I 
  User license



1 - FINAL END USER LICENSE AGREEMENT

2.1 - MANUFACTURER - Bremer Serviços Empresariais Ltda, registered with the National Directory of Legal Entities (CNPJ/MF) under no. 25.705.088/0001-78, with head office in Belo Horizonte - MG, Brazil, and owner of the "SECVOICE" trademark.
2.2 - MANUFACTURER SITE - Manufacturer WEB address http://www.secvoice.com.br
2.3 - PRODUCT - Computer program called "SecVoice® Secure Phone©".
2.4 - FREEWARE PRODUCT - PRODUCT version free of charge.
2.5 - USER - Individual or legal entity, public or private, who has received from the MANUFACTURER the FREEWARE PRODUCT's Use License.
2.6 - OPERATIONAL ENVIRONMENT - Operational environment where the FREEWARE PRODUCT is executed, as well as all programs necessary so that communications devices, such as modem, may operate.
2.7 - FREEWARE PRODUCT FILES - All MANUFACTURER's files deployed in the OPERATIONAL ENVIRONMENT or downloaded from the MANUFACTURER SITE .
2.8 - ATTACK - A well-structured action made by THIRD PARTY, aiming to break the FREEWARE PRODUCT's safety mechanisms.
2.9 - USER EQUIPMENT - USER's hardware platform where the FREEWARE PRODUCT will be installed.
2.10 - PROGRAMMING ERRORS - Errors in the execution of commands by FREEWARE PRODUCT, errors existent as consequence of human failure at the time of elaboration of the FREEWARE PRODUCT, causing a non-desired functioning of the FREEWARE PRODUCT.
2.11 - VALIDATED HARDWARE DEVICE MODEL - Hardware platform tested and approved by MANUFACTURER for installation of the FREEWARE PRODUCT.
2.12 - BACK DOOR - Any means or artifice deliberately made by such MANUFACTURER or THIRD PARTY, not disclosed to the USER, with the purpose of having access to the encrypting and/or decrypting keys, or even to the content of the information transmitted.
2.13 - THIRD PARTIES - All individual or legal entities, public or private, other than the MANUFACTURER and the USER.
2.14 - UPGRADE - Any new version of a software having the same name, as well as any version modification evidenced by the change of the number characterizing it.

3.1 - The object of this agreement is the non-exclusive Licensing of the use of the FREEWARE PRODUCT that the MANUFACTURER grants to the USER in the conditions agreed below:
3.1.1 - The MANUFACTURER does not transfer the FREEWARE PRODUCT'S ownership to the USER; the Use License will not be considered as a sale of the FREEWARE PRODUCT.
3.1.2 - The MANUFACTURER counts ONE for this non-exclusive Licensing of the use of the FREEWARE PRODUCT for EACH EQUIPMENTwhere the FREEWARE PRODUCT will be used.
3.1.3 - The MANUFACTURER allows to the USER the use of 3 non-exclusive Licensing of the use of the FREEWARE PRODUCT.

4.1 - In case of doubts of interpretation, omission or conflicts between the Clauses and conditions hereof and the documentation (documents, user manual, etc.), including electronic versions, MANUFACTURER's SITE information, declarations, official reports, disclosure or advertising material related to the FREEWARE PRODUCT, the provisions of this instrument shall prevail.

5.1 - The legislation of certain countries forbids the use of such type of FREEWARE PRODUCT or some of its versions. Before downloading the FREEWARE PRODUCT or utilize it, the USER shall verify the laws and regulations of its country.

6.1 - The MANUFACTURER is the owner of the FREEWARE PRODUCT, holding and remaining with all rights upon it, including intellectual, industrial and commercial rights.
6.2 - The Use License, therefore, does not characterize the sale of FREEWARE PRODUCT to the USER. The MANUFACTURER retains the full dominion upon the FREEWARE PRODUCT as well as upon all documentation pertinent to it, whether printed or electronic.
6.3 - The FREEWARE PRODUCT will be distributed to the USER only in the form of executable file, once the user is only acquiring the Use License.
6.4 - The software structure, organization and code will be considered industrial and commercial secrets of the MANUFACTURER.
6.4.1 - The USER, except as expressly authorized herein, may not resale, do leasing, lease, rent, hire, sublicense, distribute, transfer, copy, reproduce, disclose, modify, adapt, decompose, disassemble, utilize reverse engineering or decompile the FREEWARE PRODUCT, wholly or in part, as well practice any act of direct or indirect commercialization.
6.5 - The FREEWARE PRODUCT, as well as all pertinent documentation, whether written or electronic, is protected by the applicable national and international legislation.
6.6 - "SecVoice" is the MANUFACTURER's trade and commercial mark.

7.1 - The USER represents that he has knowledge of, accepts and will follow the licensing instructions available in MANUFACTURER's SITE.

8.1 - The USER is the sole responsible for the FREEWARE PRODUCT's installation in the USER EQUIPMENT.
8.2 - The MANUFACTURER, in no assumption, will install the FREEWARE PRODUCT or test the USER EQUIPMENT.
8.3 - The FREEWARE PRODUCT FILES available in MANUFACTURER's SITE are all MANUFACTURER's files necessary to the utilization of FREEWARE PRODUCT in the USER EQUIPMENT.

9.1 - The FREEWARE PRODUCT was built utilizing a technology which makes difficult for NON-AUTHORIZED PERSONS to have access to the information transmitted among USERS.
9.1.1 - The MANUFACTURER advises that such FREEWARE PRODUCT will only comply with its purposes when utilized among final USERS.
9.2 - The FREEWARE PRODUCT utilizes appropriate and recognized safe tools, and the conception thereof increases safety in the exchange of information among USERS.
9.3 - The MANUFACTURE represents that this FREEWARE PRODUCT was built with the intention of not having any type of BACK DOOR in its code, being such code constantly checked in order to avoid such possibility.

