eula.txt Driver File Contents (0-0.zip)

ÿþLICENSE AGREEMENT AND PRIVACY STATEMENT

FOR SONDIGO SOFTWARE FOR USE WITH SONDIGO HARDWARE DEVICES

IMPORTANT - READ CAREFULLY: Be sure to carefully read and understand all of the rights and restrictions described in this Sondigo License Agreement ("SLA"). This SLA includes three (3) Parts: 1) the SOFTWARE License and Terms; 2) General Provisions for both the SOFTWARE License and Terms and the Hardware Device; and (3) a Limited Warranty for the SOFTWARE and the Hardware Device.

This SLA is a legal agreement between You (either an individual or a single legal entity who will be referred to in this SLA as "You" and "Your") and Layton Electronics and Networking Limited doing business as Sondigo. The applicable Sondigo audio networking device is called the "Hardware Device" in this SLA. "SOFTWARE" means the software supplied by Sondigo for use with the applicable Hardware Device and includes any associated media (including copies), printed materials and any "online" or electronic documentation or authorized upgrades or supplements from Sondigo for such software. This SLA grants You license rights ONLY if the SOFTWARE is genuine Sondigo SOFTWARE.

Reviewing and Retaining the SLA: Whether You download the SOFTWARE from an authorized web site or You receive it with the Hardware Device, the SOFTWARE will not set up on the Workstation Computer unless or until You agree to this SLA (see below for obtaining a refund if you do not agree). You may print the text of this SLA, or refer to the copy that can be found in the legal information section of the onscreen Help file within the SOFTWARE. PLEASE NOTE: The terms of a paper SLA or a SLA delivered at Your request supersede the terms of any on-screen SLA found within the SOFTWARE.

Your Agreement. BY CLICKING THE "I AGREE" OPTION, BY USING THE HARDWARE DEVICE, OR BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU HAVE AGREED TO BE BOUND BY THIS SLA. Your click of the "I agree" option is a symbol of Your signature and your assent to all parts of this SLA. If You do not want to agree, do not take any of the above actions and return both the Hardware Device and the SOFTWARE to the place where you acquired them for a refund. If you cannot obtain a refund, contact the Sondigo subsidiary serving your country, or visit Sondigo on the World Wide Web at http://www.Sondigo.com.

Part 1: SOFTWARE LICENSE and TERMS

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

GENERAL LICENSE TERMS FOR THE SOFTWARE. This SLA grants You the following rights:

SOFTWARE INSTALLATION AND USE. Except as otherwise expressly provided in this SLA, You may only install, use, access, run, or otherwise interact with ("Run") one copy of the SOFTWARE on a single computer, such as a workstation, terminal, or other digital electronic device ("Workstation Computer") for use with the applicable Hardware Device.

LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

RENTAL. You may not rent or lease or lend the SOFTWARE.

No Independence. The SOFTWARE is licensed for use only with the Hardware Device as a single integrated whole under this SLA. The SOFTWARE may only be used with the Hardware Device, not other devices. The SOFTWARE may not be transferred independently from the Hardware Device.

SOFTWARE TRANSFER. You may permanently transfer all of Your rights under this SLA provided that You retain no copies of the SOFTWARE, You transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this SLA and, if applicable, the Certificate of Authenticity) along with the accompanying Hardware Device, and the recipient agrees to this SLA. If the SOFTWARE portion is an upgrade, any transfer must include all prior versions of the SOFTWARE.

NOT FOR RESALE SOFTWARE. If the SOFTWARE is labeled "Not for Resale" or "NFR", then, notwithstanding other sections of this SLA, You may not resell, or otherwise transfer for value, the SOFTWARE.

Auto Updates. You acknowledge and agree that Sondigo may automatically check the version of the SOFTWARE and/or its components You are utilizing and may provide upgrades and/or supplements to the SOFTWARE and/or its components that will be automatically downloaded to the Workstation Computer, Hardware Device, SOFTWARE and/or all other computers or devices that work with the SOFTWARE. Your use of the SOFTWARE and the related Hardware Device including such upgrade and/or supplement shall be governed by this SLA (as supplemented or modified by any Sondigo SLA that is provided with the upgrade and/or supplement.).

