License

The EMOZE end user software application known as the “Soccer Updater” (the "Application") is being licensed to you on a limited, temporary, revocable, non-exclusive and non-transferable basis by EMOZE LTD., with charge, and is provided to you on an "AS IS" basis, for your private personal use only, and only for lawful purposes, subject to the terms and conditions of this End User License Agreement (the "EULA"). Installing the Application and for as long as you pay the applicable one-time license fee, allows you to receive real-time soccer information, data and content from third parties, by using EMOZE’s push-email-technology directly to your handset mobile device as described in the EMOZE Website. By using the Application, or any part thereof, you agree and acknowledge that any content, data and information transferred during such use, are generally available and freely accessible to Internet users and the public, unless explicitly stated otherwise.

Registration (through the EMOZE Website) and/or installation and/or using the Application are considered as an acceptance of this EULA. The Application may be used and installed only on a single stand-alone personal computer or a personal handset wireless device. By accepting the terms of this EULA you agree that EMOZE is permitted to limit, deny, create different priorities for different users, update or cancel some or all of the functionality of the Application at any time, without prior notice. EMOZE also may suspend or terminate any license hereunder and disable any Application you may already have accessed or installed without prior notice at any time with immediate effect and without recourse to the courts.

Please read this EULA carefully, thoroughly an in full before registering, installing and using the Application. A copy of this EULA may be printed and retained.

Versions of the Application

EMOZE, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Application. You acknowledge and agree that EMOZE has no obligation to make available to you any subsequent versions of the Application. You also agree that you may have to enter into a renewed version of this EULA, in the event you want to download, install or use a new version of the Application. Furthermore, you acknowledge and agree that EMOZE, in its sole discretion, may modify or discontinue or suspend your ability to use any version of the Application, or terminate any license hereunder, at any time, with immediate effect and without recourse to the courts.

License Fee

The features of the Application are published on the EMOZE Website. The Application is licensed for a one-time fee to be determined from time to time by EMOZE. If you select to download the Application and pay the applicable one-time license fee, your license to use the Application will continue, subject to the terms of this EULA. You acknowledge that the payment of the one-time license fee is to be made in advance. The license fee and payment terms are published at the EMOZE Website. EMOZE may at any time alter the license fee and payment terms by publishing them in EMOZE Website and effective as the date of publish. The use of any other service(s) which may be offered or available by EMOZE or its affiliates is subject to additional terms and conditions published on the EMOZE Website. Any telephone or other communications charges incurred by you to access the Application are your responsibility. Since these charges are your responsibility, you should contact your local telephone company if you have a question about whether your access carries any long distance charges or other toll charges from your location.

License Key for the Application

You acknowledge that the Application contains a license key (the "License Key"). If you select to download the Application, and pay the applicable license fee for the Application, EMOZE will provide you a License Key for installation of the Application which will enable you to use the Application during the term of your license. You agree not to purchase any License Key or similar computer code for the Application from any source other than EMOZE or EMOZE authorized partners (as published at the EMOZE Website).

Representations & Warranties

You represent and warrant that you have the adequate legal capacity to enter into this EULA. You further represent and warrant that you will use the Application only for lawful purposes and in accordance with this EULA, and that you will not use the Application to violate any law, regulation or ordinance or any right of EMOZE or any third party, including, without limitation, any right of privacy, publicity, copyright, patent, trademark or otherwise. You further represent and warrant that you are of legal age to form a binding contract.

Functionality

The Application or any part thereof, including without limitation, any version of the Application installed on your personal computer or your personal handset mobile device, any access to the Application and the availability and functionality of any feature and function of the Application, may be changed, updated, added to, limited or terminated, at any time, temporarily or permanently, without notice, for any reason or no reason by EMOZE in its sole discretion ("Functionality Transformation"). For the avoidance of doubt, a Functionality Transformation may be done to the Application already installed on your computer or on your personal handset mobile device. EMOZE may elect to, but is not obligated to, introduce or grant different grades of service, different levels of access or no access at all and different priorities to different users or to different functions, or to users of different versions of the Application, or introduce and add new features in the current or in future versions of the Application, including in Application already installed on your computer or on your personal handset mobile device, that may cause functionality change, limitation or termination of, or addition to, the functionality of features in earlier versions still in use, including functionality changes in privacy and security features ("Different Services"), at any time without notice, at its sole discretion. You agree to bear the risks of and hold EMOZE harmless for any and all effects that the Functionality Transformation and the Different Services may have on you and your ability to use the Application, in whole or in part.

