OIGAA “BETA” SOFTWARE USER LICENSE
OCTOBER 2007

IMPORTANT: READ THIS DOCUMENT THOROUGHLY, AS WELL AS THE SERVICE CONDITIONS (www.oigaa.com/terms.htm) AND THE PRIVACY POLICY (www.oigaa.com/privacy.htm) BEFORE USING THE OIGAA “BETA” SOFTWARE.

VOZTELECOM SISTEMAS, S.L. (hereinafter, “VOZTELECOM”), with registered offices at Ronda Can Fatjó, número 9, Edificio C, 1ª Planta, Cerdanyola (08290), Barcelona (SPAIN), inscribed in the Companies Register of Barcelona to Volume 35301, Sheet 0205, Page B262926 and with Corporate Taxpayer Identification Number B-63102149 and telephone number 933968800, hereby makes this Software License available to the USER in the terms which are established below.

Through the use of the OIGAA “BETA” software, you hereby acknowledge having read and understood this License, as well as the Service Conditions and the Privacy Policy, and state that you have the legal capacity necessary to bind yourself to their terms and conditions.

DEFINITIONS

For the exclusive purpose of this License, the following terminology shall be understood as follows:

1. Computer Application: A sequence of instructions created for their interpretation, use and execution by a computer system, whose cession of use comprises the object of this License. When there exist several of these, this License may refer to them all, as well as to their backup copy or copies, in the singular. In this case, this is the OIGAA “BETA” software.

2. Grantor: The individual or legal entity who cedes the application’s rights of use. In this case, this is VOZTELECOM SISTEMAS S.L., with registered offices at Ronda Can Fatjó nº 9, Edif. C, 1ª Planta, in Cerdanyola 08290, Spain. Hereinafter, “VOZTELECOM”.

3. Computer Application User: The individual or legal entity who is the beneficiary of this cession of use, and who is authorized for the use of the computer application, assuming the obligations and responsibilities of this License and those of the Service Conditions which he or she agrees to. In this case, this is the User who operates the OIGAA “BETA” software.

4. Parties: The Grantor (VOZTELECOM) and the User.

5. Third Party: Any individual or legal entity outside this contractual relationship.

6. Programs: A sequence of instructions created for their interpretation, use and execution by a computer system which are necessary for the correct functioning of the computer application whose cession of use comprises the object of this License.

7. Hardware: Electronic, mechanic or magnetic devices which are necessary for the functioning of the computer application and those which may be accessory to these.

8. Organization: An individual or private legal entity to which the USER belongs and which he or she represents in the use of the application.

LICENSE

VOZTELECOM grants the USER a non-exclusive, non-transferable Use License which is free of charge for the OIGAA “BETA” program, for which he or she may use this program on his or her computer, cellular phone or PDA device for the sole purpose of the Services contracted with VOZTELECOM, which are subject to the Service Conditions the USER states acknowledging and accepting. The use of the OIGAA “BETA” program is subject to the terms and conditions established in this License.

USE RESTRICTIONS

Cession or transfer to Third Parties prohibited. The USER may not cede or transfer the rights acquired through this License to Third Parties in any manner, nor may he or she allow, through his or her post or level of authority, its use by Third Parties who do not belong to the Organization to which the USER belongs, as the case may be, with the use of the computer application absolutely prohibited for any other purpose other than that which is the exclusive fulfillment of his or her own use needs (pursuant to the Service Conditions) or the use which is described in the computer application itself. For mere purpose of example and in no way limitative, the USER may not: rent out, lend, sell or sub-license the computer application or carry out acts which imply a violation of the Duty of Protection of Third Party Assets.

Distribution prohibition. This License explicitly prohibits the USER from distributing the OIGAA “BETA” software.

Modification prohibition. For exemplary purposes and by no means limitative, the USER is prohibited from carrying out reverse engineering, decompiling, disassembling, modifying, making versions of, marketing, duplicating, transforming or transferring to an individual or organization, partially or in its entirety, through files or by any other means, be they mechanical, magnetic, through photocopy or any other, the software which is the object of this License. The USER is likewise prohibited, for exemplary purposes and not limitative, from eliminating any property alerts or labels of the computer application, as well as logical diagrams, source codes, data objects and/or models, without prior and express authorization in writing from the Grantor, even when some or any of these updates may be necessary for inter-operativity with other programs or independent web applications.