Cancellation. Without prejudice to any other rights, Sondigo may cancel Your rights under this SLA if You fail to comply with its terms and conditions. In such event, You must destroy all copies of the SOFTWARE and all of its component parts.

TRADEMARKS. This SLA does not grant You any rights in connection with any trademarks or service marks of Sondigo or its suppliers.

SUPPORT SERVICES. Sondigo may provide You with support services related to the SOFTWARE and/or Hardware Device ("Support Services"). Use of Support Services is governed by the Sondigo policies and programs described in the user manual, in "online" documentation, and/or other Sondigo-provided materials. Any supplemental SOFTWARE code provided to You as a part of Support Services shall be considered part of the SOFTWARE and subject to the terms of this SLA, except that the Limited Warranty does not apply to Support Services or that supplemental code. With respect to technical information You provide to Sondigo as part of the Support Services, Sondigo may use such information for its business purposes, including for product support and development. Sondigo will not utilize such technical information in a form that personally identifies You.

Reservation of Rights. Sondigo reserves all rights not expressly granted to You in this SLA.

COPYRIGHT. All title and intellectual property rights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by Sondigo or its suppliers. All title and intellectual property rights in and to the content which is not contained in the SOFTWARE but may be accessed through use of the SOFTWARE is the product of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This SLA grants You no rights to use such content. Use of any on-line services which may be accessed through the SOFTWARE may be governed by the respective terms of use relating to such services. If this SOFTWARE contains documentation which is provided only in electronic form, You may print one copy of such electronic documentation. You may not copy the non-electronic materials accompanying the Hardware Device and SOFTWARE. All rights not specifically granted under this SLA are reserved by Sondigo and its suppliers.

Notwithstanding any other provisions in this SLA, You may also Run a copy of the SOFTWARE on any computer, including a workstation, terminal or other digital electronic device (each a "Computer" and collectively the "Computers") that are connected or networked to the applicable Hardware Device.

STORAGE/NETWORK USE. You may store or install a copy of the SOFTWARE on a storage device, such as a network server, used only to Run the SOFTWARE on Your other Computers over an internal network;

BACK-UP COPY. After installation of one copy of the SOFTWARE pursuant to this SLA, You may keep the original media on which the SOFTWARE was provided solely for backup or archival purposes. If the original media is required to use the SOFTWARE on the Computer, You may make one copy of the SOFTWARE solely for backup or archival purposes. It is generally illegal to make unauthorized copies of the SOFTWARE or to circumvent any copy protection technology employed in the SOFTWARE; exceptions can apply in limited circumstances that may or may not apply to you.

BACK-UP UTILITY. If the SOFTWARE includes a Sondigo back-up utility You may use the utility to make the single back-up copy, and after the single back-up copy is made, the backup utility will be permanently disabled. Except as expressly provided in this SLA, You may not otherwise make copies of the SOFTWARE or the printed materials accompanying the SOFTWARE.

LANGUAGE VERSION SELECTION. Sondigo may have elected to provide You with a selection of language versions for one or more of the Sondigo SOFTWARE licensed under this SLA. If the SOFTWARE is included in more than one language version, You are licensed to use only one of the language versions on Your Computer at a time. As part of the setup process for the SOFTWARE You will be given an option to select a language version for set up on the Computer.

Part 2: GENERAL PROVISIONS

The following provisions apply to the SOFTWARE and also to the Hardware Device.

