SAFEANDSURF - END USER LICENSE AGREEMENT

The product transacted through the App Store is licensed, not sold, to You for use only under the terms of this license. ThreatMetrix, Inc. as the licensor ("ThreatMetrix" or "Application Provider") reserves all rights not expressly granted to You. The product that is subject to this license is referred to in this license as the "Licensed Application."

This license is between You and Application Provider only.

The Application Provider, not Apple, is solely responsible for the Licensed Application.

a. Scope of License; Support: This license granted to You for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the "Usage Rules").
This license does not allow You to use the Licensed Application on any iPod touch or iPhone that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application.
You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages.

The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Licensed Application, unless such upgrade is
accompanied by a separate license in which case the terms of that license will govern.

Application Provider is solely responsible for providing any maintenance and support services with respect to the Licensed Application. Apple has no obligation whatsoever to provide You with any maintenance and support services with respect to the Licensed Application.

b. Consent to Use of Data: You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Application Provider may otherwise use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.

c. Termination: This license is effective until terminated. Your rights under this license will terminate automatically without notice from Application Provider if You fail to comply with any term(s) of this license. Upon termination of this license, You must cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

d. OWNERSHIP AND RESERVATION OF RIGHTS: The Licensed Application is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws. This license grants You no right, title, or interest in any intellectual property owned or licensed by Application Provider, including, without limitation, its trademarks, and creates no direct relationship between You and Application Provider other than that of licensor to licensee under this license. All rights in the Licensed Application not expressly granted to You are reserved by Application Provider or its licensors.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE LICENSED APPLICATION.

f. Limitation of Liability: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE LIMITED REMEDY OFFERED IN THIS LICENSE FAILS OF ITS ESSENTIAL PURPOSE.

g. General:

i. Export: You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Licensed Application, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

ii. U.S. Government Rights: The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

iii. Governing Laws: The laws of the State of Delaware, excluding its conflicts of law rules, govern this license and Your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.

iv. Third Party Beneficiary: Apple, and Apple's subsidiaries, are third party beneficiaries of this license, and that, upon Your acceptance of the terms and conditions of this license, Apple will have the right to enforce this license against You as a third party beneficiary.

v. Questions; Claims: If You have questions, complaints or claims with respect to the Licensed Application, please contact ThreatMetrix by sending emails to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

In the event of any claim (including a third party claim that the Licensed Application infringes that third party's intellectual property rights), Application Provider, not Apple, is solely responsible for addressing any such claim.

Functions and Limitations of SafeAndSurf
You acknowledge the following:

Limited Functionality of SafeAndSurf

You understand that SafeAndSurf is intended to help You complete a transaction or authenticate Yourself to supported websites (for example, online merchants, banks, social networks and payment providers) from your iPhone. It is also intended that SafeAndSurf improved convenience whilst increasing the level of security of Your web transactions with these entities by using the encrypted "Safe" storage.

Security Limitations

It is important to note that SafeAndSurf is not complete security - that information stored using encryption that is designed to protect your data. This however has limitations dependent on the evolution of technology and methods for decrypting data. Information about encryption strengths and weaknesses are available on the internet. Bearing this in mind SafeAndSurf is not failproof nor can it be used as a substitute for your responsibilities protecting Your personal information, identities and credit card details.


Terms and Conditions of Use

You agree to the following and shall be held liable if You act in contradiction of these rules:

1. Comply with this license and all laws. You must use the SafeAndSurf and any related product or service only in accordance with this license and all applicable laws and regulations.

2. Accurate Information. You agree to provide accurate information and to provide all information reasonably requested by SafeAndSurf application, website or ThreatMetrix.

3. Your Security Obligations.
A. You understand that as there are inherent security risks on the Internet, You must carefully consider the degree to which You choose to rely on SafeAndSurf.
B. You must keep your PIN safe and not divulge to others.
C. Your PIN should be non-obvious and take steps to eliminate predictability. A longer PIN is better. For example a 4-digit PIN has only 10,000 combinations. A 5-digit PIN is 100,000. A 5-character PIN with upper and lower case and one or more special characters has many more combinations - for example 8 billion combinations.

D. SafeAndSurf will insert data into forms that you choose to populate from the "Safe". You must ensure that the site is trustworthy and is using an HTTPS/SSL encrypted session to protect the data you are providing. E. You will maintain secure possession of your iPhone, the SafeAndSurf application and your access PIN. If you lose possession of your iPhone with SafeAndSurf installed you should cancel stored credit cards and change account login and password details immediately. Even if you have encrypted your data it is not absolute protection from some entity retrieving the information.

4. Termination. ThreatMetrix may revoke Your use of SafeAndSurf at its own discretion, if You breach this license or if You compromise the security or integrity of SafeAndSurf application, website, data or related ThreatMETRIX properties, services and products.

Disclaimers

In light of the limitations as defined in this license, ThreatMetrix disclaim all warranties and representations (SafeAndSurf is provided "AS IS"!) and limit their liability for any losses or damages (whether based on contract, tort, statute or any other legal theory) related to Your use of the SafeAndSurf application to the fullest extent possible under applicable law. Your sole and exclusive remedy for any malfunction, deficiency or other dissatisfaction related to SafeAndSurf is a reimbursement of purchase cost of the application.