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Terms & Conditions

End User License Agreement

NOTICE TO USER:  PLEASE READ THIS CONTRACT CAREFULLY.

1-BINDING AGREEMENT:
THIS END USER LICENCE AGREEMENT ("THIS AGREEMENT") CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN HOWDY COMMUNICATION LTD ( A DULY AUTHORISED COMPANY OF THE COMMONWEALTH OF THE BAHAMAS)/DB EDWARDS TRADING CORPORATION, TOGETHER WITH ITS PERMITTED SUCCESSORS AND ASSIGNS ("HOWDY"/"iNTOUCH")AND YOU ("YOU AND YOUR")FOR THE NON EXCLUSVE USE OF THE HOWDY/iNTOUCH SOFT PHONE SOFTWARE ("THE SOFTWARE) THE HOWDY GLOBAL NETWORK OF COMPUTERS AND TELEPHONY DEVICES ("THE NETWORK") AND THE ONLINE IP TO IP, PHONE TO IP AND IP TO PHONE COMMUNICATION SERVICES ("THE SERVICES")
By using all or any portion of the Software, the Network or the Services you accept all the terms and conditions of this agreement and you agree that this License is enforceable in exactly the same way as any written agreement signed by you in person.
You acknowledge and agree that by clicking on the button labeled  "DOWNLOAD" or "I AGREE" or such similar links as may be designated by Howdy/iNTOUCH to download the Software to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding Agreement.
You acknowledge that your electronic submissions constitute your agreement and your intention to be bound by this Agreement.
You further agree to electronic delivery of notices, documents, records and other information relevant to this Agreement thereby waiving your rights to require an original signature or delivery of non-electronic records.
IF YOU DO NOT AGREE AND YOU DO NOT WISH TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT DOWNLOAD OR USE THIS SOFTWARE OR THE SERVICES.

2-Right to Modify Agreement:
Howdy/iNTOUCH further reserves the right to modify this Agreement at any time by posting such modification on the Howdy/iNTOUCH website at www.howdyphone.com / www.intouch.com.ph and such modification shall be deemed effective immediately upon posting of the modified Agreement. Your continued usage of the Services shall be deemed to constitute your acceptance of the modified Agreement. We recommend that you visit this page on a regular basis to review the Terms and Conditions of this Agreement.  
3-Software License Grant:

Subject to your compliance with the terms and conditions of this Agreement, Howdy/iNTOUCH hereby grants you a personal, non-exclusive license to download and use the Software, including any future fixes and upgrades offered to you by Howdy/iNTOUCH. The Software may only be used in connection with the Network and the Services.

4-Licence Restrictions:
You are not allowed to rent, lease, and sublicense, sell or assign your rights to the Software or the Services (including your unique Howdy/iNTOUCH phone number) to any third party(s) or authorize all or any portion of the Software to be copied onto another user's computer.
You are not allowed to collect any information about the Network or users of the Software or Services by monitoring or intercepting any process of the Software, the services or the Network.
You are not allowed to use the online edirectory to make unsolicited calls to other users.
You are not allowed to use any type of process, device, codes or instructions that are designed to gain unauthorized access to the Software, the Services or the Network.
You are not allowed to use the Software or Services in a way that infringes any third party's intellectual property or other proprietary right or is threatening, obscene or in any way harmful or illegal.
Your unique Howdy/iNTOUCH number remains at all times the property of Howdy/iNTOUCH and may be subject to change without notice.

5-No Modification of the Software:
You may not alter or modify the Software.  You are not authorized to integrate or use the Software with any other software. You may not reverse engineer, decompile or disassemble the Software or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law.

6-Intellectual Property Rights:
The Software is the intellectual property of and is owned by Howdy/iNTOUCH and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Howdy/iNTOUCH and its suppliers. The Software is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You may not copy the Software, except as set forth in Section 3 ("Software License"). 
Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted herein are reserved by Howdy/iNTOUCH.

7-Trademarks:
Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give you any rights of ownership in that trademark.

8-Updates:
If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use the Update and you acknowledge that any obligation Howdy/iNTOUCH may have to support the previous version of the Software may be ended upon availability of the Update.

