End-User License Agreement for Premiere Global Services Software

IMPORTANT - READ CAREFULLY: This Premiere Global Services End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Premiere Global Services for the Premiere Global Services software product being provided, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy or use the SOFTWARE PRODUCT.

  SOFTWARE PRODUCT LICENSE ________________________ The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. GRANT OF LICENSE. This EULA grants you the following rights: Software License. Premiere Global Services grants you the right to make and use as many copies of the SOFTWARE PRODUCT. You may also make copies of the SOFTWARE PRODUCT for backup and archival purposes. Distribution. You may not redistribute the SOFTWARE PRODUCT. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS ___________________________________________ Not for Resale Software. You may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT. Maintenance of Copyright Notices. You must not remove or alter any copyright notices on all copies of the SOFTWARE PRODUCT. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer. Rental. You may not rent, or lease the SOFTWARE PRODUCT. Performance or Benchmark Testing. You may not disclose the results of any benchmark test of the SOFTWARE PRODUCT to any third party without Premiere Global Services's prior written approval. Support Services. Premiere Global Services may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Premiere Global Services policies and programs described in the user manual, in "online" documentation, and/or in other Premiere Global Services provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Premiere Global Services as part of the Support Services, Premiere Global Services may use such information for its business purposes, including for product support and development. Premiere Global Services will not utilize such technical information in a form that personally identifies you. Termination. Your rights under this EULA terminate upon the termination of your Premiere Global Services EULA. Without prejudice to any other rights, Premiere Global Services may terminate this EULA if you fail to comply with the terms and conditions of this EULA, Premiere Global Services SPAM Policy and/or Premiere Global Services Privacy Policy. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts. UPGRADES ________ If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Premiere Global Services as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package. COPYRIGHT _________ All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Premiere Global Services or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Premiere Global Services. EXPORT RESTRICTIONS ___________________ You agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person, entity or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges. NO WARRANTIES _____________ Premiere Global Services expressly disclaims any warranty for the SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU. LIMITATION OF LIABILITY _______________________ In no event shall Premiere Global Services or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT, even if Premiere Global Services has been advised of the possibility of such damages. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. MISCELLANEOUS _____________ If you acquired this product in the United States, this EULA is governed by the laws of the State of Washington. If you acquired this product in Canada, this EULA is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario. If this product was acquired outside the United States, then local law may apply. Should you have any questions concerning this EULA, or if you desire to contact Premiere Global Services for any reason, please contact the Premiere Global Services subsidiary serving your country, or write: Premiere Global Services Sales, 100 Tormee Drive, Tinton Falls, NJ 07724. DEFINITION OF SPAM __________________ Spam is the term used on the Internet to describe unsolicited commercial e-mail messages. These messages are also commonly referred to as junk, bulk or unsolicited commercial e-mail (UCE). OUR POLICY TOWARD SPAM ______________________ Premiere Global Services prohibits the use of our system for spamming. We may, at our discretion, refuse to process any job which meets commonly accepted definitions of spam. We also reserve the right to terminate service or take other appropriate actions against customers who violate our policies. We require Premiere Global Services customers to only use lists of e-mail addresses containing recipients who have given explicit consent to receive e-mail from that customer. Also, customers must not use lists that have been obtained from public Internet forums or any other source, either by the Premiere Global Services customer or a third party. In addition to unsolicited messages, Premiere Global Services also prohibits the delivery of illegal material. All e-mail originating at Premiere Global Services is clearly identified as such, and no attempt is made to obscure or alter header information. Premiere Global Services does not allow outside hosts to relay mail. In addition, all e-mail originating at Premiere Global Services must contain the name and contact information of the customer. Premiere Global Services will strictly ensure the enforcement of this