Rebtel License Agreement
1. License
1.1. Subject to the terms of this agreement (as amended, changed or varied from time to time, this "Agreement"), Rebtel Services S.a.r.l. and its group companies and affiliates (collectively "Rebtel" or "we") hereby grants you, the end user of the software ("You" or when applicable "Your") provided by Rebtel (the "Software"), a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to use the Software on such devices as Rebtel in it sole discretion decided to make the Software available on, from time to time, for the sole purpose of personally using the communication and other applications provided by Rebtel. The Software, the Rebtel Website and the service provided by Rebtel from time (collectively the "Services").
1.2. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant any rights to third parties with regard to the Software or any part thereof.
1.3. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software.
1.4. You acknowledge and agree that Rebtel (or Rebel's licensors) own all legal right, title and interest in and to the Software, including any present and future rights in patents, trade marks, designs, trade or business names, domain names, copyright (including rights in computer software), database rights, topography rights, rights in know-how, trade secrets and any other intellectual property right or right of a similar nature anywhere in the world, whether registered or unregistered which relates to the Software (collectively "IP-Rights").
1.5. You agree that You will not remove, obscure, or alter any notices or indications of the IP-Rights and/or Rebtel's rights and ownership thereof.
2. Content and use of the Services
2.1. The content of the communication spread by the use of the Software is entirely the responsibility of the person from whom such data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images and/or any type of information or communications (collectively "Content") originated.
2.2. You agree that you are solely responsible for (and that Rebtel has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Rebtel may suffer) by doing so.
2.3. You agree that You shall not Use any Content that is subject to any third party IP-Rights, unless you have a licence or specific permission from the owner to use such third IP-Rights, and to grant Rebtel the licence set out in paragraph 2.4 below.
2.4. You hereby grant to Rebtel a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable and transferable licence to: (a) reproduce, modify and publish any Content that you use on the publicly accessible areas of Rebtel's website www.rebtel.com (together with all other domains and website(s) used by Rebtel (the "Rebtel Website") for the purpose of displaying and distributing such Content on the Rebtel Website for such time as You continue to Use such Content on the Rebtel Website; and (b) distribute and/or display through the Software any Content that You provide or make available using the Software for the purposes of making the Software and the Products available to You.
2.5. Rebtel reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Services. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
2.6. The Software may utilise the processor and bandwidth of the computer or other applicable device You are utilising, for the purpose of facilitating the communication between users of the Software. Rebtel will use commercially reasonable endeavours to protect the privacy and integrity of the computer resources or other applicable device You are utilising and of Your communication, however Rebtel gives no warranties whatsoever in this regard.
2.7. Rebtel, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Software. Rebtel has no obligation to make available to You any subsequent versions of the Software or updates for the Softaware. Further Rebtel has no obligation to support or service the Software. From time to time the Software may download and install updates automatically. You agree to receive such updates in order to continue using the Software.
2.8. Rebtel may, in its sole discretion and to the maximum extent permitted by all applicable governing laws, statutes, ordinances and regulations ("Applicable Law") within Your jurisdiction, modify or discontinue or suspend Your ability to use any version of the Software, and/or disable any Software You may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where You, at Rebtel's discretion, are in breach of this Agreement, or in Rebtel's reasonable opinion is using the Services in a way that is fraudulent, immoral or illegal activities or could damage, cause disreputation to or incur liability for Rebtel.
2.9. The Software is not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, security or alarm services, medical care unit or any other kind of similar services (collectively "Emergency Services"). You acknowledge and agree that Rebtel is not required to offer access to Emergency Services under any Applicable Law.
2.10. You agree and understand that You can only use the Software for lawful purposes. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for You; (b) use software or any other codes or instructions that are designed to distort, delete, damage or disassemble the Software or the communication provided by it; (c) send any unsolicited communication not explicitly permitted by Applicable Law (d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way; (e) use the Software to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or (f) use, with or in connection with the Service, any material or content that is subject to any third party rights, unless you have a licence or permission from the owner of such rights. Further, you agree that you will be solely responsible to Rebtel for all activities that occur in relation to your use of the Services.
