Legal

Preliminary Terms

Please note the following preliminary terms, which use some of the definitions set out in paragraph 1 below:

Not a Transportation Carrier: Avego^TM Software and Services do not offer transportation services, and Avego is not a transportation carrier. It is up to the driver or vehicle operator to offer transportation services. Avego offers information and means of communication, but does not and does not intend to provide transportation services or act in any way as a transportation carrier.

This Agreement: This Agreement, and any new versions, between Avego and You, covers all Your use of Avego Software and Services from any terminals where Avego Software has been installed, by You or by third parties. You can accept this Agreement by clicking on the ACCEPT button or similar buttons or links as may be designated by Avego.

Additional Terms: Your agreement with Avego will also include the Additional Terms (as defined below). The Additional Terms shall include, but are not limited to, the terms and policies set out in paragraph 7 below. In order to use the Avego Services, You must accept the Additional Terms. You can accept the Additional Terms by (i) clicking to accept or agree where this option is made available to You, or (ii) by actually using the Avego Services, in which case You acknowledge and agree that Avego will treat such use as acceptance of the applicable terms. You acknowledge and agree that by accepting this Agreement and the Additional Terms you are entering into a legally binding contract, which collectively is referred to below as the "Terms". If there is any contradiction between the Additional Terms and this Agreement, then the Additional Terms shall take precedence in relation to the relevant Avego Service. You should print off or save a copy of the Terms for your records.

Electronic Signature(s): You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Avego Software. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

Jurisdiction's Restrictions: If the law of Your country prohibits You from downloading or using Avego Software because You are under the age limit or because the Avego Services are not allowed in Your country, please don't use it.

Table of contents

• Definitions
• License and Restrictions
• What You should and should not expect from Avego
• What we expect from You
• Term, Termination, Updates
• Disclaimer of Warranties and Limitation of Liability
• Additional Terms
• Miscellaneous

1. Definitions

1.1 The following terms and expressions shall have the following meanings:

Additional Terms: the terms and conditions and policies applicable to Your use of the Avego Software and the Avego Services, in addition to this Agreement.

Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, Avego. For the purpose of this definition, the word "control" shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.

Agreement: this End User License Agreement, as may be renewed and/or amended from time to time.

Avego: refers to the division of Mapflow Ltd which provides the software and services described by the Avego brand name. Mapflow Ltd is a company established and registered under the laws of Ireland, with its address at 4 Merrion Sq, Dublin 2, IRELAND. Registration No. 272682.

Avego API: application program interface consisting of the set of routines utilized by the Avego Software to provide the Avego Software functionality for a given platform or operating system, Avego API being included in or linked to the Avego Software as well as any future versions, improvements, developments, programming fixes, updates and upgrades thereof.

Avego Online Material: the Avego widgets and Avego Transportal available for download on the Avego Website at http://www.avego.com/, as such may be changed from time to time by Avego in its sole discretion.

Avego Promotional Materials: any and all trademarks, names, signs, logos, banners, and any other materials, in whatever form, owned and/or used by Avego for the promotion of its company, its products and activities, other than the Avego Online Material.

Avego Services: the Avego Website and any other products and services made available to You by Avego or its Affiliates, in addition to the Avego Software.

Avego Software: the software distributed by Avego for internet communication applications, including without limitation the Avego API, UI and Documentation, as well as any future versions, improvements, developments, programming fixes, updates and upgrades thereof.

Avego Staff: the officers, directors, employees and agents of Avego or its Affiliates, or any other persons hired by Avego or its Affiliates.

Avego Website: any and all elements, contents and the 'look and feel' of the website available under the URL, www.avego.com , among other URLs, from which website the Avego Software can be downloaded.

Documentation: any online or otherwise enclosed documentation provided by Avego.

Effective Date: the date on which this Agreement is entered into by clicking on the ACCEPT button as stated above or upon installation or use of the Avego Software by You, whichever occurs earlier.

Emergency Service(s): means services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements.

IP Rights: means (i) patents, pending patent applications, designs, trade marks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognised in the future; and (iii) applications, extensions and renewals in relation to any such rights.

Password: refers to a code You select, which, in combination with the User ID, gives You access to Your User Account.

Terms: has the meaning given in the "Additional Terms" preliminary term above.

UI: the user interface of the Avego Software.

User Account: refers to the account with User ID and Password that You create for Your use of the Avego Software.

User ID: refers to an identification code You selected, which in combination with the Password, gives access to Your User Account.

You: You, the end user of the Avego Software, also used in the form "Your" where applicable.

