Before reading the articles below, please note the following preliminary terms, which use some of the definitions specified in Article 1 below:

No Emergency Calls: by entering into this Agreement You acknowledge and agree that the ClaroLITE of ClaroCOM Software does not and does not intend to support or carry emergency calls. Please also see article 7 below.

Entering into this Agreement: This End User License Agreement constitutes a valid and binding agreement between ClaroLITE of ClaroCOM Software of Galaxy Communications Corp., henceforward ClaroCOM, and You, as a user, for the use of the ClaroLITE of ClaroCOM Software. You must enter into this Agreement by clicking on the ACCEPT button in order to install and use the ClaroLITE of ClaroCOM Software. You hereby agree and acknowledge that this Agreement covers all Your use of ClaroLITE of ClaroCOM Software, whether it be from this installation or from any other terminals where ClaroLITE of ClaroCOM Software has been installed, by You or by third parties. Furthermore, by installing and continuing to use the ClaroLITE of ClaroCOM Software You agree to be bound by the terms of this Agreement and any new versions hereof.

Electronic Signatures and Agreement(s): You acknowledge and agree that by clicking on the ACCEPT button or similar buttons or links as may be designated by ClaroLITE of ClaroCOM to show Your approval of any foregoing texts and/or to download and install the ClaroLITE of ClaroCOM Software, You are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the ClaroLITE of ClaroCOM 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 You are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and You are under such a jurisdiction and under such age limit, You may not enter into this Agreement and download, install or use the ClaroLITE of ClaroCOM Software. Furthermore, if You are residing in a jurisdiction where it is forbidden by law to offer or use software for internet telephony, You may not enter into this Agreement and You may not download, install or use the ClaroLITE of ClaroCOM Software. By entering into this Agreement You explicitly state that You have verified in Your own jurisdiction if Your use of the ClaroLITE of ClaroCOM Software is allowed.

Article 1 Definitions

In this Agreement the following capitalized definitions are being used, singular as well as plural.
1.1 Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, ClaroCOM.  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.

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

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

1.4 Documentation: any online or otherwise enclosed documentation provided by ClaroLITE of ClaroCOM.

1.5 Effective Date: the date on which this Agreement is entered into by clicking on the ACCEPT button as stated above.

1.6 Intellectual Property Rights: any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know how and trade secrets contained in or relating to the ClaroLITE of ClaroCOM Software, the Documentation, the ClaroLITE of ClaroCOM Website or the ClaroLITE of ClaroCOM Promotional Materials.

1.7 Galaxy Communications Corp., ClaroLITE of ClaroCOM, ClaroCOM: refers to the company established under the laws of the Republic of Panama,  with its address at El Cangrejo, Edificio Alegre, 4th floor, Province of Panama.  Phone Number +507 200-0100.

1.8 ClaroLITE of ClaroCOM API: application program interface consisting of the set of routines utilized by the ClaroLITE of ClaroCOM Software to provide the ClaroLITE of ClaroCOM Software functionality for a given platform or operating system, ClaroLITE of ClaroCOM API being included in or linked to the ClaroLITE of ClaroCOM Software.

1.9 ClaroLITE of ClaroCOM Online Material: the ClaroLITE of ClaroCOM banner available for download on the ClaroLITE of ClaroCOM Website, consisting of a ClaroLITE of ClaroCOM logo and a link to the ClaroLITE of ClaroCOM Website.

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

1.11 ClaroLITE of ClaroCOM Software: the software distributed by ClaroLITE of ClaroCOM for internet telephony applications, including without limitation the ClaroLITE of ClaroCOM API, UI and Documentation, as well as any future programming fixes, updates and upgrades thereof.

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

1.13 ClaroLITE of ClaroCOM Website: any and all elements, contents and the ‘look and feel’ of the website available – among other URL’s - under the URL www.clarocom.com, from which website the ClaroLITE of ClaroCOM Software can be downloaded.

1.14 Terms of Service: means the agreement between ClaroLITE of ClaroCOM and You for the use of the VoIP service;

1.15 UI: the user interface of the ClaroLITE of ClaroCOM Software.

1.16 VoIP Service: means the payable services provided under the Terms of Service

1.17 You: you, the end user of the ClaroLITE of ClaroCOM Software, also used in the form “Your” where applicable.

Article 2 License and Restrictions

2.1 License. Subject to the terms of this Agreement, ClaroLITE of ClaroCOM hereby grants You a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the ClaroLITE of ClaroCOM Software on Your computer, phone or PDA for the sole purpose of personally using the internet telephony applications provided by ClaroLITE of ClaroCOM and any other applications that may be explicitly provided by ClaroLITE of ClaroCOM.

