PlayNow Plus™ EULA Austria (English)

Summary

PlayNow™ plus

The PlayNow™ plus Music Service (the “Service) is provided by Omnifone and gives you unlimited access to music on your Sony Ericsson mobile phone handset and, if applicable, your PC. Access to the Service is either: i) included in the purchase of your handset for a set number of months (“Pre-Licensed”), ii) part of your monthly price plan or other offering (“Bundle”) or, if so offered by your Operator, iii) enabled at the point of downloading music tracks by entering into a subscription with recurring payments over either weekly or monthly periods depending on your mobile network operator (“Pay As You Go”), subject to the terms and conditions below. Pre-Licensed, Bundle and Pay As You Go are referred to collectively as your “Subscription”. If you are a new user of the Service you may be offered a free introductory trial period and you will be notified of this at the time. - By joining the Service you acknowledge that you have read the full terms and conditions which can be found in the End-User Licence Agreement and you become a Member. If you do not agree to the terms and conditions you may not use the Service. - The Software may be updated or modified on a periodic basis without notice to you. - By accepting the terms and conditions you consent to the collection and processing of information about you. This information is collected by Omnifone and handled pursuant to the terms of the Privacy Policy, which can be found in the End-User Licence Agreement. You acknowledge that we may provide your mobile telephone number (MSISDN) and/or e-mail address to Sony Ericsson and/or your mobile network operator (“Operator”) to facilitate collecting your Subscription Costs (as defined below) and/or for customer service purposes. - Sony Ericsson work closely with your Operator to ensure that, whilst on your home network, you will not incur data charges whilst using the Service. However data charges are governed by your Operator, and neither Omnifone nor Sony Ericsson are responsible for any data charges incurred whilst using the Service. - If you choose to keep the Service “online” whilst roaming abroad then you will incur data charges when the Service application connects to its server. Neither Omnifone nor Sony Ericsson have any control over what is actually charged whilst roaming abroad, and the charges may be significantly higher than those you would normally be charged for data on your home network. The Service lets you download as much music as you want and at any time whilst you subscribe to the Service. However, your Operator may apply restrictions to protect its network. Accordingly - You agree that you will not do anything that might impose an unreasonable or disproportionately large load on the infrastructure of the Service or Omnifone’s systems or networks, or any systems or networks connected to the Service or to Omnifone. - Your rights with respect to music you obtain on the Service are subject to copyright law and limited by the “Content Usage Rules”, which can be found in the End-User Licence Agreement. - You may contact Sony Ericsson directly with any customer support issues relating to the Service. You should, however, contact your Operator/service provider directly with any customer support issues relating to charges on your mobile phone bill or for PC internet access. - If you are subscribing to the Service on a Pay As You Go basis and if you do not cancel your membership (using the “Cancel Membership” feature of the “Options” screen or as otherwise is instructed) before the end of any given week or month as appropriate, you will automatically be charged for the following week or month as appropriate until you cancel your membership or, in the unlikely event, we cease to provide the Service on such basis. If we do cease to provide the Service on such basis then we will give you as much notice as is reasonably practicable. - “Earned Tracks” - Whilst a member of the Service you will have unlimited access to music. Earned Tracks are the tracks you play the most in each month excluding any tracks that are already Earned Tracks from previous months. If your Sony Ericsson mobile phone is Pre-Licensed or you have a Bundled subscription with the Service then, at the end of your subscription you will still be able to access your Earned Tracks, but no other music unless and until you re-subscribe for a new Subscription.. The number of Earned Tracks you have access to at the end of your Pre-Licensed term depends on the length and type of your Subscription and you will be notified of this at the time of purchasing your mobile handset or taking out your Subscription. In order to access your Earned Tracks other than from your mobile handset you can provide your email address using the Edit Profile screen of the Service to enter an email address so that we can send you details of how to access your Earned Tracks from an online account. The Earned Tracks accessed from an online account are DRM free, high-quality, and in MP3 format, meaning you can play them on any compatible device. - To subscribe to the Service you must be (i) at least 18 years of age, or (ii) 14 years of age with your parents’ or legal guardians’ consent. Please see End-User Licence Agreement for further details on age restrictions. - You may not make available any materials that are illegal, obscene, offensive, pornographic or defamatory or that contain any software viruses.