1.2 References to the singular include the plural and vice versa, and references to one gender include the other gender.

1.3 Any phrase introduced by the expressions "including", "include", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

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2. License and Restrictions

2.1 License: Subject to the terms of this Agreement, Avego hereby grants You a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the Avego Software on Your computer, phone or PDA for the sole purpose of personally using the internet communication applications provided by Avego and any other applications that may be explicitly provided by Avego. You are allowed to use the Avego Software at university or any other educational institution, subject to paragraph 4.4 below and in accordance with this Agreement and any applicable Additional Terms. You are allowed to use the Avego Software at work to make communications relating to Your business in accordance with this Agreement and any applicable Additional Terms (such as the Terms of Service referred to in paragraph 7 below if You use the payable VoIP products and/or are a Member or an Administrator of a Business Control Panel).

2.2 No Granting of Rights to Third Parties: You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Avego Software or any part thereof.

2.3 No Modifications: You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Avego Software or any part thereof except to the extent permitted by law.

2.4 Third Parties: The Avego Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Avego Software falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with the Avego Software will be subject to You explicitly accepting a license agreement with that third party. You acknowledge and agree that You will not enter into a contractual relationship with Avego or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to Avego or its Affiliates to enforce any of your rights.

2.5 Exclusive Ownership: Any and all IP Rights in the Avego Software, the Avego Website, the Avego Online Material and the Avego Promotional Materials are and shall remain the exclusive property of Avego and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with Avego's IP Rights. Any unauthorized use of Avego's IP Rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws. All title and IP Rights in and to any third party content that is not contained in the Avego Software, but may be accessed through use of the Avego Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.

2.6 No Removal of Notices: You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or Avego's rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials.

2.7 Use of Avego API.

2.7.1 You may make use of the Avego API provided that:

(i) You comply with the Avego API Terms of Use at http://www.avego.com/legal/terms/api/ ; (ii) Your use of the Avego API is for legitimate purposes only and shall not adversely affect the functionality or performance of the Avego Software or services provided by Avego; and (iii) You will monitor the Avego Website in order to ensure that You are aware of any changes in the Avego API Terms of Use. If such changes are not acceptable to You, You will immediately stop using the Avego API and, where applicable, the Avego Software.

2.7.2 If You are interested in using the Avego API for a purpose which is not permitted under this Agreement or the Avego API Terms of Use, You will have to obtain Avego's prior written consent and explicitly agree upon any further commercial terms.

2.8 Avego Promotional Materials: Nothing in this Agreement will give You any right to use the Avego Promotional Materials.

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3. What You should and should not expect from Avego

3.1 No Warranties: Installing Avego Software enables You to exchange information about transportation services and transportation needs with other people. Avego cannot guarantee that You will always be able to communicate with these other people, nor can Avego guarantee that You can communicate without disruptions, delays or communication-related flaws or that all Your communications shall always be delivered to other people.

3.2 Provided Transportation Services/Drivers: The quality of the transportation services provided through the use of the Avego Software is entirely the responsibility of the person from whom such transportation originated. You understand, therefore, that by using the Avego Software and the Avego Services You may be exposed to transportation that is potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that You use the Avego Software and the Avego Services at Your own risk.

3.2.1 Provided Transportation Users/Riders: The quality of the transportation users enabled by the use of the Avego Software are entirely the responsibility of those persons whom requested such transportation. You understand, therefore, that by using the Avego Software and the Avego Services You may be exposed to transportation users whom are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that You use the Avego Software and the Avego Services at Your own risk.

3.3 Utilization of Your Computer: Avego Software may utilize the processor and bandwidth of the computer (or other applicable device) You are utilizing, for the limited purpose of facilitating the communication between You and third parties. Avego will use its commercially reasonable efforts to protect the privacy and integrity of the computer resources (or other applicable device) You are utilizing and of Your communication, however Avego cannot give any warranties in this respect.

3.4 New Versions of the Avego Software:Avego, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Avego Software. Avego has no obligation to make available to You any subsequent versions of the Avego Software. You may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the Avego Software.

3.5 Suspension: Avego may, in its sole discretion and to the maximum extent permitted within Your jurisdiction, modify or discontinue or suspend Your ability to use any version of the Avego Software, and/or disable any Avego Software You may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where You, at Avego's discretion, are in breach of the Terms, creating problems, possible legal liabilities, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons.

3.6 No Emergency Usage: The Avego Software is not intended to support or carry emergency transportation to any type of hospital, law enforcement agency, medical care unit or any other kind of Emergency Service. You acknowledge and agree that: (i) Avego is not required to offer access to Emergency Services under any applicable local and/or national rules, regulation or law; (ii) You must make additional arrangements to access Emergency Services and it is Your responsibility to purchase (separately from the Avego Software), traditional wireless or landline telephone services to obtain such access; and (iii) Avego is not a replacement for Your primary telephone service.