2.11. You agree that Rebtel may collect and use technical data and related information, including but not limited to technical information about Your computer or other applicable device using the Software, and peripherals, that is gathered periodically to facilitate the provision of Software updates, product support and other services to You (if any) related to the Services. Rebtel may use this information, as long as it is in a form that does not personally identify You, to improve the Services or to provide other services or technologies to You
3. Use and Security
3.1. You agree and understand that you are responsible for maintaining the confidentiality of passwords and other personal information associated with Your use of the Services.
3.2. You represent and warrant that You are authorised to enter into and comply with this Agreement. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations under this Agreement, as well as any Applicable Law that may apply to Your use of the Services and any end-user, end-use and destination restrictions issued by any national governments.
3.3. You agree to indemnify, defend and hold Rebtel and its officers, directors and staff harmless from an against any and all liability and cost in connection with or arising out of your (a) violation or breach of this Agreement or Applicable Law; (b) violations of any rights of any third party; or (c) use of the Services.
4. Term, Termination, Updates
4.1. This Agreement will be effective as the earlier of the date on which this Agreement is entered into by clicking on the [ACCEPT button] upon installation or use of the Software by You ("Effective Date") and will remain effective until terminated by either Rebtel or You as set out below.
4.2. You may terminate this Agreement with immediate effect at any time after giving written notice to Rebtel. Without limiting other remedies, Rebtel may limit, suspend, or terminate this license and Your use of the Software, prohibit access to the Rebtel Website and delete Your account and/or personal information, with immediate effect, automatically and without recourse to the courts or any other authorities, if Rebtel in its reasonable opinion believe that You are in breach of this Agreement, creating problems, legal liabilities (actual or potential), infringing IP-Rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. Rebtel shall effect such termination by providing notice to You to the e-mail address, phone numbers or address You have provided, and/or by preventing Your access to the Services. We reserve the right to cancel accounts that have been inactive for more than twelve months.
4.3. Upon termination of this Agreement: (a) all licenses and rights to use the Software shall immediately terminate; (b) You will immediately cease any and all use of the Software; and (c) You will immediately expunge the Software from all hard drives, networks and other storage media and destroy all copies of the Software in Your possession or under Your control.
4.4. Rebtel reserves the right to change this Agreement at any time by publishing the revised Agreement on the Rebtel Website. The revised Agreement shall become effective within fifteen (15) days of such publication, unless You expressly accept the revised Agreement by using the Services. Your express acceptance or Your continued use of the Services after expiry of the notice period of fifteen (15) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. You can find the latest version of this Agreement at the Rebtel Website.
5. Disclaimer of Warranties and Limitation of Liability
5.1. THE SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER; REBTEL DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. REBTEL FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES REBTEL WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SERVICES.
5.2. REBTEL DOES NOT PROVIDE CONNECTIONS TO EMERGENCY SERVICES (AS DEFINED ABOVE) VIA THE SERVICES. REBTEL SHALL NOT BE LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSS HAS BEEN NOTIFIED TO REBTEL) FOR ANY CLAIM, DAMAGE, OR LOSS, ARISING FROM OR RELATING TO: (A) YOUR INABILITY TO USE THE SERVICES TO CONTACT EMERGENCY SERVICES, OR (B) YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS CONNECT TO EMERGENCY SERVICES.
5.3. You acknowledge and agree that the entire risk arising out of Your use of the Services remains with You, to the maximum extent permitted by law.
5.4. The Software is being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT REBTEL AND ITS LICENSORS AND THE REBTEL DIRECTORS, OFFICERS OR STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICES, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO IMMEDIATELY DEINSTALL AND CEASE USE OF THE SERVICES.
5.5. IN NO EVENT SHALL REBTEL, ITS LICENSORS AND THE REBTEL DIRECTORS, OFFICERS OR STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES; AND (B) ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES.
