This
clause does not affect your statutory rights.

9. Entire agreement

This Agreement constitutes the entire agreement and understanding between the Parties with
respect to its subject matter and replaces all previous agreements or understandings, written or
otherwise between the Parties with respect to such subject matter.

10. Waiver

The failure to exercise or delay in exercising a right or remedy provided by this Agreement or by
law does not impair or constitute a waiver of the right or remedy or an impairment or a waiver of
other rights or remedies.

11. Rights of Third Parties

This Agreement is made solely and specifically between the Parties for the benefit of the Parties.
Except as stated in the foregoing sentence, this Agreement is not intended to be for the benefit of
and shall not be enforceable by any other person and neither Party can declare itself as a trustee
of the rights under it for the benefit of any third party.

12. Assignment

You may not assign, transfer, sub-license and/or novate this Agreement or any of your rights or
obligations hereunder. Vodafone may assign, transfer, sub-license and/or novate this Agreement
and any rights and obligations hereunder, and you hereby give your consent to such assignment,
transfer, sub-licence and/or novation.

13. Law and Jurisdiction

These terms and conditions shall be governed by the laws of New South Wales and the parties
hereby irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.

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