|Terms and Conditions
| PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE PROCEEDING. BY INSTALLING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU ARE NOT AUTHORIZED TO INSTALL OR USE THIS SOFTWARE.
Harbibi END USER LICENSE AGREEMENT
Harbibi ("Harbibi") hereby grants you a nonexclusive, limited, nontransferable license to download and use the accompanying client software product (the "SOFTWARE") for the purpose of making PC to Phone calls on your computer, subject to the following conditions. By installing the SOFTWARE you agree to the terms set forth herein and are deemed to have "signed" this LICENSE for all legal purposes.
You may: (i) copy the SOFTWARE for archival purposes, provided any copy must contain all of the original SOFTWARE's proprietary notices; (ii) install and use the SOFTWARE on any computer owned by you subject to the terms and conditions of this LICENSE; (iii) install and use the SOFTWARE on a network, provided that each person accessing the SOFTWARE through the network agrees to the terms of this LICENSE; and (iv) distribute the SOFTWARE according to the DISTRIBUTION section of this LICENSE.
You may not: (i) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the SOFTWARE; (ii) copy (except for archival purposes as set forth above), rent, lease, distribute, transfer or otherwise transfer rights to the SOFTWARE except for as set forth in the DISTRIBUTION section of this LICENSE; or (iii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the SOFTWARE.
This license does not grant you any right to any enhancement or update. Furthermore, this license does not grant you continued access to the SOFTWARE. However, you may have to install enhancements or upgrades provided by Harbibi from time to time for the continued access to Harbibi's Prepaid Services and Harbibi can, at any time in the future, stop providing this SOFTWARE or any enhancement or upgrade free of charge.
Installing the SOFTWARE provides you with the facilities to make PC to Phone calls, however you are required to purchase PINS belonging to Harbibi's PC to Phone services. Information on these services can be found at the website http://www.newharbibi.com.
The SOFTWARE is licensed, not sold. Title, ownership rights, and intellectual property rights in and to the SOFTWARE shall remain in Harbibi and its suppliers or licensors. The Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Harbibi's ownership of or rights with respect to the SOFTWARE. The SOFTWARE is protected by the intellectual property laws of the United States and Singapore and international intellectual property treaties. Title, ownership rights, and intellectual property rights in and to any software, data, or content accessed through the SOFTWARE is the property of the applicable owner and may be protected by applicable copyright or other law. This LICENSE gives you no rights to such software, data or content, except the limited license to use the SOFTWARE as described above.
Harbibi authorizes distribution of the SOFTWARE only in accordance with the following conditions: (i) this LICENSE accompany the SOFTWARE; (ii) all program files and related documentation files that compose the SOFTWARE package are not modified in any way and are distributed as a complete package, without exception; and (iii) the SOFTWARE not be sold or resold as part of some other inclusive package, nor included or distributed in any commercial software packaging offer, without prior written agreement from Harbibi.
Any information delivered to you through the use of the Harbibi's service, including hardware, software, driver and operating systems information and compliance information, may not be accurate or correct. Harbibi has not taken any steps to review the accuracy of such information and has not tested any of the applications or upgrades identified to you through the service. You have an obligation to determine whether any information delivered to you is true and correct, and Harbibi will not be liable for any damages arising from your failure to do so.
DISCLAIMER OF WARRANTY.
Since the SOFTWARE is provided free of charge, the SOFTWARE is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the SOFTWARE is borne by you. Harbibi does not warrant that the functions contained in the SOFTWARE will meet your requirements, or that the operation of the SOFTWARE will be uninterrupted or error-free, or that defects in the SOFTWARE will be corrected. Furthermore, Harbibi does not warrant or make any representations regarding the use or the results of the use of the SOFTWARE or related documentation in terms of their correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by Harbibi shall create a warranty or in any way increase the scope of this warranty. Should the SOFTWARE prove defective, you and not Harbibi assume the entire cost of any service and repair. In addition, software has inherent security limitations, and you must determine that this SOFTWARE as well as any other software which uses data generated by the SOFTWARE sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of the agreement. SOME COUNTRIES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRIES TO COUNTRIES OR BY JURISDICTION.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Harbibi OR ITS LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL Harbibi BE LIABLE FOR ANY DAMAGES, EVEN IF Harbibi SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
This LICENSE will terminate automatically if you fail to comply with the limitations described above. Harbibi reserves the right to alter and/or terminate this LICENSE and deny and/or prohibit individuals or corporations from using the SOFTWARE. Harbibi may terminate this LICENSE at any time by delivering notice to you and you may terminate this LICENSE at any time by destroying or erasing your copy of the SOFTWARE. Upon termination of this LICENSE, you agree to destroy or erase all copies of the SOFTWARE. In the event of termination, the TITLE, DISCLAIMER and LIMITATION OF LIABILITY sections of this LICENSE will survive.
