ATTENTION: VoIP 911 service is different than traditional telephone 911 service and has limitations. We recommend that you use other means for accessing traditional 911 emergency services than Vbuzzer Messenger.

THE TERM Softroute AS USED IN THIS AGREEMENT SHALL INCLUDE SOFTROUTE CORPORATION AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS, AND FOR THE PURPOSES OF SECTION 9 AND 10 ONLY ALSO INCLUDES ANY OTHER SERVICE PROVIDER, THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES. Your registration data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at http://www.vbuzzer.com/privacy.php. Softroute may change this Agreement by posting a new version without notice to you. Use of Vbuzzer Messenger and all future updated or upgraded programs furnished to you by Softroute (the "Software") after such change constitutes acceptance of such changes. Some product updates and upgrades are mandatory and will be so indicated. If you do not agree to such changes, you are deemed to have received notice of termination and must comply with section 8 of this Agreement.

By accepting the terms of this Agreement, you represent to Softroute that you are at least 18 years old and Softroute hereby grants to you a worldwide, personal, non-transferable, non-sublicenseable and non-exclusive right to use the Software, solely in object code format, solely for your own personal purposes, solely on a single computer at any one time, solely in its supported form and solely with Softroute's service. This Agreement defines legal use of the Software, all updates and revisions.

You agree that you will not: (a) copy the Software except that you may make one copy of the Software solely for backup purposes; (b) assign this Agreement or transfer, lease, export or grant a sublicense of the Software or the license contained herein to any other party unless authorized by Softroute in writing; (c) network the Software or otherwise use it on more than one computer system at any one time; (d) reverse engineer, decompile or disassemble the Software or create derivative works or improvements from the Software or any portion thereof; (e) incorporate the Software into any computer chip or the firmware of a computing device manufactured by or for you, (f) use the Software except as authorized herein; and (g) permit third parties to use the Software in any way that would constitute breach of this Agreement. You further agree to keep confidential the user id, passwords and all other personal access information associated with your account, which are provided for your sole use. You hereby accept responsibility for all activity performed by you or anyone using your access information with or without your authorization.
THE SOFTWARE IS PROVIDED FOR PERSONAL USE ONLY. ANY COMMERCIAL USE OF THE SOFTWARE IS FORBIDDEN AND WILL RESULT IN IMMEDIATE TERMINATION OF THE SERVICE AT THE SOLE DISCRETION OF SOFTROUTE. USAGE PATTERNS INCONSISTENT WITH PERSONAL USE AS DETERMINED SOLELY BY SOFTROUTE WILL BE DEEMED COMMERCIAL USE.

THIS SECTION CONTAINS IMPORTANT PROVISIONS, INCLUDING THOSE REGARDING 911 SERVICE

Description: VoIP services allow you to make or receive telephone calls over the internet to or from the public switched telephone network. The nature of VoIP telephone calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and you acknowledge and agree the differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 911 emergency services.

911 Service: Because of the unique nature of VoIP telephone calls, emergency calls to 911 through your VoIP service will be handled differently than traditional phone service. The following provisions describe the differences and limitations of 911 emergency calls, and you hereby acknowledge and understand the differences between traditional 911 service and VoIP calls with respect to 911 calls placed to emergency services from your account as described below.

Placing 911 calls: When you make a 911 emergency call, the VoIP service will attempt to automatically route your 911 call through a third-party service provider to the Public Safety Answering Point ("PSAP") corresponding to your address of record on your account. However, due to the limitations of the VoIP telephone services, your 911 call may be routed to a different location than that which would be used for traditional 911 dialling. For example, your call may be forwarded to a third-party specialized call centre that handles emergency calls. This call centre is different from the PSAP that would answer a traditional 911 call which has automatically generated your address information, and consequently, you may be required to provide your name, address, and telephone number to the call centre.

How your information is provided: The VoIP service will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address, and telephone number associated with your account. However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain your name, phone number or physical location. Therefore, when making a 911 emergency call, you must immediately inform the dispatcher of your location (or the location of the emergency, if different). If you are unable to speak, the dispatcher may not be able to locate you if your location information is not up to date.

Correctness of information: You are responsible for providing, maintaining, and updating correct contact information (including name, residential address and telephone number) with your account. If you do not correctly identify the actual location where you are located, or if you account information has recently changed or has otherwise not been updated, 911 calls may be misdirected to an incorrect emergency response site.

Disconnections: You must not disconnect the 911 emergency call until told to do so by the dispatcher, as the dispatcher may not have your number of contact information. If you are inadvertently disconnected, you must call back immediately.

Connection time: For technical reasons, including network congestion, it is possible that a 911 emergency call will produce a busy signal or will take longer to connect when compared with traditional 911 calls.

911 calls may not function: For technical reasons, the functionality of 911 VoIP emergency calls may cease or be curtailed in various circumstances, including but not limited to:

Failure of service or your service access device - if your system access equipment fails or is not configured correctly, or if your VoIP service is not functioning correctly for any reason, including power outage, VoIP service outage, suspension or disconnection of your service due to the billing issues, network or internet congestion, or network or internet outage in the event of a power, network or internet outage; you may need to reset or reconfigure the system access equipment before being able to use the VoIP service, including for 911 emergency calls; and changing locations - if you move your system access equipment to a location other than that described in your account information or otherwise on record with Softroute Corporation.

