End User License Agreement (EULA)
ORB NETWORKS, INC.
ONLINE SERVICE AND SOFTWARE LICENSE AGREEMENT

PLEASE READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT") CAREFULLY BEFORE YOU DOWNLOAD AND/OR INSTALL THE SOFTWARE.

YOUR RIGHT TO USE THE ORB NETWORKS, INC. ("Orb") SOFTWARE AND ITS VIDEOMAIL ADD-ON (THE "SOFTWARE") AND THE RELATED SERVICE ("SERVICE") IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
By clicking the “I Agree” button in the installer, downloading, installing, or using the Software or the Service, you agree to be bound by the terms of this EULA. If you do not agree to the EULA, do not click the “I Agree” button and do not use the Software or the Service. You agree that installation or use of the Software signifies that you have read, understood, and agreed to be bound by the EULA.

If you choose to access or https://mycast.orb.com or otherwise use any part of the Orb™ online service (collectively the “Orb Service”) you further agree to be bound by the Orb User Agreement and Privacy Policy.

The Software and Service are provided to you under this EULA for your private, non-commercial use only.

1. Description. Orb provides the Service to you to allow you to access your digital content remotely from a variety of mobile computing devices through the use of the Software. Orb reserves the right to modify this Agreement and/or the Service and may discontinue or revise any or all other aspects of the Service at any time. Once you create an account for the Service, you shall receive a password and user name for your account. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities which occur under your account. You agree to immediately notify Orb of any unauthorized use of your account or any other breach of security known to you.

The Orb VideoMail Add-On and Orb VideoMail plugins for Microsoft® Outlook and Mozilla® Thunderbird are downloadable software applications to use with those applications and with the Orb Service to create and send videomail and voicemail to emails, instant messenger chat windows, and text-message applications on any Web-connected device with a Windows™ Media Player, RealPlayer™, WinAmp player, or 3GP player that supports the streaming of .sdp files.

Please note that Orb does not in any way endorse nor is it affiliated with Mozilla or Microsoft or their products or services. You must obtain licenses from these companies directly to use their products or services.

2. Grant of License. Subject to the terms and conditions of this Agreement, Orb grants to you a non-exclusive, non-transferable right to (i) use the the Software on your personal computer and (ii) use all electronic or written user guides, manuals, literature, drawings, materials and other documentation for and related to the Software generally made available by Orb to end users ("Documentation"), solely during the term of this Agreement.

3. Ownership And Restrictions. This Agreement does not constitute a sale of the Software or any copy of the Software. An express condition of this Agreement is that Orb and its licensors retain all worldwide ownership of and rights, title and interest in and to the Software, and all copies and portions thereof, the Service and the Documentation, including without limitation, all copyrights, moral rights, trademark rights, trade secret rights and other proprietary rights therein and thereto, regardless of the form or media in or on which the Software, the Service, the Documentation or copies may exist.

You may make one (1) copy of the Software solely for backup purposes. You must reproduce and include the copyright, trademark and proprietary notices on the backup copy. Orb reserves all rights not expressly granted to you. This Software and the use of the Service and the Documentation is licensed only to you and may not be transferred to anyone without the prior written consent of Orb. Any authorized transferee of the Software shall agree in writing to be bound by the terms and conditions of this Agreement. In no event may you loan, rent, time-share, sublicense, assign, transfer lease, sell or otherwise dispose of the Software on a temporary or permanent basis except as expressly provided herein. This Agreement shall benefit Orb and its successors and assigns. You may not modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works from the Software. All logos and product names appearing on or in connection with the Software or the Service, and any other materials provided with the Software, if any, are proprietary to Orb or its licensors and/or suppliers. You agree never to remove any proprietary notices or product identification labels from the Software or the Documentation, if applicable. You agree to use the Software and the Service in a manner consistent with any and all applicable laws and regulations and you agree that Orb shall have no duty to and shall not investigate your use of the Software and the Service or right to use the Software and the Service. You agree to indemnify Orb against any claims that your use of the Software and/or the Service violates the rights of any third party or any applicable laws and/or regulations of any jurisdictions, except to the extent the Software infringes any patent, copyright or trade secret of a third party.

4. Support. Orb will provide you with limited on-line support for the Software during Orb's regular business hours, available by email at [email protected] ("On-Line Support"). On-Line Support is available to assist you with limited inquiries related to Software installation and Service operation. On-Line Support is provided to you free of charge and Orb makes no warranties or representations regarding the availability, accuracy or response time of such On-Line Support. Additional information regarding the Software and the Service is available on-line at Orb's knowledge base accessed from within the product interface.

5. Content. You acknowledge and agree that the Software and the Service enable you to personally access digital content that you have stored on your personal computer or regularly access on the Web. You further acknowledge and agree that it is your sole responsibility to determine that you have all rights necessary under Copyright law to store and view the selected digital content through the use of the Software and the Service, and to ensure that you use the Software and the Service in compliance with any and all restrictions placed on your use of such digital content, whether such restrictions are imposed by the applicable content owners or by your service providers.