DISCLAIMER OF WARRANTIES

Except for express warranties stated in the Limited Warranty and except for any implied warranties that exist under applicable law and that cannot be disclaimed, YOU AGREE THAT THE SOFTWARE, HARDWARE DEVICE AND ANY SUPPORT SERVICES ARE: (1) PROVIDED AS IS AND WITH ALL FAULTS, AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU; and (2) that Sondigo and its suppliers, affiliates, and agents MAKE NO, AND DISCLAIM ALL OTHER WARRANTIES OF EVERY NATURE, INCLUDING BUT NOT LIMITED TO: ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR ANY PURPOSE OR OF SYSTEM INTEGRATION, OR CREATED BY TRADE USAGE OR COURSE OF DEALING; ALL DUTIES OF REASONABLE WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE, and; ANY (IF ANY) IMPLIED OR SIMILAR OBLIGATIONS REGARDING TRANSMISSION, AVAILABILITY, ACCURACY, FUNCTIONALITY OR LACK OF VIRUSES OR HARMFUL CODE. Also, THERE IS NO WARRANTY OF TITLE OR AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, HARDWARE DEVICE OR ANY SUPPORT SERVICE OR AGAINST INFRINGEMENT OR THE LIKE.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE FULL EXTENT ALLOWED BY LAW, SONDIGO AND ITS SUPPLIERS, AFFILIATES AND AGENTS ARE NOT LIABLE FOR ANY:

(i) CONSEQUENTIAL OR INCIDENTAL DAMAGES;

(ii) DAMAGES OR LOSS OF ANY NATURE WHATSOEVER RELATING TO LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR PRIVACY OR CONFIDENTIALITY, ANY INABILITY TO USE ALL OR PART OF THE HARDWARE DEVICE OR SOFTWARE, PERSONAL INJURY, OR ANY FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF NEGLIGENCE, GOOD FAITH OR OF WORKMANLIKE EFFORT); OR

(iii) INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SOFTWARE, HARDWARE DEVICE OR SUPPORT SERVICES. THE FOREGOING APPLIES EVEN IF SONDIGO OR ANY SUPPLIER, AFFILIATE OR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES; AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, MISREPRESENTATION OR OTHER REASON.

LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY. Your exclusive remedy for any breach of the Limited Warranty is set forth in the Limited Warranty. AS FOR ALL OTHER BREACHES OF THIS SLA BY SONDIGO, ITS SUPPLIERS, AFFILIATES OR AGENTS, YOU AGREE THAT YOUR SOLE REMEDY FOR ANY SUCH BREACH AND FOR ANY OTHER CAUSE OF ACTION OF ANY NATURE RELATING TO PARTS 1 OR 2 OF THIS SLA OR TO THE SOFTWARE, HARDWARE DEVICE, OR SUPPORT SERVICES SHALL BE, AT SONDIGO S OPTION, (1) repair or replacement of all or part of the SOFTWARE, Hardware Device or Support Service (including without limitation, repair or replacements with non-Sondigo items); or (2) refund of the amount You actually paid for the respective SOFTWARE, Hardware Device or Support Service causing Your damages, which refund amount shall not exceed the actual damages incurred by You in reasonable reliance; or (3) with respect to Support Services, any lesser and different remedy or limitation contained in the contract for those services. You agree that the damage exclusions in this SLA and this limitation of liability shall apply even if any remedy fails of its essential purpose. These limitations do not apply to the extent of any liabilities that cannot be excluded or limited by applicable law.

GOVERNING LAW; EXCLUSIVE FORUM. All parts of this SLA (including the Limited Warranty) shall be construed under and controlled by the laws of the province of British Columbia, Canada and You irrevocably consent to exclusive jurisdiction in the province of British Columbia, Canada or as applicable the laws of Canada.

QUESTIONS. Should You have any questions concerning this agreement, or if You desire to contact Sondigo for any reason, please use the address information enclosed in the Hardware Device to contact the Sondigo subsidiary serving Your country, or visit Sondigo on the World Wide Web at www.Sondigo.com

Part 3: LIMITED WARRANTY

A. WARRANTIES.

1. Express Warranty. Subject to the terms and conditions of this Limited Warranty and in lieu of any other (if any) express warranties, Sondigo warrants that under normal use and service, on the date of acquisition as shown on Your receipt or similar proof of payment and for the next i) 90 days for the SOFTWARE and ii) period of time stated below for the applicable Hardware Device (hereafter each defined as the "Warranty Period"), that the SOFTWARE and Hardware Device will substantially conform with the accompanying Sondigo packaging and documentation. As to any defects discovered after the Warranty Period, there is no warranty or condition of any kind.