PlayNow™ plus End-User License Agreement

Effective from September 1st 2008. This document (the "Agreement") is a legal agreement between you and Omnifone Group Limited ("Omnifone") that governs your use of the Sony Ericsson PlayNow™ plus music and entertainment service (“Service”) and the associated Omnifone mobile phone handset software which is used to access the Service and associated materials and documentation that have been created and are owned by Omnifone or its suppliers or licensors (collectively the “Software”). By accessing the Service you acknowledge that you have read this Agreement and agree to be bound by its terms and conditions. If you do not agree to (or cannot comply with) the terms and conditions of this Agreement, you may not use the Service.

Terms & Conditions

1. License to Use Software Omnifone hereby grants you a limited, non-exclusive, non-transferable, non-sub-licensable right to use the Software used to access the Service, as such software has been delivered to you, on your Sony Ericsson mobile phone and/or on your personal computer, depending on your subscription, solely as an end user of the Service and subject to the terms and conditions of this Agreement. 2. Updates, Security, and Revocation Because the Software includes security components, special rules and policies apply. You agree to abide by the rules and policies established from time to time by Omnifone. We will apply such rules and policies generally in a non-discriminatory manner to users of the Software, and may include, for example, required or automated updates, modifications, and/or reinstallations of the Software to address security, interoperability, and/or performance issues. To this end, the Software includes an auto-individualisation feature that automatically collects unique system identification information about your mobile phone and which may be remotely activated in order to update security components. These updates, modifications and the like may occur on a periodic or as needed basis without notice to you. The above means that small amounts of data are sent to and from your mobile phone and you will be charged for such usage if such usage is outside of your data plan’s allowance. In addition, you understand that the Software is capable of monitoring itself for security-related and tamper-detection purposes and for communicating information about security incidents. Your copy of the Software and your access to certain applications that communicate with it are subject to restriction and/or revocation (such as being shut down) for security purposes or according to consistently applied Content-protection policies. You understand and agree that this would likely result in Content (as defined below) that was previously available for use being unavailable thereafter. 3. Activation and Privacy Information By accepting this Agreement and using the Service, Software and/or Content you consent to the collection and processing of information gathered during the installation, activation and usage of the Service. This information is collected by Omnifone and handled pursuant to the terms of the Privacy Policy. See Privacy Policy at Annex A. Unless you give us your express permission, Omnifone does not distribute your personal information to any third-party other than to facilitate collecting your Subscription Costs (as defined below) and/or to Sony Ericsson, your network operator (“Operator”) and/or service provider to provide customer service and Service and product related marketing messages. By posting messages, inputting data, or engaging in any other form of communication through the Service, you agree that Omnifone and/or Sony Ericsson may copy, sublicense, adapt, transmit, publicly perform or display any such content to provide and/or promote the Service subject always to applicable legal restrictions, and/or to respond to any legal requirement, claim or threat. If Omnifone's and/or Sony Ericsson’s use of such content exploits any proprietary rights you may have in such material, you agree that Omnifone and/or Sony Ericsson as applicable has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to use such material as described above. You agree that any loss or damage of any kind that you incur as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the Service is solely your responsibility. You acknowledge that Omnifone has the right to pass your details on to a third party should Omnifone reasonably believe that your usage of the Service is in contradiction with copyright laws or this Agreement. Omnifone will fully co-operate with any appropriate authority or Court order requesting or directing Omnifone to disclose the identity of any member. 4. Restrictions The Service, the Software and the Content (collectively the “Product”) contain and/or embody copyright material, trade secrets and/or other proprietary material and intellectual property of Omnifone, its Partners and/or its licensors. All title and ownership rights in the Product remain with Omnifone and its licensors, as applicable. In addition to those prohibitions contained elsewhere in this Agreement, you agree you will not: (i) rent, lease, loan, sell, copy, or distribute the Product in whole or in part; (ii) use the Product or any portion of it to create any tool or software product that can be used to create software applications of any nature whatsoever; (iii) remove, alter, cover, obfuscate, and/or otherwise deface any trade marks or notices on the Product; and/or (iv) modify, alter, decompile, disassemble, reverse engineer, reverse compile or otherwise reduce to human readable form, or create derivative works of the Product without the prior written consent of Omnifone, its business partners or its licensors (“Partners), as applicable. You further agree that you shall not tamper with the Product or undertake any activity intended to bypass, modify, defeat or otherwise circumvent (or having the effect of facilitating, modifying, or assisting the bypassing, defeating or circumventing of) proper and/or secure operation of the Product and/or any mechanisms operatively linked to the Product. The Service lets you download as much music as you want and at any time whilst you subscribe to the Service. However, your Operator may apply restrictions to protect its network. Accordingly You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Omnifone’s systems or networks, or any systems or networks connected to the Service or to Omnifone. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service. You agree that you shall not upload, post or otherwise transmit through or to the Service (a) any viruses, trojan horses, or any other harmful programs or elements; (b) junk mail, chain letters, or other unsolicited bulk email or duplicative messages. You agree that you will not collect information about other Service members without their consent or otherwise systematically extract data or data fields, including without limitation any email addresses, phone numbers, SMS or instant messenger IDs. You may not forge communication headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Omnifone, its Partners, its licensors or others. Except as expressly provided by this Agreement, no other licences or rights (including rights to maintenance or updates) are granted either expressly or by implication. All rights not expressly granted to you in this Agreement are expressly reserved to Omnifone, its Partners and/or its licensors. 5. Authorised Use of Omnifone Content The Software enables you to listen to, view, and/or read (as the case may be) music, images, video, text, and other material that may be obtained by you, or were in some instances previously provided to you, in digital form. This material, collectively "Content," is owned by Omnifone or by third parties. However, in all circumstances, you understand and acknowledge that your rights with respect to Content you obtain for use in connection with the Software (including any Content that may have been preloaded with the Software to your mobile phone, computer, portable device or a CD or other media provided to you) will be subject to copyright law and limited by the “Content Usage Rules”, as described herein, with which authorised copies of the Content are electronically packaged. Unauthorised copies of Content (including pirate and other illegal copies) may be electronically packaged with incorrect rules that have not been approved by Omnifone and/or the Content owner. The Content Usage Rules provided by Omnifone and/or the relevant Content owner in respect of Content shall govern your rights with respect to that Content regardless of whether unauthorised rules have been associated with that Content by another party. You may not attempt (or authorise, encourage or support others attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with any Content Usage Rules or Content. The Software enables Omnifone to control your access to Content in accordance with the Content Usage Rules. Omnifone (for itself and its Content licensors) reserves the right to use the Software at any time to enforce the Content Usage Rules with or without notice to you. You agree that the Content rights holders that license their Content to Omnifone for use in the Service are intended third-party beneficiaries under this Agreement with the right to enforce the provisions that directly concern their Content. 6. Links to Third Party Sites The Service may present links to third party “Sites” (for the avoidance of doubt this includes websites and mobile WAP and other similar sites) not owned or operated by Omnifone. You acknowledge that Omnifone is not responsible for the availability of these Sites or their contents and such presentation does not constitute an endorsement or approval by Omnifone. You agree that Omnifone is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such Site or goods or services available through any such Site. 7. Customer Support You should contact your Operator/service provider directly with any customer support issues related to Service charges on your mobile phone bill. Omnifone and its affiliates are not responsible for any billing disputes that arise between you and your Operator/service provider, including any disputes related to charges for the use of data when using the Service or billing procedures and you hereby indemnify and hold Omnifone and its affiliates harmless for any claims, losses and damages related to any such dispute. 8. Remedies If you are unhappy with the Service your only remedy is to cease use of the Service if you are a Pre-Licensed or Bundle subscriber or to cancel your membership to the Service if you are a Pay As You Go subscriber. It is your responsibility to ensure you have access to the Service should you join as a member. This does not affect any statutory rights you may have as a consumer. 9. Warranties Omnifone will use its reasonable endeavours to provide an excellent, reliable and consistent Service to you. However Omnifone reserves the right at any time, and from time to time, to modify or temporarily discontinue the Product (or any part thereof) with or without notice to you. You expressly acknowledge and agree that the use of the Product is at your own sole risk. The Product has been provided solely, "as is" and without warranty of any kind by Omnifone, its directors, employees, licensors, partners and agents (collectively "Omnifone"), its Partners. To the maximum extent allowed by applicable law, Omnifone and its licensors and Partners expressly disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or any warranty of non-infringement. There is no warranty that the functions contained in the product will meet your requirements, or that the operation thereof will be uninterrupted or error-free. Omnifone and its licensors and Partners do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Product with respect to its performance, accuracy, reliability, security capability, currentness or otherwise. No oral or written information or advice given by any person shall create a warranty in any way whatsoever relating to Omnifone and/or any of its licensors or Partners. 