Terms & Conditions for Utilizing Link Wireless Service

IMPORTANT - READ CAREFULLY:

By accessing the iLink Wireless Monitor service, iLink Mobile, iLink Mobile Browser or any other iLink Wireless application, you agree to accept the following terms and conditions of this license agreement.

This End User License Agreement ("EULA") is a legal agreement between you and iPhocus Venture Management Group Inc., iPhocus LLC, affiliate iPhocus companies and iPhocus Original Equipment Manufacturer (OEM) licensed partners (“iPhocus”). Use of the iLink Wireless Software and Service provided with this agreement (the "SOFTWARE") constitutes your acceptance of these terms. The SOFTWARE includes computer software applications, the associated media, any printed materials, and any "online" or electronic documentation. By installing, copying or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this agreement, do not install and/or use this SOFTWARE. Use of this SOFTWARE is conditioned upon compliance by the user with the terms of this agreement.

Copyright:

The SOFTWARE is protected by international copyright treaties. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of iPhocus and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license.

Under this license, you may:

1. Use the SOFTWARE on any desktop, laptop or single hand held computer, smart phone or tablet computer provided that the SOFTWARE is in use on only one device at a time.
2. Make a single copy of the SOFTWARE solely for backup or archival purposes.

You May Not:

1. Make, or have made, any form of copy, copy the Software (except as specified above).
2. Permit other individuals to use the Software except under the terms listed above;
3. Place, or have placed the SOFTWARE on an electronic bulletin board or other form of on-line service.
4. Reverse engineer, decompile or disassemble or otherwise attempt to discover the source code of the SOFTWARE.
5. Modify, adapt, translate, rent, lease, loan or create derivative works from the SOFTWARE.
6. Bundle the SOFTWARE with hardware or other software.
7. Distribute the SOFTWARE.

Disclaimer of Warranty:

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. Because of the various hardware and software environments into which the SOFTWARE may be put, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED.

Termination:

This License shall continue for as long as you use the SOFTWARE, except that it will terminate if you fail to comply with any term or condition of this Agreement. Upon such termination, or in order for you to terminate the Agreement, you agree to destroy the original and any copies of the SOFTWARE.

Liability Limitation: NO LIABILITY FOR DAMAGES. In no event shall iPhocus be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, personal or third party injury, loss of life or any other pecuniary loss) arising out of the use of or inability to use this iLink Wireless software product, even if iPhocus has been advised of the possibility of such damages. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not iPhocus assume the entire cost of any service and repair.

Disclaimer Pertaining to Location Accuracy: This information is provided to you "as is," and you agree to use it at your own risk. iPhocus and its licensees make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this information. It is further agreed that the information or application data and computers servers WILL NOT be uninterrupted or ERROR-FREE with regards to LOCATION ACCURACY.

Indemnity: You agree to indemnify, defend and hold iPhocus and its licensees (including their respective licensees, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with any use or possession by you of this software and information.

Governing Law: The above terms and conditions shall be governed by the laws of the Province of Ontario and the country of Canada, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods. You agree to submit to the jurisdiction of the Province of Ontario for any and all disputes, claims and actions arising from or in connection with the information provided to you hereunder.