© Brite-Maids, Inc 1994-2006 || All Rights Reserved

END-USER LICENSE AGREEMENT

Before reading the articles below, please note the following preliminary terms, which use some of the definitions specified in Article 1 below:

No Emergency Calls: by entering into this Agreement You acknowledge and agree that the Brite Maids, Inc. does not and does not intend to support or carry emergency calls. Please also see article 7 below.

Entering into this Agreement: This End User License Agreement constitutes a valid and binding agreement between Brite Maids, Inc. and You, as a user, for the use of the BMS Software. You must enter into this Agreement by clicking on the ACCEPT button in order to install and use the BMS Software. You hereby agree and acknowledge that this Agreement covers all Your use of BMS Software, whether it be from this installation or from any other terminals where Brite Maids, Inc. has been installed, by You or by third parties. Furthermore, by installing and continuing to use the Brite Maids, Inc. You agree to be bound by the terms of this Agreement and any new versions hereof.

Electronic Signatures and Agreement(s): You acknowledge and agree that by clicking on the ACCEPT button or similar buttons or links as may be designated by BMS to show Your approval of any foregoing texts and/or to download and install the BMS Software, You are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the BMS Software. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

Jurisdiction’s Restrictions: if You are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and You are under such a jurisdiction and under such age limit, You may not enter into this Agreement and download, install or use the BMS Software. Furthermore, if You are residing in a jurisdiction where it is forbidden by law to offer or use software for internet telephony, You may not enter into this Agreement and You may not download, install or use the BMS Software. By entering into this Agreement You explicitly state that You have verified in Your own jurisdiction if Your use of the Brite Maids, Inc. is allowed.

Article 1 Definitions

In this Agreement the following capitalized definitions are being used, singular as well as plural.

1.1 Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, BMS. For the purpose of this definition, the word "control" shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.

1.2 Agreement: this End User License Agreement, as may be renewed, modified and/or amended from time to time.

1.3 Emergency Services: means services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements.

1.4 Documentation: any online or otherwise enclosed documentation provided by BMS.

1.5 Effective Date: the date on which this Agreement is entered into by clicking on the ACCEPT button as stated above.

1.6 IP Rights: any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know how and trade secrets contained in or relating to the BMS Software, the Documentation, the BMS Website or the BMS Promotional Materials.

1.7 Password: refers to a code You select, which, in combination with the User ID, gives You access to Your User Account;

1.8 BMS: refers to the company established under the laws of Luxembourg, Brite Maids, Inc. , with its address at 15 rue Notre Dame, L-2240 Luxembourg, Luxembourg, reg.no (B100467), VAT no. (LU20180239).

1.9 BMS API: application program interface consisting of the set of routines utilized by the Brite Maids, Inc. to provide the Brite Maids, Inc. functionality for a given platform or operating system, BMS API being included in or linked to the BMS Software.

1.10 BMS Online Material: the BMS banner available for download on the BMS Website, consisting of a BMS logo and a link to the BMS Website.

1.11 BMS Promotional Materials: any and all trademarks, names, signs, logos, banners, BMS Online Material and any other materials, in whatever form, owned and/or used by BMS for the promotion of its company, its products and activities.

1.12 BMS Software: the software distributed by BMS for internet telephony applications, including without limitation the BMS API, UI and Documentation, as well as any future programming fixes, updates and upgrades thereof.

1.13 BMS Staff: the officers, directors, employees and agents of BMS or its Affiliates, or any other persons hired by BMS or its Affiliates.

1.14 BMS Website: any and all elements, contents and the ‘look and feel’ of the website available – among other URL’s - under the URL www.BMS.com, from which website the Brite Maids, Inc. can be downloaded.

