The use of Piconews is conditioned to the acceptance of the two following licences:

• Free End-User Software License Agreement
• Blacktouch Terms and Conditions of Services

This free end-user software license agreement (the "Agreement") is entered into between Blacktouch, SARL, and you, the "User". The following document contains the complete terms and conditions that shall apply between you and us.

NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE BLACKTOUCH Piconews SOFTWARE ("SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON, YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.

Blacktouch owns all intellectual property in the Software. Blacktouch permits you to Use the Software only in accordance with the terms of this Agreement.

1. Definitions

   "Software" means (i) the Blacktouch Piconews software that enables you to access exclusively the Services, as this term is specified hereafter; (ii) related explanatory written materials or files present on Blacktouch's website or on any accredited Blacktouch distributor's website ("Documentation"); and (iii) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Blacktouch (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Permitted Number" means one (1), except otherwise agreed within the Agreement by Blacktouch. "Services" means the Blacktouch Piconews service developed and distributed by Blacktouch and any accredited Blacktouch distributor, as specified on Blacktouch's website, and/or any other services as identified on Blacktouch's website and/or any accredited Blacktouch distributor's website. "Terminal" means any electronic mobile terminal that complies with the Specification, as this term is specified hereafter. "Specification" means the requirements that the terminal and/or equipment need to comply with to be able to download the Software and to access the Services. "Blacktouch" means Blacktouch SARL, a French company, whose head offices are located at 45 boulevard George Clemenceau, 92400 Courbevoie, France.

2. Software License

   As long as you comply with the terms of this Agreement, Blacktouch grants to you a non-exclusive, free of charge, license to Use the Software in accordance with the terms described in the Documentation to access the Services.

   1. General Use. You may install and Use a copy of the Software on your Terminal.
   2. Server Use. Subject to the terms of this Agreement, you may install several copies of the Software on a computer file within your internal network for the sole and exclusive purpose of using the Software on your Terminal. No other server, computer or network use of the Software is permitted.
   3. No Modification. You may not alter or modify the Software. The Software is licensed and distributed by Blacktouch, free of charge, exclusively for viewing, distributing and sharing the Services.
3. Intellectual Property Ownership, Copyright Protection

   The Software and any authorized copies that you make are the intellectual property of and are owned by Blacktouch. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Blacktouch. The Software is protected by law, including without limitation the copyright laws of France and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Blacktouch.

4. Restrictions
   1. Notices. You shall not copy the Software except as set forth in section 2. Any copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.
   2. No Modifications. You shall not modify, adapt or translate the Software. You shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so only in order to achieve operability of the Software with another software program, and you have first requested Blacktouch to provide the information necessary to achieve such operability and Blacktouch has not made such information available. Blacktouch has the right to impose reasonable conditions and request a reasonable fee for providing such information. Any such information supplied by Blacktouch and any information obtained by you by such permitted decompilation may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to the Blacktouch Support Department.
   3. Transfer. You may not, rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another user's Terminal or computer.
5. Updates

   You acknowledge that Blacktouch may have to download new versions of the Software to enable the Services to work properly and you agree to let Blacktouch download the new versions directly. You agree that by Using an Update you voluntarily terminate your right to use any previous version of the Software.

6. NO WARRANTY

   The Software is being delivered to you "AS IS" and Blacktouch makes no warranty as to its use or performance or as to the compatibility of the Software with any terminal or computer (including the Terminal, as defined above). BLACKTOUCH DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, BLACKTOUCH MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 6 and Section 7 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.

7. LIMITATION OF LIABILITY

   IN NO EVENT WILL BLACKTOUCH BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A BLACKTOUCH REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. BLACKTOUCH'S AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE EURO. Nothing contained in this Agreement limits Blacktouch's liability to you in the event of death or personal injury resulting from Blacktouch's negligence or for the tort of deceit (fraud).

8. Export Rules

   You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by any applicable export laws, restrictions or regulations (the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.

9. Governing Law

   This Agreement will be governed by and construed in accordance with the substantive laws in force in France, whatever country you are in when the Software is obtained. The courts of Nanterre shall each have an exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by any conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

10. General Provisions

    If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Blacktouch. Updates may be licensed to you by Blacktouch with additional or different terms. This is the entire agreement between Blacktouch and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.

If you have any questions regarding this Agreement or if you wish to request any information from Blacktouch please use the address and contact information included with this product to contact the Blacktouch support department: http://www.piconews.com.

Blacktouch is a registered trademark of Blacktouch SARL in France and/or other countries.