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 ClaroLITE of ClaroCOM 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 ClaroLITE of ClaroCOM Software or any part thereof.

2.4 Third Parties. You acknowledge and agree that the ClaroLITE of ClaroCOM 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 ClaroLITE of ClaroCOM Software falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with the ClaroLITE of ClaroCOM 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 ClaroLITE of ClaroCOM or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to ClaroLITE of ClaroCOM or its Affiliates to enforce any of your rights.

2.5 New Versions of the ClaroLITE of ClaroCOM Software. ClaroLITE of ClaroCOM, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the ClaroLITE of ClaroCOM Software. You acknowledge and agree that ClaroLITE of ClaroCOM has no obligation to make available to You any subsequent versions of the ClaroLITE of ClaroCOM Software. You also agree that 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 ClaroLITE of ClaroCOM Software. Furthermore, You acknowledge and agree that ClaroLITE of ClaroCOM, in its sole discretion, may modify or discontinue or suspend Your ability to use any version of the ClaroLITE of ClaroCOM Software, and/or disable any ClaroLITE of ClaroCOM 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, cirucmstances where You, at ClaroLITE of ClaroCOM’s discretion, are in breach of this Agrement, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, which can be found at www.ClaroLITE of ClaroCOM.com/company/legal/terms/etiquette.html, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons. ClaroLITE of ClaroCOM will not accept any liability in relation to the direct or indirect damages caused by (1) the release and/or the absence of release of new versions of the ClaroLITE of ClaroCOM Software and (2) by the suspension or termination of the license or this Agreement by ClaroLITE of ClaroCOM and/or by You.

2.6 Paid Services. This Agreement applies to downloading, installing and using the ClaroLITE of ClaroCOM Software, free of charge. The use of any paid services which may be offered by ClaroLITE of ClaroCOM or its Affiliates, is subject to the additional Terms of Service that are published on the ClaroLITE of ClaroCOM Website.

Article 3 Definitions to License Restrictions and Additional Terms

3.1 Distribution of ClaroLITE of ClaroCOM Software. You are not allowed to distribute the ClaroLITE of ClaroCOM Software under this Agreement. For the right to distribute You will have to agree to and meet with the Distribution Terms as published on the ClaroLITE of ClaroCOM Website.

3.2 Distribution of ClaroLITE of ClaroCOM API. Under this Agreement You are not allowed to use the ClaroLITE of ClaroCOM API in connection with applications that You (or any third party) distribute or intend to distribute. If you wish to distribute Your application, which uses ClaroLITE of ClaroCOM API, You will have to agree to and meet with the API Terms of Use as published on the ClaroLITE of ClaroCOM Website.

3.3 Use of ClaroLITE of ClaroCOM API. You may make use of the ClaroLITE of ClaroCOM API, subject to license terms in Clause 2.1 and for the sole purpose of enabling Your application to connect with the ClaroLITE of ClaroCOM Software, provided that:

3.3.1 All such use of ClaroLITE of ClaroCOM API is carried out for legitimate purposes and shall in no way and to no extent adversely affect the functionality or performance of the ClaroLITE of ClaroCOM Software or services provided by ClaroLITE of ClaroCOM;

3.3.2 You will not remove, overtake, hide or otherwise make the UI inaccessible for end users;

3.3.3 You will monitor the ClaroLITE of ClaroCOM Website in order to ensure that You are aware of any changes in the applicable legal documents. In the event You cannot agree on any changes in any applicable legal document, You will immediately cease any and all use of the ClaroLITE of ClaroCOM API and, where applicable, any and all use of the ClaroLITE of ClaroCOM Software; and

3.3.4 You acknowledge and agree that Your use of the ClaroLITE of ClaroCOM API will be at Your own risk and account.

3.4 Any other Exceptions. If You are interested in doing anything else than permitted under this Agreement or by the Distribution Terms or the ClaroLITE of ClaroCOM API Terms of Use, You will have to obtain ClaroLITE of ClaroCOM’s previous written consent and explicitly agree upon any further (commercial) terms.

3.5 ClaroLITE of ClaroCOM Promotional Materials. Nothing in this Agreement will give You any right to use the ClaroLITE of ClaroCOM Promotional Materials.

Article 4 Utilization of Your computer

4.1 Utilization of Your computer. You hereby acknowledge that the ClaroLITE of ClaroCOM 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 ClaroLITE of ClaroCOM Software users.

