Licence

1. USER LICENCE ACCESS

VUESTAR Technologies Pte Limited (“VUESTAR”) Licenses the use of the VUESTAR System ™ to you upon the condition that you accept all of the terms contained in this User Licence Agreement for the period of one (1) calender year (“THE LICENCE”) for the Territory of the Republic of Singapore (“THE TERRITORY”).
Instructions Pre-Acceptance
Please read the terms of this Licence carefully and understand them BEFORE proceeding to use or access the VUESTAR System ™ and use Visual Images to hyperlink or access the worldwide web via any server (including that owned or accessed by VUESTAR) and/or computer (PC, Laptop) or mobile telephone network.
If you do not agree to these terms VUESTAR is and will remain unwilling to Licence on an annual user basis this Licence to you for the Territory.
Any use or continued use whatsoever or whensoever of any step, mechanical process or otherwise directly or indirectly utilising the VUESTAR System ™ will deem you to have consented to bind you to the terms of this Licence and specifically to your contractual payment obligations.

2. YOUR RIGHTS

You, as an Annual User Licensee, may:-

Enjoy the VUESTAR System ™ user Licence and its rights, benefits and entitlements for a period of one(1) calender year from the date of acceptance of the terms of this “User Licence” on a non-exclusive basis for the Territory.
Have the lawful right as a sub-licensee of VUESTAR Technologies to use visual images to hyperlink to parts of the worldwide web – web pages by means of speedy search and deep linkages.
Have the use of a series of enhanced features of rich media including Flash ™ Content, Sound or Mute, Music and Lyrics, Slide Show, Special Effects and other media and/or content.
Use all the elements of the VUESTAR System ™ in conjunction with personal computer (laptops), mobile phones and PDA’s and most digital electronic, electromagnetic instruments, devices and appliances.
Enjoy the preferential right as a foundation Licensee of this VUESTAR System ™ User Licence to:-
Have your own visual image(s) registered on the VUESTAR Visual Image Web pursuant to a protocol developed by RNT and VUESTAR.

Have your own visual images protected from use or abuse by third parties by means of digital encryption, hashing incorporation of secure algorithms and/or steganography.
Utilise the Amber, Red and Green toolbar SmartSafe ™ System for promoting, protecting and policing the use and abuse by unauthorised third parties of your valuable registered Visual Images.
The preferential right to have your nominated Visual Images entered into the VUESTAR Copyright Register and TradeMark Register.
The free “plug ins” which are made available from time to time by VUESTAR to its lawful Licencees and End of Clause.
Preferential access to other emerging VUESTAR Products, VUESTAR Systems and Technologies covered by its existing Patents and future Patents and Patent Applications.

3. PROHIBITIONS AND RESTRICTIONS

You may not:-

Lawfully access web pages and/or web sites without making payment of the annual Licence Fee whether you have entered into this Licence by consent or whether you by its terms are deemed to have entered into it.
Attempt any form of electronic or other access into the VUESTAR System ™ its supporting networks including but not limited to servers and other digital componentry.
Copy any documentation which accompanies the VUESTAR System ™ including its related VUESTAR Software and Intellectual Property.
You may not sub-licence or attempt to sub-licence, rent or lease all or any portion of the VUESTAR System ™ and its related VUESTAR Software or IP to any person, corporation or entity.
Breach any continuing obligation of non-disclosure, confidentiality, non-
competition and/or non-circumvention as appropriate.

4. INTERPRETATION

“CONFIDENTIALITY, NON-DISCLOSURE”

“COVENANTS” means the covenants, agreements and stipulated we both or licenser and licensee agree.

“LICENSEE” means you the user of the VUESTAR System (1M) for accessing the worldwide web by means of checking, scrolling and/or streaming over one or more Visual Images.

“NEW PATENT(S)/TERRITORIES/APPLICATIONS” means those freshly granted Patents and new Patent Applications specified on the VUESTAR Technologies Pte Ltd website.

“NEW PRODUCTS” means in addition to those products, systems, methods and technologies referred to in Part 2 to the licence and are updated VUESTAR (1M). User License or in the VUESTAR Technologies website and other promotional material.

“PATENT(S)” means the web access via visual images patents registered in USA, Singapore, Australia and New Zealand.

“RECIPIENT” means you or Recipient of the user licence as a user and prospective licensee.

RN TECHNOLOGIES PTE LIMITED (“ RNT ” ) means the owner by assignment from Ronald Neville Langford of the VUESTAR Intellectual Property and Licensor thereof to VUESTAR.

“SMARTSAFE ™” means the security, identification, authentication, verification, technology, method and system developed by RNT and VUESTAR.

“THE SCHEDULE” means the schedule to this licence.

“USER LICENCE FEE” means the annual fee set out in the Schedule to be paid by you as Licensee/Recipient to VUESTAR.

“USER LICENCE” means this annual User Licence between VUESTAR and the recipient as sub-Licensee and the Recipient.

“USER” means you as prospective Licensee.

“VUESTAR ™” means the domain name and business division of VUESTAR promoting the distribution of fast web access via visual images patented technology.

“VUESTAR PRODUCTS” means the VUESTAR (1M), Smart Safe (1M) and other products listed in item – of the schedule.