10. Liability In addition to the other provisions hereof, you acknowledge to and for the benefit of Omnifone and its licensors and Partners that the Product may contain bugs and is not designed or intended for use in hazardous environments requiring fail-safe performance in which the failure of the Software and/or the Service could lead to physical damage to property or environmental damage. Other than where the negligence of Omnifone or its licensors or Partners causes death or personal injury, or any damage to property resulting from gross negligence or wilful intent, Omnifone and its licensors and Partners shall have no liability whatsoever for any loss suffered as a result of such a failure of the Software and/or the Service or a breach of security involving the Software and/or the Service. Under no circumstances shall Omnifone or its licensors or Partners be liable for any damage resulting from the unauthorised use of any Product to develop, distribute, or use any material that is defamatory, slanderous, libellous or obscene, that portrays any person in a false light, that constitutes an invasion of any right to privacy or an infringement of any right to publicity, that infringes any third party’s rights or that is contrary to any foreign, federal, state or local statute or regulation. In no event will Omnifone or its licensors or Partners be liable for any loss of business or profits, nor for any business interruption, loss of business information, nor for consequential, incidental or special damages, and the like arising out of the use or inability to use the product, even if Omnifone and/or its licensors and Partners have been advised of the possibility of such damages. Notwithstanding any contrary provisions, but subject to applicable law, in no event shall Omnifone’s or its licensors’ or Partners’ liability to you or any person exceed, in the aggregate, €10 (euro). 11. Termination You may use the Service during your Subscription. However, Omnifone may, if you are in any breach of this Agreement, terminate this Agreement or suspend your access to the Service at any time with or without notice. Omnifone may cease to provide the Service on a Pay as You Go basis or on a Bundled basis after the end of your price plan’s minimum term. If we do cease to provide the Service on such basis then we will give you as much notice as is reasonably practicable, which shall take effect no earlier than the end of your current subscription period.
12. Survival The respective rights and obligations of you and Omnifone under the provisions of paragraphs 1, 3, 4, 5, 6, 8, 9, 12 17, 18 and 19 shall survive termination of this Agreement. 13. Intellectual Property Notices The Software and Service is Copyright © 2004, 2005, 2006, 2007 2008 Omnifone Group Limited and its licensors. All rights reserved. Patents pending. Omnifone, is a trade marks in many countries. All trade marks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Product are the property of Omnifone, its Partners and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner. The Service and the Software (and portions of them) may be protected under patent law and may be the subject of issued patents and/or pending patent applications.
14. Infringement of Intellectual Property Rights If you believe that your work has been reproduced on the Service in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information: (a) physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity; (d) address, telephone number or email address of the complaining party; (e) statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and (f) statement that the information in the notice of copyright infringement is accurate, and that the complaining party is authorised to act on behalf of the owner of the right that is allegedly infringed. All notices of copyright infringement should be sent to: Legal Dept, Omnifone, PO Box 47132, London, W6 0NT, United Kingdom. 15. Copyright Information * As noted above, the Product contains and/or comprise copyright or other proprietary subject matter, and your use of them is governed by this Agreement and applicable law. Omnifone respects the intellectual property rights of others, and it expects you to do the same. If you know of or suspect that any use of the Product constitutes copyright infringement, please send an email with full details to Omnifone at eula@omnifone.com. *16. Amendments Omnifone may from time to time modify the terms of this Agreement and will post a copy of the amended Agreement at the relevant country’s section on http://www.omnifone.com/terms. Please check that webpage regularly for revisions to this Agreement. Omnifone will also use reasonable endeavours to inform you through the Service of any modification to this Agreement. If you do not agree to (or cannot comply with) the Agreement as amended, your only remedy is (1) if you have a Pre-Licensed or a Bundled subscription, to cease using the Service and (2) if you are a Pay as You Go User to cancel your Service membership. You will be deemed to have accepted the Agreement as amended if you continue to use the Service after any amendments are posted. No provisions of this Agreement shall be deemed waived (by any act or omission) unless such waiver is in a writing signed by an authorised officer of Omnifone. This Agreement will bind and inure to the benefit of each party’s successors and assigns, provided that you may not assign or transfer this Agreement, in whole or in part, without the prior written consent of an authorised officer of Omnifone. 17. Severability If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be illegal, invalid, unenforceable, or against public policy, such provision or portion shall be severed from this Agreement and the remainder of this Agreement shall continue in full force and effect. 18. Entire Agreement This Agreement represents the entire agreement between you and Omnifone with respect to the subject matter hereof and supersedes all prior and/or contemporaneous agreements and understandings, written or oral, between you and Omnifone with respect to the subject matter hereof. 19. Governing Law and Jurisdiction Any dispute or controversy arising out of the provision of the Content or your use or attempted use of such Content and/or the Service shall be fully and finally resolved by the courts of your home country. To the fullest extent possible, the laws of England shall apply