10.1 - The USER shall strictly follow the safety instructions defined in the MANUFACTURER's SITE, in the user manual and those sent by correspondence, since, on the contrary, the USER will be deliberately reducing the FREEWARE PRODUCT's safety.
10.2 - Special attention must be given to the file integrity checking procedures after file transfer between the MANUFACTURER's SITE and the USER.

11.1 - The USER represents that it is aware of the fact that a FREEWARE PRODUCT of such nature, although developed to make access of THIRD PARTIES to information exchanged among USERS difficult, cannot offer absolute safety.
11.2 - Like all computing FREEWARE PRODUCT, this FREEWARE PRODUCT may become obsolete due to technology evolution.
11.3 - The MANUFACTURER warns the USER that this FREEWARE PRODUCT may suffer attempt of ATTACK, and such ATTACKS may occur in several stages of the process:
11.3.1 - In the distribution of the FREEWARE PRODUCT, due to the deliberate alteration of its code in order to weaken the safety thereof.
11.3.2 - During the use of the FREEWARE PRODUCT, with ATTEMPTS aiming interception of data exchanged among USERS.
11.4 - In order to minimize the risks of success of ATTACKS, the user shall strictly follow the instructions provided for in Clause 10.
11.5 - This FREEWARE PRODUCT was developed to be utilized as voice communication among final USERS. The FREEWARE PRODUCT was not developed for other applications (ex. monitoring) which demand high performance reliability and/or may expose persons to danger, provoke physical and/or material damages and endanger the environment.
11.6 - The USER undertakes all risks derived from utilization of the FREEWARE PRODUCT.

12.1 - The communication between MANUFACTURER and USER will be made through e-mail, MANUFACTURER' SITE or another means defined in mutual agreement between the parties.
12.2 - The USER will be liable to periodically consult the MANUFACTURER's SITE to check if there is new information about the FREEWARE PRODUCT and/or messages addressed to it.

13.1 - The FREEWARE PRODUCT will operate in accordance with the specification of the USER manual.
13.2 - The MANUFACTURER is not obigated to correct any PROGRAMMING ERRORS in the FREEWARE PRODUCT.
13.3 - The USER acknowledges and accepts that the state-of-art does not permit the elaboration of computing programs totally free from vices or defects; therefore, as every computing program, this FREEWARE PRODUCT is not free from PROGRAMMING ERRORS or interruptions during its operation.
13.4 - Eventual PROGRAMMING ERRORS which might be detected by USER can be corrected by MANUFACTURER. The corrections could be made available to USER in the MANUFACTURER's SITE.

14.1 - The MANUFACTURER can supply UPGRADES and updates of the FREEWARE PRODUCT, but is not obligated to do that.
14.2 - Any changes made to the Use License Agreement will not affect previous licensing agreements.

15.1 - The MANUFACTURER will make available in the MANUFACTURER' SITE the list of VALIDATED HARDWARE DEVICE MODELS for use of the FREEWARE PRODUCT.
15.2 - In no assumption, the MANUFACTURER may be liable for the performance of the FREEWARE PRODUCT installed in ANY HARDWARE DEVICE MODEL.
15.3 - The MANUFACTURER is not liable for the FREEWARE PRODUCT operation in ANY HARDWARE DEVICE MODEL.

16.1 - The MANUFACTURER is not obligated to fix any problems or upgrade the FREEWARE PRODUCT.
16.2 - The warranties provided herein are the sole warranties granted by MANUFACTURER, being excluded any other warranty, express or implicit.

17.1 - This AGREEMENT may be lawfully terminated, at any time, independently of notice by the MANUFACTURER, without prejudice to pertinent loss and damages, including court costs and attorneys' fees, in case the USER does not comply with any Clause or condition hereof.
17.2 - This AGREEMENT may also be lawfully terminated by MANUFACTURER, in case the user files or shall have filed the dissolution or bankruptcy thereof.
17.3 - In case of termination, the USER shall remove the FREEWARE PRODUCT from the USER EQUIPMENT, eliminating all FREEWARE PRODUCT FILES and all documentation pertinent to the FREEWARE PRODUCT.

18.1 - The USER represents that it has knowledge that a "zero risk" does not exist when utilizing this FREEWARE PRODUCT, and that, in no assumption the USER shall lawfully prosecute the MANUFACTURER claiming rights and/or indemnifications for consequences or direct, indirect, consequential, punitive, incidental, moral damages or loss of profit or any other arisen from the utilization of the FREEWARE PRODUCT, even if the MANUFACTURER has been advised of the possibility of any consequence or damage arisen from the use of the FREEWARE PRODUCT.

19.1 - The FREEWARE version is deployed without cost to the end USER. The total liability of the MANUFACTURER under any provision of this agreement will be limited to the value of US$ 0.01 (one cent of USA dolar) for each company or government.

20.1 - This Agreement will be ruled by the laws of Brazil.
20.2 - The proponent, in this case, the MANUFACTURER, and the USER enter into this agreement in the city of Belo Horizonte - MG, Brazil.

21.1 - The USER represents that it has read, understood and that it accepts all clauses of this Agreement.
21.2 - In case you do not agree with the terms of this Agreement, do not proceed to the use of this FREEWARE PRODUCT.

22.1 - The PARTIES elect the court of the city of Belo Horizonte, Capital, country BRAZIL, as the sole and competent court to settle and judge any doubt, question or conflict derived from this Agreement, waiving any other, however privileged it might be.