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END USER AGREEMENT

1.    General

1.1    These Terms of Use (these “Terms of Use”) applies to the use of Voddler Sweden AB’s Video on Demand service (the “Service”).

1.2    The Service is provided by Voddler Sweden AB, Packhusgränd 7, 11130 Stockholm, Sweden (“Voddler”).

1.3    By using the Service you agree to be bound by these Terms of Use. Voddler reserves the right, at its full discretion, to modify these Terms of Use at any time. Such modification enters into force when published on www.voddler.com (the “Website”) or communicated to you in any other appropriate manner. Your continued use of the Service after such modification is valid as consent thereto. Do check the Website regularly to verify whether these Terms of Use have been modified. If you do not accept to abide by these Terms of Use you may not use the Service or access any Content.

1.4    If you are under 18 years of age you must have the permission from your parent or guardian to use the Service. By using the Service, you represent and warrant that you are at least 18 years old or have permission from your parent or guardian. As a parent you are recommended to supervise your child's activity on the Internet.

1.5    Any translation of these Terms of Use from English into another language is made only for convenience purposes and the translation will not be a valid contract. At all times will the English version be the prevailing one and the version valid as agreement and Terms of Use.

2.    The Service

2.1    The Service is a Video on Demand service, by which Voddler makes available and digitally dis¬¬tri¬butes movies and other media content (collectively as well as any part thereof “Content”) to individual consumers for private use, under the terms and conditions as set out in these Terms of Use. You access the Service and the Content through a media player (the “Player”), which you download from the Website and install on your computer.

2.2    Depending on which part of the Service you order you can access different content and different features for different periods of time.

2.3    Some parts of the Service are available against a fee and some parts of the Service are available free of charge. Fees for different parts of the Service apply according to what is set out on the Website or elsewhere in the Service at the time of your order of the respective part of the Service.

2.4    Payment for the Service shall be made in accordance with instructions set out on the Website or elsewhere in the Service at the time of your order of the respective part of the Service.

2.5    Term and termination for the part of the Service that you order apply according to information set out on the Website or elsewhere in the Service at the time of your order of the respective part of the Service.

2.6    The assortment of Content may be amended at all times by Voddler, with or without any notice to you. You accept that the Content that is available when you order parts of the Service might not be available at a later stage.

2.7    You find more extensive descriptions of the Service, its fees and its different functionalities on the Website.

3.    How to Use the Service

3.1    In order to use the Service you need to download and install VoddlerNet™ and the Player, which are both available on the Website, and agree to abide by the license agreements and the terms of use regarding VoddlerNet™ and the Player, which are available during the installation process. You are required to download and install the most recent version of VoddlerNet™ and the Player in order to use the Service. The latest version of VoddlerNet™ and the Player may only be acquired via the Website.

3.2    In order to use the Service you also need hardware, software and Internet connection with certain requirements, which are specified on the Website. Voddler is not responsible for the provision of such hardware, software or Internet connection.

3.3    In order to use the Service you must create a personal account and register as user by following the instructions on the Website. Your account will contain basic account information including username and password. The password you choose must be a unique and distinct password. You are responsible for your username and password and should never give out your password to anyone else. You may not select or use an identity of another person with the intent to impersonate that person. You must use a valid e-mail address and Voddler reserves the right to test and to verify this at any time. You are not allowed to have more than one account. It is prohibited to agree with third parties upon the transfer, the utilization or the provision of accounts, resources or access data.

4.    Intellectual Property Rights

4.1    Under the condition that you have paid the applicable fees for the Service and subject to these Terms of Use, Voddler grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable right to view, and privately display for non-commercial, private use, the Content included in your order, by using the Player to display the Content as the Content is streamed by the Service over the Internet to the Player. The display of the content is further limited to private viewing in your private home or apartment by you and your family and friends without any fee or other consideration charged or received by you.

4.2    You may not use, transfer, display, perform or otherwise make the Content available except as expressly permitted in these Terms of Use. For example, without limitations, you may not: (a) sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any access or right to the Content to any third party; (b) copy, transmit, distribute or upload the Content, regardless whether a fee is charged or not; (c) display the Content in a commercial establishment or in a public accommodation, regardless whether a fee is charged or not; (d) attempt to disable, bypass, modify, defeat or otherwise circumvent any digital rights management system used as part of the Service or the Content; (e) use the Service or the Content for any commercial or illegal activities.