9-Confidentiality and Account Security:
You are responsible for maintaining the confidentiality and security of your Howdy/iNTOUCH account and pin number and you accept responsibility for any and all activities that occur under your account.  You agree Howdy/iNTOUCH is not responsible for any lost or stolen pin numbers, prepaid vouchers or cards nor any unauthorized use or any other breach of security. You agree to notify Howdy/iNTOUCH immediately of any unauthorized use or any other breach of security.

10-Permission Granted by You:
The Howdy/iNTOUCH Soft phone Software is designed to utilize the processor, database and bandwidth of your computer for the sole purpose of enabling online calling services.
By downloading the Software to your computer you are agreeing to grant permission to Howdy/iNTOUCH to utilize your processor and bandwidth for the exclusive purpose of effecting your on line telephony services.

11-Charges and Payment:
You shall be deemed to authorize any charges incurred from the use of your Howdy/iNTOUCH account. You agree to pay your designated Howdy/iNTOUCH Distributor for any charges due and payable arising from the use of your Howdy/iNTOUCH account. 
You continue to be responsible to Howdy/iNTOUCH or it's authorized Agent(s) for any charges resulting from the use of your Howdy/iNTOUCH account after your charge or credit card has been terminated, or after you revoke your authorization to bill your account, which charges will be payable immediately to Howdy/iNTOUCH or it's authorized Agent(s).
Your Howdy/iNTOUCH account is not transferable or assignable in any way. All charges incurred through use of your Howdy/iNTOUCH account and debited to your credit card account are subject to the credit card finance charges appearing on your account statement, in accordance with the terms and conditions of your credit card agreement.
Charges for the Services you subscribe to will be rated and charged by Howdy/iNTOUCH or it's authorized Agent(s) in the currency provided for your designated country in the Howdy/iNTOUCH rate table on the Howdy/iNTOUCH website. IDD calls will be charged at a flat rate per minute as provided in the Howdy/iNTOUCH rate table. IDD call rates are calculated at sixty second increments.
The amount debited will include any applicable taxes, and will be shown in the currency provided for in your charge or credit card agreement. 
All rates are subject to change without prior notice. We strongly advise you to visit the Howdy/iNTOUCH website and check the rates on a regular basis.

12-Termination:

Either party may terminate this Agreement at any time without cause or reason by providing notice to the other. The account will be automatically terminated following any period of inactivity exceeding six (6) months.

The "Free Sign-Up" arrangement is for you to try out our software for a period of seven (7) days, by which time you shall be asked to subscribe to any one of our service plans for continued usage of the software. The "Pay as you go" scheme is applicable only for the seven (7) day trial period and it is understood that you need to subscribe to our service plans in order to continue to enjoy using our software.

Upon termination of this Agreement all licenses and rights to use the Software and the Services shall terminate and you must delete all copies of the software in your possession.

Your Howdy/iNTOUCH account holds no cash value or surrender value on termination and any residual credits shall be deemed to have expired on termination of the account

13-NO WARRANTY:
The Software is being delivered to you "AS IS" and Howdy Communication Ltd/DB Edwards Trading Corp. makes no warranty as to its use or performance.  Howdy/iNTOUCH and its suppliers do not and can not warrant the performance or results you may obtain by using the software.
Except for any warranty, condition, representation or term which can not or may not be excluded or limited by applicable law in your Jurisdiction, Howdy/iNTOUCH and its suppliers make no warranties (express or implied whether by statute, common law, custom, usage or otherwise) as to any matter including without limitation non infringement of third party rights, Integration, satisfactory quality, merchantability or fitness for any particular purpose.  
Furthermore Howdy/iNTOUCH does not represent or warrant that the Services will be available, accessible, uninterrupted or error-free or that the Services will operate without any packet loss or that the software or the Network are free of viruses or other harmful elements.

