End-User License Agreement

PLEASE REVIEW THE FOLLOWING TERMS CAREFULLY. BY CLICKING THE “ACCEPT”

BUTTON, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE
BOUND BY, THE TERMS OF THIS EULA. IF YOU HAVE NOT READ AND UNDERSTOOD, OR
DO NOT AGREE TO BE BOUND BY, THE TERMS OF THIS EULA, DO NOT CLICK THE
“ACCEPT” BUTTON. IF YOU DO NOT CLICK THE “ACCEPT” BUTTON, YOU ARE NOT
LICENSED TO USE THE SOFTWARE, AND SHOULD REMOVE IT FROM YOUR COMPUTER.

1. Definitions
In this EULA, the following words shall have the following meanings:
1.1 "Software" means the Vodafone software downloaded by you from a website / internet
location, supplied on a CD, USB device, memory card or other medium, or stored in the memory
of a hardware device;
1.2 "we" "us" means “Vodafone Essar Entity”
Vodafone Essar Entity’ means any one of the Vodafone Essar Limited (“VEL”), Vodafone Essar
Mobile Services Limited (“VEMSL”), Vodafone Essar East Limited (“VEEL”), Vodafone Essar
Gujarat Limited (VEGL), Vodafone Essar South Ltd (“VESL’), Vodafone Essar Digilink Limited
(“VEDL”), Vodafone Essar Cellular Limited (“VECL”), Vodafone Essar Spacetel Limited (“VSL”)
(VEL, VEMSL, VEEL, VEGL, VESL, VEDL, VECL and VES are individually referred to as
“Vodafone Essar Entity” and collectively referred to as “Vodafone Essar”); and
1.3 "you" means the person installing or using the Software;
(together “the Parties” and individually “a Party”).

2. Licence to Use
2.1 In consideration of your acceptance of this EULA, we grant you a royalty-free and non-
exclusive licence to use the Software, subject to the terms of this EULA.
2.2 You are only licensed to use the Software if you have an active airtime contract with Vodafone
Essar, and we do not accept any liability, or grant any licence to use the Software, without an
active airtime contract with Vodafone Essar.
2.3 You may not copy, modify, reverse engineer or decompile the Software or any part of the
Software (save to the extent expressly permitted by the law of your jurisdiction). You may not
transfer, assign, sublicense, or otherwise distribute or enable a third party to use the Software or
any part of it.
2.4 You may install the Software on more than one computer, and may make backup copies of
the Software for back up purposes.
2.5 You are solely responsible for taking prudent and appropriate measures to back up data and
otherwise protect against loss of data. We do not accept any responsibility or liability for any data
loss (or any loss consequent to, or otherwise related to, such data loss) you might suffer through
use of the Software.
2.6 The Software may be used by you to link to websites, resources and /or networks worldwide.
We do not accept any responsibility or liability for the content, services (including availability
thereof) or any loss or damage you may suffer by using such websites and networks.
2.7 You agree that you will not use the Software or any part of it in breach of any relevant laws or
regulations.
2.8 You agree to keep secret and in a safe place any passwords or other access devices you may
be provided with in order to prevent any unauthorised use of the Software. We do not accept any
responsibility or liability for any unauthorised use of the Software, howsoever caused.

3. Termination
3.1 This EULA is effective from when you click the “Accept” button until it is terminated.
3.2 Either Party may terminate this EULA at any time. You may terminate this EULA by deleting
the Software (including any back up copies) from all the computers on which you have installed
the Software. Vodafone Essar may terminate this EULA by providing notice of such termination to
you via the update notification mechanism.
3.3 This EULA shall automatically terminate if you fail to comply with its terms and conditions or
with the terms and conditions of any other contract pursuant to which we or our third party
distributors have made the Software available to you.
3.4 Upon termination of this EULA, you will cease to use the Software and will delete the
Software (including any back-up copies) from all the computers on which you have installed the
Software.

4. Intellectual Property Rights

We and/or our licensors (as the case may be) own all the copyright, design rights, "Look and
Feel", trade marks, patents and other intellectual property rights in and to the Software. The fact
that we have supplied you with the Software does not mean that we have transferred any of our
or our licensors’, rights in the Software to you; we have simply permitted you to use the Software
strictly in accordance with the terms of this EULA.

5. Customer Services
If you need any help with the Software, please consult the information at http://www.vodafone.in,
call our customer service centre on 111 if you are using the Vodafone network, or write to us at
Vodafone Essar, Peninsula Corporate Park, Ganpatrao, Kadam Marg, Lower Parel, Mumbai 400
013.

