Wir verweisen auf die “Endbenutzer-Lizenzvertrag (End User License Agreements)” des Softwareherstellers J2X Technologies Inc.:

J2X Technologies Inc. End User License Agreement

IMPORTANT - READ CAREFULLY: This END USER LICENSE AGREEMENT
("Agreement") is a legal agreement between you (either an individual or an entity) and J2X Technologies Inc. ("J2X") and its successor entity or entities for the use of the Handheld Contact application offered by J2X and the object code version thereof, which includes, any updates, upgrades, revisions or new releases of the application and any associated media, sample code, materials or documentation, in physical or electronic form and any related services (the "Application"). Before using the Application please carefully review the terms and conditions set out below. By clicking on the "Yes" or "Agree" or "Submit" button during the Application purchase or installation process on your mobile device or By clicking on the "Yes" or "Agree" or "Submit"button our account creation at a J2X website, you acknowledge that you have read the terms and conditions of this Agreement, and that you understand and agree to be bound by the terms and conditions of this Agreement. If you do not agree to be bound by the terms and conditions of this Agreement, click on the "Back" button and you will not be able to download or use the Application in any manner whatsoever. J2X reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time in its sole discretion. If the Agreement is changed or modified, we will post the revised Agreement on handheldcontact.com. Any changes or modifications will be effective upon posting of the revised Agreement on the website and your access to and use of the Application following the posting of such changes or modifications will constitute your acceptance of the revised Agreement. Should you have any questions concerning this Agreement, please contact J2X at 86-88 Ardelt Ave., Kitchener-Waterloo, ON N2C 2C9. This Application is licensed not sold.

TERMS AND CONDITIONS

1. LICENSE GRANT AND LIMITATIONS. Subject to the terms and conditions of this Agreement, J2X grants to you a non-exclusive, non-transferable license to store, load, install, execute, display and use the Application for your sole and personal non-commercial use and benefit.

Restrictions. Except as expressly provided in this Agreement, and except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation, you may not:

(i) copy the Application or any component of the Application other then for your sole and personal use of using the Application;

(ii) alter, translate, adapt, modify, reverse engineer, decompile or disassemble the Application or any component of the Application; (i

ii) decrypt, extract or otherwise attempt to discover any source code, trade secrets or confidential information contained in the Application or any component of the Application; or

(iv) transfer, resell, sublicense, rent, lease, or lend the Application, in whole or in part or use the Application for any timesharing, outsourcing, rental or third party service bureau purposes, commercial or otherwise.

You acquire absolutely no rights or license to the Application other than the limited right to use the Application in accordance with the terms and conditions of this Agreement. J2X is not obligated to support or provide any updates, upgrades, revisions or new releases of the Application. However, J2X, in its sole discretion, may update, upgrade, revise or provide new releases of the Application from time to time and such update, upgrade, revision or new release of the Application shall be governed by the terms and conditions of this Agreement. To continue to use the Application you are required to install such updates, upgrades, revisions or new releases of the Application. J2X has the right to discontinue or terminate your use of the Application or to terminate this Agreement if you are not using the most current update, upgrade, revision or new release of the Application.

2. LINKED SITES. The Application may contain hypertext links to the websites or mobile internet sites of third parties. Such hypertext links should not be construed as J2X's express or implied endorsement of any linked website or an affiliation with their owners or operators. J2X cannot and does not warrant the quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for a particular purpose of any information, data, or services available on or through the Application, and J2X disclaims any opinions express on such websites.

3. VIRUSES. J2X cannot and does not guarantee or warrant that its website or the Application is compatible with your system or devices or that the Application will be free of viruses, disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing the safeguards to protect the security and integrity of your systems and devices. You are responsible for the costs of any service, repairs or connections which may be necessary to your systems and devices as a result of your use of the Application.

4. CONFORMANCE WITH LAW. You agree to use the Application for lawful purposes only and in a manner consistent with all applicable local, provincial, state, national or international laws, rules and regulations.

5. CONFIDENTIALITY. The Application embodies confidential information and valuable trade secrets of J2X and its licensors. You agree to maintain the confidentiality of all confidential and proprietary information of J2X and its business, including the Application, and will not release, disclose or divulge any such or proprietary confidential information. You will take all reasonable steps to ensure that confidential or proprietary information of J2X and its business is not disclosed or distributed in violation of the terms of this Agreement.