6. Warranty Disclaimer. Licensee understands that the Product is at a preliminary stage of development and is being provided solely for beta test purposes. Thus, Licensee agrees that neither Orb nor its agents or representatives shall be responsible for loss, destruction, or alteration of programs, content, data and other information resulting from use of the Product. LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE USE OF THE PRODUCT IS AT LICENSEE'S OWN RISK. THE PRODUCT AND ANY SUPPORT SERVICES ARE PROVIDED TO LICENSEE ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND. ORB EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. ORB DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ORB OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE.

7. Limitation of Liability. IN NO EVENT WILL ORB OR ITS AFFILIATES, SUPPLIERS, LICENSEES, DISTRIBUTORS, AND/OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, COVER, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE SERVICE, THE DOCUMENTATION, OR RELATED ON-LINE SUPPORT OR OTHER TECHNICAL SUPPORT, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS, INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, OR COMPUTER PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, ORB'S NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. 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.


8. Indemnity. You shall indemnify Orb, its employees and agents from and against all costs, claims, demands, expenses, fines, penalties and liabilities whatsoever which may be made against, sustained, paid or incurred by Orb, its employees or agents as a direct or indirect result of your breach of this Agreement, negligence, breach of statutory duty or other act or omission.

9. No Export. You acknowledge and agree that the goods, software, and technology subject to this Agreement are subject to the export control laws and regulations of the United States, including but not limited to the Export Administration Regulations ("EAR"), and sanctions regimes of the U.S. Department of Treasury, Office of Foreign Asset Controls. You will comply with these laws and regulations. You shall not, without prior U.S. government authorization, export, reexport, or transfer any goods, software, or technology subject to this Agreement, either directly or indirectly, to any country subject to a U.S. trade embargo (currently Cuba, Iran, Libya, North Korea, Sudan, and Syria) or to any resident or national of any such country, or to any person or entity listed on the "Entity List" or "Denied Persons List" maintained by the U.S. Department of Commerce or the list of "Specifically Designated Nationals and Blocked Persons" maintained by the U.S. Department of Treasury. In addition, any software or any technology subject to this Agreement may not be exported, reexported, or transferred to an end-user engaged in activities related to weapons of mass destruction. Such activities include but are not necessarily limited to activities related to: (1) the design, development, production, or use of nuclear materials, nuclear facilities, or nuclear weapons; (2) the design, development, production, or use of missiles or support of missiles projects; and (3) the design, development, production, or use of chemical or biological weapons.

10. Term And Termination. This Agreement is effective on the date you download or install the Software and with respect to the use of the Software, unless earlier terminated, continues for the duration of Orb's Copyright in the Software. This Agreement will terminate automatically without notice from Orb if you fail to comply with any provision of this Agreement. You may terminate this Agreement at any time by destroying all copies of the Software. Upon termination of this Agreement for any reason, you agree to destroy all copies of the Software. The following Sections shall survive termination of this Agreement for any reason: 3, 9, 10, 11, 12, 13 and 14.

11. Choice Of Law. This Agreement shall be governed and construed in accordance with the laws of the United States of America and the State of California as applied to agreements entered into and to be performed entirely within California between California residents. This Agreement shall be deemed to have been made and entered into in Alameda County, California. The parties hereby submit to the non-exclusive jurisdiction of, and waive any venue objections against, the United States District Court for the Northern District of California, and the Superior and Municipal Courts of the State of California, Alameda County, in any litigation arising out of or in connection with the Agreement. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.

12. Privacy Policy. Your use of the Service is governed by the Orb Privacy Policy that is available at http://www.orb.com/company/privacy_policy.

13. Feedback. At Orb's request, Licensee will provide Orb with written or oral report(s) of the results of Licensee's evaluation of the Product, including, but not limited to, a report of any errors which Licensee has discovered in any aspect of the Product or related documentation. Such reports, and any other materials, information, ideas, concepts, feedback and know-how provided by Licensee to Orb concerning the Product ("Evaluations") will be the property of Orb. Licensee agrees to assign, and hereby assigns, all right, title and interest worldwide in the Evaluations, and the related intellectual property rights, to Orb and agrees to assist Orb, at Orb's expense, in perfecting and enforcing such rights.

14. Miscellaneous. You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. You also agree that this Agreement is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior or contemporaneous oral or written agreements and any other communications between the parties relating to the subject matter of the Agreement. No waiver of any right under this Agreement shall be deemed effective unless contained in writing and signed by a duly authorized representative of Orb, and no waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under this Agreement. If any provision in this Agreement is invalid or unenforceable, that provision shall be reformed to the maximum extent allowed by law to reflect the same economic effect as the invalid or unenforceable provision, and the other provisions of this Agreement shall remain in full force and effect. The section headings appearing in this Agreement are for the convenience of the parties and do not define or limit the scope or intent of such sections. No modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties. The English language will be the controlling language of this Agreement. All communications and notices given pursuant to this Agreement will be in the English language. Should you have any questions concerning this Agreement, please contact Orb in writing at the address given below:

Orb Networks
6425 Christie Ave. Suite 300
Emeryville, California 94608