5.6. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF; (A) ANY DISRUPTIONS OR DELAYS IN ANY COMMUNICATION WHEN USING THE SERVICES; (B) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY REBTEL FOR ANY REASON; AND (C) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE SOFTWARE TO YOU.
5.7. THE LIMITATIONS ON REBTEL'S LIABILITY TO YOU IN THIS SECTION 5 SHALL APPLY WHETHER OR NOT REBTEL AND ITS LICENSORS AND THE REBTEL DIRECTORS, OFFICERS OR STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.
5.8. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF REBTEL FOR (A) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF REBTEL AND ITS LICENSORS AND THE REBTEL DIRECTORS, OFFICERS OR STAFF (B) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
5.9. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited to the maximum extent possible by Applicable Law.
6. Miscellaneous
6.1. This Agreement constitutes the entire agreement and understanding between You and Rebtel concerning the use of the Services. This Agreement replaces and supersedes any prior verbal understandings, written communications or representations.
6.2. If any clause in this Agreement, or any part of a clause, is found by any court, regulatory or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the section (or the part) in question is not of a fundamental nature to the Agreement as a whole, the legality, validity and enforceability of the remainder of the Agreement (including the remainder of the section which contains the relevant provision) shall not be affected.
6.3. The failure to exercise, or delay in exercising, a right, power or remedy provided by this Agreement or by law shall not constitute a waiver of that right, power or remedy. If Rebtel waives a breach of any provision of this Agreement this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
6.4. You are not allowed to assign this Agreement or any rights hereunder. Rebtel is allowed at its sole discretion to assign this Agreement or any rights hereunder to any third party, without giving prior notice.
6.5. This Agreement shall be governed by and interpreted in accordance with the laws of Luxembourg and shall be subject to the jurisdiction of the courts of the district of Luxembourg.
6.6. The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
6.7. The terms of sections 1.6, 4 and 5 of this Agreement and any other provision which is expressed to survive or operate in the event of termination, shall survive termination of this Agreement.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO REBTEL THE RIGHTS SET FORTH HEREIN.
1. License
1.1. Subject to the terms of this agreement (as amended, changed or varied from time to time, this "Agreement"), Rebtel Services S.a.r.l. and its group companies and affiliates (collectively "Rebtel" or "we") hereby grants you, the end user of the software ("You" or when applicable "Your") provided by Rebtel (the "Software"), a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to use the Software on such devices as Rebtel in it sole discretion decided to make the Software available on, from time to time, for the sole purpose of personally using the communication and other applications provided by Rebtel. The Software, the Rebtel Website and the service provided by Rebtel from time (collectively the "Services").
1.2. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant any rights to third parties with regard to the Software or any part thereof.
1.3. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software.
1.4. You acknowledge and agree that Rebtel (or Rebel's licensors) own all legal right, title and interest in and to the Software, including any present and future rights in patents, trade marks, designs, trade or business names, domain names, copyright (including rights in computer software), database rights, topography rights, rights in know-how, trade secrets and any other intellectual property right or right of a similar nature anywhere in the world, whether registered or unregistered which relates to the Software (collectively "IP-Rights").
1.5. You agree that You will not remove, obscure, or alter any notices or indications of the IP-Rights and/or Rebtel's rights and ownership thereof.
2. Content and use of the Services
2.1. The content of the communication spread by the use of the Software is entirely the responsibility of the person from whom such data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images and/or any type of information or communications (collectively "Content") originated.
2.2. You agree that you are solely responsible for (and that Rebtel has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Rebtel may suffer) by doing so.
2.3. You agree that You shall not Use any Content that is subject to any third party IP-Rights, unless you have a licence or specific permission from the owner to use such third IP-Rights, and to grant Rebtel the licence set out in paragraph 2.4 below.
2.4. You hereby grant to Rebtel a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable and transferable licence to: (a) reproduce, modify and publish any Content that you use on the publicly accessible areas of Rebtel's website www.rebtel.com (together with all other domains and website(s) used by Rebtel (the "Rebtel Website") for the purpose of displaying and distributing such Content on the Rebtel Website for such time as You continue to Use such Content on the Rebtel Website; and (b) distribute and/or display through the Software any Content that You provide or make available using the Software for the purposes of making the Software and the Products available to You.
