END USER LICENSE AGREEMENT

1. Subject and acceptance of the License Agreement

1.1. This elemental End User License Agreement (“EULA”, hereinafter “Agreement”) is entered into between You (natural or legal person, hereinafter referred to as “User”, “You”) and the company CallPanda (FZ LLC, country of registration UAE, registration number 98130, Dubai Internet City, Building # 1, office 315, P.O. Box 73000) (hereinafter “The Company”) and applies to your use of the CallPanda Software products both in the test version and after registering on the Company's website and purchasing a certain Tariff.

The Company's software products mean algorithms, cloud products, computer programs or databases, software, as well as all their subsequent updates and modifications intended for use on desktop and pocket personal computers, mobile phones, communicators, smartphones.

By using the Site and Services of the Company you agree to the terms of this End User License Agreement and that the only correct version of this License Agreement is drafted in English and available at: _________________.

Do not accept this License Agreement if:
- you have not read or fully understand the terms of the Agreement;
- you do not agree with the terms of this Agreement, its annexes and its other constituent parts (including the pricing policy of the Company's Tariffs), as well as if your will to conclude this Agreement is not free (if you act involuntarily: under duress, under the influence of violence or the threat of use violence);
- you have not attained full legal capacity required to enter into this Agreement or, for one reason or another, you are limited in legal capacity in accordance with the legislation applicable in your place of permanent residence;
- you have no power to act on behalf of a legal entity or individual whose details you provide when registering an Account;
- you do not understand the meaning and consequences of your actions regarding the conclusion and execution of this Agreement.

2. Grant of License

2.1. The Agreement is part of the Terms of Use, the current version of which is available at ______________, and grants you a non-exclusive, non-transferable license to use the Company's Software Products during the Term of Your Subscription and in accordance with Your Tariff ("Use Rights").

2.2. You cannot authorize third parties to exercise the Use Rights on your behalf. If you are a representative of a legal entity, access to the Account is provided to you in accordance with the terms of your Tariff.

2.3. You may be granted the right to use the Company's Software Products in a trial, limited version on a free basis. The Software Products available to you in the trial version are also the property of the Company and are subject to all terms of this License Agreement.

2.4. Use of the Company's Site. You will not intentionally:
• prevent other users from gaining access to the Site or the Company's Services, the Company's Software products, or violate its security;
• facilitate an attack or disruption of the Site, Services or Software Products of the Company, including unauthorized access, penetration testing, scanning or distribution of malware (including viruses, Trojans, spyware and adware, and robots that automatically cancel messages).

2.5. You acknowledge and agree that the Company can improve or refined the Site, temporarily reducing the basic functionality of the Site, as well as it can perform scheduled maintenance of the infrastructure and software used to provide the Services, during this time you may encounter disruption of the Site.

2.6. You are aware of the most important functional properties and characteristics of the operation and principles of operation of the Company's Software products, and you independently bear the risk of their inconsistency with your desires and needs. If you have any questions, before entering into this Agreement, you should obtain appropriate advice from the Company's employees at the email address: support@callpanda.com.

3. Term and Territory of the License

3.1. The term of the License starts from the moment you accept the terms of this Agreement and terminates with the termination of the License in accordance with the terms of clause 3.2 of this Agreement.

3.2. The company has the right to terminate this License Agreement in the following cases:
• if you materially violate the terms of the License Agreement or the Terms of Use;
• if we suspend or delete your Account due to your violation of the terms of the Privacy Policy;
• on other grounds provided for by the legal documents of the Company (if applicable).

3.3. Termination of the License takes effect immediately, meanwhile you and the Company continue to have obligations to comply with all liability provisions that arose and existed prior to termination of the License.

TERMINATION OF TERMS OF USE ALSO LEADS TO TERMINATION / SUSPENSION OF THE LICENSE.

3.4. The license is valid worldwide, unless the Terms of Use or other legal documents of the Company expressly contain restrictions on its use in a certain territory.

The license is granted to you in a non-transferable manner and you cannot assign, sublicense or otherwise transfer it to any other person (natural or legal person).

4. Remuneration

4.1. The remuneration for the use of the Software Products is determined under the provisions of the Terms of Use and prices specified by Company's Tariffs in accordance with the current pricing policy of the Company.

5. Intellectual property right

5.1. This Agreement gives you no ownership or License to objects of intellectual property, unless otherwise is agreed in writing. You retain ownership of your content and information posted by you on the Site and Services, and the Company accordingly also retains ownership of all of its Software Products.

5.2. The Company can use any reviews that you have left as part of your activity on the Service or Site in connection with the use of the Software Products.

5.3. You agree that computer code, visual images, sounds, systems, ideas, methods of work, documentation and other information contained on the Site and in any Software products of the Company are the intellectual property and / or trade secrets of the Company and are protected by intellectual property rights, applicable civil and criminal law.

5.4. The Company does not bear any obligations related to any Claims caused by protection of intellectual rights to the information you post on the Site and Services. You undertake at your own expense to guarantee compensation for damage and indemnify the Company from liability in relation to any demands, claims, obligations, losses, damages, court decisions, documents on the transfer of rights or alienation of property, costs and expenses arising from any information posted by you or any person associated with you or any person who, with your permission, performs any actions not expressly authorized by this Agreement.

6. Representations and warranties

6.1. The Company does not provide any guarantees that the Service or its Software Products may be suitable for specific purposes of use. The Company cannot guarantee and does not promise any specific results from the use of the Service, Site, Software Products. The Service, including all scripts, individual elements and the design of the Service, are provided "as is".