1.15 Terms of Service: means the agreement between BMS Communications and You for the use of the VoIP service;

1.16 UI: the user interface of the BMS Software.

1.17 User Account: refers to the account with User ID and Password that You create for Your use of the BMS Software;

1.18 User ID: refers to an identification code You selected, which in combination with the Password, gives access to Your User Account;

1.19 VoIP Service: means the payable services provided under the Terms of Service

1.20 You: you, the end user of the BMS Software, also used in the form “Your” where applicable.

Article 2 License and Restrictions

2.1 License. Subject to the terms of this Agreement, BMS hereby grants You a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the Brite Maids, Inc. on Your computer, phone or PDA for the sole purpose of personally using the internet telephony applications provided by BMS and any other applications that may be explicitly provided by BMS. For the avoidance of doubt, You are allowed to use Brite Maids, Inc. at work, in accordance with the terms of this Agreement.

2.2 No Granting of Rights to Third Parties. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Brite Maids, Inc. or any part thereof.

2.3 No Modifications. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Brite Maids, Inc. or any part thereof.

2.4 Third Parties. You acknowledge and agree that the Brite Maids, Inc. may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Brite Maids, Inc. falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with the Brite Maids, Inc. will be subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that you will not enter into a contractual relationship with BMS or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to BMS or its Affiliates to enforce any of your rights.

2.5 New Versions of the BMS Software. BMS, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the BMS Software. You acknowledge and agree that BMS has no obligation to make available to You any subsequent versions of the BMS Software. You also agree that you may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the BMS Software. Furthermore, You acknowledge and agree that BMS, in its sole discretion, may modify or discontinue or suspend Your ability to use any version of the BMS Software, and/or disable any Brite Maids, Inc. You may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, cirucmstances where You, at BMS’s discretion, are in breach of this Agrement, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, which can be found at Article 3 Definitions to License Restrictions and Additional Terms

3.1 Distribution of BMS Software. You are not allowed to distribute the Brite Maids, Inc. under this Agreement. For the right to distribute You will have to agree to and meet with the Distribution Terms as published on the BMS Website.

3.2 Distribution of BMS API. Under this Agreement You are not allowed to use the BMS API in connection with applications that You (or any third party) distribute or intend to distribute. If you wish to distribute Your application, which uses BMS API, You will have to agree to and meet with the API Terms of Use as published on the BMS Website.

3.3 Use of BMS API. You may make use of the BMS API, subject to license terms in Clause 2.1 and for the sole purpose of enabling Your application to connect with the BMS Software, provided that:

3.3.1 All such use of BMS API is carried out for legitimate purposes and shall in no way and to no extent adversely affect the functionality or performance of the Brite Maids, Inc. or services provided by BMS;

3.3.2 You will not remove, overtake, hide or otherwise make the UI inaccessible for end users;

3.3.3 You will monitor the BMS Website in order to ensure that You are aware of any changes in the applicable legal documents. In the event You cannot agree on any changes in any applicable legal document, You will immediately cease any and all use of the BMS API and, where applicable, any and all use of the BMS Software; and

3.3.4 You acknowledge and agree that Your use of the BMS API will be at Your own risk and account.

3.4 Any other Exceptions. If You are interested in doing anything else than permitted under this Agreement or by the Distribution Terms or the BMS API Terms of Use, You will have to obtain BMS’s previous written consent and explicitly agree upon any further (commercial) terms.

3.5 BMS Promotional Materials. Nothing in this Agreement will give You any right to use the BMS Promotional Materials.

Article 4 Utilization of Your computer

4.1 Utilization of Your computer. You hereby acknowledge that the Brite Maids, Inc. may utilize the processor and bandwidth of the computer (or other applicable device) You are utilizing, for the limited purpose of facilitating the communication between Brite Maids, Inc. users.

4.2 Protection of Your computer (resources). You understand that the Brite Maids, Inc. will use its commercially reasonable efforts to protect the privacy and integrity of the computer resources (or other applicable device) You are utilizing and of Your communication, however, You acknowledge and agree that BMS cannot give any warranties in this respect.