6. COPYRIGHT AND TRADE-MARKS. The Application is proprietary to J2X and its licensors. The Application is protected by copyright and other intellectual property laws. All rights, title and interest, including all copyright and other intellectual property rights in and to the Application, and any copies of the Application are owned by J2X or its licensors. All rights not expressly granted in this Agreement are reserved to J2X. Nothing in this Agreement shall be construed as a license to use any trade-mark, trade-name, design mark, logo, emblem or other distinctive mark, whether registered or not, of J2X or its licensors (collectively, the "Marks") and you acknowledge that you acquire no right, title or interest in or to any of the Marks and you shall not in any manner represent that you have any ownership interest in the Marks or dispute or contest for any reason whatsoever, directly or indirectly, the validity of the ownership of the Marks, nor directly or indirectly attempt to dilute the value of the goodwill attached to the Marks, nor counsel anyone to do any of the foregoing during or after the termination of this Agreement. You will not remove or change any trade-mark, copyright or other intellectual property notices contained in the Application or any component of the Application.

7. DISCLAIMER AND LIMITATION OF LIABILITY NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES RELATED THERETO ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. J2X AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY OR THAT THE APPLICATION OR ANY RELATED SERVICES ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES, ARE ACCURATE, OR ERROR FREE OR THAT ERRORS WILL BE CORRECTED OR THAT THE APPLICATION OR ANY RELATED SERVICES WILL OPERATE WITHOUT INTERRUPTION. THE USE OR PERFORMANCE OF THE APPLICATION AND ANY RELATED SERVICES IS AT YOUR OWN RISK.

8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL J2X OR ITS LICENSORS BE LIABLE FOR:

ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR INFORMATION (INCLUDING WITHOUT LIMITATION ANY LOST E-MAILS OR LOSS OF ANY CONTENT CONTAINED WITHIN E-MAILS), BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS ARISING OUT OF THIS AGREEMENT, THE USE OF THE APPLICATIONS OR RELATED SERVICES, THE ABILITY OR INABILITY OF THE APPLICATION OR RELATED SERVICES TO ACCESS OR BE USED TOGETHER OR WITH ANY OTHER APPLICATION OR ANY ELECTRONIC DEVICE, THE PROVISION OF OR FAILURE TO PROVIDE THE APPLICATION OR SERVICES, INCLUDING SUPPORT SERVICES FOR THE APPLICATION, EVEN IF J2X, AND ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,

IN ANY CASE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF J2X AND ITS LICENSORS ARISING IN ANY MANNER UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO $1.00. SOME JURISDICTIONS DO NOT ALLOW OR PLACE LIMITATIONS UPON THE EXCLUSION OR LIMITATION OF LIABILITY AND, ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9. SCOPE OF LIMITATION AND DISCLAIMER. THE FOREGOING LIMITATIONS AND DISCLAIMERS APPLY REGARDLESS OF THE CAUSES OR CIRCUMSTANCES GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS, STRICT LIABILITY, BREACH OF CONTRACT INCLUDING, WITHOUT LIMITATION, FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM, PRODUCT LIABILITY OR INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADE SECRET, TRADE-MARK OR OTHER INTELLECTUAL PROPERTY RIGHT.

10. TERM AND TERMINATION. This Agreement is effective from the date you click "Yes" or "Agree" or "Submit" and continues in full force and effect until terminated, as provided below. This Agreement will terminate immediately if you fail to comply with any term or condition of this Agreement. Upon any termination of this Agreement, you may no longer access or use the Application from your mobile device. Termination of this Agreement will not prevent J2X from pursuing any other remedies available to it, including injunctive relief. Upon termination you agree to destroy all copies of the Application and related documentation. The provisions of Sections 6, 7, 8, 9 and 10 of this Agreement will survive any termination of this Agreement.

11. OFFICIAL LANGUAGE. The official language of this Agreement is English. It is the express wish of the parties that this Agreement and any related documents be drawn up and executed in English. Il est la volonte expresse des parties que cette convention et tous les documents s'y rattachant soient rediges et signes en anglais.

12. EXPORT RESTRICTIONS. In additions to the restrictions set out in Section 1(b) of this Agreement, you agree that you will not, directly or indirectly, export or transmit the Application or related documentation and technical data to any country to which such export or transmission is restricted by any applicable law or regulation. You agree to indemnify, defend and hold harmless J2X, its officers, directors and employees, from and against any losses, damages and expenses (including lawyers' fees) arising out of or relating to any claims that you have, directly or indirectly, exported or transmitted the Application in violation of any applicable export restrictions.

13. COMMUNICATION. You grant J2X permission to contact you at the e-mail address associated with your Handheld Contact account to communicate service health updates, service information, and service promotions. You can opt-out by accessing the 'Unsubscribe' option located in the e-mail footer.

14. MISCELLANEOUS. This Agreement constitutes the entire Agreement between J2X and you. The invalidity or unenforceability of any provision of this Agreement or any covenant contained in this Agreement will not affect the validity or enforceability of any other provision or covenant contained in this Agreement and any such invalid or unenforceable provision or covenant will be deemed to be severable. This Agreement will be governed by, and construed in accordance with, the laws of Province of Ontario and the laws of Canada applicable therein and the parties irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario. You agree that this Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.