Schedule A – Content Usage Rules

1. PlayNow™ plus Music Service The Service is a music service that allows you to access music on an unlimited download basis on your mobile phone and, depending on your subscription, PC. As a Service member you can continue to download and play as much music as you wish whilst you subscribe to the Service and thereafter if you choose to pay the appropriate Subscription Costs (as defined below). 2. PlayNow™ plus Music Service mobile edition To access the mobile edition of the Service, you will need to activate the Software on your mobile phone. Sony Ericsson work closely with your Operator to ensure that, whilst on your home network you will not incur data charges while using the Service but ultimately this will depend on the price plan you buy from your Operator. Considering that data charges are governed by your Operator, neither Omnifone nor Sony Ericsson are responsible for any data charges incurred whilst using the Service. You should note that if you enable the Service to remain “online” whilst roaming abroad certain additional data charges may apply when the Service application connects to its server. Neither Omnifone nor Sony Ericsson have any control over what is actually charged whilst roaming abroad and the charges may be significantly higher than those you would normally be charged for data on your home network. The Service lets you search for, browse and acquire new music from a vast catalogue of local and international artists from all the major labels and many independent record labels. You can easily access and manage your favourite music and build playlists and access recommended music which you might like. The Service’s My Friends community lets you create a profile and then build a network of friends with whom you can recommend music and share playlists. The Service also delivers music news and information about gigs and events that might be of interest to you. *3. PlayNow™ plus Music Service PC edition * The PC edition of the Service is a music player for windows based computers. The only prerequisites for installation are Windows Media Player 11 (for the DRM & framework) and a PC or laptop running Windows XP or Windows Vista. The Service PC edition is synchronised with the mobile client for seamless music on the move, at work or in the comfort of your home.

As with the mobile edition, the PC edition allows users to download unlimited music. Music tracks are downloaded to the PC before playing. All the functionality available in the mobile edition is also available in the PC version. This includes news, playlist creation and recommendations. The PC edition is a completely standalone application. All functionality and content resides on the user’s computer.

Security is provided by a simple one off login system. After this login all content is encoded and protected by Windows Media DRM. Windows Media DRM allows the PC edition of the Service to run on up to 3 computers per user. Windows Media DRM keeps all content secure for the lifecycle of the subscription.