Article 5 Confidentiality and Privacy

5.1 BMS’s Confidential Information. You agree to take all reasonable steps at all times to protect and maintain any confidential information regarding BMS, its Affiliates, the BMS Staff, the Brite Maids, Inc. and the IP Rights, strictly confidential.

5.2 Your Confidential Information and Your Privacy. BMS is committed to respecting Your privacy and the confidentiality of Your personal data. The “Privacy Policy” that is published on the BMS Website at www.britemaids.com/copyright applies to the use of Your personal data, the traffic data as well as the content contained in Your communication(s). We do not sell or rent Your personal information to third parties for their marketing purposes without Your explicit consent and we use Your information only as described in the Privacy Policy. We store and process Your information on computers that may be located outside Your country that are protected by physical as well as technological security devices. You can access and modify the information You provide in accordance with the Privacy Policy. If You object to Your information being transferred or used in this way please do not use our services.

Article 6 IP Rights and Translations

6.1 Exclusive Ownership. You acknowledge and agree that any and all IP Rights to or arising from the Brite Maids, Inc. are and shall remain the exclusive property of BMS and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws. You acknowledge and understand that all title and IP Rights in and to any third party content that is not contained in the BMS Software, but may be accessed through use of the BMS Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.

6.2 With the exception of IP Rights of BMS and/or its licensors in Brite Maids, Inc. (including the BMS API), You retain the intellectual property rights You may have in the applications, materials, products or processes You create which are based on or utilize the BMS API. You hereby release and covenant not to hold liable BMS or its Affiliates, or any of their licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments or claims (a) pertaining to any intellectual property You develop that is based on, uses, or relates to the BMS API; and (b) which otherwise may arise in connection with Your use of, reliance on, or reference to the BMS API. As between You and BMS, BMS and its licensors retain the IP Rights in and to the Brite Maids, Inc. (including the BMS API) and any derivative works thereto created by or for BMS or its licensors.

6.3 No Removal of Notices. You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or BMS’s rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to such materials.

6.4 Translations. You acknowledge and agree that the intellectual property rights regarding any translations made by You of any information on or accessible through the BMS Website or as otherwise requested of You by BMS at any time prior to or subsequent of the Effective Date will be and remain the sole and exclusive property of BMS without any compensation to You.

Article 7 Communication and Your Use of the BMS Software

7.1 Communication. Installing Brite Maids, Inc. enables You to communicate with other Brite Maids, Inc. users.

7.2 No Warranties. BMS cannot guarantee that You will always be able to communicate with other Brite Maids, Inc. users, nor can BMS guarantee that You can communicate without disruptions, delays or communication-related flaws or that all Your communication shall always be delivered to other Brite Maids, Inc. users. BMS will not be liable for any such disruptions, delays or other omissions in any communication experienced when using BMS Software.

7.3 No Responsibility of Content. You acknowledge and understand that the content of the communication spread by the use of the Brite Maids, Inc. is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable. BMS will not be liable for any type of communication spread by means of the BMS Software.

7.4 No Emergency Services. You expressly agree and understand that the Brite Maids, Inc. is not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any other kind of Emergency Service. BMS, its Affiliates or BMS Staff are in no way liable for such emergency calls.

7.4.1 Alternative Arrangements. By agreeing to this Agreement You understand that additional arrangements must be made to access Emergency Services. To access Emergency Services, You acknowledge and accept Your responsibility to purchase, separately from BMS Software, traditional wireless or wireline telephone service that offers access to Emergency Services.

7.4.2 No Compulsion to Offer Emergency Services. You recognize and agree that BMS is not required to offer Emergency Services pursuant to any applicable local and or national rules, regulation or law. You further recognize that BMS is not a replacement for Your primary telephone service.

7.5 Lawful purposes. You acknowledge and agree to use the Brite Maids, Inc. solely for lawful purposes. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for You, (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Brite Maids, Inc. or the communication, (c) send any unsolicited commercial communication not permitted by applicable law, or (d) expose any other user to material which is offensive, harmful to minors, indecent or otherwise objectionable.