6. Anonymous Unique Identifiers and Anonymous Reporting

6.1 When you install this Software, anonymous unique identifiers (UID) are created on your PC.
The UID does not allow Vodafone Essar to identify any individual users by name. Using this UID,
the following types of non-personal information may be forwarded to Vodafone Essar when you
use the Software:
6.1.1 Anonymous identifiers (including anonymous user and phone identifiers which are created
when the PC client is first used, and when a phone is first used with a particular instance of the
PC client)
6.1.2 Location information (including your area code and country)
6.1.3 Information about your PC (including operating system, default language, default Internet
browser and the name of your modem)
6.1.4 Your connection method (whether you are connecting via infrared, Bluetooth or USB)
6.1.5 The date on which the phone / PC connection was first registered
6.1.6 Your connection details (including initialisation time, direction, number of bytes sent and
received, speed, and quality/success of connection at location where connection is initiated;
name of your network operator, when roaming mobile network and country code and the name of
your network operator)
6.1.7 Information about your phone (including IMEI (device identity) manufacturer, model and
software version)
6.1.8 Type of usage, for example internet browsing, file transfer, intranet access

6.2 The information listed in clause 6.1 will be stored on a secure server for the following
purposes:
6.2.1 From time to time Vodafone Essar may need to update service related settings and this may
be done without notification;
6.2.2 You may be notified when updates and patches are available. You will be given the choice
whether or not to accept these. You may decide to download larger files/patches when you are
connected via a faster Internet connection such as your corporate LAN; and
6.2.3 Compiling anonymous aggregate information about usage to improve the Software.
Vodafone Essar will not use any aggregate data complied in this way to send any marketing
information to you or disclose such information to any third party unless such disclosure is
required by law or other binding decision.
6.3 If you do not want the UID to be used, then it is possible for you or your IT Manager to disable
this function. You may disable this function through the “Settings” menu – more details are
provided on the web site from which you downloaded the application or on
http://www.vodafone.in.
6.4 Please note that transmitting the above information will necessitate sending and receiving
small amounts of data over your phone’s data connection. You will be charged for this at your
normal data tariff.

7. Exclusion of warranties
To the fullest extent permitted by applicable law, the Software is furnished to you "as is" without
any warranty, conditions, representations or other terms regarding the Software. Neither we nor
our licensors warrant that the Software will meet your requirements or that the operation of the
Software will be uninterrupted or error free. To the fullest extent permitted by applicable law, we
and our licensors disclaim and exclude all warranties, representations, conditions and other terms
of any kind, express or implied or whether arising by statute, common law or otherwise. This
clause does not affect your statutory rights.

8. Limitation of Liability
We will be liable to you if our negligence causes you death or personal injury. To the fullest extent
permitted by applicable law, in all other circumstances we or our licensors will not be liable to you
for any compensation, reimbursement or damages on account of the loss of present or
prospective profits, loss of revenue, turnover of sales; loss of good will; loss or damage to
reputation; loss of contracts or customers; loss of anticipated savings; loss of or damages to data
or programs or any other reasons whatsoever or indirect, special, incidental or consequential
damages whether arising in tort (including negligence), strict liability, contract or otherwise and
even if we or our licensors have been informed of the possibility of such losses or damages.

9. Entire agreement
This EULA constitutes the entire agreement and understanding between the Parties with respect
to its subject matter and replaces all previous agreements or understandings, written or otherwise
between the Parties with respect to such subject matter.

10. Waiver
The failure to exercise or delay in exercising a right or remedy provided by this EULA or by law
does not impair or constitute a waiver of the right or remedy or an impairment or a waiver of other
rights or remedies.

11. Rights of Third Parties

This EULA is made solely and specifically between the Parties for the benefit of the Parties.
Except as stated in the foregoing sentence, this EULA is not intended to be for the benefit of and
shall not be enforceable by any other person whether under the Contracts (Rights of Third
Parties) Act 1999 or otherwise and neither Party can declare itself as a trustee of the rights under
it for the benefit of any third party.

12. Assignment
You may not assign, transfer, sub-license and/or novate this EULA or any of your rights or
obligations hereunder. Vodafone Essar may assign, transfer, sub-license and/or novate this EULA
and any rights and obligations hereunder, and you hereby give your consent to such assignment,
transfer, sub-licence and/or novation.

13. Law and Jurisdiction

These terms and conditions shall be governed by the laws of India and the parties hereby
irrevocably submit to the exclusive jurisdiction of the Mumbai courts.