Restrictions and Limitations on Use

You agree not to (i) create or use any Application other than the Application provided by EMOZE hereunder, to enter your EMOZE number and password/License Key or to access the Application without the express written authorization of EMOZE; (ii) extract information from the Application, reverse engineer, decompile, disassemble, alter, make copies, translate, create derivative works from, allow the use, distribute ,rent, transfer or provide others with the Application (either for consideration or not), or any information available on, derived or extracted from the Application, or any part thereof; (iii) block, disable or otherwise affect any advertisement, links to other sites and services, or other features that constitute an integral part of the Application; (iv) connect, use, attempt to connect or use in any way the Application, for any commercial purpose and any other purpose that is not for your private personal use in good faith and as explicitly offered on the EMOZE Website; and (v) incorporate, integrate or otherwise include the Application or any portion thereof into any other application, program or product. You further agree to abide by all laws and regulations in effect regarding your use of the Application, and you agree to indemnify EMOZE, its officers, agents, employees, directors, staff and affiliates, for any damages incurred as a result of a violation of this section. In addition, you may not authorize or assist any third party to do any of the things described in this section.

Intellectually Property

EMOZE (or it licensors, if applicable) shall always remain the owner all intellectual property in the Application and in the proprietary EMOZE databases. You acknowledge and agree that the Application and other written and/or electronic materials that relate to the Application, including any derivatives, trademarks (whether registered or not), trade names, trade secrets, logos or any other copyrighted material embodied in the Application, are EMOZE’s exclusive property protected under patents, patent applications, copyright laws and intellectual property treaties. This EULA does not convey an interest in or to the Application, but only a limited right of use revocable in accordance with the terms of this EULA. Nothing in this Agreement constitutes a waiver of EMOZE’s intellectual property rights under any law.

The Application may contain or link to content provided by third parties or third party websites. All title and intellectual property rights in and to any content which may be accessed through the Application, and is not otherwise owned by EMOZE, is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. EMOZE owns a copyright in the selection, coordination, arrangement and enhancement of such content. This EULA grants you no rights to use such content.

You may not modify, publish, transmit, display, participate in the transfer or sale of, create derivative works or in any way exploit the content available on or through the Application, or any portion of it. You may not copy, redistribute, publish, display or commercially exploit any material available on or through the Application, without the express permission of EMOZE. No portion of the content available on or through the Application may be stored in a computer or a mobile device except for personal and non-commercial use.

The Application and other EMOZE products or services referenced herein are trademarks and/or service marks of EMOZE. Other products and companies' names or marks may be the trademarks or service marks of their respective owners. No license is granted to you in this EULA, either expressly or implicitly, to use any trademark, service mark, names, or logos of EMOZE.

Monitoring

Unless produced by EMOZE, the information you access or receive by using the Application, and information sent to you, is not controlled, verified or endorsed by EMOZE in any way. EMOZE has the right, but not the obligation, to monitor such content available on or through the Application, to determine compliance with the EMOZE Terms of Service and any other operating rules that may be established by EMOZE from time to time. EMOZE may erase, remove, delete, delay, jam or alter any or all of such information without prior notice, for functional or any other reasons

Data Connection Services

You acknowledge that you shall be solely responsible to acquire data connection services or any other services necessary for using the Application. You and you alone shall bear any and all expenses related to the data connection services including, without limitations, payments to mobile operators and/or any other vendors.

Third Party Software and Networks

To the extent that the Application contains any software provided by any third parties (“Third Party Software”), such Third Party’s Software shall be subject to the terms and conditions set forth in the agreements contained/attached and/or applicable to such Third Party Software. In addition, you may be subject to additional limitations by the software producers. The Application contain functionalities and services that allow receiving content, information and data (including real time information and data), which may be relayed or carried through public, partners', third parties' or other networks, databases, systems, servers, websites or applications (e.g. telephone and cellular networks, e-mail servers) ("Third Parties' Networks"). The Third Parties' Networks are not controlled by EMOZE in any way and EMOZE shall not be responsible for the performance, availability, functionality, quality, or reliability of any of the Third Parties' Networks or the information received through the Third Parties' Networks. EMOZE does not endorse any service or product that may be offered by any third party advertising through the Application.