Article 8 Term and (Consequences of) Termination

8.1 Term. This Agreement will be effective as of the Effective Date and will remain effective until terminated by either BMS or You as set forth below.

8.2 Termination by BMS. Without limiting other remedies, BMS may limit, suspend, or terminate this license and Your use of BMS Software, prohibit access to BMS Website and delete Your User Account and/or User ID, with immediate effect, if we think that You are in breach of this Agreement, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, which can be found at www.BMS.com/company/legal/terms/etiquette.html, infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. BMS shall effect such termination by providing notice to You to the email address You have provided, and/or by preventing Your access to the respective User Account. We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.

8.3 Termination by You. You may terminate this Agreement with immediate effect at any time, with or without cause and without recourse to the courts, provided that You will meet with the conditions as set forth in Article 8.4 below.

8.4 Consequences of Termination. Upon termination of this Agreement, You (a) acknowledge and agree that all licenses and rights to use the Brite Maids, Inc. shall terminate, and (b) will cease any and all use of the BMS Software, and (c) will remove the Brite Maids, Inc. from all hard drives, networks and other storage media and destroy all copies of the Brite Maids, Inc. in Your possession or under Your control.

8.5 No liability. BMS will not be liable in relation to any damage caused by the termination of this Agreement.

Article 9 Your Representations and Warranties; Indemnification of BMS

9.1 Representations. You represent and warrant that You are authorized to enter into this Agreement and comply with its terms. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the BMS Software.

9.2 Indemnification. You agree to indemnify, defend and hold BMS, Affiliates and the BMS Staff harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by said parties, in connection with or arising out of Your (a) violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the BMS Software, or (d) use and/or modification of the BMS API or (e) communication spread by means of the BMS Software.

9.3 U.S. Withholding Tax. United States-based end users and/or customers only: BMS and all affiliated non-U.S. BMS entities (including, but not limited to, Brite Maids, Inc. S.A., BMS Technologies, S.A., and BMS Communications ) intend to fully comply with all applicable U.S. federal tax rules and regulations as provided by the Internal Revenue Code of 1986 (the “Code”) and the Treasury Regulations promulgated thereunder. BMS, Inc. (BMS’s U.S.-based affiliate) has been appointed to assist all U.S.-based end users and/or customers in complying with any and all U.S. tax obligations arising as a result of Your use of the BMS Software, VoIP Service and/or BMS API. You hereby agree to appoint BMS, Inc. as Your withholding agent for purposes of the withholding provisions of Chapter 3 of the Code, section 3406 and other withholding provisions of the Code, and the reporting provisions of Chapter 6 of the Code. Your agreement does not modify in any way Your defenses provided under U.S. tax law to avoid tax for any payments made to BMS’s non-US entities. If You would like any information with respect to Your rights and obligations concerning any and all potential U.S. federal income tax liability and/or reporting responsibilities or if You wish to receive additional information (including applicable Forms W-8BEN (“Certificate of Foreign Status of Beneficial Owner for United States Withholding”), You may contact BMS at taxation@BMS.net.

9.4 Export Restrictions. You acknowledge that the Brite Maids, Inc. may be subject to international rules that govern the export of software. You agree to comply with all applicable international and national laws that apply to the Brite Maids, Inc. as well as end-user, end-use and destination restrictions issued by national governments.

Article 10 Disclaimer of Warranties

10.1 No warranties. THE BRITE MAIDS, INC. IS PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER; BMS DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE BMS SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. BMS FURTHER DOES NOT REPRESENT OR WARRANT THAT THE BRITE MAIDS, INC. WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES BMS WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE BMS SOFTWARE.

