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GENERAL TERMS AND CONDITIONS FOR USE OF THE MOBILSTIC SERVICES

Last updated 25 August 2008

By using any of the websites (each a "Site") operated by or for and on behalf of Mobilastic Technologies ("Mobilastic") and accessing the data and information including but not limited to text, pictures, photographs, software, video, music, sound and graphics ("Content") in any way, you agree to be bound by the following Terms and Conditions of Use ("Terms"). We may modify these Terms from time to time at our sole discretion, and such modifications shall be effective immediately upon posting of the modified Terms. You agree to review the Terms periodically to be aware of such modifications and your continued access to or use of the Site shall be deemed your conclusive acceptance of the modified Terms.

The following terms and conditions govern your use of the Mobilastic services (the "Services") and the materials available therein ("Materials"):

The Services that we are providing to you via the Site consist of the Content and the functionalities available on the Site or otherwise provided to you as a result of your use of the Site

You acknowledge and agree that you are only permitted to use the Site and the Services as expressly set out in the Terms or on the Site.

You agree that the Site and the Services are only for your own personal use, or the use of the organisation which you represent.

You may not, unless with prior written agreement from Mobilastic,

copy, disclose, modify, reformat, display, distribute, licence, transmit, sell, perform, publish, transfer or otherwise make available any of the Services or any information learned by you whilst using the Services or accessing the Site

remove, change or obscure in any way anything on the Site and/or the Services or otherwise use any material obtained whilst using the Site and/or Services except as set out in these Terms and Conditions

reverse engineer or decompile (whether in whole or in part) any software used in the Site and/or the Services (except to the extent expressly permitted by the applicable law)

copy or use any material from the Site and/or the Services for any commercial purpose

remove, obscure or change any copyright, trade mark or other intellectual property right notices contained in the Material or from any material copied or printed from the Site or obtained a result of the Services.

Mobilastic has the right, but not the obligation, to monitor the content of this website, to determine compliance with these Terms and any other operating rules established by Mobilastic. Monitoring or recording of your emails, text messages or other communications may take place in accordance with the law, and in particular for Mobilastic's business purposes, such as for quality control and training, to prevent unauthorised use of our Services and to ensure effective systems operation and in order to prevent or detect crime.

Your use of this Site is subject to all applicable local, state, national and international laws and regulations, and you agree that you will only use the Site and the Services in accordance with the Terms and not to violate such laws and regulations. Any attempt by any person to deliberately damage this Site is a violation of criminal and civil laws. Mobilastic reserves the right to seek damages from any such person to the fullest extent permitted by law.

In addition, you agree not to post or transmit through this Site any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libellous, derogatory, vulgar, obscene, hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any local, state or federal law.

You may not circumvent the authentication mechanism or security of any host, network or account (commonly known as "hacking", "cracking"), nor engage in any activity on this Site that restricts or inhibits any other user from using or enjoying this Site or interfere with the Service to any user, host or network (commonly known as "denial of service attacks") nor deface any portions of this Site nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading Mobilastic¡¯s legitimate web pages.

You may not post or transmit through this Site advertising or commercial solicitations; promotional materials relating to Site or online services which are competitive with Mobilastic and/or this Site; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component, political campaign materials; chain letters; mass mailings, spam mail, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of this Site or its contents.

You may not harvest or collect information about Site visitors without their express written consent.

Disclaimer
The provider of the Online Services represents and warrants that it has the right and authority to make the Site Services and Materials available in pursuant to the Terms.

EXCEPT AS OTHERWISE PROVIDED IN THE PREVIOUS PARAGRAPH, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. MOBILASTIC MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF THIS SITE. MOBILASTIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOBILASTIC DISCLAIMS LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR LOST PROFITS, THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO COMPUTER SYSTEMS, HARDWARE OR SOFTWARE, LOSS OF DATA, OR ANY OTHER PERFORMANCE FAILURES, OR ANY ERRORS, BUGS, VIRUSES OR OTHER DEFECTS THAT RESULT FROM OR ARE ASSOCIATED WITH USE OF THIS SITE.

MOBILASTIC MAKES NO WARRANTY THAT,

> THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

> THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

> THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

> ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THIS SITE, ITS CONTENT, AND THE SERVER ON WHICH THE SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL.

INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY MOBILASTIC AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY UNLESS EXPRESSLY STATED.

Mobilastic shall use its reasonable endeavours to ensure the maintenance and availability of the Site and the Services but availability may be affected by your equipment, communication networks, too many people trying to use communication networks or the Internet at the same time or other causes of interference and may fail or require maintenance without notice.

Mobilastic shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from

> Any errors in or omissions from the Online Services or any Materials available or not included therein,

> The unavailability or interruption of the Online Services or any features thereof or any Material;

> Your use of the Services or Materials (regardless of whether you received any assistance from us in using the Services),

> Your use of any equipment in connection with the Services,

> The content of Materials, or any delay or failure in performance beyond our reasonable control.

You have the responsibility of ensuring that you are viewing the most recent version of the web-pages. It is your sole responsibility to satisfy yourself prior to using the Site and the Services in any way that they are suitable for your purposes and up to date. The Services are periodically updated and you should check the Site and the Services regularly to ensure that you have the latest information. You should also refresh your browser each time you visit the Site and the Services to ensure that you download the most up to date version of the Site and the Services.

THE AGGREGATE LIABILITY OF MOBILASTIC IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR MATERIALS SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US.

MOBILASTIC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.

You hereby agree to fully indemnify and to hold Mobilastic harmless from and against any claim brought by a third party resulting from the use of the Site and the Services or the provision of Content to Mobilastic by you and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly of indirectly by Mobilaswtic in consequence of such use of the Site and the Services or provision of Content or your breach or non-observance of any of these Terms and Conditions.

The trademarks, logos and service marks ("Marks") displayed on this website are the property of Mobilastic or other third parties. You are not permitted to use these Marks without the prior written consent of Mobilastic or such third party which may own the Mark.

The intellectual property rights of the Content in this Site are either own by Mobilastic or the permission of their use has been obtained from the owner of the intellectual property. Mobilastic strictly prohibits the redistribution or copying of any part of this website or content on this website without written permission from Mobilastic. Mobilastic authorizes you to display on your computer, download and print pages from this website provided the copyright notice appears on all such printouts and the information will not be altered and the content is only used for personal, educational and non-commercial use and will not redistribute or copy to any other media.

Refer to Mobilastic¡¯s Privacy Policy located at http://www.mobilastic.com/admin/privacy_policy.html.

Your use of the Site, as well as these Terms shall be governed by, and construed in accordance with Singapore laws and you agree to submit to the exclusive jurisdiction of the Singapore courts. Any failure of Mobilastic or any third party supplier of Materials to insist upon or enforce strict performance of any provision of these Terms by shall not be construed as a waiver of any provision or of the right to enforce it at a later time.

Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in the Services by Mobilastic thereof. Notices shall be deemed to have been properly given on the date deposited in the Singapore mails, if mailed; on the date first made available, if displayed in the Services; or on the date received, if delivered in any other manner.

If any part of these Terms is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. These Terms are for the benefit of Mobilastic and its directors, officers, employees, suppliers, licensors, agents, and any third party content providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.