4.3    The Content and all other content available through the Service and on the Website, including designs, text, graphics, pictures, videos, information, applications, software, music, sound and other files, are the proprietary property of Voddler or its licensors. Except for the rights expressly granted to you in these Terms of Use, no right to the Service or the Content is assigned to you, and all right, title and interest in the Service and the Content are reserved and retained by Voddler and its licensors. Voddler or its licensors do under no circumstances transfer any right, title or interest in the Content to you, and you do not acquire any ownership rights to the Service or the Content as a result of receiving the digital distribution of the Content. The rights regarding VoddlerNet and the Player are further set forth in their separate license agreements.

5.    Use of Computer Resources

5.1    You agree that Voddler has the right to allow the Service to make use of the storage hardware, processor and bandwidth on your Internet connection, computer, game console, work station or similar media device. However, this may only be done to facilitate the process, functions and operations of the network to which the Service is connected and runs as well as to facilitate the transmissions and communications of data or other features to you as well as to others who use the Service.

5.2    If you are connected to the Internet in a foreign country the Service may still make use of the storage hardware, processor and bandwidth on your Internet connection, computer, game console, work station or similar media device. As a consequence extra charges from your Internet Service Provider ("ISP") may be brought on you. Check with your ISP for further details. By using the Service you agree to take responsibility for these extra charges towards your ISP and you agree to indemnify Voddler for any third party claims due to the extra charges from your ISP referable to you.

6.    Advertisement

6.1    You accept that you may be exposed to commercial messages and advertisement when using the Service, including when viewing the Content.

7.    Support

7.1    You will find answers to the most frequently asked questions about the Service on the Website. You are always welcome to contact Voddler on Help & Support.

8.    Privacy and Personal Data

8.1    You agree that Voddler has the right to collect and process personal data about you and your use of the Service in accordance with Voddler’s Privacy Policy applicable from time to time. Voddler’s applicable Privacy Policy is available on the Website.

9.    Service Level and Liability

9.1    Voddler will make reasonable efforts to keep the Service operational. However, technical problems or maintenance may, from time to time, result in interruptions.

9.2    If the Service is not available and such unavailability is due to a fault of Voddler, you have the right to repayment of the proportion of the paid fee that corresponds to the time that the Service has been unavailable, under the condition that the fee to be repaid exceeds SEK 25. Instead of giving you a refund, Voddler has the right to compensate you with free access to the Service corresponding to the time that the Service has been unavailable. If you want to claim a refund or other compensation, you must make the claim at the latest within 14 days from the time of the Service’s unavailability. Notwithstanding anything set out in this clause or elsewhere in these Terms of Use, Voddler is not responsible for unavailability or deficiencies of the Services caused by you, deficiencies in the Internet access or any other event beyond Voddler’s control.

9.3    Voddler will from time to time carry out updates and mainten¬ance of the Service, during which the Service might be unavailable. Voddler will try to arrange updates and maintenance outside of peak usage hours. Notwithstanding anything set out in clause 9.2 or elsewhere in these Terms of Use, unavailability due to updates and maintenance do not entitle you to any refunds or other compensation.

9.4    The Service is provided “as is” and there is no warranty, expressed or implied, as regards to the availability, fitness for purpose, Content or other data provided and the quality of the Service. You also acknowledge that freedom from program errors cannot be obtained in the software industry.

9.5    APART FOR WHAT IS SET OUT IN CLAUSE 9.2, VODDLER (INCLUDING, BUT NOT LIMITED TO, AFFILIATED COMPANIES AND THEIR CONTRACTORS, OFFICERS, DIRECTORS AND EMPLOYEES) OR  ITS LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES AS A CONSEQUENCE OF SHUTDOWN, LOSS OF OR EFFECT ON DATA, LOSS OF PROFIT, AND CLAIMS FOR DAMAGES BY A THIRD PARTY OR OTHER INDIRECT INJURY.