10.2 Specific Disclaimer of Liability for Emergency Services. BMS does not provide Emergency Services in conjunction with the BMS Software. Neither BMS nor its officers or employees may be held liable for any claim, damage, or loss, and You hereby waive any and all such claims or causes of action, arising from or relating to the use of Brite Maids, Inc. to contact Emergency Services personnel. You shall defend, indemnify, and hold harmless BMS, BMS Staff and Affiliates and agents and any other service provider who furnishes services to You in connection with the BMS Software, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, You relating to the absence, failure or outage of Brite Maids, Inc. provided hereunder, including specifically any claims arising out of the failure of BMS to offer Emergency Services.

10.3 Your own Risk. You acknowledge and agree that the entire risk arising out of the use or performance of the Brite Maids, Inc. remains with You, to the maximum extent permitted by law.

10.4 Jurisdiction’s Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited as far as legally possible under the applicable legislation.

Article 11 Limitation of Liability

11.1 No Liability. The Brite Maids, Inc. is being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT BMS, ITS AFFILIATES AND THE BMS STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE BMS SOFTWARE, AS SET FORTH BELOW.

11.2 Limitation of Liability. IN NO EVENT SHALL BMS, ITS AFFILIATES OR THE BMS STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE BMS SOFTWARE, EVEN IF BMS, ITS AFFILIATES OR THE BMS STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.3 Remedy. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE BRITE MAIDS, INC. IS TO DEINSTALL AND CEASE USE OF SUCH BMS SOFTWARE.

11.4 Jurisdiction’s Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited as far as legally possible under the applicable legislation.

Article 12 General Provisions

12.1 New versions of the Agreement. BMS reserves the right to modify this Agreement at any time by providing such revised Agreement to You or by publishing the revised Agreement on the BMS Website. The revised Agreement shall become effective within thirty (30) days of such publishing or provision to You, unless You expressly accept the revised Agreement earlier by clicking on the accept button. The express acceptance by You, or Your continued use of the Brite Maids, Inc. after expiry of the notice period of thirty (30) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. You can find the latest version of this Agreement at www.BMS.com/company/legal/eula. BMS reserves the right to make changes to this Agreement from time to time.

12.2 Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between You and BMS with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.

12.3 Partial Invalidity. Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.

12.4 No waiver. The failure of BMS at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by BMS.

12.5 No Assignment by You. You are not allowed to assign this Agreement or any rights hereunder.

12.6 Assignment by BMS. BMS is allowed to at its sole discretion assign this Agreement or any rights hereunder to any Affiliate, without giving prior notice.

12.7 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of Luxembourg without giving effect to the conflict of laws or provisions of Luxembourg or Your actual state or country of residence.

12.8 Competent Court. Any legal proceedings arising out of or relating to this Agreement will be subject to the jurisdiction of the courts of the district of Luxembourg.

12.9 Language. The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall prevail.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE BMS SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO BMS THE RIGHTS SET FORTH HEREIN.

This End-User License Agreement (“EULA”) is a legal agreement between you and Brite Maids, Inc.(“BMS”), a general partnership established under Delaware law. By using this site, you will indicate your acceptance of these terms and conditions, at which point this EULA will become a legally binding agreement between you and BMS.

Article 3. RESTRICTIONS ON USE OF LICENSED MATERIALS

1. Except to the extent otherwise expressly permitted hereunder or otherwise by the owner of the relevant rights in or to the LICENSED MATERIALS concerned, and without limitation, the following restrictions shall apply to your use of the LICENSED MATERIALS:

(a) You may not copy or reproduce any portion of the LICENSED MATERIALS.

(b) You may not distribute, share through any information network, transfer, sell, lease or rent any of the LICENSED MATERIALS to any other person, in whole or in part.

(c) You may not change, alter, modify or create derivative works, enhancements, extensions or add-ons to any of the LICENSED MATERIALS.

(d) You may not decompile, reverse engineer or disassemble any of the LICENSED MATERIALS, in whole or in part.