6.2. The Company does not provide any guarantees absence of interruptions in the operation of the Service, the Site, Software products caused by technical malfunctions, maintenance, etc., however, it makes commercially reasonable efforts to ensure the functioning of the Service around the clock. The Company does not provide any guarantees that the Service or any of its elements will function at any particular time in the future or that they will not stop working.

6.3. The Company is not responsible and does not compensate for any damage, direct or indirect, caused to the User or third parties as a result of the use or inability to use its Software Products, unless otherwise provided by applicable law.

6.4. The Company does not participate in the formation of the content of Accounts and other sections of the Service, carried out by you, including your use of trademarks, logos of third parties and other components of the sections of the Service.

6.5. The Company is not responsible for any damage to the device or software caused by you with no fault of the Company, associated with the use of the Service, Site or Software Products or by clicking on links posted by third parties and placed within the Service or the Company's Site.

6.6. Under no circumstances the Company will be liable to you and / or third parties for any indirect, accidental, unintentional damage, including lost profits or lost data, damage to honor, dignity or reputation, even if the Company has warned or indicated the possibility of such harm, unless otherwise provided by applicable law. The Company is also not liable to you and / or third parties for harm caused to you when you click on links posted within the Service by third parties, as well as when using communication channels with third parties other than the functionality of the Service.

7. Disclaimer of Warranty

7.1. LICENSE SOFTWARE IS PROVIDED ON "AS IS" BASIS AND THE COMPANY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED BY APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR ANY SPECIFIC PURPOSE, ACCURACY, TIMELY, LEGAL TITLE OR NON-INFRINGEMENT OF THE RIGHTS OF A THIRD PARTY, INCLUDING THE MAXIMUM VOLUME PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THIRD PARTY SOFTWARE AND DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR WILL BE ERROR-FREE, THAT DEFECTS OR THE PACKAGE ERRORS WILL BE CORRECTED OR THAT THE INFORMATION SAVED OR TRANSMITTED BY YOU THROUGH THE COMPANY'S SOFTWARE PRODUCTS WILL NOT BE LOST, CORRUPTED OR DESTROYED. YOU ASSUME RESPONSIBILITY FOR SELECTING A SERVICE FOR USE IN PURPOSE TO ACHIEVE YOUR DESIRED RESULTS AND REGARDING THE RESULTS OBTAINED IN THE DURING OF SUCH USE.

7.2. LIMITATION OF LIABILITY.
UNDER NO CIRSUSTAMSENS THE COMPANY SHALL BE LIABLE TO YOU OR ANY OTHER PERSON RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY DAMAGES OR DAMAGES, EXEMPLARY MEASURES OF LIABILITY (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFIT, TEMPORARY TERMINATION OF ACTIVITIES, LOSS OF COMMERCIAL INFORMATION, LOSS OF DATA, OR OTHER SIMILAR LOSSES IN CASH FORM), IN ACCORDANCE WITH THE PRINCIPLES OF THE CONTRACT OF WARRANTY.
AGGREGATE CUMULATIVE LIABILITY TO YOU WITH RESPECT TO THE REQUIREMENTS OF ANY KIND ARISING FROM THIS AGREEMENT, IN NO EVENT SHALL NOT EXCEED THE AMOUNT OF LICENSE FEES ACTUALLY PAID BY YOU FOR THE USE OF THE SOFTWARE PRODUCT WITHIN TWELVE MONTHS, PRIOR TO THE APPEARANCE OF REQUIREMENTS. ALL ABOVE-MENTIONED RESTRICTIONS APPLY EVEN IF YOU CANNOT ACHIEVE ITS PRIMARY PURPOSE THROUGH THE ABOVE PROTECTION.

8. Minimum technical requirements

8.1. The service may not work correctly when using proxy servers and other specific network restrictions.

8.2. Video conferencing and video calling requires a compatible device that meets the minimum system specifications, a supported operating system, broadband Internet connection, and a built-in or external webcam. If you have any questions regarding the necessary technical requirements, you should contact the Company's employees for appropriate advice at the email address: support@callpanda.com.

9. Final provisions

9.1. This Agreement does not grant any rights or grounds for action to third parties.

9.2. None of the parties can assign or innovate this Agreement, in whole or in part, without the express written consent of the other party.

9.3. The company reserves the right to amend this Agreement from time to time at its discretion, by publishing the amended Agreement on the Site at ________________________, provided that disputes arising under this Agreement are to be resolved in accordance with the terms of the Agreement in force at the time the occurrence of a dispute. We recommend that you periodically review the published Agreement in order to be aware of the changes made. Material changes to the terms of this Agreement will take effect on the earlier of the following dates: (i) the date of your first use of the Software Products after you actually became aware of such a change, or (ii) 30 days from the date of publication of the changed revision of the Agreement on the Site. In case of a conflict between the terms of this Agreement and the latest version of this Agreement, the latest version will prevail. Use Software Products after the changed Agreement entry into force constitutes acceptance of the terms of the Agreement, considering the changes made on your part. If you do not accept the changes made to this Agreement, you must immediately stop using the Software Products.

9.4. Each party undertakes comply with all laws and regulations that apply to their obligations under this Agreement. The company may limit the availability of software products in any particular location, change or discontinue support for functions in accordance with applicable laws and regulations.

9.5. If you use software where local law requires that a designated person shall be responsible for collecting data about individual end users and transferring data outside that jurisdiction (for example, in Russia and China), you acknowledge that you are the person responsible for enforcing such laws.

In all other respects, concerning the granting of a License and not specified in this Agreement, including other applicable laws and jurisdiction, disclaimer of warranty, indemnification, amendment and modification of the Agreement, severability of the agreement, assignment and termination, the corresponding the Terms of Use of the Company apply to the Agreement.

If you have any additional questions regarding this Agreement, you can always contact us at the email address: support@callpanda.com.