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4. What we expect from You

4.1 Lawful purposes: You will use the Avego Software solely for lawful purposes. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for You; (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Avego Software or the communication; (c) send any unsolicited commercial communication not permitted by applicable law; (d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way; (e) use the Avego Software to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or (f) use any material or content that is subject to any third party proprietary rights, unless you have a licence or permission from the owner of such rights.

4.2 Representations: You represent and warrant that You are authorized to enter into and comply with the Terms. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations under the Terms, as well as any and all laws, regulations and policies that may apply to the use of the Avego Software and/or the Avego Services.

4.3 Indemnification: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD AVEGO AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR (A) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) USE OR MISUSE OF THE AVEGO SOFTWARE, OR (D) COMMUNICATION SPREAD BY MEANS OF THE AVEGO SOFTWARE.

4.4 Utilization of Your Computer: If Your use of the Avego Software is dependant upon the use of a processor and bandwidth owned or controlled by a third party, You acknowledge and agree that Your licence to use the Avego Software is subject to You obtaining consent from the relevant third party for such use. You represent and warrant that by accepting this Agreement and using the Avego Software, You have obtained such consent.

4.5 Export Restrictions: Avego Software may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Avego Software as well as end-user, end-use and destination restrictions issued by national governments. This software is controlled under ECCN 5D992.b.1 of the Export Administration Regulations ("EAR") per CCATS # G047973 and thus may not be exported or re exported to or downloaded by any person in any countries controlled for anti terrorism reasons under the EAR, which include Iran, North Korea, Cuba, Syria and Sudan. EAR 742.15(a), Title 15 Code of Federal Regulations. Moreover, the software may not be exported or re exported to or downloaded by any person or entity subject to US sanctions regardless of location. Seehttp://www.bis.doc.gov/ComplianceAndEnforcement/ListsToCheck.htm and EAR Part 736. Avego is making this software available to You for download only on the condition that You certify that You are not such a person or entity and that the download is not otherwise in violation of US export control and sanctions regulations.

4.6 You agree that when using Avego software and hardware (including third party applications accessed via Avego software), you will not:

• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content;
• upload, post, email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights or have the permission of the owner to post such content;
• upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, applicable terms of service or any applicable policies or guidelines.
• download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;
• impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
• restrict or inhibit any other user from using and enjoying the services, including services provided by a third party, available from the Avego software;
• use the Services for any illegal or unauthorized purpose;
• remove any copyright, trademark or other proprietary rights notices contained in or on the Services;
• interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to such Services;
• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or collect information about users for any unauthorized purpose;
• submit content that falsely expresses or implies that such content is sponsored or endorsed by Avego;
• create user accounts by automated means or under false or fraudulent pretences;
• promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

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5. Term, Termination, Updates

5.1 Term: This Agreement will be effective as of the Effective Date and will remain effective until terminated by either Avego or You as set out below. The Additional Terms will be effective as of the date upon which they are accepted by You or You use the relevant Avego Service (as applicable), and will remain effective until terminated by either Avego or You as set out below and/or in the applicable terms.

5.2 Termination:You may terminate the Terms with immediate effect at any time. Without limiting other remedies, Avego may limit, suspend, or terminate this license and Your use of Avego Software and Avego Services, prohibit access to the Avego Website and delete Your User Account and/or User ID, with immediate effect, automatically and without recourse to the courts, if we think that You are in breach of the Terms, creating problems, legal liabilities (actual or potential), infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. Avego shall effect such termination by providing notice to You to the email address You have provided, and/or by preventing Your access to Your User Account. We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.

5.3 Consequences of Termination: Upon termination of this Agreement and the Additional Terms: (a) all licenses and rights to use the Avego Software and the Avego Services shall immediately terminate; (b) You will immediately cease any and all use of the Avego Software and Avego Services; and (c) You will immediately remove the Avego Software from all hard drives, networks and other storage media and destroy all copies of the Avego Software in Your possession or under Your control.

5.4 New Versions: Avego reserves the right to change this Agreement at any time by publishing the revised Agreement on the Avego Website. The revised Agreement shall become effective within thirty (30) days of such publication, unless You expressly accept the revised Agreement earlier by clicking on the accept button. Your express acceptance or Your continued use of the Avego Software after expiry of the notice period of thirty (30) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. You can find the latest version of this Agreement at www.avego.com/legal/eula . Avego reserves the right to change any of the Additional Terms from time to time and such changes shall become effective either within thirty (30) days of publication of the revised version on the Avego Website (unless You expressly accept the revised terms earlier by clicking on the accept button if this option is made available), or within the timeframe set out in the applicable terms if different.