Warranty Period:

For all Sondigo Network Audio Devices: 90 Days

This Limited Warranty does not cover, and no warranty of any kind is provided with respect to any subjective or aesthetic aspects of the Hardware Device or SOFTWARE. The express warranty stated above is the only express warranty made to You and is provided in lieu of all other express or implied warranties and conditions (except for any non-disclaimable implied warranties that exist), including any created by any other documentation or packaging. No information or suggestions (oral or in a record) given by Sondigo, its agents, affiliates or suppliers or its or their employees or agents, shall create a warranty or condition or expand the scope of this Limited Warranty. The "Governing Law; Exclusive Forum" provision of Part 2 of the SLA applies to this Limited Warranty and is incorporated herein by this reference.

2. Limitation on Duration of Implied Warranties. If you are a consumer, You may also have an implied warranty and/or condition under the laws of some jurisdictions, which is hereby limited to the duration of the Warranty Period. Some jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the foregoing limitation may not apply to You.

B. EXCLUSIVE REMEDY. Subject to applicable law and the following, and provided that You return the SOFTWARE and Hardware Device to Your place of acquisition (or, if that place will not accept the return, to Sondigo) with a copy of Your receipt or other bona fide proof of payment during the Warranty Period, Sondigo will, at its option and as Your exclusive remedy for breach of this Limited Warranty and any implied warranties:

repair or replace all or part of the defective SOFTWARE or the defective Hardware Device; or

make payment to You for the allowable damages that You incurred in reasonable reliance, but only up to the amount You paid (if any) for the SOFTWARE and/or the Hardware Device less reasonable depreciation based on actual use.

The above remedy is subject to the following:

Any repaired or replaced SOFTWARE or Hardware Device will be new or refurbished or serviceably used, comparable in function and performance to the original Hardware Device (or SOFTWARE), and may include third party items;

Any SOFTWARE or Hardware Device repaired or replaced under this Limited Warranty will be warranted for the remainder of the original Warranty Period or 30 days from the date of shipment of the item back to You, whichever is longer. If an upgrade to SOFTWARE is delivered with a new limited warranty, then the terms of that new limited warranty will apply only to the SOFTWARE as upgraded, but will not apply to the original Hardware Device;

Except as otherwise required by legislation in Your jurisdiction, costs associated with transport (including packaging) for warranty service shall be at Your expense; and

Sondigo does not provide any warranties regarding any other services provided under this Limited Warranty and disclaims all duties (if any) of workmanlike effort or of lack of negligence regarding such services.

C. EXCLUSION OF OTHER DAMAGES. TO THE FULL EXTENT ALLOWED BY LAW, SONDIGO AND ITS SUPPLIERS, AFFILIATES AND AGENTS ARE NOT LIABLE FOR ANY:

(i) CONSEQUENTIAL OR INCIDENTAL DAMAGES;

(iii) INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SOFTWARE OR HARDWARE DEVICE. THE FOREGOING APPLIES EVEN IF SONDIGO OR ANY SUPPLIER, AFFILIATE OR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES; AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, MISREPRESENTATION OR OTHER REASON.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusions many not apply to You.

D. EXCLUSIONS FROM COVERAGE. This Limited Warranty shall not apply and Sondigo has no liability under this Limited Warranty if the SOFTWARE or Hardware Device:

- is used for commercial purposes (including rental or lease) or purposes beyond the scope of the SOFTWARE license;

- is modified or tampered with;

- is damaged by Acts of God, power surge, misuse, abuse, negligence, accident, wear and tear, mishandling, misapplication, or other causes unrelated to defects in the Hardware Device or the SOFTWARE;

- is damaged by programs, data, viruses, or files, or during shipments or transmissions;

- is not used in accordance with the accompanying documentation and use instructions; or

- is repaired, modified or altered by other than a Sondigo authorized repair center and the unauthorized center causes or contributes to any defect or damage.