Illicit use prohibition. The USER is obliged to abstain from using the OIGAA “BETA” software for illicit ends or purposes, or those contrary to that established in this License, in the Service Conditions as well as those established by Law, moral behavior, the public order and generally accepted good practice, including, without this being limitative, the restrictions which may be applicable related to authorship rights and other intellectual property rights. Likewise, the USER is obliged to not use the computer application in any way which could damage, leave useless, overload or otherwise deteriorate the computer application.

CHARACTERISTICS OF THE OIGAA “BETA” SOFTWARE

Online-use software. The USER accepts that, as this is a computer application which is available online, whose operation is carried out through the internet so to avoid any download or installation for it, no copy of the OIGAA “BETA” software will be delivered. Notwithstanding, for the functioning of the computer application, it is necessary to have certain elements installed in the USER’s browser, which will be obtained by automatic download through the internet when the USER accesses the Service, and for which VOZTELECOM bears no liability whatsoever.

Access to the OIGAA “BETA” software will be carried out exclusively through the web page hosted under the domain www.oigaa.com or at another internet address which may be identified at this domain. For access to and use of the application, the USER must have a user name and password, which will be sent automatically to the USER’s email address once the subscription processing for the OIGAA Service is finalized.

The OIGAA “BETA” software program will use the internet connection of the device through which the USER accesses it. VOZTELECOM bears no responsibility for the availability of this connection or lack thereof.

VOZTELECOM may obtain data regarding the performance of the OIGAA “BETA” software for the sole purpose of adding improvements to the software, always with respect for the privacy of the USER pursuant to the Privacy Policy.

Absence of guarantees. The USER accepts that the OIGAA “BETA” software is provided in its current state and excluding all conditions, statements and guarantees, be they express or implicit, legal or of any other nature, including, and without limitation to, any implicit guarantee related to the quality, performance, availability, absence of errors, loss of data packets, marketing or adaptation for the use in question or for specific intentions. VOZTELECOM likewise does not guarantee connections or transmissions from or to the internet, nor the quality of the communications made through the OIGAA “BETA” software.

Emergency call service. The USER acknowledges and accepts that the OIGAA “BETA” software may not substitute for traditional telephone service, and that it therefore may not be used in order to make emergency calls through the public use telephone network, understanding these to be the services which connect the USER to emergency service personnel and public safety service centers, according to the demands of regulations which may be valid in the local and national region. It is the exclusive responsibility of the USER to acquire a service which offers emergency call access.

RESPONSIBILITIES

Use. The USER shall be responsible for the use which he or she makes of the OIGAA “BETA” software and shall be made responsible for the use which those employed by the USER may make of it or which those who have knowledge of or direct or indirect access to the OIGAA “BETA” software through him or her may make of it. The USER will likewise be responsible for all the activity which may occur through his or her use of the OIGAA “BETA” software, and will comply with all the laws, agreements and regulations which may be valid at the local, regional, national and international level, including with legislation concerning data protection, international communication and data transmission with regard to technical or personal information.

Content. The USER is responsible for the communications which he or she makes and for the content which is transmitted using the OIGAA “BETA” software, as well as for the consequences which may arise from these. VOZTELECOM shall bear no responsibility whatsoever with regard to the communications transmitted by Third Parties, and likewise has no obligation whatsoever with respect to controlling these. VOZTELECOM reserves the right to delete or reject the distribution of any communication or content. It likewise reserves the right to access, read, save or show any kind of information which it deems necessary for the purpose of complying with applicable Law or regulations, the conditions or terms of this License and the Service Conditions, in order to detect or impede situations of fraud or security or for technical matters, or in order to protect the rights, property or security of VOZTELECOM, its users and the public in the manner demanded and permitted by Law.

UPDATES AND MODIFICATIONS

Modifications. VOZTELECOM reserves the right to unilaterally modify and revise the terms and conditions of this License at any time, without there existing any obligation whatsoever for VOZTELECOM to communicate these modifications, although VOZTELECOM will attempt to notify the USER of substantial changes. The USER is responsible for periodically seeking the latest updated version of this License on the web [http://www.oigaa.com/license.htm]. Any access or partial or total use of the computer application means acceptance of the modification or modifications made.

