Sharp OMPB10ZU Legal Information, KIN terms of service, KIN Software Definition, License Grant

LEGAL INFORMATION

KIN terms of service

This KIN Terms of Service (the “Agreement”) between you and Microsoft Corporation (“Microsoft”) supplements the Microsoft Service Agreement for Windows Live (“Windows Live Agreement”). In order to use the KIN Service (defined below), you must have a valid Windows Live ID and have agreed to the Windows Live Agreement.

Please carefully read this Agreement before you use your wireless device (“Device”). Your use of the Device or the data services for the Device (“KIN Service”) shall constitute your binding acceptance of all of the terms and conditions of this Agreement and the Windows Live Agreement. This Agreement and the Windows Live Agreement govern your use of the KIN Service and any other services offered in conjunction with the KIN Service. Any references in the Windows Live Agreement to ‘software’ or ‘service(s)’ shall include the KIN Software and KIN Service. You may be prompted to accept additional contract terms that govern your installation and use of other software or services offered as a part of the KIN Service. If any terms of this Agreement conflict with the terms of any other contract for use of other software or services offered with the KIN Service, the terms of this Agreement shall apply. Microsoft reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy referenced herein at any time and in its sole discretion. You may access this Agreement at http://www.KIN.com/footer/en-us/tos.aspx. If the Agreement is changed, we will post the new terms to such webpage. Any changes or modifications will be effective upon posting, and your continued use of the KIN Service or KIN Software (defined below) after the posting of such changes shall constitute your binding acceptance of the Agreement as revised.

1.KIN Software

1.1.Definition

“KIN Software” means any software, in executable code form, owned by Microsoft (or software owned by third parties which Microsoft has the right to distribute or sublicense) and either pre- loaded on the Device at the time of manufacture or otherwise furnished to you by Microsoft in its sole discretion. “KIN Software” includes the KIN operating system and applications, including any and all updates to the same.

1.2. License Grant

Microsoft grants you the right to utilize KIN Software solely in connection with your authorized use of the Device.

1.3. Third-Party Software

You understand and agree that in addition to the KIN Software, the Device may contain certain third- party software (“Third-Party Software”), the use of which may be subject to separate license

134 ONE User Guide - R1.0 - April 21, 2010