Definitions:

'Application' means this Mobile Application Software in the form of a Java MIDlet, native application or any other form suitable for a mobile device.

'Email' means the email messages fetched by the Application.

'Email Server' means the email servers in which the emails are stored.

'Email Accounts' means the email accounts in the Email Servers from which Email messages are fetched.

‘Proxy Server’ means the intermediary servers used by the Application to communicate with the Email Servers.

'Licensee' means you.

Agreement:

Skava hereby grants the Licensee the rights to use this Application on Licensee's mobile device, as long as Licensee pays the associated monthly subscription fees every month. In no event shall Licensee copy, resell, sublicense, retransmit or otherwise distribute all or any part of the Application.

Licensee hereby acknowledges knowledge that all Email is fetched by Application via the Proxy Servers, which in turn, fetch Email from the Email Server. The Licensee acknowledges that he/she has full rights to contact the Email Server and fetch Email from certain Email Accounts and grants Skava the full rights to do the same either via the Application or the Proxy Server.

Skava, in its sole discretion, may choose to discontinue its retransmission of any Email with no prior notice or modify the content of the Email in order to make it suitable for viewing on the mobile device with no prior notice or modify transmission of the Email interface requirements, delivery speed, or operational requirements with no prior notice. Skava may discontinue provision of the Email, or components of the Email, without notice or liability.

Skava does not endorse, or certify the Email included or any products or services advertised in or near the Email.

Licensee hereby acknowledges and agrees that, Skava is the sole owner of all right, title and interest in and to the Application.

This Agreement will automatically terminate on non-payment of monthly subscription dues. Licensee must destroy all copies of the Application upon termination.

Licensee shall defend, indemnify and hold harmless Skava and its Affiliates and their respective officers, directors, members, employees and agents against any and all claims made or threatened by any third party and all related Damages resulting from (a) any material breach in a representation, covenant or obligation of Licensee contained in this Agreement; or (b) any claims relating to Skava's Service.

No Warranty. Skava does not guarantee that the delivery of Email will be uninterrupted or error free. In the event of interruption of delivery of Email to Licensee, Skava's sole obligation shall be to restore service as soon as reasonably possible. SKAVA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, NATURE OR DESCRIPTION, EXPRESS OR IMPLIED, WITH RESPECT TO THE EMAIL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND OR NATURE WITH RESPECT TO THE ACCURACY OR TIMELINESS OF THE EMAIL OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR A COURSE OF PERFORMANCE, AND SKAVA HEREBY EXPRESSLY DISCLAIMS THE SAME.

Limitation of Liability. If Skava shall during the term be liable to Licensee or any third party as a result of any disputes, controversies or claims of any kind or nature arising under or in connection with this Agreement or the relationship created hereby (whether any such breaches, disputes, controversies or claims are based upon contract, tort (including negligence) or any other legal theory), all Damages from all such breaches, disputes, controversies or claims are limited to actual, direct and out-of-pocket damages which are reasonably incurred by Licensee. Notwithstanding anything to the contrary in this Agreement, Skava shall have no liability for, nor will the measure of damages include, under any theory of liability (whether legal or equitable), any indirect, special, punitive or consequential damages or amounts for business interruption, loss of income, profits or savings arising out of or relating to its performance or non-performance under this Agreement. The cumulative amount of all such Damages recoverable against Skava and Skava's Sources for all such breaches, disputes, controversies and claims during the entire term, will not exceed, in the aggregate, an amount equal to the total amount of fees incurred by Licensee under this Agreement during the month immediately preceding the claim.

Skava shall be relieved of the obligations hereunder to the extent that performance is delayed or prevented by any event which is beyond the reasonable control of it, including, without limitation, acts of God, public enemies, war, civil disorder, communications failures, fire, flood, explosion, labor disputes or strikes or any acts or orders of any governmental authority, failures or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment.

The validity and effect of this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California without regard to its conflicts of laws principles. All legal proceedings relating to the subject matter of this Agreement shall be maintained in the state or federal courts sitting in San Francisco, California and each party agrees that jurisdiction and venue for any such legal proceedings shall lie exclusively with such courts.

This Agreement contains the entire agreement between the Parties relating to the subject matter hereof, and supersedes any and all other agreements, representations or warranties of the parties in connection with such subject matter. This Agreement cannot be modified, changed or terminated orally, and no changes, amendments or modifications to this Agreement shall be binding unless in writing and duly executed by the Party to be charged therewith. If any provision of this Agreement is held invalid, unenforceable or illegal for any reason, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of this Agreement shall remain valid and enforceable in accordance with its terms.