policy. ENFORCEMENT OF OUR POLICY _________________________ Premiere Global Services offers an automated blocking feature. If an Premiere Global Services customer sends you an unsolicited e-mail message, you need only reply to the offending message with the word "remove" (no quotes) at the beginning of the Subject: line. Premiere Global Services will block the offending customer from sending to your address via our service, and will send you one additional e-mail confirming the block. Instructions on how to do this are attached in plain language to every e-mail message transmitted via Premiere Global Services. Additionally, you can bring to the attention of abuse@xpedite.com any Premiere Global Services customer you believe has sent you e-mail that is unsolicited. Our Premiere Global Services abuse staff will investigate, take appropriate action and inform you of such. Our system blocks the address that the offending message was originally sent to insuring that the block of that specific customer will be effective, even in the case of aliasing or forwarding. At Premiere Global Services, we provide our customers with reports of recipients who have asked to be removed from that customer's lists. Although Premiere Global Services does not maintain lists, we provide these reports to our customers so that they can clean their lists. Premiere Global Services blocks delivery from that particular customer to such addresses in any case. If you wish to be blocked from receiving e-mail messages from ALL Premiere Global Services customers, we can do that too. To be blocked from ALL future e-mail messages from any Premiere Global Services customer, please send e-mail to customerservice@xpedite.com and ask for a "system block" of your address. Please be sure to include the address you wish blocked, to help avoid possible confusion with mail aliases or forwarding systems. PRIVACY STATEMENT _________________ Premiere Global Services recognizes and respects the importance of protecting individuals' privacy. To that end, we have adopted the principles set forth in this Privacy Policy ("Policy") to govern our use and disclosure of individuals' personally identifying information ("Personal Information"). Scope: This Policy applies to all Personal Information that Premiere Global Services collects or receives, whether manually or digitally processed. Our Services: Premiere Global Services provides high-volume and value-added electronic mail, facsimile and voice messaging services ("Services") for customers located around the globe. Our customers retain Premiere Global Services to transmit messages and provide information to their recipients ("Recipients"). In the course of those Services, we are provided by our customers with Personal Information relating to their Recipients. In all cases we simply act as agent for our customers and at their direction. At no time do we do anything other than format or transmit the content of the messages we are asked to send. Our Customer Service Agreement requires that our customers comply with all applicable personal-data privacy laws in compiling and providing us with the Recipient Personal Information. Through some of our value-added services we may collect Personal Information from Recipients. For example, with messageREACH®, we store attachments to messages provided to us by our customer on our server. When the Recipient decides to access the attachment, we are able to report back to our customer that this access has taken place. However, at all times we use any Personal Information we receive only for the purposes and at the direction of the customer associated with the respective Recipient. In addition to facsimile and electronic mail, we also offer voice messaging through our voiceREACH^SM service. With voiceREACH, we dial Recipients whose telephone numbers our customers have provided us, in order to deliver pre-recorded messages supplied by our customers. Premiere Global Services complies with all applicable laws governing the time of day of our voiceREACH calls. We also require our customers to provide appropriate identifying and contact information at the beginning or end of the message through which the Recipient may respond to have his or her number removed from the customer's list or obtain contact information for the customer. Where we collect Personal Information (such as the fact that a call was successfully completed, that a Recipient has requested to receive no further calls, or that the Recipient has a new number), we provide it only to the customer on whose behalf the call was made. Other Information Collection: You also may provide us with Personal Information when you contact us with a question or concern about this Policy or about our Services. If you choose to provide your Personal Information in this context, we will use it only to respond to your inquiry or otherwise as required by law. Transfer of Personal Information: As noted above, we utilize the Personal Information of Recipients only as directed by our customers in the performance of the Services. We do not disclose the Personal Information to third parties except to the specific customer with whom the Recipient is associated unless otherwise required by law. Access to Personal Information: Individuals seeking access to their Personal Information that we have received from a customer must contact the customer directly. Premiere