1 No Warranties: THE PEAK VOIZ SOFTWARE IS PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER; PEAK VOIZ DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE PEAK VOIZ SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. PEAK VOIZ FURTHER DOES NOT REPRESENT OR WARRANT THAT THE PEAK VOIZ SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES PEAK VOIZ WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE PEAK VOIZ SOFTWARE.

2 Specific Disclaimer Of Liability For Emergency Services: PEAK VOIZ DOES NOT PROVIDE CONNECTIONS TO EMERGENCY SERVICES VIA THE PEAK VOIZ SOFTWARE. NEITHER PEAK VOIZ NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO YOUR INABILITY TO USE THE PEAK VOIZ SOFTWARE TO CONTACT EMERGENCY SERVICES, AND YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES IN ACCORDANCE WITH THIS PARAGRAPH. WE ALSO DO NOT SERVE AS A REPLACEMENT TO FIRST LINE REPLACEMENT SERVICES. OUR SERVICE IS AVAILABLE AROUND THE WORLD AND CAN BE USED TO MAKE CALLS AROUND THE WORLD. HOWEVER IF THERE IS ANY COUNTRY OR DESTIONATION IN WHICH YOU CANNOT MAKE OR RECEIVE CALLS, PEAK VOIZ OWNS NO RESPONSIBILITY FOR THE SAME. CALLING RATES TO INTERNATIONAL DESTINATIONS MAY CHANGE DUE TO MARKET FLUCTATIONS AND GOVERNMENT RULINGS. NEW CALLING RATES COME IN PLACE IMMEDIATELY WITHOUT ANY ADVANCE WARNINGS AND PEAK VOIZ WILL ALWAYS BILL YOU ACCORDING TO THE LATEST UPDATED CALLING RATES. ALL PEAK VOIZ USERS MUST KEEP THEMSELVES UPDATED OF THE LATEST CALLING RATES AT ALL POINTS OF TIME.

3 Your own Risk: YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PEAK VOIZ SOFTWARE REMAINS WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY THE LAW. IF ANY PART OF THIS SERVICE IS PROHIBITED IN YOUR COUNTRY, PEAK VOIZ IS NOT RESPONSIBLE FOR ANY ACCOUNT TAKEN AND UNUTILIZED. PLEASE CHECK WITH THE LAWS OF YOUR COUNTRY BEFORE YOU USE OUR VOIP SERVICE. PEAK VOIZ CAN AND MUST NOT BE USED TO ENCOURAGE OR SUPPORT ANY TERRORIST ACITIVITY OF ANY KIND. WE WILL HAND OVER INFORMATION ABOUT SUCH USAGE, IF DETECTED, IMMEDIATELY TO THE CONCERNED AUTHORITIES.

4 No Liability: YOU ACKNOWLEDGE AND AGREE THAT PEAK VOIZ, ITS AFFILIATES, ITS LICENSORS AND THE PEAK VOIZ STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE PEAK VOIZ SOFTWARE, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE PEAK VOIZ SOFTWARE IS TO IMMEDIATELY UNINSTALL AND CEASE USE OF SUCH PEAK VOIZ SOFTWARE.

5 Limitation of Liability: IN NO EVENT SHALL PEAK VOIZ, ITS AFFILIATES, ITS LICENSORS OR THE PEAK VOIZ STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR:

5.1 ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE PEAK VOIZ SOFTWARE; AND

5.2 ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE PEAK VOIZ SOFTWARE; 5.3 ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF;

(I) ANY DISRUPTIONS OR DELAYS IN ANY COMMUNICATION WHEN USING THE PEAK VOIZ SOFTWARE;
(II) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY PEAK VOIZ FOR ANY REASON; AND
(III) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE PEAK VOIZ SOFTWARE TO YOU.

6 THE LIMITATIONS ON PEAK VOIZ'S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT PEAK VOIZ, ITS AFFILIATES OR THE PEAK VOIZ STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.

7 NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF PEAK VOIZ FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF PEAK VOIZ, THE PEAK VOIZ STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

8 Jurisdiction's Limitations: AS SOME JURISDICTIONS DO NOT ALLOW SOME OF THE EXCLUSIONS OR LIMITATIONS AS SET FORTH ABOVE, SOME OF THE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH EVENT THE LIABILITY WILL BE LIMITED TO THE MAMAXIMUM EXTENT POSSIBLE WITHIN THE APPLICABLE LEGISLATION.