9.6    Voddler reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, functions and features of the Service with or without notice, and Voddler shall have no liability to you if Voddler exercises such rights.

10.    Indemnity

10.1    Upon request by Voddler, you agree to indemnify, defend and hold Voddler harmless (including, but not limited to, affiliated companies and their contractors, officers, directors and employees) from all claims, liabilities and expenses (including reasonable attorney's fees) that arise from your misuse of the Service in a manner not in strict conformance with these Terms of Use.

10.2    Furthermore, Voddler reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. However, in which event you accept to cooperate with Voddler in asserting any available defenses.

11.    Additional Terms

11.1    If you violate any of the terms or conditions in these Terms of Use or the license agreements regarding VoddlerNet and the Player, your right to use the Service and access Content will immediately terminate without refund of any fees.

11.2    You agree to use the Service at your own risk, understanding that by using the Service, you may encounter Content that may be deemed offensive, indecent, abusive, de¬fama¬tory, harassing, threatening, malicious or objectionable. Voddler shall have no liability to you for such Content. Content types and descriptions, such as genres, categories etc, are provided for your convenience only and Voddler does not guarantee their accuracy.

12.    Assignment

12.1    Voddler is entitled to in whole or in part assign its rights and obligations under these Terms of Use to a third party.

13.    Partial Invalidity

13.1    If any provision of these Terms of Use shall be invalid or unenforceable, at any time or to any extent, then the remainder of these Terms of Use shall not be affected thereby. Each provision of these Terms of Use shall be valid and enforced to the fullest extent permitted by law.

14.    Law and Dispute Resolution

14.1    Swedish law shall apply to these Terms of Use except with regard to principles on conflict of laws. Any dispute, controversy or claim arising out of or in connection with these Terms of Use, or the breach, termination or invalidity thereof, shall be determined by Swedish courts of general jurisdiction where the district court of Stockholm (sw: Stockholms tingsrätt) shall be the court of first instance.

14.2    Voddler has the right regarding illegal copying or distribution of the Content or the Service to the public, to instigate proceedings for damages or injunctions in any court having jurisdiction.

* * * *
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END USER AGREEMENT

1.    General

1.1    These Terms of Use (these “Terms of Use”) applies to the use of Voddler Sweden AB’s Video on Demand service (the “Service”).

1.2    The Service is provided by Voddler Sweden AB, Packhusgränd 7, 11130 Stockholm, Sweden (“Voddler”).

1.3    By using the Service you agree to be bound by these Terms of Use. Voddler reserves the right, at its full discretion, to modify these Terms of Use at any time. Such modification enters into force when published on www.voddler.com (the “Website”) or communicated to you in any other appropriate manner. Your continued use of the Service after such modification is valid as consent thereto. Do check the Website regularly to verify whether these Terms of Use have been modified. If you do not accept to abide by these Terms of Use you may not use the Service or access any Content.

1.4    If you are under 18 years of age you must have the permission from your parent or guardian to use the Service. By using the Service, you represent and warrant that you are at least 18 years old or have permission from your parent or guardian. As a parent you are recommended to supervise your child's activity on the Internet.

1.5    Any translation of these Terms of Use from English into another language is made only for convenience purposes and the translation will not be a valid contract. At all times will the English version be the prevailing one and the version valid as agreement and Terms of Use.

2.    The Service

2.1    The Service is a Video on Demand service, by which Voddler makes available and digitally dis¬¬tri¬butes movies and other media content (collectively as well as any part thereof “Content”) to individual consumers for private use, under the terms and conditions as set out in these Terms of Use. You access the Service and the Content through a media player (the “Player”), which you download from the Website and install on your computer.

2.2    Depending on which part of the Service you order you can access different content and different features for different periods of time.

2.3    Some parts of the Service are available against a fee and some parts of the Service are available free of charge. Fees for different parts of the Service apply according to what is set out on the Website or elsewhere in the Service at the time of your order of the respective part of the Service.

2.4    Payment for the Service shall be made in accordance with instructions set out on the Website or elsewhere in the Service at the time of your order of the respective part of the Service.

2.5    Term and termination for the part of the Service that you order apply according to information set out on the Website or elsewhere in the Service at the time of your order of the respective part of the Service.