Global Services requires messages to contain the name or contact information of the customer on whose behalf the message was sent. We also would be happy to provide that contact information to any interested Recipient upon request. Security: We utilize reasonable and appropriate protections to ensure that Personal Information in our care is not misused or accessed without authorization. Personal Information is stored on our own servers, with access restricted to those employees or contractors who have a need for such access to perform a legitimate business function relating to the Services or for maintenance, internal security or related issues. Moreover, we generate audit logs that record all access and use of Recipients' Personal Information stored in our databases. Any contractor whom we retain to provide services for us and who will have access to Personal Information must agree in writing to abide by the terms of this Policy. Data Integrity: We only use Personal Information that is necessary to perform the Services requested. Occasionally, a customer provides us with more Personal Information than is necessary for that purpose (for example, providing us with a name, street address and e-mail address, when only the name and e-mail address are necessary). In those cases, we identify and utilize only those data that are needed. The rest remain secure and unused until destroyed or returned to the customer. We also only store Personal Information when specifically requested to do so by a customer or as part of our ordinary back-up, archiving process. Archived files are secured as set forth in paragraph 8 above and are destroyed on a regular cycle. Review of Compliance: Premiere Global Services will review its compliance with this Policy on a periodic basis. Acquisition, Merger or Bankruptcy: In the event Premiere Global Services, its parent or any of its affiliates or subsidiaries is acquired by another entity, or merges with a third party, the successor entity will be bound to respect the provisions of this Policy with regard to any Personal Information in its possession prior to the acquisition or merger. In the event of bankruptcy, the provisions of applicable law will apply. Enforcement: Concerns regarding our adherence to this Policy should be raised first with our Privacy Compliance Officer, through the contact information provided below. European Union Safe Harbor Compliance Statement: European data-privacy laws protect Personal Information that is transferred from the European Union to the United States. The U.S. and E.U. have entered into a "Safe Harbor" that allows U.S. entities receiving Personal Information from the E.U. to satisfy those obligations. The provisions of this Policy satisfy the Safe Harbor Principles. Premiere Global Services has certified that compliance with the United States Department of Commerce. Because, as explained above, we simply use the Personal Information provided to us to deliver messages and provide related services for our customers, under the Safe Harbor our customers remain responsible for that Personal Information with respect to the individuals concerned. Any additional Personal Information we collect as a result of our Services is provided only to the customer for whom it is collected. Premiere Global Services's compliance with this Policy is subject to the ultimate authority of the United States Federal Trade Commission, to which complaints that are not adequately resolved through the procedure set forth in paragraph 12 above also may be directed. Do Not Call Policy: Premiere Global Services strives to maintain the highest standards of ethical conduct and is committed to complying with all federal and state telemarketing legislation. No employee or agent of Premiere Global Services shall engage in conduct that violates the terms of the Telephone Consumer Protection Act of 1991, applicable rules, or state telemarketing regulations. Our personnel are trained to comply with this policy. At your request, Premiere Global Services will be happy to place your telephone numbers on our Do Not Call List. We will note your request immediately, but it may take up to 30 days to remove your information from active lists. You can make your request by calling 866-849-3243, or by writing to us at: 100 Tormee Drive, Tinton Falls, NJ 07712. When you make a request be sure to include your name, address and all telephone numbers (phone and fax numbers, if applicable) you want to be included on our list. You'll remain on our "Do Not Call" List for 10 years, unless you ask to be removed. If your information changes, please notify us of the new name, address, and telephone number(s) in order to remain on the Do Not Call List. If you would like us to remove you from our Do Not Call List so you may receive telephone solicitations by Premiere Global Services or its customers, notify us by contacting Customer Service at the number indicated above. You may also send us correspondence by mail at the address indicated above. If your name, address or telephone number ever changes, you must give us your new information for your "Do Not Call" status to remain in effect. Corporate Privacy Officer: To contact our Corporate Privacy Officer when indicated by this Policy or to address questions regarding Premiere Global Services's privacy practices, please e-mail privacy@xpedite.com or call 1-800-966-3297.