End-User License Agreement

> | PLEASE REVIEW THE FOLLOWING LICENCE 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. IF YOU DO NOT AGREE TO ALL THESE TERMS AND CONDITIONS, CLICK ON THE "DECLINE" BUTTON AND THE PROGRAM WILL NOT BE DOWNLOADED ONTO YOUR COMPUTER.
> | 1.Definitions In this licence the following words shall have the following meanings: "you" means the person using the Software; "Services" means data transmission and other services offered by Vodafone under a mobile data airtime contract or otherwise; "Software" means the Dashboard software which is either supplied to you on the Compact Disc or any other media by itself or together with the Vodafone Connect Card or downloaded by you separately from a Vodafone website; "we", "us" or "our" means Vodafone New Zealand Limited.
> | 2. Licence to Use We grant you a non-exclusive licence to use the Software in connection with the Services. We do not accept any responsibility or liability nor grant any licence to use the Software with a non-Vodafone network or SIM card. You may not copy, modify, reverse engineer or decompile the Software 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 any part of it. You may only use the Software with one computer. 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 Software together with the Vodafone SIM card and your Vodafone data device 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 Software 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 Software.
> | 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. This licence shall automatically terminate if you fail to comply with the terms and conditions contained in it 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 or your contract for the Services is terminated for any reason. Upon termination of this Agreement, you will cease to use the Software and delete the Software including any back-up copies from all your devices.
> | 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 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 it strictly on the terms and conditions of this licence.
> | 5. Customer Services If you need any help with the Software please call our customer service centre on 777 if you are using the Vodafone New Zealand network, or +64 9 355 2007 if you are calling from a different network or from Overseas, or write to us at: Vodafone New Zealand Customer Services PO Box 92161 Auckland 1030 New Zealand. If you are a Vodafone customer from another jurisdiction, please contact your local support team.
> | 6. Unique Identifier When you install this Software an anonymous unique identifier (UID) is created at random. The UID does not allow Vodafone to identify any individual users by name. It can not 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 will be forwarded to Vodafone when you connect to the Vodafone 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 manufacturer product ID e) Session information f) When roaming, the country code and the mobile network to which you are connected. This information will be stored on a secure server for the following purposes: (i) From time to time Vodafone may need to update service related settings, this may be done without notification. (ii) You will 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 Connect Service. In no event will Vodafone use any aggregate data compiled in this way to send any marketing information to you or 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 Vodafone 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 Vodafone customer service centre on the number set out above 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 Software is furnished to you "as is" without any warranty, conditions, representations or other terms regarding the Software from our licensors. 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 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 and to the fullest extent permitted by applicable law 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. The New Zealand Consumer Guarantees Act 1993 ("Act") may apply to the supply of the Software under this licence. If the Act applies, then notwithstanding any provision in this licence, you may have rights and remedies as set out in the Act which may apply in addition to, or to the extent that they are inconsistent, instead of the terms of this licence, provided that if you are, or have indicated to us or our licensors that you are, acquiring the program for business purposes or for re-supply in trade, then you agree that the provisions of the Act will not apply and that your rights are limited to those contained in this licence.
> | 9. Law and Jurisdiction These terms and conditions shall be governed by the laws of New Zealand and the parties hereby irrevocably submit to the exclusive jurisdiction of the New Zealand courts.
> | 10. Usage Window Accuracy All amounts shown in the Usage window are approximate. Various factors, including other programs running on your computer (e.g. automatic updates or compression software) may cause differences between the amount of data shown as transferred in the Usage window, and the transfer actually recorded by mobile networks. These differences may sometimes be large. Your actual usage, rounded up as per our rounding policy (see www.vodafone.co.nz/mobileconnect for latest KB price rounding), will be recorded in your monthly bill and our charges are calculated on this basis.