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6. Disclaimer of Warranties and Limitation of Liability

6.1 No Warranties: THE AVEGO SOFTWARE IS PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER; AVEGO DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE AVEGO SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. AVEGO FURTHER DOES NOT REPRESENT OR WARRANT THAT THE AVEGO SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES AVEGO WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE AVEGO SOFTWARE.

6.2 Specific Disclaimer Of Liability For Emergency Services: AVEGO DOES NOT PROVIDE CONNECTIONS TO EMERGENCY SERVICES VIA THE AVEGO SOFTWARE. NEITHER AVEGO NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO YOUR INABILITY TO USE THE AVEGO SOFTWARE TO CONTACT EMERGENCY SERVICES, AND YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES IN ACCORDANCE WITH PARAGRAPH 3.6 ABOVE.

6.3 Your own Risk: You acknowledge and agree that the entire risk arising out of Your use of the Avego Software remains with You, to the maximum extent permitted by law.

6.4 No Liability: The Avego Software is being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT AVGO, ITS AFFILIATES, ITS LICENSORS AND THE AVEGO STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE AVEGO SOFTWARE, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE AVEGO SOFTWARE IS TO IMMEDIATELY DEINSTALL AND CEASE USE OF SUCH AVEGO SOFTWARE.

6.5 Limitation of Liability: IN NO EVENT SHALL AVEGO, ITS AFFILIATES, ITS LICENSORS OR THE AVEGO STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR:

6.5.1 ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE AVEGO SOFTWARE; AND

6.5.2 ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE AVEGO SOFTWARE;

6.5.3 ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF; (I) ANY DISRUPTIONS OR DELAYS IN ANY COMMUNICATION OR TRANSPORTATION WHEN USING THE AVEGO SOFTWARE; (II) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY AVEGO FOR ANY REASON; AND (III) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE AVEGO SOFTWARE TO YOU.

6.6 THE LIMITATIONS ON AVEGO'S LIABILITY TO YOU IN PARAGRAPH 6.5 ABOVE SHALL APPLY WHETHER OR NOT AVEGO, ITS AFFILIATES OR THE AVEGO STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.

6.7 NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF AVEGO FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF AVEGO, THE AVEGO STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

6.8 Jurisdiction's Limitations: As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited to the maximum extent possible within the applicable legislation.

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7. Additional Terms

7.1 In addition to this Agreement, You have to comply with any Additional Terms as published at www.avego.com.

7.2 Any other exceptions: If You are interested in doing anything which is not permitted under this Agreement or by one of the above Additional Terms, You will have to obtain Avego's prior written consent and explicitly agree upon any further terms.

7.3 Your Confidential Information and Your Privacy: Avego is committed to respecting Your privacy and the confidentiality of Your personal data. The Privacy Policy at http://www.avego.com/legal/privacy sets out how Avego may use Your personal data, the traffic data and the content contained in Your communication(s). If You object to Your information being used in the way set out in the Privacy Policy then please do not use the Avego Services.

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8. Miscellaneous

8.1 Entire Agreement: The terms and conditions of the Terms constitute the entire agreement between You and Avego with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either You or Avego arising out of fraud or fraudulent misrepresentation.

8.2 Partial Invalidity: If any provision of the Terms, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Terms as a whole, the legality, validity or enforceability of the remainder of the Terms (including the remainder of the term which contains the relevant provision) shall not be affected.

8.3 No waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided by the Terms or by law shall not constitute a waiver of that right, power or remedy. If Avego waives a breach of any provision of the Terms this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.

8.4 Assignment: You are not allowed to assign the Terms or any rights hereunder. Avego is allowed at its sole discretion to assign the Terms or any rights hereunder to any third party, without giving prior notice.

8.5 Applicable Law and Competent Court: The Terms shall be governed by and interpreted in accordance with the laws of Luxembourg and shall be subject to the jurisdiction of the courts of the district of Luxembourg.

8.6 Language: The original English version of the Terms may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.

8.7 Survival: The terms of paragraphs 2.5, 5 and 6 of this Agreement, and any other provision of the Additional Terms which is expressed to survive or operate in the event of termination, shall survive termination of this Agreement and the applicable Additional Terms for whatever reason.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY INSTALLING AVEGO SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO AVEGO THE RIGHTS SET FORTH HEREIN.

Thanks for reading through all of this! We hope you enjoy using our products and services.

Copyright Avego. Last revised: January 2009