2.6    The assortment of Content may be amended at all times by Voddler, with or without any notice to you. You accept that the Content that is available when you order parts of the Service might not be available at a later stage.

2.7    You find more extensive descriptions of the Service, its fees and its different functionalities on the Website.

3.    How to Use the Service

3.1    In order to use the Service you need to download and install VoddlerNet™ and the Player, which are both available on the Website, and agree to abide by the license agreements and the terms of use regarding VoddlerNet™ and the Player, which are available during the installation process. You are required to download and install the most recent version of VoddlerNet™ and the Player in order to use the Service. The latest version of VoddlerNet™ and the Player may only be acquired via the Website.

3.2    In order to use the Service you also need hardware, software and Internet connection with certain requirements, which are specified on the Website. Voddler is not responsible for the provision of such hardware, software or Internet connection.

3.3    In order to use the Service you must create a personal account and register as user by following the instructions on the Website. Your account will contain basic account information including username and password. The password you choose must be a unique and distinct password. You are responsible for your username and password and should never give out your password to anyone else. You may not select or use an identity of another person with the intent to impersonate that person. You must use a valid e-mail address and Voddler reserves the right to test and to verify this at any time. You are not allowed to have more than one account. It is prohibited to agree with third parties upon the transfer, the utilization or the provision of accounts, resources or access data.

4.    Intellectual Property Rights

4.1    Under the condition that you have paid the applicable fees for the Service and subject to these Terms of Use, Voddler grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable right to view, and privately display for non-commercial, private use, the Content included in your order, by using the Player to display the Content as the Content is streamed by the Service over the Internet to the Player. The display of the content is further limited to private viewing in your private home or apartment by you and your family and friends without any fee or other consideration charged or received by you.

4.2    You may not use, transfer, display, perform or otherwise make the Content available except as expressly permitted in these Terms of Use. For example, without limitations, you may not: (a) sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any access or right to the Content to any third party; (b) copy, transmit, distribute or upload the Content, regardless whether a fee is charged or not; (c) display the Content in a commercial establishment or in a public accommodation, regardless whether a fee is charged or not; (d) attempt to disable, bypass, modify, defeat or otherwise circumvent any digital rights management system used as part of the Service or the Content; (e) use the Service or the Content for any commercial or illegal activities.

4.3    The Content and all other content available through the Service and on the Website, including designs, text, graphics, pictures, videos, information, applications, software, music, sound and other files, are the proprietary property of Voddler or its licensors. Except for the rights expressly granted to you in these Terms of Use, no right to the Service or the Content is assigned to you, and all right, title and interest in the Service and the Content are reserved and retained by Voddler and its licensors. Voddler or its licensors do under no circumstances transfer any right, title or interest in the Content to you, and you do not acquire any ownership rights to the Service or the Content as a result of receiving the digital distribution of the Content. The rights regarding VoddlerNet and the Player are further set forth in their separate license agreements.

5.    Use of Computer Resources

5.1    You agree that Voddler has the right to allow the Service to make use of the storage hardware, processor and bandwidth on your Internet connection, computer, game console, work station or similar media device. However, this may only be done to facilitate the process, functions and operations of the network to which the Service is connected and runs as well as to facilitate the transmissions and communications of data or other features to you as well as to others who use the Service.

5.2    If you are connected to the Internet in a foreign country the Service may still make use of the storage hardware, processor and bandwidth on your Internet connection, computer, game console, work station or similar media device. As a consequence extra charges from your Internet Service Provider ("ISP") may be brought on you. Check with your ISP for further details. By using the Service you agree to take responsibility for these extra charges towards your ISP and you agree to indemnify Voddler for any third party claims due to the extra charges from your ISP referable to you.

6.    Advertisement

6.1    You accept that you may be exposed to commercial messages and advertisement when using the Service, including when viewing the Content.

7.    Support

7.1    You will find answers to the most frequently asked questions about the Service on the Website. You are always welcome to contact Voddler on Help & Support.

8.    Privacy and Personal Data

8.1    You agree that Voddler has the right to collect and process personal data about you and your use of the Service in accordance with Voddler’s Privacy Policy applicable from time to time. Voddler’s applicable Privacy Policy is available on the Website.

