GENERAL TERMS AND CONDITIONS FOR USE OF BEETAGG (October 2008)


1. DEFINITIONS

1.1 BeeTagg means the visual 2D Barcode, which has a honeycomb structure and points to a mobile URL.

1.2 Client means the software required to access the BeeTagg System through a 2D Barcode (QR Code, Datamatrix or BeeTagg Code).

1.3 Connvision means Connvision AG, registration number CH 170.3.028.446-0, having its registered office in Zug, Switzerland.

1.4 User means any person downloading a Client and/or using the BeeTagg System.

2. INTELLECTUAL PROPERTY RIGHTS ETC

2.1 Connvision is the owner of all intellectual property and other proprietary rights (including, but not limited to copyright, patent rights, trademark rights, designs) in and to the BeeTagg System, Client and created BeeTagg Codes.

2.2. Except as explicitly set out in this agreement, this agreement does not operate as an assignment of, grant of license of or transfer of any right to the BeeTagg System, Client or created BeeTagg Codes.

2.3 Except as explicitly set out in this agreement or stipulated by mandatory law, the User is not entitled to and shall not permit anyone else to use, copy, revise, alter, modify or in any other way use the BeeTagg System, Client or created BeeTagg Codes. Any copy, revision, alteration, modification etc made by the User is the intellectual property right of Connvision.

2.4 Labelling or information about existing patents, trademarks, copyright in programs or on medium on which the BeeTagg System, Client or created BeeTagg Codes are made available for the User, shall be retained by the User and may not be changed.

3. RIGHT TO USE THE BEETAGG SYSTEM ETC

3.1 By accepting the terms and conditions of this agreement and as long as the User fully complies with the terms and conditions of this agreement, the User is given the right to download Client into the mobile phone only for the purpose of getting access to the BeeTagg System.

3.2 By accepting the terms and conditions of this agreement and as long as the User fully complies with the terms and conditions of this agreement, the User is given the right to create own BeeTagg Codes.

3.3 The User is not entitled to sell, rent, lease, sublicense or otherwise transfer the BeeTagg System, Client or created BeeTagg Codes without prior written notice.

3.4 The right given to the User pursuant to this agreement is non-exclusive.

4. LIMITATION OF LIABILITY

4.1 DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, Connvision, its affiliates, licensors and distributors provide the BeeTagg System, Client and created BeeTagg Codes “as is” and hereby disclaim any and all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of lack of viruses, of lack of negligence, of fitness for a particular purpose or that the BeeTagg System, Client or created BeeTagg Codes meet the User’s requirements or expectations, that the BeeTagg System, Client or created BeeTagg Codes can be used together with or shall work as intended with the User’s equipment or lack of defects or damages. Without prejudice to the foregoing Connvision, its affiliates, licensors and distributors do not warrant that the use of the BeeTagg System, Client or created BeeTagg Codes will be uninterrupted or error free. The entire risk as to the quality of or arising out of use or performance of the BeeTagg System and Client as well as created BeeTagg Codes remains with the User.

4.2 Without prejudice to the foregoing Connvision, its affiliates, licensors and distributors do not warrant, and shall not be liable for, that third party software or hardware (if any) included in the BeeTagg System, Client or created BeeTagg Codes nor any other third party software or hardware (if any) whether provided by Connvision, its affiliates, licensors and distributors or otherwise is free from defects. Neither of Connvision, its affiliates, licensors or distributors shall be liable for any loss, damage or expense directly or indirectly attributable to such defects.

4.3 Without prejudice to the foregoing Connvision, its affiliates, licensors and distributors do not give any warranties, and shall not be liable for any updates, revisions, changes, copies or similar of the BeeTagg System, Client or created BeeTagg Codes that the User has made in breach of this agreement. In addition, Connvision, its affiliates, licensors and distributors do not warrant, and shall not be liable for, such copies, revisions or similar of the BeeTagg System or Client or copies thereof which the User has made by virtue of mandatory law.

4.4 Without prejudice to the foregoing Connvision, its affiliates, licensors and distributors shall not be liable whatsoever for any mobile phone costs or other costs incurred by the User directly or indirectly attrubutable to or associated with or in relation to the downloading of or use of or performance of the BeeTagg System, Client or created BeeTagg Codes.

4.5 Connvision, its affiliates, licensors and distributors shall be relieved from any sanction for any omission to fulfil its obligations under this agreement, if the omission is resulting from any circumstance beyond Connvision’s, its affiliates, licensors or distributors control and which prevents the fulfilment thereof, including, but not limited to, natural disaster, war, act of war, terrorist attacks, threats of terror, act or omission of any governmental authority, new or amended law, conflict on the labour market, interruption of transit, insufficient capacity with the supplier of communications or similar circumstances, and defects in or delays of services from sub-distributors due to such circumstances. As soon as the cause of the failure ceases, the obligation shall be fulfilled as agreed.

4.6 Neither of Connvision, its affiliates, licensors and distributors are obliged to provide any support or defect corrections in respect of the BeeTagg System, Client or created BeeTagg Codes.

5. PERSONAL DATA

The personal data and other information that Connvision, its affiliates, licensors and/or distributors receive under this agreement or through inquires etc. from the User, will be registered and treated by Connvision. The purpose of such treatment is that Connvision shall use the information to be able to fulfil the agreement with the User, offer the User a good service, use the information as basic data for statistics and market research regarding Connvision and/or its affiliates, licensors and/or distributors. At the request of the User, Connvision is obliged to correct or change incorrect personal data about the User. The User admits, by accepting this agreement, that Connvision may register and handle the User’s personal data.

6. ASSIGNMENT

Connvision shall have the right to, in whole or in parts, assign its rights and/or obligations under this agreement.

7. AMENDMENTS

Connvision has the right to amend these general terms and conditions by information notice on www.beetagg.com. Such notice shall be published on the homepage no later than two (2) months before the amendment will enter into force. Amendments due to circumstances not pertaining to Connvision or over which Connvision has no control, such as taxes and other charges, may be changed without such notice period.

8. APPLICABLE LAW

This agreement shall be governed by Swiss law.