MONSOON MULTIMEDIA END USER LICENSE 

THIS END USER AGREEMENT (“EULA”) SETS OUT THE TERMS AND CONDITIONS FOR USING THE HAVA SOFTWARE AND IS A CONTRACT BETWEEN YOU AND MONSOON MULTIMEDIA, INC, (“MONSOON MULTIMEDIA”).  PLEASE READ THIS EULA CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE HAVA SOFTWARE OR TAKING ANY STEPS TO SET UP OR ACTIVATE YOUR HAVA.

In order to use your HAVA you will need to install HAVA Software onto your computer.  You are permitted to do this only if you accept all the terms and conditions of this EULA.        

BY CLICKING ON THE “I ACCEPT” BUTTON BELOW OR BY DOWNLOADING, INSTALLING OR USING THE HAVA SOFTWARE, YOU INDICATE THAT YOU UNDERSTAND AND ACCEPT ALL THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT ACCEPT OR AGREE TO THE TERMS OF THIS EULA, YOU ARE NOT AUTHORIZED TO USE ANY PART OF THE HAVA SOFTWARE AND YOU SHOULD PLEASE CLICK ON THE “I DO NOT ACCEPT” BUTTON.               

As these terms are used in this EULA, “Software” means any executable HAVA software or any accompanying documentation (“Documentation”) and “HAVA Software” includes any part of the Software or Documentation and includes any and all software embedded in the HAVA device including the BusyBox Program (as defined in Section 4), as well any software forming part of or residing on the HAVA server network which enables access to a HAVA for remote viewing over the internet.  Your rights relating to the BusyBox Program are referred to in Section 4.  Subject to Section 4, if there are any releases or any updates to the HAVA Software, your right to install or use those updates will be subject to your acceptance of such amendments or supplemental terms to this EULA as Monsoon Multimedia may consider appropriate (if any) having regard to the nature and function of the particular update.           

1.  License Grant

Subject to your compliance with the terms and conditions of this EULA and subject in particular to Sections 3 and 4 below, Monsoon Multimedia grants you a personal limited, non-exclusive, non-transferable license (without the right to sublicense) 

(a) to install and use the executable form of Software on computers or other compatible devices owned by or controlled by you, and otherwise to use HAVA Software solely for your personal non commercial use only in connection with a HAVA owned by you ("Authorized Use");

(b)  to use the Documentation in support of your Authorized Use; 

(c) to make one copy of the HAVA Software, in object code form only, solely for backup purposes, provided that all titles and trademark, copyright and restricted rights notices are reproduced on the copy.

Monsoon Multimedia reserves all rights in the HAVA Software not expressly granted to you under this Agreement.


2.  Restrictions

You recognize and agree that the HAVA Software including its structure, source code and the design and structure of modules or programs, constitute valuable trade secrets owned by Monsoon Multimedia or its licensors.  Subject to Section 4, you will not copy or use the HAVA Software except as expressly permitted by this EULA and, specifically, you will not

(a)  Transfer, sublicense, rent, lease, distribute or lend the HAVA Software to any third party or use it for any commercial use;

(b)  yourself or through any third party modify, reverse engineer, disassemble or decompile the HAVA Software in whole or part, except to the extent expressly permitted by applicable law, and then only after you have notified Monsoon Multimedia in writing of your intended activities;

(c)   make the functionality of the HAVA Software available to any other party by any means, without limitation including by uploading any part of the HAVA Software to a network or file sharing service or though any application services provider, service bureau or any other type of similar service. The HAVA Software may only be used in connection with your HAVA and may not be used to access another party’s HAVA.  Your administrator password, user password or HAVA ID may not be shared with anyone for the purpose of giving them access to your HAVA in any manner which is in not permitted by this EULA.  

3.  Ownership.

The HAVA Software is licensed not sold to you.  This means you have a right to use the HAVA Software but do not own it.  Monsoon Multimedia and its licensors retain all ownership of the HAVA Software and all intellectual property in the HAVA Software.  The HAVA Software is protected by United States laws and international treaties. The media on which the executable Software and the Documentation is recorded is owned by you.  You must not delete or in any way alter the copyright, trademark and other proprietary rights notices or markings appearing on any HAVA Software.  


4.  GNU General Public License 

HAVA Software includes certain software programs (and/or derivatives therefrom) which are governed under the terms of the GNU General Public License Version 2, including BusyBox (“BusyBox Program”).  Your use of any GPL derived code, including the BusyBox Program is excluded from the terms of this EULA and is expressly and exclusively subject to the terms of the GNU General Public License Version 2 (“GPL”).  A copy of the GPL is at www.gnu.org/licenses/old-licenses/gpl-2.0.txt.  You must please read the GPL to understand your rights to the BusyBox Program and other included GPL programs.  Nothing in this EULA is intended to or shall limit your rights to use BusyBox or other GPL programs under the GPL.  Except to the extent (a) applicable to the BusyBox Program or other GPL programs and inconsistent with the terms of the GPL, and/or (b) not permitted by applicable law, your use of HAVA Software shall be subject to the terms of this EULA.