Disclaimer

THE APPLICATION IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. EMOZE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE APPLICATION WILL MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMOZE, ITS LICENSORS AND ITS SUPPLIERS PROVIDE TO YOU THE APPLICATION, AND ANY CONTENT, DATA OR INFORMATION ASSOCIATED THEREWITH, AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE APPLICATION ("SUPPORT SERVICES") WITH ALL FAULTS; EMOZE, ITS LICENSORS AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE APPLICATION AND SUPPORT SERVICES ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) REPRESENTATIONS, WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, LACK OF VIRUSES, ACCURACY, TIMELY DELIVERY, RELIABILITY, QUALITY, VALIDITY, STABILITY, COMPLETENESS CORRECTNESS OR COMPLETENESS OF CONTENT, DATA AND INFORMATION (INCLUDING REAL-TIME CONTENT, AND RESPONSES) AND RESULTS (INCLUDING REAL-TIME RESULTS) PROVIDED ON OR THROUGH THE APPLICATION, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE APPLICATION AND ANY SUPPORT SERVICES REMAINS WITH YOU. EMOZE IS UNDER NO OBLIGATION TO PROVIDE YOU WITH UPDATES OR UPGRADES OF THE APPLICATION. EMOZE DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PROGRAM OR INFORMATION WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; (2) THAT THE INFORMATION AVAILABLE ON OR THROUGH THE APPLICATION WILL NOT CONTAIN ADULT-ORIENTED MATERIAL, OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; (3) THAT THE APPLICATION AND THE FUNCTIONS OR SERVICES PERFORMED BY EMOZE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (4) THAT DEFECTS OR ERROR IN THE APPLICATION WILL BE CORRECTED.

Security and Confidentiality

Please note that the Application, is vulnerable and should be considered unsecured. By using the Application, you may be subject to various risks, including among others: exposure to objectionable material, including without limitation, contaminated files, unauthorized invasion of your privacy during, or as a result of, your use or another's use of the system, spoofing, eavesdropping, sniffing, spamming, breaking passwords, harassment, fraud, forgery, "imposturing", electronic trespassing, tampering, hacking, nuking, system contamination including without limitation use of viruses, worms and Trojan horses causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer or your handset wireless device. If you do not wish to be subjected to these risks, you are advised not to use the Application. You acknowledge that, as with most Internet / mobile device applications, there are certain risks associated with accepting or downloading files through EMOZE. Such risks include but are not limited to (i) damage to your computer or mobile handset device, (ii) damage to any data or files stored on your computer or on your mobile handset device.
The Application contains substantial trade secrets of EMOZE and you agree to take all reasonable steps at all times to protect and maintain any confidential information regarding EMOZE, its affiliates, the EMOZE staff, the Application and EMOZE IP Rights, strictly confidential.

Limited Liability

IN NO EVENT WILL EMOZE BE LIABLE TO ANY PARTY FOR (i) ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES AND DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA (AND THE LIKE) OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON THE APPLICATION, THE EMOZE WEBSITE AND SERVICES, THIRD PARTY SOFTWARE OR NETWORKS, EVEN IF EMOZE SHALL HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH LOSSES, (ii) ANY CLAIM ATTRIBUTABLE TO DELAYS, ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY DATA; (iii) FOR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART OF ANY INFORMATION, FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION; OR (iv) IF ANY INFORMATION INFECTS OR CONTAMINATES A USER'S SYSTEM OR INFORMATION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EMOZE 'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT WILL EMOZE'S LIABILITY WITH RESPECT TO THIS EULA EXCEED THE AMOUNT YOU PAID (IF YOU PAID) TO EMOZE FOR THE APPLICATION. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE EMOZE SERVICES, AND THE ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, VALIDITY AND QUALITY THEREOF OR OF ANY OTHER INFORMATION IS WITH THE USER. EMOZE WILL NOT ACCEPT ANY LIABILITY IN RELATION TO THE DIRECT OR INDIRECT DAMAGES CAUSED BY (i) THE RELEASE AND/OR THE ABSENCE OF RELEASE OF NEW VERSIONS OF THE APPLICATION AND (ii) BY THE SUSPENSION OR AMENDMENT OR TERMINATION OF THIS EULA BY EMOZE AND/OR BY YOU. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES RESULTING FROM ANY INFRINGEMENT OF ANY PROPRIETARY RIGHT.