Welcome to Blacktouch. BY ACTIVATING OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF SERVICES ("T&C's"). PLEASE READ THESE T&C's CAREFULLY. IF YOU DO NOT AGREE TO THESE T&C's, DO NOT ACTIVATE OR USE THE SERVICE.

We have defined in these T&C's your agreement with Blacktouch SARL ("Blacktouch" "we" or "us") for accessing your Web Content thanks to the Service that we provide.

You have decided to activate or use the Piconews services (the "Service") that will allow you to access your preferred third party web content such as news, economics or sports headlines (the "Web Content"). The Service has been designed to enable you to access, in a format compatible with your mobile or wireless terminal (the "Terminal"), the Web Content (i) that you have selected within the available Web Content, as specified on our website at the following URL: http://www.piconews.com, and (ii) that will be downloaded regularly to your Terminal. You acknowledge that the Web Content is made available by third parties to end-users only for their personal and non-commercial use and is, also, subject to copyright protection. You further agree that the Service does not provide you with any wireless, mobile or internet connectivity and, therefore, that you must subscribe, at your own cost, to such services if you want to access the Service. You understand that you are not entitled to use the Web Content in contravention to the conditions set forth by the copyright owners. For your easy reference to these conditions, the Service refers specifically to the information sources.

Accessing the Service requires a prior registration with Blacktouch. After having carefully reviewed the following T&C, please proceed with your registration at the following URL: http://www.piconews.com. During the registration process, you will eventually have to select a subscription plan among the available options. Your registration and the corresponding payment will occur after the defined trial period (the "Trial Period"), if any, expires.

You acknowledge that the registration process, the subscription plan and the feature information available on our website regarding the Service are a part of our agreement and are incorporated by reference into these T&C's (all together are referred to as the "Agreement"). The T&C's may be updated by us from time to time without notice. You can review the most updated version of the T&C's at our website at the following URL: http://www.piconews.com/license.php.

1. Acceptance of Agreement

   You accept this Agreement by: (i) completing the registration form; and (ii) continuing Use of the Service after the expiration of the Trial Period, if any. Before completing the registration process, you must ensure that you have subscribed a wireless, mobile and/or Internet access with your mobile or wireless telecommunication operator (the "Operator"). You will find on our website at the following URL (http://www.piconews.com) information regarding the type of wireless, mobile and/or Internet access that you must have in order to optimise the Service. Blacktouch shall not accept any liability nor shall agree to reimburse any charge paid for the Service based on the absence of an appropriate wireless, mobile or internet access.

2. Changes to the Agreement or Charges

   EXCEPT TO THE EXTENT PROHIBITED BY LAW, IF WE: (A) INCREASE THE CHARGES INCLUDED IN YOUR SUBSCRIPTION PLAN, OR (B) MODIFY A MATERIAL TERM OF OUR AGREEMENT WITH YOU AND THE MODIFICATION WOULD BE MATERIALLY ADVERSE TO YOU, WE WILL NOTIFY YOU OF THE INCREASE OR MODIFICATION AND YOU CAN CANCEL THAT SERVICE WITHOUT PAYING A CANCELLATION FEE (WHICH IS YOUR ONLY REMEDY) BY FOLLOWING THE CANCELLATION INSTRUCTIONS IN THE NOTICE, IF ANY, OR IN OUR WEBSITE. IF YOU DO NOT CANCEL YOUR SERVICE BY FOLLOWING THOSE INSTRUCTIONS, OR YOU OTHERWISE ACCEPT THE CHANGE, THEN YOU AGREE TO THE INCREASE OR MODIFICATION. IF THE NOTICE DOES NOT SAY HOW LONG YOU HAVE TO CANCEL, THEN IT IS WITHIN 14 DAYS AFTER THE DATE OF THE NOTICE, UNLESS A LONGER PERIOD IS REQUIRED BY LAW.

3. Term; Cancellation of Service

   This Agreement is entered for the period that you have selected for your subscription plan ("Term"). You may cancel Service for any reason by providing a notice in accordance with the procedure described on our website, which cancellation will take effect on or before the beginning of the next billing cycle after the notice date, if you access the service for a fee, or immediately otherwise. We may suspend or terminate your Service for any reason or no reason upon 3 days notice (unless a longer period is required by law). If you breach the Agreement, we may suspend or terminate your Service immediately without prior notice (except to the extent prohibited by law). You breach the Agreement by: (a) failing to pay any sum when due; and (b) failing to comply with any provision in this Agreement.