5.  Term  

This EULA shall continue until terminated.  You may terminate this EULA at any time by destroying all copies of the Software and Documentation in your possession or control.  This EULA will automatically terminate without notice if you breach any term of this EULA. On termination of this EULA for whatever reason, you must promptly destroy all copies of the Software and Documentation in your possession or control and cease to use all Software and Documentation. 

6.  Limited Warranty

Monsoon Multimedia warrants to you that: (i) the media on which the Software is provided will be substantially free from defects in material and workmanship for 30 days after the date of your purchase of your HAVA and Software under normal use and that (ii) for 30 days following the date of purchase or download that the Software will perform substantially in accordance with the Documentation.  Monsoon Multimedia shall replace any defective media returned to Monsoon Multimedia a within the 30 day period under the warranty given in subparagraph (i) above. In the case of any Software returned under the warranty given in subparagraph (ii) above, Monsoon Multimedia shall at its option either correct the Software or replace the non-performing Software free of charge. The foregoing are your sole and exclusive remedies and Monsoon Multimedia’s sole and exclusive liabilities, for breach of warranty.  Monsoon Multimedia does not warrant that the HAVA Software will meet your requirements, that the operation of the HAVA Software will be error-free or uninterrupted, or that all HAVA Software errors will be corrected.  The limited warranties in this Section 6 shall not, in any event, apply to the extent that you have not properly used or installed the HAVA Software in accordance with the Documentation.  Monsoon Multimedia shall have no obligation hereunder for any HAVA Software that has been modified by you or any third party or any HAVA Software other than the then current release.
  
7.  Disclaimer	

The limited remedies set forth in Section 6 shall be your sole and exclusive remedies and Monsoon Multimedia’s sole and exclusive liabilities, for breach of warranty.  THE LIMITED WARRANTIES SET FORTH IN SECTION 6 ARE IN LIEU OF, AND MONSOON MULTIMEDIA  EXPRESSLY DISCLAIMS, ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MONSOON MULTIMEDIA OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. Some jurisdictions do not allow limitations on how long an implied warranty last, so the above limitation may not apply to you.  All warranties implied by statute are limited to the duration of the express warranty set forth above.		

8.  LIMITATION OF LIABILITY

(A)    NEITHER MONSOON MULTIMEDIA, NOR ITS LICENSORS OR SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF SNAPPYMULTIMEDIA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 
(B)  MONSOON MULTIMEDIA’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $500 OR THE AMOUNT PAID BY YOU FOR THE HAVA THAT CAUSED SUCH DAMAGE. 
(C)  (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. 
(D)  THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA. 

9.  Basis of Bargain 

The Limited Warranty, Disclaimer, and Limitation of Liability stated above are fundamental elements of the basis of the agreement between Monsoon Multimedia and you.  Monsoon Multimedia would not be able to provide HAVA on an economic basis without such limitations.  Such Limited Warranty and Disclaimer, and Limitation of Liability shall also be for the benefit of Monsoon Multimedia’s licensors.


10.  US Government Restricted Rights

This HAVA Software is provided with "RESTRICTED RIGHTS" applicable to private and public licenses alike.  Without limiting the foregoing, use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable.  Monsoon Multimedia, Inc, 1730 S. Amphlett Blvd, Suite 101, San Mateo, California 94402, USA.

11. General

This EULA shall be governed by the internal laws of the State of California, without giving effect to principles of conflict of laws.  You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in San Francisco County, California or the federal courts in the Northern District of California to resolve any disputes arising under this EULA.   The United Nations Convention on the International Sale of Goods will not apply to this EULA and is expressly excluded.
This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any communications, purchase order or other written notification or document issued by you in relation to the HAVA Software licensed hereunder shall be of no effect. The failure or delay of Monsoon Multimedia to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
No Monsoon Multimedia dealer, agent or employee is authorized to make any amendment to this EULA unless such amendment is in writing and signed by a duly authorized representative of Monsoon Multimedia.  
The limitations or exclusions of warranties, remedies or liability contained in this EULA shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.  
If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.

12. Support and Contact Information  

If you have any problems installing or using the HAVA Software, please go to http://www.myhava.com/support.html
for support information. 
All questions concerning this EULA should be directed to: info@monsoonmultimedia.com for attention of Legal.
HAVA, VBooster and other trademarks contained in the HAVA Software are trademarks or registered trademarks of Monsoon Multimedia, Inc, its affiliates in the United States and/or other countries. All other third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners.   You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the HAVA Software.   This EULA does not authorize you to use or its licensors' names or any of their respective trademarks. 
This version of EULA is current as of 21 November 2007.
IF YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THIS EULA AND WISH TO PROCEED WITH INSTALLING AND USING THE SOFTWARE, PLEASE CLICK ON THE “I ACCEPT THE TERMS OF THIS LICENSE” BUTTON BELOW.  IF YOU DO NOT AGREE, PLEASE CLICK THE “I DO NOT ACCEPT THE TERMS OF THIS LICENSE” BUTTON.   



 
Monsoon Multimedia EULAv2.1/08		Dated: 3 January 2008