4.2 Protection of Your computer (resources). You understand that the ClaroLITE of ClaroCOM Software 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, You acknowledge and agree that ClaroLITE of ClaroCOM cannot give any warranties in this respect.

Article 5 Confidentiality and Privacy

5.1 ClaroLITE of ClaroCOM’s Confidential Information. You agree to take all reasonable steps at all times to protect and maintain any confidential information regarding ClaroLITE of ClaroCOM, its Affiliates, the ClaroLITE of ClaroCOM Staff, the ClaroLITE of ClaroCOM Software and the IP Rights, strictly confidential.

5.2 Your Confidential Information and Your Privacy. ClaroLITE of ClaroCOM is committed to respecting Your privacy and the confidentiality of Your personal data. The “Privacy Policy” that is published on the ClaroLITE of ClaroCOM Website at www.ClaroLITE of ClaroCOM.com/privacy applies to the use of Your personal data, the traffic data as well as the content contained in Your communication(s). We do not sell or rent Your personal information to third parties for their marketing purposes without Your explicit consent and we use Your information only as described in the Privacy Policy. We store and process Your information on computers that may be located outside Your country that are protected by physical as well as technological security devices. You can access and modify the information You provide in accordance with the Privacy Policy. If You object to Your information being transferred or used in this way please do not use our services.

Article 6 IP Rights and Translations

6.1 Exclusive Ownership. You acknowledge and agree that any and all IP Rights to or arising from the ClaroLITE of ClaroCOM Software are and shall remain the exclusive property of ClaroLITE of ClaroCOM 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 the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws. You acknowledge and understand that all title and IP Rights in and to any third party content that is not contained in the ClaroLITE of ClaroCOM Software, but may be accessed through use of the ClaroLITE of ClaroCOM Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.

6.2 With the exception of IP Rights of ClaroLITE of ClaroCOM and/or its licensors in ClaroLITE of ClaroCOM Software (including the ClaroLITE of ClaroCOM API), You retain the intellectual property rights You may have in the applications, materials, products or processes You create which are based on or utilize the ClaroLITE of ClaroCOM API. You hereby release and covenant not to hold liable ClaroLITE of ClaroCOM or its Affiliates, or any of their licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments or claims (a) pertaining to any intellectual property You develop that is based on, uses, or relates to the ClaroLITE of ClaroCOM API; and (b) which otherwise may arise in connection with Your use of, reliance on, or reference to the ClaroLITE of ClaroCOM API. As between You and ClaroLITE of ClaroCOM, ClaroLITE of ClaroCOM and its licensors retain the IP Rights in and to the ClaroLITE of ClaroCOM Software (including the ClaroLITE of ClaroCOM API) and any derivative works thereto created by or for ClaroLITE of ClaroCOM or its licensors.

6.3 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 ClaroLITE of ClaroCOM’s rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to such materials.

6.4 Translations. You acknowledge and agree that the intellectual property rights regarding any translations made by You of any information on or accessible through the ClaroLITE of ClaroCOM Website or as otherwise requested of You by ClaroLITE of ClaroCOM at any time prior to or subsequent of the Effective Date will be and remain the sole and exclusive property of ClaroLITE of ClaroCOM without any compensation to You.

Article 7 Communication and Your Use of the ClaroLITE of ClaroCOM Software

7.1 Communication. Installing ClaroLITE of ClaroCOM Software enables You to communicate with other ClaroLITE of ClaroCOM Software users.

7.2 No Warranties. ClaroLITE of ClaroCOM cannot guarantee that You will always be able to communicate with other ClaroLITE of ClaroCOM Software users, nor can ClaroLITE of ClaroCOM guarantee that You can communicate without disruptions, delays or communication-related flaws or that all Your communication shall always be delivered to other ClaroLITE of ClaroCOM Software users. ClaroLITE of ClaroCOM will not be liable for any such disruptions, delays or other omissions in any communication experienced when using ClaroLITE of ClaroCOM Software.

7.3 No Responsibility of Content. You acknowledge and understand that the content of the communication spread by the use of the ClaroLITE of ClaroCOM Software is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable. ClaroLITE of ClaroCOM will not be liable for any type of communication spread by means of the ClaroLITE of ClaroCOM Software.

7.4 No Emergency Services. You expressly agree and understand that the ClaroLITE of ClaroCOM Software is not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any other kind of Emergency Service. ClaroLITE of ClaroCOM, its Affiliates or ClaroLITE of ClaroCOM Staff are in no way liable for such emergency calls.