None of the SOFTWARE or underlying information or technology may be downloaded or otherwise exported or reexported into any country in which Singapore has embargoed goods. By downloading or using the SOFTWARE, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
HIGH RISK ACTIVITIES.
The SOFTWARE is not fault-tolerant and is not designed, manufactured or intended for use in hazardous environments requiring fail-safe performance, such as in nuclear facilities, aircraft navigation or communications systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the SOFTWARE should lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, Harbibi specifically disclaims any express or implied warranty of fitness for High Risk Activities. You agree that Harbibi will not be liable for any claims or damages arising from the use of the SOFTWARE in such applications or High Risk Activities.
This LICENSE represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. Harbibi may make changes to this LICENSE from time to time by making such changes available on the Harbibi website at http://www.newharbibi.com. If any provision of this LICENSE is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This LICENSE shall be governed by and construed under Singapore law. No wavier of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Licensee may not transfer or assign this license to any third party without the prior written consent of Harbibi.
Fair Use Policy
Harbibi may charge you a cost-price based rate for any subsequent calls to one of the free destinations, terminate your account, or deny the use of the Harbibi service or features of it.
Harbibi may impose maintenances, connection/disconnection charges to the user or/and change any destination calling tariffs as and when deemed fit.
Harbibi may decide from time to time, charge user a standard rate, once he has exceed a certain amount of minutes on Promotional Rates.
1. It is important to Harbibi that all eligible Harbibi customers are able to access our Services. Accordingly, we have devised a Fair Use Policy which applies to:
(a) usage of Harbibi free calls
(b) usage of VoIP-In numbers
(c) usage of promotions; and
(d) any other promotions which are advertised by Harbibi as subject to the Fair Use Policy ("Fair Use Promotions").
2. We reserve the right to vary the terms of the Fair Use Policy from time to time.
3. Harbibi may rely on the Fair Use Policy where your:
(a) usage of Harbibi free calls;
(b) usage of your VoIP-In number
(c) participation in a Fair Use Promotion, is excessive or unreasonable, as defined below.
In the case of Harbibi free calls, there are restrictions on the maximum number of calls and the duration of the calls.
In the case of VoIP In numbers, applying for more than one number is excessive use
In the case of Fair Use Promotions, what is excessive use will either be advertised by Harbibi at the time of the relevant promotion or included in this Fair Use Policy prior to the commencement of the relevant promotion.
It is unreasonable use of Harbibi Services where your use of Harbibi Services is reasonably considered by Harbibi to be fraudulent or to adversely affect the Harbibi Network or other Harbibi customers' use of or access to a Harbibi Service or the Harbibi Network.
It is unreasonable use of the free calls is reasonably considered by Harbibi to be fraudulent or to adversely affect the Harbibi Network or other Harbibi customers' use of or access to a Harbibi Service or the Harbibi Network.
It is unreasonable use of the VoIP-In numbers where it is reasonably considered by Harbibi to be fraudulent or to adversely affect the Harbibi Network or other Harbibi customers' use of or access to a Harbibi Service or the Harbibi Network.
It is unreasonable use of a Fair Use Promotion where your participation in a Fair Use Promotion is reasonably considered by Harbibi to be fraudulent or to adversely affect the Harbibi network or another Harbibi customer's use of or access to a Harbibi service or the Harbibi network.
Among other things, "fraudulent use" includes resupplying a Harbibi Service without Harbibi's consent so that someone else may access or use Harbibi or take advantage of a Fair Use Promotion.
Created and produced by Harbibi.
14 July 2010
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