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End-User License Agreement for Vodafone Mobile

Broadband via the phone



1. Definitions
In these terms and conditions the following words shall have the following meanings: "you"
means the person using the Product; "Product" means the Software downloaded by you by itself
from a Vodafone website or supplied to you on a Compact Disc, website or directly from device or
any other media either by itself or together with the device; "Services" means data transmission
and other services offered by Vodafone under a contract or otherwise; "Software" means the
Vodafone software which is supplied to you on the Compact Disc, website or directly from device
together with the Mobile Connect/ Broadband Card or downloaded by you separately from a
Vodafone website; "we" and "us" “ SmarTone-Vodafone” means SmarTone Mobile
Communications Limited; "you" means the person using the Software.

2. Licence to Use
We grant you a revocable, non-exclusive, personal licence to use the object code version of the
Software in connection with the Services. We do not accept any responsibility or liability nor grant
any licence to use the Software with a SIM card which was not issued by us. You may not copy,
modify, reverse engineer or decompile the Software or any part of it (save to the extent expressly
permitted by law). You may not transfer, assign, sublicense, give away, loan, rent, lease or
otherwise distribute or enable a third party to use the Software or any part of it.
You may make one copy of the Software for back up purposes.
You are solely responsible for taking prudent and appropriate measures to back up data and
otherwise protect against loss of data.
The Software together with our SIM Card may be used by you to link into websites, resources
and /or networks worldwide. We do not accept any responsibility for the content, services or any
loss or damage you may suffer by using such websites and networks. You agree that you will not
use the Software or any part of it in breach of any relevant laws or regulations (including without
limitation any import or export laws and regulations) in the country in which you use the Services.
Further 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. Depending on the
type of device used, the Software will activate certain Third Party Software set out in the Annex.
Unless specified in the Annex such Third Party Software is licensed upon the terms of this End-
User Licence Agreement. However, certain Third Party Software is subject to the terms imposed
by the software provider as set out in the Annex.

3. Termination
We reserve the right to terminate this Agreement at any time by giving notice to you. This
Agreement shall also automatically terminate if you fail to comply with these 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. You may terminate it at any time by deleting
the Software including any back up copies from all your devices.
Upon termination of this Agreement, you will cease to use the Software and delete the Software
including any back-up copies from all your devices.

4. Intellectual Property Rights

Vodafone Group Services Limited owns the copyright in the Via the Phone Software and the
“Look and Feel” of the Via the Phone Software. VODAFONE, the Vodafone logo and Vodafone
Mobile Broadband are trade marks of the Vodafone Group. We and/or our other licensors as the
case may be, own all the other copyright and trade marks. 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 it strictly on the terms and conditions of this

5. Customer Services
If you need help with the Software please call our 24-hour hotline on +852 28802622, or write to
us at mobileconnect@smartone-vodafone.com.
6. Unique Identifier
When you install this Software an anonymous unique identifier (UID) is created at random. The
UID does not allow us to identify any individual users by name. It cannot be used to monitor
which web sites have been visited or e-mail addresses contacted by users. Using this UID, the
following types of non-personal information may be forwarded to us when you connect to our
a) Version and configuration of the Software
b) Connectivity methods, such as infrared and Bluetooth, and devices used
c) Web browser and email software version details
d) Laptop and processor manufacturer product ID
e) Session information including duration and quality/success of connection at location where
connection is initiated;
f) When roaming, the country code and the mobile network to which you are connected;
g) Type of usage, for example internet browsing, file transfer, intranet access.
h) IMEI (coded device identity)

This information will be stored by a third party on our behalf on a secure server for the following
(i) From time to time we may need to update service related settings and this may be done
without notification.
(ii) You may be notified about various software updates and patches, every time you connect,
weekly or monthly, depending on your preference. 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.
(iii) Compiling anonymous aggregate information about usage to improve the service..
If you do not want the UID to be used, then it is possible for you or your IT Manager to disable
this function. However it should be noted that SmarTone-Vodafone may not be able to fully
support the Services if this function is disabled, as we will not be aware of which updates or
software patches you may need. Please find details on how to disable the UID function pls call
our 24-hour hotline on +852 28802622,Please note that sending and receiving the above
information will necessitate sending small amounts of data over your connection. You will be
charged for this at your agreed rate. Please see www.smartone-vodafone.comfor typical costs.

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 from our
licensors. 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 extent permitted by
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 death or personal injury. 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) or contract and even if we or our licensors have been informed of the possibility of
such losses or damages.

9. Law and Jurisdiction

These terms and conditions shall be governed by the laws of the country where SmarTone-
Vodafone is domiciled and you agree to submit to the jurisdiction of the courts in the country
where SmarTone-Vodafone is domiciled.