7.4.1 Alternative Arrangements. By agreeing to this Agreement You understand that additional arrangements must be made to access Emergency Services. To access Emergency Services, You acknowledge and accept Your responsibility to purchase, separately from ClaroLITE of ClaroCOM Software, traditional wireless or wireline telephone service that offers access to Emergency Services.

7.4.2 No Compulsion to Offer Emergency Services. You recognize and agree that ClaroLITE of ClaroCOM is not required to offer Emergency Services pursuant to any applicable local and or national rules, regulation or law. You further recognize that ClaroLITE of ClaroCOM is not a replacement for Your primary telephone service.

7.5 Lawful purposes. You acknowledge and agree to use the ClaroLITE of ClaroCOM 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 ClaroLITE of ClaroCOM Software or the communication, (c) send any unsolicited commercial communication not permitted by applicable law, or (d) expose any other user to material which is offensive, harmful to minors, indecent or otherwise objectionable.

Article 8 Term and (Consequences of) Termination

8.1 Term. This Agreement will be effective as of the Effective Date and will remain effective until terminated by either ClaroLITE of ClaroCOM or You as set forth below.

8.2 Termination by ClaroLITE of ClaroCOM. Without limiting other remedies, ClaroLITE of ClaroCOM may limit, suspend, or terminate this license and Your use of ClaroLITE of ClaroCOM Software, prohibit access to ClaroLITE of ClaroCOM Website and delete Your User Account and/or User ID, with immediate effect, if we think that You are in breach of this Agreement, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, which can be found at www.ClaroLITE of ClaroCOM.com/company/legal/terms/etiquette.html, infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. ClaroLITE of ClaroCOM shall effect such termination by providing notice to You to the email address You have provided, and/or by preventing Your access to the respective User Account. We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.

8.3 Termination by You. You may terminate this Agreement with immediate effect at any time, with or without cause and without recourse to the courts, provided that You will meet with the conditions as set forth in Article 8.4 below.

8.4 Consequences of Termination. Upon termination of this Agreement, You (a) acknowledge and agree that all licenses and rights to use the ClaroLITE of ClaroCOM Software shall terminate, and (b) will cease any and all use of the ClaroLITE of ClaroCOM Software, and (c) will remove the ClaroLITE of ClaroCOM Software from all hard drives, networks and other storage media and destroy all copies of the ClaroLITE of ClaroCOM Software in Your possession or under Your control.

8.5 No liability. ClaroLITE of ClaroCOM will not be liable in relation to any damage caused by the termination of this Agreement.

Article 9 Your Representations and Warranties; Indemnification of ClaroLITE of ClaroCOM

9.1 Representations. You represent and warrant that You are authorized to enter into this Agreement and comply with its terms. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the ClaroLITE of ClaroCOM Software.

9.2 Indemnification. You agree to indemnify, defend and hold ClaroLITE of ClaroCOM, Affiliates and the ClaroLITE of ClaroCOM Staff harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by said 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 ClaroLITE of ClaroCOM Software, or (d) use and/or modification of the ClaroLITE of ClaroCOM API or (e) communication spread by means of the ClaroLITE of ClaroCOM Software.

9.3 U.S. Withholding Tax. United States-based end users and/or customers only: ClaroLITE of ClaroCOM and all affiliated non-U.S. ClaroLITE of ClaroCOM entities (including, but not limited to, ClaroLITE of ClaroCOM Software S.A., ClaroLITE of ClaroCOM Technologies, S.A., and ClaroLITE of ClaroCOM Communications Sarl) intend to fully comply with all applicable U.S. federal tax rules and regulations as provided by the Internal Revenue Code of 1986 (the “Code”) and the Treasury Regulations promulgated thereunder. ClaroLITE of ClaroCOM, Inc. (ClaroLITE of ClaroCOM’s U.S.-based affiliate) has been appointed to assist all U.S.-based end users and/or customers in complying with any and all U.S. tax obligations arising as a result of Your use of the ClaroLITE of ClaroCOM Software, VoIP Service and/or ClaroLITE of ClaroCOM API. You hereby agree to appoint ClaroLITE of ClaroCOM, Inc. as Your withholding agent for purposes of the withholding provisions of Chapter 3 of the Code, section 3406 and other withholding provisions of the Code, and the reporting provisions of Chapter 6 of the Code. Your agreement does not modify in any way Your defenses provided under U.S. tax law to avoid tax for any payments made to ClaroLITE of ClaroCOM’s non-US entities. If You would like any information with respect to Your rights and obligations concerning any and all potential U.S. federal income tax liability and/or reporting responsibilities or if You wish to receive additional information (including applicable Forms W-8BEN (“Certificate of Foreign Status of Beneficial Owner for United States Withholding”), You may contact ClaroLITE of ClaroCOM at taxation@ClaroLITE of ClaroCOM.net.