2.5. Rebtel reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Services. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
2.6. The Software may utilise the processor and bandwidth of the computer or other applicable device You are utilising, for the purpose of facilitating the communication between users of the Software. Rebtel will use commercially reasonable endeavours to protect the privacy and integrity of the computer resources or other applicable device You are utilising and of Your communication, however Rebtel gives no warranties whatsoever in this regard.
2.7. Rebtel, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Software. Rebtel has no obligation to make available to You any subsequent versions of the Software or updates for the Softaware. Further Rebtel has no obligation to support or service the Software. From time to time the Software may download and install updates automatically. You agree to receive such updates in order to continue using the Software.
2.8. Rebtel may, in its sole discretion and to the maximum extent permitted by all applicable governing laws, statutes, ordinances and regulations ("Applicable Law") within Your jurisdiction, modify or discontinue or suspend Your ability to use any version of the Software, and/or disable any Software You may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where You, at Rebtel's discretion, are in breach of this Agreement, or in Rebtel's reasonable opinion is using the Services in a way that is fraudulent, immoral or illegal activities or could damage, cause disreputation to or incur liability for Rebtel.
2.9. The Software is not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, security or alarm services, medical care unit or any other kind of similar services (collectively "Emergency Services"). You acknowledge and agree that Rebtel is not required to offer access to Emergency Services under any Applicable Law.
2.10. You agree and understand that You can only use the Software for lawful purposes. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for You; (b) use software or any other codes or instructions that are designed to distort, delete, damage or disassemble the Software or the communication provided by it; (c) send any unsolicited communication not explicitly permitted by Applicable Law (d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way; (e) use the Software to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or (f) use, with or in connection with the Service, any material or content that is subject to any third party rights, unless you have a licence or permission from the owner of such rights. Further, you agree that you will be solely responsible to Rebtel for all activities that occur in relation to your use of the Services.
2.11. You agree that Rebtel may collect and use technical data and related information, including but not limited to technical information about Your computer or other applicable device using the Software, and peripherals, that is gathered periodically to facilitate the provision of Software updates, product support and other services to You (if any) related to the Services. Rebtel may use this information, as long as it is in a form that does not personally identify You, to improve the Services or to provide other services or technologies to You
3. Use and Security
3.1. You agree and understand that you are responsible for maintaining the confidentiality of passwords and other personal information associated with Your use of the Services.
3.2. You represent and warrant that You are authorised to enter into and comply with this Agreement. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations under this Agreement, as well as any Applicable Law that may apply to Your use of the Services and any end-user, end-use and destination restrictions issued by any national governments.
3.3. You agree to indemnify, defend and hold Rebtel and its officers, directors and staff harmless from an against any and all liability and cost in connection with or arising out of your (a) violation or breach of this Agreement or Applicable Law; (b) violations of any rights of any third party; or (c) use of the Services.
4. Term, Termination, Updates
4.1. This Agreement will be effective as the earlier of the date on which this Agreement is entered into by clicking on the [ACCEPT button] upon installation or use of the Software by You ("Effective Date") and will remain effective until terminated by either Rebtel or You as set out below.
4.2. You may terminate this Agreement with immediate effect at any time after giving written notice to Rebtel. Without limiting other remedies, Rebtel may limit, suspend, or terminate this license and Your use of the Software, prohibit access to the Rebtel Website and delete Your account and/or personal information, with immediate effect, automatically and without recourse to the courts or any other authorities, if Rebtel in its reasonable opinion believe that You are in breach of this Agreement, creating problems, legal liabilities (actual or potential), infringing IP-Rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. Rebtel shall effect such termination by providing notice to You to the e-mail address, phone numbers or address You have provided, and/or by preventing Your access to the Services. We reserve the right to cancel accounts that have been inactive for more than twelve months.