14-beta Software:
If the product you have received with this license is pre-commercial release or beta Software ("Pre-release Software"), then the following Section applies.  To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supercede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent final product from Howdy/iNTOUCH, and may contain bugs, errors and other problems that could cause system or other failures and data loss. 
Consequently, the Pre-release Software is provided to you "AS-IS", and Howdy/iNTOUCH disclaims any warranty or liability obligations to you of any kind. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, HOWDY'S/iNTOUCH's LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF TEN DOLLARS (U.S. $10) IN TOTAL. 
You agree that you may not and certify that you will not sublicense, lease, loan, rent, or transfer the Pre-release Software.
Upon receipt of a later publicly released commercial version of the Software, you agree to destroy all earlier Pre-release Software received from Howdy/iNTOUCH and to abide by the terms of the End User License Agreement for any such later versions of the Pre-release Software.

15-Limitation of Liability:
You agree that under no circumstances, including, but not limited to, negligence, shall Howdy/iNTOUCH, its Distributors, affiliates, directors, officers, employees, agents, service providers or other related parties be liable to you for any damages whatsoever (including without limitation direct, indirect, incidental or consequential damages including damages for loss of profits, business interruption, loss of or damage to programs, data files or information or any other pecuniary loss) arising out of the use of or inability to use or failure or errors arising out of the use of the Software, the Network or the Services even if Howdy/iNTOUCH has been advised of the possibility of such damages.
You further agree that Howdy/iNTOUCH shall not be liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.
If you are dissatisfied with the Software, the Network or the Services, your sole and exclusive remedy is to terminate the Agreement.
The liability of Howdy/iNTOUCH, its Distributors, affiliates, directors, officers, employees, agents, service providers or other related parties arising from misdelivery, non-delivery, or any other errors or omissions in the provision of the Services is limited to an amount equal to the charge for any such services.

16-You Indemnify Howdy:
In the event of a lawsuit arising out of your use of the Software, the Network or the Services as provided by Howdy/iNTOUCH its Distributors, affiliates, directors, officers, employees, agents, service providers or other related parties or arising out of your breach of these Terms and Condition, you agree at your cost to defend, indemnify and hold Howdy/iNTOUCH its Distributors, affiliates, directors, officers and employees, agents and related parties harmless from any claim, demand, or damage, including reasonable legal costs, asserted by any third party due to or arising out of your conduct or use of the Services.

17-You represent and warrant:
You represent and warrant as follows:
- That you possess the legal right and ability to enter into this Agreement and to comply with its terms.
- That you will use the Software, the Network and the Services for lawful purposes only and in accordance with this Agreement and all applicable laws in your Jurisdiction.
-That you will not attempt to disassemble, decompile, reverse engineer or hack the Software or the Network nor will you attempt any other use which is expressly forbidden under section four(4) of this agreement (License restrictions). 
-That you agree to cooperate with, law enforcement authorities in prosecuting users who have participated in such breaches.
-That you will provide true and accurate information as and when requested by Howdy/iNTOUCH.
-That you are not under the legal age limit for using internet based applications or services where and if such age limit exists in your Jurisdiction.
-That you will not transfer or export the Software to any country where the Software, the Network or the Services are prohibited by law.
-That you are not a citizen, or otherwise located within an embargoed country and that you are not otherwise prohibited under the applicable export laws from receiving the software.

18-Calling Emergency Services:
You acknowledge that the Software, the Network and the Services are not intended to support or carry emergency calls to any emergency services of any kind.
As such Howdy/iNTOUCH its Distributors, affiliates, directors, officers, employees, agents, service providers or other related parties shall not be held liable in any manner whatsoever for such calls.

19-Partial Invalidity Waiver:
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

20-Entire Agreement:
This is the entire agreement between Howdy/iNTOUCH and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.

21-Howdy /iNTOUCHmay Assign:
Howdy/iNTOUCH may at any time and at its sole discretion assign this Agreement to a successor, subsidiary or sister company, without giving prior notice.

22- Applicable Law:
Any dispute concerning the use of  the Software, the Network or the Services requiring judicial resolution shall be determined in the Courts of the Commonwealth of the Bahamas under the laws of the Commonwealth of the Bahamas. The terms of use shall be governed by and construed in accordance with the laws of the Commonwealth of the Bahamas. You agree to submit to the exclusive jurisdiction of the courts located in the Commonwealth of the Bahamas and you expressly waive all defenses to jurisdiction.

23-YOUR ACCEPTANCE:
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THEM.

I understand and agree with the Terms and Conditions above.

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