9.    Service Level and Liability

9.1    Voddler will make reasonable efforts to keep the Service operational. However, technical problems or maintenance may, from time to time, result in interruptions.

9.2    If the Service is not available and such unavailability is due to a fault of Voddler, you have the right to repayment of the proportion of the paid fee that corresponds to the time that the Service has been unavailable, under the condition that the fee to be repaid exceeds SEK 25. Instead of giving you a refund, Voddler has the right to compensate you with free access to the Service corresponding to the time that the Service has been unavailable. If you want to claim a refund or other compensation, you must make the claim at the latest within 14 days from the time of the Service’s unavailability. Notwithstanding anything set out in this clause or elsewhere in these Terms of Use, Voddler is not responsible for unavailability or deficiencies of the Services caused by you, deficiencies in the Internet access or any other event beyond Voddler’s control.

9.3    Voddler will from time to time carry out updates and mainten¬ance of the Service, during which the Service might be unavailable. Voddler will try to arrange updates and maintenance outside of peak usage hours. Notwithstanding anything set out in clause 9.2 or elsewhere in these Terms of Use, unavailability due to updates and maintenance do not entitle you to any refunds or other compensation.

9.4    The Service is provided “as is” and there is no warranty, expressed or implied, as regards to the availability, fitness for purpose, Content or other data provided and the quality of the Service. You also acknowledge that freedom from program errors cannot be obtained in the software industry.

9.5    APART FOR WHAT IS SET OUT IN CLAUSE 9.2, VODDLER (INCLUDING, BUT NOT LIMITED TO, AFFILIATED COMPANIES AND THEIR CONTRACTORS, OFFICERS, DIRECTORS AND EMPLOYEES) OR  ITS LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES AS A CONSEQUENCE OF SHUTDOWN, LOSS OF OR EFFECT ON DATA, LOSS OF PROFIT, AND CLAIMS FOR DAMAGES BY A THIRD PARTY OR OTHER INDIRECT INJURY.

9.6    Voddler reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, functions and features of the Service with or without notice, and Voddler shall have no liability to you if Voddler exercises such rights.

10.    Indemnity

10.1    Upon request by Voddler, you agree to indemnify, defend and hold Voddler harmless (including, but not limited to, affiliated companies and their contractors, officers, directors and employees) from all claims, liabilities and expenses (including reasonable attorney's fees) that arise from your misuse of the Service in a manner not in strict conformance with these Terms of Use.

10.2    Furthermore, Voddler reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. However, in which event you accept to cooperate with Voddler in asserting any available defenses.

11.    Additional Terms

11.1    If you violate any of the terms or conditions in these Terms of Use or the license agreements regarding VoddlerNet and the Player, your right to use the Service and access Content will immediately terminate without refund of any fees.

11.2    You agree to use the Service at your own risk, understanding that by using the Service, you may encounter Content that may be deemed offensive, indecent, abusive, de¬fama¬tory, harassing, threatening, malicious or objectionable. Voddler shall have no liability to you for such Content. Content types and descriptions, such as genres, categories etc, are provided for your convenience only and Voddler does not guarantee their accuracy.

12.    Assignment

12.1    Voddler is entitled to in whole or in part assign its rights and obligations under these Terms of Use to a third party.

13.    Partial Invalidity

13.1    If any provision of these Terms of Use shall be invalid or unenforceable, at any time or to any extent, then the remainder of these Terms of Use shall not be affected thereby. Each provision of these Terms of Use shall be valid and enforced to the fullest extent permitted by law.

14.    Law and Dispute Resolution

14.1    Swedish law shall apply to these Terms of Use except with regard to principles on conflict of laws. Any dispute, controversy or claim arising out of or in connection with these Terms of Use, or the breach, termination or invalidity thereof, shall be determined by Swedish courts of general jurisdiction where the district court of Stockholm (sw: Stockholms tingsrätt) shall be the court of first instance.

14.2    Voddler has the right regarding illegal copying or distribution of the Content or the Service to the public, to instigate proceedings for damages or injunctions in any court having jurisdiction.

* * * *
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