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TERMS & CONDITIONS

Terms & Conditions:

Subscriber to the CellSniper Application is bounded by the EULA (End User License Agreement) which is available on the b.mobile website. Prior to the license expiring a reminder will be sent to the subscriber. The application will be automatically renewed. If you do not wish to continue, you will need to bring your mobile unit to our counter. Unsubscription can only be done at the b.mobile counters and you must bring proof that the line belongs to you. remove the service. Each activation is considered as purchase of one CellSniper license and the license is non-refundable and non-transferable.

This License Agreement for B-Mobile Communications Sdn Bhd (B-Mobile) Product- CellSniper ("License Agreement") is a legal agreement between end user and B-Mobile and its suppliers and licensors (collectively "B-Mobile Customers") for the NSS software which may include components provided by suppliers and licensors to B-MOBILE ("Software"). The Software may include any of the following NSS products including any combination of such products and Alpha, Beta, trial, pre-release, free, pay and premium versions of the products (collectively, "NSS Products"): CellSniper ( "CellSniper") for Symbian Series 60, CellSniper for Symbian UIQ 2.0 and UIQ 2.1 and CellSniper for Symbian OS version 9.1. You may install only ONE copy of the Software. By clicking on the "Accept" button, installing, copying or otherwise using the Software, you agree to be bound by the terms of this license Agreement.

NSS MSC SDN BHD (NSS) IS A MOBILE SOFTWARE SOLUTIONS PROVIDER TO B-MOBILE COMMUNICATIONS SDN BHD.

YOU AGREE TO BE BOUND BY THE "TERMS OF SERVICE FOR B- MOBILE SERVICES" ATTACHED HERETO AS BELOW.

YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS license, UNDERSTOOD IT, AND AGREED TO BE BOUND BY ITS TERMS AND CONDITIONS.

ANY THIRD PARTY SOFTWARE, INCLUDING ANY THIRD PARTY'S PLUG-IN, THAT MAY BE PROVIDED WITH THE SOFTWARE IS INCLUDED FOR USE AT YOUR OPTION. IF YOU CHOOSE TO USE SUCH THIRD PARTY SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH THIRD PARTY'S LICENSE AGREEMENT, IF AN ELECTRONIC COPY OF SUCH LICENSE AGREEMENT IS INSTALLED IN THE APPROPRIATE NSS PRODUCT FOLDER ON YOUR COMPUTER / HANDPHONE UPON INSTALLATION OF THE SOFTWARE. NSS NOR B-MOBILE IS NOT RESPONSIBLE FOR ANY THIRD PARTY'S SOFTWARE AND SHALL HAVE NO LIABILITY FOR YOUR USE OF THIRD PARTY SOFTWARE.

1. GRANT OF LICENSE – This is a non-exclusive license to use the CellSniper Software and any related documentation ("Documentation") subject to the following terms:

You may:

a) Use the Software on any single functional/operational handset that supports the application.

b) Any direct use of Plug-Ins to this software through a non-NSS proprietary application, including a custom or user-written application is prohibited by this License Agreement.

c) B-Mobile may modify this License Agreement with respect to free versions of the Software upon 21 days written notice to you, including notice via the communications features described below.

1.1 Software Performance Parameters

NSS AS A MOBILE SOLUTIONS SOFTWARE PROVIDER AND B-MOBILE AS A MOBILE NETWORK PROVIDER WILL NOT BE HELD RESPONSIBLE FOR INSTANCES STATED BELOW:

a) The look and feel of the product is dependent on the phone model and manufacturer and user experience and user interface may vary slightly from one handset model to another.

b) In case the user experiments with the product to test the feature for deletion of data by testing it on his/her handset, B-Mobile or NSS shall not be responsible or compensate for any loss/recovery of data.

c) In case the user locks the phone and forgets the password, the user shall have to send a written request to B-Mobile. Upon verification of identity, the password will be reset to “blank “enabling the user to access the phone data. They will be minimum administration charges imposed for this service.