Updates. VOZTELECOM reserves the right to unilaterally modify, at any time and without prior warning to the USER, the presentation, technical configuration and content of the OIGAA “BETA” software in the terms which it deems appropriate. Any access or partial or total use of the computer application means acceptance of the modification or modifications made.

INTELLECTUAL PROPERTY RIGHTS

The USER acknowledges and accepts that the full ownership of the software, the www.oigaa.com domain and all the intellectual property rights on the OIGAA “BETA” software, or those which may arise from it, are the exclusive property of VOZTELECOM and its licensors. VOZTELECOM likewise possesses all the rights on any suggestions, ideas, improvement requests, comments, recommendations or any other information provided by the USER in relation to the use of the OIGAA “BETA” software.

The USER acknowledges and accepts that all the rights, including intellectual property rights, related or corresponding to any Third Party content which is not content of the OIGAA “BETA” software but which may be accessed through it, belongs to their respective owners and may be protected by laws or agreements concerning intellectual property which the USER is obliged to respect and comply with.

LIMITATION OF LIABILITY

The USER understands and accepts that he or she receives the OIGAA “BETA” software free of charge and in a test phase, and thus VOZTELECOM, its subsidiary companies, its licensors and its personnel bear no liability whatsoever which could arise or be related to the use of the OIGAA “BETA” software, as this is stipulated herein below.

To the maximum extent permitted by applicable Law, under no circumstances will VOZTELECOM, its employees or license grantors and affiliates be responsible for lost profits, losses on income, sales or data, or for costs for the acquisition of substitute assets or services, nor for material or personal losses, interruption of business activity, loss of business information or for any damage whatsoever, be it special, direct, indirect, accidental, financial, coverage-related, punitive or consequent, regardless of the cause or if it has a contractual or extra-contractual origin or through negligence or any other basis for liability originating through the use or inability to use the software, independently of whether the possibility of such damage was warned of or notified to VOZTELECOM or to its license grantors or subsidiaries. Additionally, VOZTELECOM shall not be responsible for any error or defect relating to the use which the USER may make of the OIGAA “BETA” software, nor for any interruptions, suspensions, abrupt endings of service, failure or delay which could occur during operation of the OIGAA “BETA” software.
Some jurisdictions do not permit any of the exclusions or limitations established in the paragraph above, for which the previous exclusions mentioned may not be applicable. In such a case, the liability of VOZTELECOM will be limited to where this is legally possible.

PERIOD OF VALIDITY AND EXCLUSION OR TERMINATION

Period of validity: This License will enter into validity when the OIGAA “BETA” software begins to be used, and its duration will be linked to that established in the Service Conditions.

Annulment by VOZTELECOM. VOZTELECOM reserves the right, at any time and without prior notice to the USER, to exclude and/or annul the use and/or access to the OIGAA “BETA” program software by the USER, temporarily or definitively, and immediately if VOZTELECOM considers that the USER has failed to comply with any of the terms and conditions established in this License or in the Service Conditions, or for any violation of the Law, morals or the public order.

The annulment by VOZTELECOM pursuant to this Clause will not mean renouncement by VOZTELECOM of claims or of the exercise of the corresponding legal actions.

Annulment by the USER. Annulment by the USER will be linked to that established in the Service Conditions and will be carried out according to the terms and conditions stipulated therein.

INTEGRITY OF THE LICENSE

Each one of the stipulations in this License must be interpreted separately and independently from the others. If any of these becomes invalid, illegal or unable to be executed by virtue of any legal regulation, or should it be declared null or ineffective by any Court or Administrative Authority, the nullity or ineffectiveness mentioned will not affect the other stipulations, which will maintain their full validity and effectiveness. The Signing Parties agree to substitute the Clause or Clauses affected by another or by others which have effects corresponding to the objectives pursued by the Parties in this License.

CONTROLS ON EXPORTS

The USER acknowledges and accepts that the OIGAA “BETA” software may be subject to legal standards on imports and exports. The USER accepts adhering closely to applicable Law regarding imports and exports, and acknowledges his or her responsibility with respect to compliance with these regulations, as well as with restrictions on destinations, end use and end user issued by national governments.

JURISDICTION AND APPLICABLE LAW

This License is to be governed by Spanish Law, without any conflict in legal provisions or those of the USER’s current region or country of residence having any effect. Any claim, legal proceeding or lawsuit which could arise in relation to this will be subject solely to the jurisdiction of the Legal Courts of Spain.