9.4 Export Restrictions.  You acknowledge that the ClaroLITE of ClaroCOM Software may be subject to international rules that govern the export of software. You agree to comply with all applicable international and national laws that apply to the ClaroLITE of ClaroCOM Software as well as end-user, end-use and destination restrictions issued by national governments. 

Article 10 Disclaimer of Warranties

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

10.2 Specific Disclaimer of Liability for Emergency Services. ClaroLITE of ClaroCOM does not provide Emergency Services in conjunction with the ClaroLITE of ClaroCOM Software. Neither ClaroLITE of ClaroCOM nor its officers or employees 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 the use of ClaroLITE of ClaroCOM Software to contact Emergency Services personnel. You shall defend, indemnify, and hold harmless ClaroLITE of ClaroCOM, ClaroLITE of ClaroCOM Staff and Affiliates and agents and any other service provider who furnishes services to You in connection with the ClaroLITE of ClaroCOM Software, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, You relating to the absence, failure or outage of ClaroLITE of ClaroCOM Software provided hereunder, including specifically any claims arising out of the failure of ClaroLITE of ClaroCOM to offer Emergency Services.

10.3 Your own Risk. You acknowledge and agree that the entire risk arising out of the use or performance of the ClaroLITE of ClaroCOM Software remains with You, to the maximum extent permitted by law.

10.4 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 as far as legally possible under the applicable legislation.

Article 11 Limitation of Liability

11.1 No Liability. The ClaroLITE of ClaroCOM Software is being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT CLAROLITE OF CLAROCOM, ITS AFFILIATES AND THE CLAROLITE OF CLAROCOM STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE CLAROLITE OF CLAROCOM SOFTWARE, AS SET FORTH BELOW.

11.2 Limitation of Liability. IN NO EVENT SHALL CLAROLITE OF CLAROCOM, ITS AFFILIATES OR THE CLAROLITE OF CLAROCOM STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE CLAROLITE OF CLAROCOM SOFTWARE, EVEN IF CLAROLITE OF CLAROCOM, ITS AFFILIATES OR THE CLAROLITE OF CLAROCOM STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.3 Remedy. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE CLAROLITE OF CLAROCOM SOFTWARE IS TO DEINSTALL AND CEASE USE OF SUCH CLAROLITE OF CLAROCOM SOFTWARE.

11.4 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 as far as legally possible under the applicable legislation.

Article 12 General Provisions

12.1 New versions of the Agreement. ClaroLITE of ClaroCOM reserves the right to modify this Agreement at any time by providing such revised Agreement to You or by publishing the revised Agreement on the ClaroLITE of ClaroCOM Website. The revised Agreement shall become effective within thirty (30) days of such publishing or provision to You, unless You expressly accept the revised Agreement earlier by clicking on the accept button. The express acceptance by You, or Your continued use of the ClaroLITE of ClaroCOM 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.ClaroLITE of ClaroCOM.com/company/legal/eula. ClaroLITE of ClaroCOM reserves the right to make changes to this Agreement from time to time.

12.2 Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between You and ClaroLITE of ClaroCOM with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.

12.3 Partial Invalidity. Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.

12.4 No waiver. The failure of ClaroLITE of ClaroCOM at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by ClaroLITE of ClaroCOM.

12.5 No Assignment by You. You are not allowed to assign this Agreement or any rights hereunder.

12.6 Assignment by ClaroLITE of ClaroCOM. ClaroLITE of ClaroCOM is allowed to at its sole discretion assign this Agreement or any rights hereunder to any Affiliate, without giving prior notice.

12.7 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of Luxembourg without giving effect to the conflict of laws or provisions of Luxembourg or Your actual state or country of residence.

12.8 Competent Court. Any legal proceedings arising out of or relating to this Agreement will be subject to the jurisdiction of the courts of the district of Luxembourg.

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

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE CLAROLITE OF CLAROCOM SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO CLAROLITE OF CLAROCOM THE RIGHTS SET FORTH HEREIN.

© ClaroLITE of ClaroCOM – Last revised: January 2006.