Alternate services: If you are not comfortable with the limitations of 911 emergency calls, Softroute Corporation recommends that you terminate the VoIP services or consider an alternate means for accessing traditional 911 emergency services.

Inform other users: You are responsible for notifying, and you agree to notify, and user of potential users of your VoIP services of the nature and limitations of 911 emergency calls on the VoIP services as described herein.

Liability: Customers are advised to review this section with respect to Softroute Corporation's limitations of liability described in Article 9.

Softroute is the owner of all intellectual property rights in the Software, related written materials, logos, names and other support materials furnished with the Software. No title to the intellectual property in the Software is transferred to you by this Agreement and all rights not expressly granted herein are reserved by Softroute.

The Software allows across-internet calling to other Software users. The Software with subscription services (buzzout) also allows calls to PSTN numbers. When enabled with a Softroute-provided PSTN phone number (buzz and be buzzed) it further allows users to call and receive calls from any PSTN phone. You are responsible for obtaining your own Internet connection and all related charges. All users who are not a part of a Softroute fee-based service and do not use their user id for a period of sixty (60) days, determined at Softroute's sole discretion, will have their user id cancelled. You must re-register with Softroute to resume using the service. Softroute accepts no responsibility or liability for the deletion or failure to store any related information.

You agree to provide Softroute valid and accurate payment information and keep this information up-to-date through the "My Account" area on our website. You must use one of our methods of payment for all fees and purchases. You are responsible for all charges incurred under your account, including all purchases applicable taxes, fees, and surcharges to your account made by you or anyone else. The method of billing is via prepaid accounts. Annual rate subscriptions will billed once a year in advance. Usage based charges will be charged against your remaining balance. You will be notified when your remaining balance is nearing zero. All charges will be billed to your designated method of payment. You authorize Softroute to charge your selected payment method for the full amount of these charges. In the event we do not receive payment from your designated payer you agree to pay all amounts due upon demand by Softroute. You agree that you are responsible for all charges incurred prior to and including the date of membership cancellation or termination. Late payments will incur a fee of 18% per year (1.5% per month) charge and Service may be suspended, changed, or terminated at the sole discretion of Softroute. In the event of non-payment, cancellation or termination, all charges including but not limited to, subscription fees, usage-based charges, taxes, interest, purchases, and surcharges will become immediately due and payable.

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. SOFTROUTE DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE ERROR FREE. SOFTROUTE DOES NOT REPRESENT THAT THE SOFTWARE OR ANY DATA ACCESSED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE CANADA OR THE CONTINENTAL UNITED STATES.

This Agreement is effective until terminated. You may terminate this Agreement at any time by removing the Software in its entirety from your computer and destroying all back-up copies of the software, and notifying Softroute of such actions. Softroute may terminate this Agreement without notice to you if you fail to comply with any of its terms. Any such termination by Softroute shall be in addition to and without prejudice to such rights and remedies as may be available, including injunction and other equitable remedies. Upon receipt by you of written notice of termination from Softroute, you shall immediately (a) cease using the Software; (b) destroy all copies of the Software in your possession. You must provide Softroute with a written confirmation that you have complied with the foregoing, no later then 5 days after termination. The provisions of Sections 2, 3, 4, 6, 9 and 10 herein shall survive termination of this Agreement.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL SOFTROUTE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOST BUSINESS REVENUES, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, OR FOR ANY INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING FROM OR BASED ON THE USE OF THE SOFTWARE OR THE SERVICES PROVIDED PURSUANT HERETO, INCLUDING THOSE ARISING BY REASON OF ANY SERVICE OUTAGE AND/OR INABILITY TO USE OR ACCESS 911 EMERGENCY SERVICES.
In respect of any claim, demand or action arising out of this Agreement against Softroute, whether based in contract or tort (including negligence), indemnity or otherwise, including a breach by Softroute of any of its obligations under this Agreement (whether or not a fundamental breach), your exclusive remedy shall be to receive from Softroute payment for actual and direct damages to a maximum aggregate amount equal to the lesser of one month's actual fees (calculated as the average of the previous 3 calendar months usage fees) and $100.
These limitations and exclusions apply without regard to whether Softroute has been advised of the possibility of such damages, if such damages were reasonably foreseeable or if the damages arise from use or inability to use the Software and services, negligence, or any other cause.

You agree to indemnify and hold Softroute harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of your use of the Software, your violation of any terms or conditions of this Agreement (including those relating to accessing 911 service), your violation of applicable laws, or your violation of any rights of another person or entity.

This, including the Softroute Privacy Policy, and any amendments pertaining to updates and upgrades as issued from time to time, is the entire agreement between you and Softroute pertaining to your right to use the Software, and supersedes all prior or collateral oral or written representations or agreements related thereto. In the event that one or more of the provisions is found to be illegal or unenforceable, this Agreement shall not be rendered inoperative but the remaining provisions shall continue in full force and effect. This Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable herein. As used herein, the term "including" or "includes" means "including or includes without limitation".