(e) You may not export the LICENSED MATERIALS outside of the country where you reside. (This clause 1(e) of Article 3 shall not be applicable within the European Economic Area (EEA).)

(f) You will at all times comply with, and will not circumvent or attempt to circumvent, any of the restrictions on use set forth in this Article 3 or elsewhere in this EULA.

2. In the event that the owner of the LICENSED MATERIALS is a party other than BMS (each, a “LICENSOR”), you agree that such LICENSOR shall be a third party beneficiary under this EULA and, as such, shall have the right to enforce the terms and conditions of this EULA that pertain directly to such LICENSOR’S rights in and to the LICENSED MATERIALS concerned as if such LICENSOR was a party to this EULA. The rights granted to a Licensor under this Article shall not be revoked.

3. BMS and each LICENSOR reserve the right to use the SOFTWARE and/or any APPROVED MEDIA PLAYER to enforce their respective rights in and to the DIGITAL CONTENT, including any and all of the restrictions on use set forth in this Article 3, at any time, without notice to you.

Article 4. INTELLECTUAL PROPERTY RIGHTS

All title to, and intellectual property rights in, the LICENSED MATERIALS and any related documents are and shall remain owned and/or controlled solely and exclusively by BMS and/or its LICENSORS. BMS and/or all respective LICENSORS reserve all rights in the LICENSED MATERIALS not specifically granted to you under this EULA.

Article 5. EXCLUSION OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE INSTALLING AND USING THE LICENSED MATERIALS AT YOUR OWN SOLE RISK. THE LICENSED MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY, TERM OR CONDITION OF ANY KIND, AND BMS, ITS LICENSORS AND EACH OF THEIR LICENSEES, AFFILIATES AND AUTHORIZED REPRESENTATIVES (EACH, A “BMS PARTY”) EXPRESSLY DISCLAIM ALL WARRANTIES, TERMS OR CONDITIONS. EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A GENERAL OR PARTICULAR PURPOSE. NO ORAL, WRITTEN OR ELECTRONIC INFORMATION OR ADVICE GIVEN BY ANY BMS PARTY SHALL CREATE ANY WARRANTY, TERM OR CONDITION WITH RESPECT TO THE LICENSED MATERIALS OR OTHERWISE. SHOULD THE LICENSED MATERIALS PROVE TO BE DEFECTIVE, YOU (AND NOT THE BMS PARTY CONCERNED) AGREE TO ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIRS OR CORRECTIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, TERMS OR CONDITIONS IN CERTAIN INSTANCES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS ARTICLE WILL NOT APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW SPECIFICALLY MANDATES LIABILITY, DESPITE THE FOREGOING DISCLAIMER, EXCLUSION AND LIMITATION.

Article 6. LIMITATION OF LIABILITY

NO BMS PARTY SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, EITHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, ARISING OUT OF THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, TERM OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY MISREPRESENTATION, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR ANY OTHER LEGAL THEORY ARISING OUT OF, OR RELATED TO, THIS EULA OR YOUR USE OF ANY OF THE LICENSED MATERIALS (SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, DOWN TIME AND USER’S TIME), EVEN IF THE BMS PARTY CONCERNED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF THE SONY BMG PARTIES, COLLECTIVELY, UNDER THE PROVISIONS OF THIS EULA SHALL BE LIMITED TO FIVE US DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CERTAIN INSTANCES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS ARTICLE WILL NOT APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW SPECIFICALLY REQUIRES LIABILITY DESPITE THE FOREGOING DISCLAIMER, EXCLUSION AND LIMITATION.

Article 7. DAMAGES ARISING OUT OF YOUR ACTIONS

You shall defend and hold the BMS PARTIES harmless from and against any and all liabilities, damages, costs, expenses or losses arising out of your use of the LICENSED MATERIALS, your negligent or wrongful acts, your violation of any applicable laws or regulations, and/or your breach of any provision of this EULA.