Hardware and software requirements – • Windows Vista, XP SP2 • Windows Media Player 11 • .NET framework • Min 500mb ram (recommended 2Gb)

Bandwidth Requirements – Broadband or dial-up connectivity

4. Subscription Costs a) Pre-Licensed Period Your mobile phone may include a prepaid subscription to the mobile edition of the Service for a pre-licensed period and may include a subscription to the PC edition of the Service (the “Pre-Licensed Period”). Once this period ends you may be able to choose to pay on a weekly or monthly basis for a subscription to the Service b) Bundled Subscription Your monthly price plan or other product/service offering includes the Service. The Service continues for the length of your price plan/bundled offering. c) Pay As You Go Fees The following relating to Membership Fees (as defined below) applies if you choose to pay for the Service following the end of the Pre-Licensed Period or, if applicable, if you have been granted access to the Service without a foregoing Pre-Licensed Period. If you choose to use the Service in accordance with any of the usage scenarios described in the preceding sentence such usage is known as a Pay As You Go subscription and subject to a weekly or monthly fee (the “Membership Fee”) which is displayed clearly on the screen of your Sony Ericsson mobile phone. Membership Fees are charged in advance and deducted directly from your mobile phone bill or pre-pay mobile account or other payment mechanism that we make available from time to time. You will be charged for the next and each subsequent period’s Membership Fees as they fall due until such time as you cancel your membership, which you can do using the “Cancel Membership” feature of the “Options“ screen. By joining as a Pay As You Go member of the Service via the “Join PlayNow™ plus Music” screen you agree to this Agreement and you agree to pay for all Membership Fees that you incur through your usage of the Service. Unless we tell you otherwise, Pay As You Go Members are billed either on a 7-day (weekly) cycle or monthly cycle, each of which begins on the day you join as a Service member and ends 7 days thereafter (each a "Membership Week") or on the same date in the next calendar month cycle (each a Membership Month”). The mobile edition of the Service uses your Operator’s mobile data network to access the Service and to send and receive messages and Content. You must pay all costs associated with all such mobile data network usage. The PC edition of the Service uses your internet service provider’s data network to access the Service and to send and receive messages and Content. You must pay all costs associated with such data network usage. You may cancel your membership at any time after the end of the Pre-Licensed Period by giving notice via the method described above. In such case no further Membership Fees will be collected (subject to all payments due having been previously collected). Cancellation will take effect at the end of your current Membership Week or Membership Month as appropriate during which you deliver such cancellation notice. If you cancel your account after the end of your Membership Week/Membership Month you will be charged for the next week/ month’s Membership Fee as appropriate. Please note that, following cancellation of your Membership, you will continue to be able to access the Service and play music during the remaining days of your current Membership Week/Membership Month. Thereafter you will not be able to access the Service or play music unless you re-join the Service. When you re-join you will once again be able to access your music, playlists and friends, so you are always welcome back. Please note that if you rejoin the Service you will not be entitled to any additional free trial period you may have previously received. If you cancel your Membership you may delete any Content installed on your mobile phone using the device's standard functionality to delete files. The Membership Fees are subject to change by Omnifone and/or Sony Ericsson at any time. Omnifone and/or Sony Ericsson ensures that you are made aware of any price increase prior to such price increase taking effect so that you have the opportunity to cancel your Membership. You are responsible for keeping your Service account secure and confidential and you will be responsible for any charges that are incurred by any person through your account. 5. Earned Tracks Whilst a member of the Service you will have unlimited access to music. When your membership expires, you will still be able to access your Earned Tracks, but no other music until you re-subscribe. Earned Tracks are the tracks you play the most in each month excluding any tracks that are already Earned Tracks from previous months. You may need to have been a member of the Service for a certain period in order to qualify to have access to your Earned Tracks. You will be notified of this at the time of purchasing your Sony Ericsson mobile handset. The number of Earned Tracks you have access to depends on length of your subscription and you will be notified of this at the time of purchasing your Sony Ericsson mobile handset. In order to access your Earned Tracks other than from your mobile handset you can provide your email address using the Edit Profile screen of the Service to enter an email address so that we can send you details of how to access your Earned Tracks from an online account. The Earned Tracks accessed from the online account are DRM free, high-quality, and in MP3 format, meaning you can play them on any compatible device. Earned Tracks are made available to you for your personal non-commercial use on condition that you: 1. are not permitted to sell or rent any Earned Tracks to anyone else; 2. do not allow any third party to use the Earned Tracks; and 3. do not carry out any illegal activity in respect of any Favourite and /or do not use any Favourite, in whole or in part, for any illegal purpose;