d) The software has been designed for specific automated actions. The settings for these automated actions can be disabled by the user, if required. When disabled, the automated actions (viz. “phone lock” and “trace alert”) will not get initiated. Additionally, in the case of lost or stolen handsets, human behavioral patterns will influence the efficacy of the software, viz. phone may or may not be switched on once it is switched off, a different SIM card may or may not be inserted, a locked phone may be switched off by the finder and not turned on again, and other such instances, causing certain automated features to not function as optimally desired.

e) In the event that the lost/stolen phone gets hard reset or rechipped before any other SIM card is inserted, the “trace alerts” will not work.

f) In the event that the new simcard has no credit(prepaid),is barred and/or suspended, the “trace alerts” will not work. If the status of the user nominated numbers is barred and/or suspended or has no credit (prepaid), the “trace alerts” will not be received.

g) In the event there is a delay in sending the wipe string to the designated number from which the “trace alerts” were received, B-Mobile will not be liable for these Wipe strings not reaching the designated number and thereby the data remaining intact on the targeted phone.

h) User is advised to keep the password, wipe string and such details pertaining to the software, strictly confidential. B-Mobile is not responsible for misuse of software features resulting in loss of data or handset being locked remotely by another person who knows the password.

i) This software may from time to time require to be serviced remotely by B Mobile or NSS, to reset license validity, update performance parameters and specifications, reset password or such maintenance and service tasks. These tasks may be undertaken remotely by B Mobile or NSS through technology and means available at the time.

j) Once activated, application shall be valid for 6 months (180 days) from the day of activation and is renewable.

2. LICENSE RESTRICTIONS
a) You may not:

(i) permit other individuals to use the Software except under the terms listed above;

(ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software or Documentation;

(iii) copy the Software or Documentation other than Documentation meant for public view;

(iv) rent, lease, transfer, or otherwise transfer rights to the Software or Documentation;

(v) remove any proprietary notices or labels on the Software or Documentation. Any such forbidden use shall immediately terminate your license to the Software.

b) You agree that you shall only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Software and Documentation, including, but not limited to, applicable restrictions copyright and other intellectual property rights.

c) You may not use the Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.

RETURN POLICY
This software comprises intangible irrevocable good B-Mobile will NOT refund after issuing CellSniper to you, which you are responsible for understanding upon purchasing any article from B-Mobile. You may however, unsubscribe to the product or service in the prescribed manner that is detailed by B Mobile. Subscription terms as existing at the time will be applicable.

3. TITLE
Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain with NSS. The international copyright treaties protect the Software and the Services.

4. LIMITATION OF LIABILITY
Under no circumstances and under no legal theory whether in tort contract or otherwise shall B-Mobile or its suppliers or resellers be liable to you or any other person for any indirect, special, incidental or consequential damages of any character including without limitation damages for loss of goodwill, work stoppage, computer failure or malfunction or any and all other commercial damages or losses even if NSS shall have been informed of the possibility of such damages or for any claim by any other party. Further, in no event shall B-Mobile’s liability under any provision of this agreement exceed the license fee paid to B-Mobile for the software and documentation because some states/jurisdictions do not allow the exclusion of limitation of liability for consequential or incidental damages. The above limitation may not apply to you.

For the Free, Trial, Pre-Release, Alpha, and Beta versions of this software, the Services and the Content, the following terms apply:

DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY. The software, documentation, services and content are provided as is without warranty of any kind. To the maximum extent permitted by applicable law, B-Mobile further disclaims all warranties, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The entire risk arising out of the use or performance of the software, documentation, services and content remain with you. To the maximum extent permitted by applicable law, in no event shall B-Mobile be liable for any consequential, incidental, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of this agreement or the use of or inability to use the software, the services or the content, even if NS has been advised of the possibility of such damages. B-Mobile’s total liability shall not exceed the cost of purchase. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. B-Mobile does not endorse, warrant or guarantee any content provided by or through B-Mobile. You acknowledge that the software may not be free from defects/bugs and may not satisfy all of your needs.