End-User License Agreement

PLEASE REVIEW THE FOLLOWING TERMS CAREFULLY BEFORE OPENING THIS PACKAGE OR
CLICKING ON THE "ACCEPT" BUTTON. BY OPENING THIS PACKAGE OR CLICKING ON THE
"ACCEPT" BUTTON YOU INDICATE YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS AND
YOU AGREE TO BE BOUND BY THESE.

1. Definitions
In these terms and conditions the following words shall have the following meanings: "you" means the
person using the Product; "Product" means the Software downloaded by you by itself from a Vodacom
website or supplied to you on a Compact Disc, website or directly from device or any other media either by
itself or together with the device; "Services" means data transmission and other services offered by
Vodacom under an airtime contract or otherwise; "Software" means the Vodafone software which is supplied
to you on the Compact Disc, website or directly from device together with the Mobile Connect/ Broadband
Card or downloaded by you separately from a Vodacom website: "we" "us" means Vodacom (Pty) Ltd.

2. Licence to Use
We grant you a non-exclusive licence to use the Product in connection with the Services. We do not accept
any responsibility or liability nor grant any licence to use the Software with a non-Vodacom network or SIM
card. You may not copy, modify, reverse engineer or decompile the Product and/or the software contained in
or on the Product or any part of it (save to the extent expressly permitted by law). You may not transfer,
assign, sublicense, or otherwise distribute or enable a third party to use the Software or the Product or any
part of it.
You may make one copy of the Software for back up purposes.
You are solely responsible for taking prudent and appropriate measures to back up data and otherwise
protect against loss of data.
The Product together with the Vodacom SIM Card may be used by you to link into websites, resources
and /or networks worldwide. We do not accept any responsibility for the content, services or any loss or
damage you may suffer by using such websites and networks. You agree that you will not use the Product or
any part of it in breach of any relevant laws or regulations. Further 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 Product.

3. Termination
This licence is effective until terminated. You may terminate it at any time by deleting the Software including
any back up copies from all your devices and returning the Product to us at Vodacom (Pty) Ltd, 082
Vodacom Boulevard, Vodavalley, Midrand, South Africa. This Agreement shall automatically terminate if you
fail to comply with these 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 Product available to you.
Upon termination of this Agreement, you will cease to use the Product and delete the Software including any
back-up copies from all your devices and return the Product to us at Vodacom (Pty) Ltd.

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 and other intellectual property rights in and to the Product. The fact that we have supplied you with
the Product does not mean that we have transferred any of our or our licensors rights in the Product to you,
we have simply permitted you to use it strictly on the terms and conditions of this licence.

5. Customer Services
If you need any help with the Product please call Vodacom Customer Care on 155 from your cellphone or
082155 from a fixed line.

6. Unique Identifier
When you install this Software an anonymous unique identifier (UID) is created at random. The UID does
not allow Vodacom to identify any individual users by name.It cannot be used to monitor which web sites
have been visited or e-mail addresses contacted by users. Using this UID, the following types of non-
personal information may be forwarded to Vodacom when you connect to the Vodacom network:
a) Version and configuration of the Software
b) Connectivity methods, such as infrared and Bluetooth, and devices used
c) Web browser and email software version details
d) Laptop and processor manufacturer product ID
e) Session information including duration and quality/success of connection at location where connection is
initiated;
f) When roaming, the country code and the mobile network to which you are connected.
g) Type of usage, for example internet browsing, file transfer, intranet access.
h) IMEI (coded device identity)

This information will be stored on a secure server for the following purposes:
(i) From time to time Vodacom may need to update service related settings and this may be done without
notification.
(ii) You may be notified about various software updates and patches, every time you connect, weekly or
monthly, depending on your preference. 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.
(iii) Compiling anonymous aggregate information about usage to improve the Mobile Broadband Service. In
no event will Vodacom disclose such information to any third party.

If you do not want the UID to be used, then it is possible for you or your IT Manager to disable this function.
However it should be noted that Vodacom may not be able to fully support the Services if this function is
disabled, as we will not be aware of which updates or software patches you may need. Please contact the
Vodacom customer service centre for details on how to disable the UID function.

Please note that sending and receiving the above information will necessitate sending small amounts of data
over your connection. You will be charged for this at your agreed rate.

7. Exclusion of warranties
To the fullest extent permitted by applicable law, the Product is furnished to you "as is" without any warranty,
conditions, representations or other terms regarding the Product from our licensors. Neither we nor our
licensors warrant that the Product will meet your requirements or that the operation of the Product will be
uninterrupted or error free. To the extent permitted by 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 death or personal injury. 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) or contract and even if we or our licensors have been informed
of the possibility of such losses or damages.

9. Law and Jurisdiction

These terms and conditions shall be governed by the laws of the Republic of South Africa and the parties
hereby irrevocably submit to the exclusive jurisdiction of the South African courts.