4.3. Upon termination of this Agreement: (a) all licenses and rights to use the Software shall immediately terminate; (b) You will immediately cease any and all use of the Software; and (c) You will immediately expunge the Software from all hard drives, networks and other storage media and destroy all copies of the Software in Your possession or under Your control.
4.4. Rebtel reserves the right to change this Agreement at any time by publishing the revised Agreement on the Rebtel Website. The revised Agreement shall become effective within fifteen (15) days of such publication, unless You expressly accept the revised Agreement by using the Services. Your express acceptance or Your continued use of the Services after expiry of the notice period of fifteen (15) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. You can find the latest version of this Agreement at the Rebtel Website.
5. Disclaimer of Warranties and Limitation of Liability
5.1. THE SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER; REBTEL DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. REBTEL FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES REBTEL WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SERVICES.
5.2. REBTEL DOES NOT PROVIDE CONNECTIONS TO EMERGENCY SERVICES (AS DEFINED ABOVE) VIA THE SERVICES. REBTEL SHALL NOT BE LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSS HAS BEEN NOTIFIED TO REBTEL) FOR ANY CLAIM, DAMAGE, OR LOSS, ARISING FROM OR RELATING TO: (A) YOUR INABILITY TO USE THE SERVICES TO CONTACT EMERGENCY SERVICES, OR (B) YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS CONNECT TO EMERGENCY SERVICES.
5.3. You acknowledge and agree that the entire risk arising out of Your use of the Services remains with You, to the maximum extent permitted by law.
5.4. The Software is being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT REBTEL AND ITS LICENSORS AND THE REBTEL DIRECTORS, OFFICERS OR STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICES, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO IMMEDIATELY DEINSTALL AND CEASE USE OF THE SERVICES.
5.5. IN NO EVENT SHALL REBTEL, ITS LICENSORS AND THE REBTEL DIRECTORS, OFFICERS OR STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES; AND (B) ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES.
5.6. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF; (A) ANY DISRUPTIONS OR DELAYS IN ANY COMMUNICATION WHEN USING THE SERVICES; (B) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY REBTEL FOR ANY REASON; AND (C) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE SOFTWARE TO YOU.
5.7. THE LIMITATIONS ON REBTEL'S LIABILITY TO YOU IN THIS SECTION 5 SHALL APPLY WHETHER OR NOT REBTEL AND ITS LICENSORS AND THE REBTEL DIRECTORS, OFFICERS OR STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.
5.8. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF REBTEL FOR (A) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF REBTEL AND ITS LICENSORS AND THE REBTEL DIRECTORS, OFFICERS OR STAFF (B) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
5.9. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited to the maximum extent possible by Applicable Law.
6. Miscellaneous
6.1. This Agreement constitutes the entire agreement and understanding between You and Rebtel concerning the use of the Services. This Agreement replaces and supersedes any prior verbal understandings, written communications or representations.
6.2. If any clause in this Agreement, or any part of a clause, is found by any court, regulatory or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the section (or the part) in question is not of a fundamental nature to the Agreement as a whole, the legality, validity and enforceability of the remainder of the Agreement (including the remainder of the section which contains the relevant provision) shall not be affected.
6.3. The failure to exercise, or delay in exercising, a right, power or remedy provided by this Agreement or by law shall not constitute a waiver of that right, power or remedy. If Rebtel waives a breach of any provision of this Agreement this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
6.4. You are not allowed to assign this Agreement or any rights hereunder. Rebtel is allowed at its sole discretion to assign this Agreement or any rights hereunder to any third party, without giving prior notice.
6.5. This Agreement shall be governed by and interpreted in accordance with the laws of Luxembourg and shall be subject to the jurisdiction of the courts of the district of Luxembourg.
6.6. The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
6.7. The terms of sections 1.6, 4 and 5 of this Agreement and any other provision which is expressed to survive or operate in the event of termination, shall survive termination of this Agreement.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO REBTEL THE RIGHTS SET FORTH HEREIN.
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