6. Age Requirement You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of the Service. In addition, the Service can only be used with the permission of the bill payer. If you are under 18, but at least 14 years of age, you must present this Agreement to your parent or legal guardian, and he/she must agree to enter into this Agreement on your behalf if they are able to do so. Children under the age of 14 may not use the Service. By joining as a member of the Service you are indicating your acceptance of this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years of age, either entering into this Agreement for yourself or entering on behalf of your child or a child in your legal care who is at least 14. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of the Service, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, you may not use the Service.
7. Use of Service, Software and Content All use of the Service, the Software and the Content shall comply with the Content Usage Rules. The Product is provided for your personal use only. You are not granted any commercial, copying, sale, resale, rental, lending, adaptation, reproduction, distribution, broadcast or promotional rights for the Product. You shall not use the Product for any purposes that require rights for synchronisation or a public performance license with respect to the underlying music composition. Unauthorised reproduction or distribution of the Product is expressly prohibited and may violate applicable laws. On occasion, technical problems or expiry of Omnifone's right to make certain Content available may delay or prevent delivery or access to such Content. Receipt of a request does not guarantee that we can supply the selected Content to you.
You may download music content (a “Download”) and save it to the memory of your Sony Ericsson mobile phone and play back as many times as you want for so long as your membership is current. You may make an unlimited number of Downloads while your subscription is current, although you should check whether your Operator/service provider has a fair use policy. Omnifone automatically renews your rights to all of your Downloads at the beginning of each Membership Week/Membership Month so long as your membership remains current. This means that in order to play any Download after the end of a Membership Week/Membership Month, you must log on to the Service so that Omnifone can renew your rights for those Downloads. The Software will count the number of times that you play a Download, including while you are offline, for royalty accounting and analysis purposes.
8. Restrictions You may not use the Service, to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, pornographic, inflammatory, threatening, of a "spamming" nature, defamatory, or invasive of privacy; (ii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iii) that infringe third party rights or harm minors in any way. The Service includes community features (“My Friends”) which enable you to create a profile, send and receive and publish playlists and track recommendations between members. You agree to use such services in a legitimate fashion and not to use them for inflammatory, racially abusive, sexually abusive, threatening, “spamming” or invasion of privacy purposes. You agree not to use any words that may reasonably be considered to be offensive to any other member. Omnifone may, but is not obliged to, restrict your use of My Friends, monitor any activity or edit or remove content in such public areas, or restrict access by other members to your My Friends messages and content. Neither Omnifone nor its Partners take any responsibility or assume liability for any content, materials, messages and the like that you or any other member posts, sends or views in the Service or makes available via your profile. You agree to indemnify and hold harmless Omnifone, its Partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, from and against all claims resulting from content, messages, materials and the like that you post to any public area, including by sending via SMS. Omnifone will fully co-operate with any appropriate authority or court order requesting or directing Omnifone to disclose the identity of anyone posting any such information or materials. You may not interfere with or disrupt the Service or any networks connected to or by the Service. In addition, you may not use a false email address or otherwise mislead other members as to your identity or to the origin of a message or content. You agree that you will not allow others to use your Service account and you are solely responsible for maintaining the confidentiality and security of your account. You agree to notify Omnifone immediately of any unauthorised use of the Service. Neither Omnifone nor Sony Ericsson shall be responsible for any losses arising out of the unauthorised use of your account and you agree to indemnify and hold harmless Omnifone, its Partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorised or illegal uses of the same. Currently, this version of the Service is only available to residents of certain countries. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY NOT SIGN UP FOR ACCESS OR ATTEMPT TO ACCESS OR USE THE SERVICE, THE SOFTWARE OR THE CONTENT IN THE UNITED STATES OF AMERICA OR CANADA. *9. Explicit Content * Certain albums may be subject to the Recording Industry Association of America ("RIAA") "Parental Advisory Label" (as defined athttp://www.riaa.com/parentaladvisory.php?content_selector or to the British Phonographic Industry ("BPI") "Voluntary Stickering Scheme" for labelling recordings that contain explicit or offensive lyrics or other content or similar schemes in other countries. You acknowledge that you may have access to such content.