“VUESTAR SOFTWARE”

“VUESTAR SYSTEM ™” shall mean and include the patented and patentable method or system of locating websites and/or web pages or parts or component parts thereof utilising the VUESTAR Intellectual Property rights owned by RN Technologies Pty Limited beneficially and Licensed to VUESTAR by Licence and Technical Assistance Agreement including but not limited to the use of visual images, characters, graphics, representations, signatures, logos, brand names and icons, styles and/or likenesses.

“VUESTAR INTELLECTUAL PROPERTY” means and includes all copyright, trademark, design, patents including Singapore Patent No. 200301820-7, trade and professional secrets and systems in respect of visual image web access rights patented or otherwise including VUESTAR System (1M) and any application or right to apply for registration or protection of those rights and all information referred to in the Professional and Trade Secret and Patent Confidentiality, Non Disclosure and Non Circumvention Agreement displayed on the VUESTAR Technologies website.

“VUESTAR TECHNOLOGIES” means VUESTAR Technologies Pte Ltd the Licensee of the Visual Images web access VUESTAR System™.

5. ANNUAL AND ONGOING LICENSE FEES

The License, which is granted to you, is an annual licence to use the VUESTAR System ™ for the specified usage. When purchasing this user licence of the VUESTAR System ™ and its related software there are three components of the licence fee:.

Initial Licence Fee

This is a once off Licence Fee which you pay to VUESTAR when you purchase the user rights to the VUESTAR System ™ for the first time.

Mechanism for Payment

Cheque, TT, Direct Debit and Paypal.

Additional levies may apply pursuant to use .

6. LICENCE FEES FOR SECOND AND SUBSEQUENT YEARS AND FOR VUESTAR EMERGING PRODUCTS AND VUESTAR SYSTEMS, AS SET OUT IN THE SCHEDULE

Will remain at the discretion of VUESTAR Technologies.

WARRANTIES AND ASSURANCES
VUESTAR System ™ warrants that the media to which any VUESTAR System ™ is distributed will be free from any defects for a period of thirty days from the date of first electronic access to the VUESTAR System ™ by you. Your sole remedy in the event of a breach of this warranty will be that VUESTAR will, at its option, replace any defective media returned to it within the warranty period or at its option fully refund any monies paid for the VUESTAR System ™ Licence. VUESTAR does not warrant the VUESTAR System ™ will be uninterrupted for any period or that any VUESTAR Software used by VUESTAR or you will be error free.
The above warranty is exclusive and in lieu of all other warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. This warranty gives you, as Licensee and intended user, specific legal rights, which vary from country to country.

7. DISCLAIMER OF DAMAGES

Regardless of any remedy set out in this Licence Agreement which may fail in its essential purpose in no event will VUESTAR be liable to you for any special, consequential, indirect or similar damages, including any lost profits or lost data arising out of the use or inability to use the VUESTAR System ™, even in the event that VUESTAR has advised of the possibility of such damages. Some territories of the world do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to you. In no case shall liability exceed the Licence Fee paid or payable by you as user for one (1) calender year.

8. FORCE MAJEURE

Except with respect to failures to make any payments due hereunder, neither you nor VUESTAR will be obliged to carry out any obligation under this Agreement where performance of such obligation is prevented due to any cause beyond the first party’s reasonable control, including but not limited to any act of God, sever weather, failure or shortage of power supplies, flood, drought, lightening or fire, labour shortage or labour dispute, the act or omission of Government, highways authorities, obstruction by a third party administrations or other competent authority, the obstruction by a third party of line of sight between microwave installations, war, strike, military operations or not or any other causes, circumstances, or contingencies, beyond VUESTAR’s control, which prevent or hinder the performance by that party of any of its obligations hereunder.

9. LIMITATION OF LIABILITY/WARRANTY/INDEMNIFICATION

Unless otherwise expressly stated, VUESTAR’s liability to you in contract, tort or otherwise, including any liability for negligence howsoever arising out of or in connection with the performance of its obligations under this Agreement is limited to the amount of the charges actually paid by you in the year of this Agreement (commencing on the Commencement Date or any anniversary of the Commencement Date) in which such liability arises for all events arising in such year. Notwithstanding the foregoing, you agree that your sole remedy in the event of any breach of the warranties described in this Licence by VUESTAR or for any service quality failures shall be termination of this Licence Agreement without liability except or undisputed charges incurred prior to the effective date of termination.
VUESTAR shall not be liable to the other under this Agreement in contract, tort (including negligence) or otherwise for any loss of revenue, business, contracts, anticipated savings or profits sustained by you whether as a result of electronic, software or hardware failures or breakdowns.
VUESTAR warrants that the VUESTAR System ™ shall be provided on a digital fibre optic network that meets the applicable technical standards established for the World Wide Web . Neither part makes any other warranty, express or implied, with respect to transmission, equipment or service provided hereunder, and expressly disclaims any warranty of merchantability or fitness for any particular purpose or function.

10. CONFIDENTIALITY, NON-DISCLOSURE, NON-COMPETITION /NON-CIRCUMVENTION)

The Licensee shall be bound by all proper and reasonable covenants or confidentiality, non-disclosure, non competition and non circumvention referred to in the standard RNT, VUESTAR confidentiality Agreement and sample of which appears on the VUESTAR Technologies website.

11.GENERAL

The laws of the Republic of Singapore will govern this Agreement. Both you and VUESTAR may only modify its terms by a Licence Addendum which accompanies this Licence or by a signed, written document the express terms of this Agreement. This License constitutes the entire and only Agreement between VUESTAR and you as User and Licensee of the VUESTAR System ™.