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ESAFEKIDS END USER AGREEMENT

IMPORTANT: READ CAREFULLY BEFORE USING THE ESAFEKIDS DEVICE OR SERVICE.

This User Agreement ("Agreement") is between You (either an individual or an entity), the End User, and ADVISTA TECHNOLOGIES LLC ("eSafekids"). The Agreement authorizes you to use the device and/or service specified in Clause 1 below. This is an agreement on end user rights and not an agreement for sale.


By clicking on the "Buy Now" or "I Accept" button while using the service or purchasing the device, You agree to the terms and conditions of this Agreement. If You do not agree to all of the terms and conditions of this Agreement, promptly click on the "Decline" or "I Do Not Accept" button, stop the purchase or return the purchased device to ESafekids. YOU AGREE THAT YOUR USE OF THE ESAFEKIDS DEVICE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

1. DEVICE.
As used in this Agreement, the term "Device" means the eSafekids Internet Safety device and its web service.


2. END USER RIGHTS AND USE.
ESafekids grants to You a non-exclusive end user right to use this device on your home network.


3. LIMITATIONS ON END USER RIGHTS.

(a) You may not reverse engineer, reverse compile, disassemble or otherwise attempt to discover the source code of the Device (except to the extent that this restriction is expressly prohibited by law) or create derivative works based on the Device.

(b) You agree that You shall only use the Device in a manner that complies with all applicable laws in the jurisdiction in which You use the Device, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.

4. COPYRIGHT.
The Device and all rights, without limitation including proprietary rights therein, are owned by ESafekids and/or its licensors and affiliates and are protected by international treaty provisions and all other applicable national laws of the country in which it is being used. The structure, organization and code of the Device are the valuable trade secrets and confidential information of ESafekids and/or its licensors and affiliates. You must not copy the Device, except as set forth in clause 3 (Limitations On End User Rights

5. COMMENCEMENT & TERMINATION.
This Agreement is effective from the first date You install the Device. You may terminate this Agreement at any time by permanently destroying and returning, at your own costs, the Device, and all related materials provided by ESafekids. Your end user rights automatically and immediately terminate without notice from ESafekids if You fail to comply with any provision of this Agreement. In such event, You must immediately destroy or return at Your own cost, the Device, and all related material to ESafekids.

6. YOU ACKNOWLEDGE THAT THERE IS NO GUARANTEE BY ESAFEKIDS THAT THE FUNCTIONS CONTAINED IN THE DEVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE DEVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE DEVICE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT.

7. NO OTHER OBLIGATIONS.
This Agreement creates no obligations on the part of ESafekids other than as specifically set forth herein.

8. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ESAFEKIDS, ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE DEVICE, EVEN IF ESAFEKIDS OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, ESAFEKIDS, ITS EMPLOYEES OR LICENSORS OR AFFILIATES' LIABILITY SHALL BE LIMITED TO U.S. $50.

8. NOTICES.
All notices and return of the Device and Documentation should be delivered to:

eSafekids
5252 ORANGE AVE SUITE 106
CYPRESS,CA90630


9. APPLICABLE LAW & GENERAL PROVISIONS.

This Agreement is governed by the laws of United States. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified by a writing signed by an authorized officer of ESafekids, although ESafekids may vary the terms of this Agreement.

This is the entire agreement between ESafekids and You relating to the Device and it supersedes any prior representations, discussions, undertakings, end user agreements, communications or advertising relating to the Device.

 
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