Schedule B - Customer Contacts

This Service is operated by Omnifone Group Limited, a company registered in England and Wales with registration number 6237568 and registered office at 18 Bedford Row, London WC1R 4EQ. its VAT number is 905380339. If you have any questions regarding this Agreement, or if you would like to contact Omnifone for any other reason, send an email to eula@omnifone.com or write to Omnifone, PO Box 47132, London, W6 0NT, United Kingdom. Copyright © 2009 Omnifone Group Ltd. All Rights Reserved. We’ve worked hard for a long time to bring you this product and we really hope you like it. All suggestions are welcome.

ANNEX 1

Privacy Policy Omnifone is committed to protecting the privacy of all members. It is our policy to respect the privacy of private communication. We will not intentionally inspect the contents of a private communication sent or received by you or your fellow members except as required or permitted by law. Omnifone is registered in the Data Protection Register with the Information Commissioner under registration number PZ8763566 in accordance with the UK Data Protection Act (DPA) 1998. The personal information you provide will be held on Omnifone's servers and data backups, stored in secure locations, made for the purpose of ensuring operational continuity. We have taken steps to ensure that your information is secure, including limiting the number of people who have physical access to our database servers, as well as electronic security systems and password protections that guard against unauthorised access. Omnifone collects information about members in order to provide the Service to members and in order to improve the Service. Where Omnifone receives information submitted by you to a third party website via a link on the Service, we will only use that information in accordance with this privacy policy. You should, however, check the terms of the privacy policy of the site to which the link relates to see how that third party will hold and utilise your personal information. Unless you give us your express permission, Omnifone does not distribute your personal information to any third-party other than to facilitate collecting your Subscription Costs and/or for our Partners to provide customer service. You acknowledge that Omnifone has the right to pass your details on to a third party should Omnifone reasonably believe that your usage of the Service be in contradiction with copyright laws or this Agreement. Omnifone will fully co-operate with any appropriate authority or court order requesting or directing Omnifone to disclose the identity of any member. Omnifone may also provide your details to any third party to whom disclosure is necessary to enable Omnifone to enforce its rights under this privacy policy, and to any purchase of Omnifone and/or the Service. Should you not wish your personal data to be collected or used by Omnifone as described herein please do not apply to become a member of the Service. During the membership joining process information including telephone number or other billing identification and handset and/or SIM identification is collected from your mobile phone or sometimes your Operator. This information is used to uniquely identify you and your devices in order to facilitate Content licensing and in particular implement the Content Usage Rules. Where applicable, this information is also used to collect your Subscription Costs from your mobile phone account and to make such financial records as are required to operate the Service. The Service collects information about the tracks which you play. This information is vital for Omnifone to be able to account to its Content licensors and pay their fees for the Content which they supply. Omnifone only report to its licensors on an aggregate basis and as such we do not pass on any of your personal information to these licensors. In addition to this play information the Service collects other usage information (such as search terms submitted) so as to improve the Service and to enable us to provide recommendations of Content that you might like. The Service automatically backs-up information pertaining to your favourite Content and playlists in order to synchronise this information across all your devices. This same information is used to prevent loss of the record of your favourite Content and playlists should you change your mobile phone or PC. As we are a company incorporated within the European Economic Area (“EEA”), if you are resident outside of the EEA your personal information will be exported to the EEA for storage and for use by us in accordance with this privacy policy. If You have so consented on the registration form, Omnifone, Sony Ericsson and/or Operator will use your information to send you the latest information on the Service and/or new developments to the Service and/or Sony Ericsson products. If at any time You no longer wish to be contacted for this purpose, please let us know and we will remove You from our mailing list.
You are entitled to see the information held about you and you may ask Omnifone to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us using the information provided above. Omnifone is entitled by law to charge a fee of £10 to meet the costs in providing you with details of the information held about you.