Article 8. UPDATES TO THE LICENSED MATERIALS

The BMS PARTIES may from time to time provide you with updates of the SOFTWARE in a manner that the BMS PARTIES deem to be appropriate. All such updates shall be deemed to be part of the SOFTWARE for all purposes hereunder. In the event that you fail to install an update, the BMS PARTIES reserve the right to terminate the term of this EULA, along with your rights to use the LICENSED MATERIALS, immediately, without additional notice to you. The BMS PARTIES shall not be liable for any loss or damage caused by reason of your failure to install any such update or your failure to do so in the manner instructed.

Article 9. EXPIRATION AND TERMINATION

1. The rights granted to you hereunder to use the DIGITAL CONTENT are conditioned upon your continued possession of, and your continued right under a license from BMS to use, the original CD product that you purchased. In the event that you no longer possess or have the right under such license to use the original CD product, your rights hereunder to use the DIGITAL CONTENT shall expire immediately, without notice from BMS.

2. Without prejudice to any other rights BMS or any BMS PARTY may have hereunder, the term of this EULA shall terminate immediately, without notice from BMS, and all rights you may have hereunder to use the LICENSED MATERIALS shall be immediately revoked, in the event that you: (i) fail to comply with any provision of this EULA, (ii) fail to install an update of the SOFTWARE that was previously provided to you by the BMS PARTIES within the time specified, or (iii) file a voluntary petition or are subject to an involuntary petition under applicable bankruptcy laws, are declared insolvent, make an assignment for the benefit of creditors, or are served with a writ of attachment , writ of execution, garnishment or other legal process pertaining to any of your assets or property.

3. Upon the expiration or termination of this EULA, you shall immediately remove all of the LICENSED MATERIALS from your personal computer system and delete or destroy them, along with any related documentation (and any copies thereof) that you may have received or otherwise may possess.

4. Articles 4 (Intellectual Property Rights), 6 (Limitation of Liability), 7 (Damages Arising Out Of Your Actions), 9 (Expiration and Termination), 10 (Governing Law and Waiver of Trial By Jury), and 11 (General) shall survive and remain in full force and effect following the expiration or termination of this EULA

5. To the extent relevant under applicable law, you and BMS each agree, for the effectiveness of the termination clauses under this EULA, to waive any provisions, procedures and operation of any applicable law that might otherwise require judicial approval or a court order in order to effect the termination of this EULA.

Article 10. GOVERNING LAW AND WAIVER OF TRIAL BY JURY

1. THE VALIDITY, INTERPRETATION AND LEGAL EFFECT OF THIS EULA SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO CONTRACTS ENTERED INTO AND PERFORMED ENTIRELY WITHIN THE STATE OF NEW YORK (WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW PRINCIPLES UNDER NEW YORK LAW). THE NEW YORK COURTS (STATE AND FEDERAL), SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THIS AGREEMENT; ANY ACTION OR OTHER PROCEEDING WHICH INVOLVES SUCH A CONTROVERSY SHALL BE BROUGHT IN THOSE COURTS IN NEW YORK COUNTY AND NOT ELSEWHERE. THE PARTIES WAIVE ANY AND ALL OBJECTIONS TO VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.

2. YOU HEREBY WAIVE ALL RIGHTS AND/OR ENTITLEMENT TO TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE THAT ARISES OUT OF OR RELATES IN ANY WAY TO THIS EULA OR THE SOFTWARE.

Article 11. GENERAL

If any provision of this EULA is subsequently held to be invalid or unenforceable by any court or other authority, such invalidity or unenforceability shall in no way affect the validity or enforceability of any other provision of this EULA. This EULA shall be binding upon the parties’ authorized successors and assignees. Neither party’s waiver of any breach or failure to enforce any of the provision of this EULA at any time shall in any way affect, limit or waive such party’s right thereafter to enforce and compel strict compliance with every other provision. No modification of this EULA shall be effective unless it is set forth in a writing signed by BMS.