4. Service Availability and Limits

   Your Terminal operates as a RSS loader and Service is only available when your Terminal is within range of an antenna or a system providing Service. Actual service area, coverage and quality may vary and change depending of your mobile or wireless telecommunication operator and/or underlying carrier or service provider. Reception of Services may be interrupted, dropped, refused, or limited. We are not responsible for the telecommunication networks coverage and the consequences thereof.

5. Use of Service

   The Service requires the prior downloading and installation of the Blacktouch Piconews software (the "Software"). Any attempt to use the Service without the Software is prohibited. For downloading the Software and accessing the Service, please visit our website at the following URL: http://www.piconews.com/download.php. You may not use, or attempt to use, the Service, from a PC or any device other than a Terminal or for any fraudulent, unlawful, improper, harmful or abusive purpose ("Improper Uses"), or so as to adversely or negatively impact our customers, ability to provide quality service, reputation, or network, or any other person.

6. Changes to Your Account

   If you give your personal account access information to someone, they can access and make changes to your account just as you can. We will not be responsible if this happens. You may request to switch to another subscription plan in accordance with the information provided onto our website.

7. Billing, Charges and Late Fees

   You will eventually be charged for Service, on a prepaid basis, in accordance with the subscription plan that you have selected. Charges will be either in euros or in dollars or in any other currency that we agree, as specified onto our website. Prepaid Service is non-refundable, and no refunds or other compensation will be given for unused Service. Applicable Taxes, if any, will be included in your prepaid charges. We will provide you with any information on any applicable Taxes, if any, during the registration process. You are also responsible for all fees and charges levied upon by your Operator. The regular downloading of information concerning your Web Content may increase the fees and charges that you must pay to your Operator.

8. Disclaimer of Warranties

   EXCEPT FOR ANY OTHER WRITTEN WARRANTY THAT MAY BE PROVIDED, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS," "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMIT, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. ANY STATEMENTS MADE IN OTHER DOCUMENTS, OR BY ANY OF OUR DISTRIBUTORS, ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT WARRANTIES BY US OF ANY KIND.

9. Limitation of Liability

   We are not liable to you, other users of your Terminal or third parties for any deficiency in performance or quality, caused in whole or in part by an act or omission of your mobile or wireless telecommunication operator, an underlying carrier or service provider, the non-availability of the Web Content, messaging community, distributor, terminal or equipment failure, discontinuation of Service, or network problems, lack of coverage or network capacity, the failure of an incoming or outgoing downloading of information, or causes beyond our reasonable control. EVEN IF BLACKTOUCH HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, BLACKTOUCH WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, TREBLE, SPECIAL OR CONSEQUENTIAL DAMAGES; OR ANY DAMAGES WHATSOEVER ARISING FROM INTERRUPTION OR FAILURE OF SERVICE, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO UNAUTHORIZED ACCESS OR DUE TO VIRUSES.

   THE MAXIMUM AGGREGATE LIABILITY OF BLACKTOUCH TO YOU, AND THE EXCLUSIVE REMEDY AVAILABLE IN CONNECTION WITH THE AGREEMENT FOR ANY AND ALL DAMAGES, INJURY OR LOSSES ARISING FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RELATED TO SERVICE, SHALL BE A REFUND OR REBATE OF THE LAST PRORATED SUBSCRIPTION FEE YOU PAID OR OWE US FOR THE APPLICABLE SERVICE. YOU MAY IN ADDITION DECIDE TO CANCEL SERVICE IN ACCORDANCE WITH SECTION 3 ABOVE.

10. Privacy

    Mobile and Wireless systems use complex systems and networks to transmit communications over a complex network. We do not guarantee that your communications using the Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service. We may list your name and address in a published directory with your consent. For more information on our privacy policies, please see our privacy notice at http://www.blacktouch.com/policy.php.

11. Severability and Survivability

    All terms and conditions of these T&C's are independent of each other and if any provision of these T&C's is held to be inapplicable or unenforceable, then that term or provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms or provisions remaining in full force and effect.

12. Entire Agreement/Applicable Law/Venue/Miscellaneous

    This Agreement represents the final and entire agreement between you and us regarding the Service. Electronic images of the Agreement will be considered originals. You acknowledge that you have not relied on any other representations not specifically included in this Agreement. If we don't enforce our rights under any of the provisions of the Agreement, we may still require strict compliance in the future. You represent that you are of legal age and have the legal capacity to enter into this Agreement. If you are contracting on behalf of a company, you represent that you are authorized to enter into this Agreement and agree to be personally liable for all accounts if you are not so authorized. This Agreement will be governed by and construed in accordance with the substantive laws in force in France, wherever the country you are when the Service is obtained. The courts of Nanterre shall each have an exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by any conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.