Indemnification of EMOZE

You agree to indemnify, defend and hold EMOZE, its affiliates, its staff and anybody acting on its behalf, harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by said parties, in connection with or arising out of your (a) violation or breach of any term of this EULA or any applicable law, regulation, policy or guideline, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the Application, or (d) communication spread by means of the Application.

Miscellaneous

Headings

The headings and captions used in this EULA are inserted for convenience only and will not affect the meaning or interpretation of this EULA.

Notices

EMOZE may send (i) notices about your use of the Application, including any notices concerning violations of use, (ii) updates, and (iii) promotional information, to your cellular number or to an e-mail address provided by you on or through any of the Application. You acknowledge that the various notes, notices and warnings available on or through the Application, are provided as a convenience only. The inclusion of such does not constitute an obligation on EMOZE to provide such notes, notices and warnings.

Termination

EMOZE may at any time terminate this EULA (and the licenses hereunder), your EMOZE number (and License Key) or access to the Application, cancel, change, hold, de-list, introduce different options and features to different users, for any reason, including, without limitation, if it, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of this EULA or the EMOZE Terms of Service. EMOZE has no obligation to provide you a warning prior to termination of your use of the Application. Upon termination, you agree to destroy, or return to EMOZE, the Application and the documentation related thereto and all copies and portions thereof.

Rights and Remedies

You agree that this EULA is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this EULA (other than to each member of the group of companies of which EMOZE is a part shall be third party beneficiaries). You acknowledge that the Application contains proprietary and confidential information, and that disclosure of such information or misuse of the Application will give rise to irreparable injury to EMOZE, inadequately compensable in damages. Accordingly, EMOZE may seek and obtain injunctive relief against such disclosure or misuse or threatened such disclosure or misuse, in addition to any other legal remedies that may be available.

Assignment

EMOZE may transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under this EULA to any party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this EULA.

Amendment to EULA

EMOZE may change, at its sole discretion, from time to time, the Application and the EMOZE Terms of Service with or without a notification or a release of a new version. By continuing to use the Application, you signify your consent to the new Application or revised Terms of Service. Terms and conditions contained herein shall apply, mutatis mutandis, and with immediate effect to any modification, updates, upgrades, additional modules and software pertaining to the Application and/or the product you have purchased from EMOZE.

Survival
The provisions of this EULA addressing restrictions on use, disclaimers of representations and warranties, indemnity obligations, intellectual property, limitation on liability, and governing law shall survive the termination or expiration of this EULA, for whatever reason.

Governing Law and Jurisdiction

This EULA shall be governed by and construed in accordance with the laws of the United Kingdom, excluding its conflicts-of-law rules. Please note that your use of the Application, may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with EMOZE or relating in any way to your use of the Application resides in the courts of London.

Construction

If any part of this EULA is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any reference made in this EULA to "EMOZE" shall be deemed to have been made to EMOZE, LTD., its subsidiaries, successors, assignees and affiliates, as well as any company that controls EMOZE, LTD., directly or indirectly, and any other subsidiary of that controlling company.

Delays or Omissions

The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

Export Control

You agree to abide any applicable export control laws and not to export, re-export or otherwise transfer, by electronic transmission or otherwise, any content or Application subject to restrictions under such laws to a national destination prohibited under such laws or to any person to whom exports, re-exports or transfers are prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization.

EMOZE Terms of Service and EMOZE Privacy Policy

By using the Application, you acknowledge and agree bound by and subject to the provisions of the EMOZE Terms of Service and EMOZE Privacy Policy available on or through http://clients.emoze.com, as may be amended, without prior notice, from time to time. In case of contradiction between any provision of this EULA and any provision in any of the EMOZE Terms of Service, the provisions of this EULA shall prevail.

Entire Agreement

This EULA, together with EMOZE Terms of Service and EMOZE Privacy Policy, constitutes the entire agreement between the parties hereto and supersedes all prior agreements, understandings and arrangements, oral or written, between the parties hereto with respect to the subject matter hereof.

Translation

In the event of any inconsistency between any translated text and the original English text, the English text shall prevail.

*Important Notice: EMOZE has no commercial association with FIFA or with 2010 FIFA World Cup in South Africa.

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 APPLICATION, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO EMOZE THE RIGHTS SET FORTH HEREIN.

Copyright © 2009 EMOZE, LTD. ALL RIGHTS RESERVED