This Limited Warranty does not include any warranty regarding legal rights or abilities, such as any warranty regarding title, quiet enjoyment or lack of infringement.

E. REGISTRATION. You need not register Your acquisition of the SOFTWARE and Hardware Device for the Limited Warranty to be effective.

F. BENEFICIARY. To the extent allowed by applicable law, the Limited Warranty is only made to You, the first licensed user of the SOFTWARE or purchaser of the Hardware Device, and there are no third party beneficiaries of the Limited Warranty. Except as required by law, this Limited Warranty is not intended for and does not apply to anyone else, including anyone to whom You make any transfer as authorized in the SLA.

G. FURTHER INFORMATION. Sondigo is the warrantor under this Limited Warranty. To receive instructions for obtaining performance of this Limited Warranty visit Sondigo on the World Wide Web at http://www.Sondigo.com.

You must also:

1. Submit proof of payment in the form of a bona fide, dated receipt, or invoice (or a copy) evidencing that You are the beneficiary of this Limited Warranty and that Your request for a remedy is made within the Warranty Period;

2. Follow Sondigo s shipping and other instructions if it determines that all or part of your Hardware Device or SOFTWARE requires return. To obtain the Limited Warranty performance, you must take or deliver the item in either its original packaging or packaging that provides an equal degree of protection to the location specified by Sondigo. Except as otherwise required by legislation in your jurisdiction, costs associated with transport (including packaging) for warranty service shall be at Your expense.

3. Delete or remove any files or data you consider private or confidential prior to sending the item to Sondigo.

Failure to follow the above instructions may result in delays, cause you to incur additional charges, or may void your warranty.

This Limited Warranty gives You specific legal rights and You may also have other rights which vary from jurisdiction to jurisdiction. Where any term of this Limited Warranty is prohibited by such laws, it shall be null and void, but the remainder of the Limited Warranty shall remain in full force and effect if its allocation of risks are not materially disturbed.

Microsoft and Microsoft Windows are trademarks of Microsoft Corporation

Manufactured under license from Dolby Laboratories. "Dolby" and the double-D symbol are trademarks of Dolby Laboratories. Confidential Unpublished Works.1992-2004. Dolby Laboratories, Inc; all rights reserved. Note that: No Dolby technology is being used in association with the analog output of the?product.

All other trademarks are property of their respective owners

PRIVACY STATEMENT

Our Commitment to You

Layton Electronics and Networking Limited (doing business as Sondigo) is an innovative digital media technology company, incorporated and based in British Columbia, Canada.

Sondigo is committed to maintaining your Personal Information and as part of our commitment we have established our Privacy Policy as follows.

Our Privacy Policy complies with the provisions set out in the Personal Information Protection and Electronic Documents Act, as well as the Canadian Standards Association Model Code for the Protection of Personal Information.

Reminder to our Customers

Please remember that Sondigo s Privacy Policy and our use of your Personal Information only applies to the information you provide to us and we caution you to be sure that if you disclose personally identifiable information or personally sensitive data through use of the Internet such as through chat rooms, communities, bulletin boards or other public online forums, this information is not collected by or for Sondigo and is being collected and used by other persons or companies over which Sondigo has no control. It is your responsibility to review the privacy statements of any person or company to whom you choose to link. Sondigo is not responsible for privacy statements or compliance or other content of any web site not owned or managed by Sondigo or Layton Electronics and Networking Limited companies.

Customer Choice

If you prefer that Sondigo does not share your Personal Information among the Sondigo companies to promote our products and services, please advise us in writing or call us at the number shown on your bill or by using the Contact Us section of our web site at http://www.Sondigo.com/ContactUs

General Definitions used in our Privacy Policy

Sondigo: trading name of Layton Electronics and Networking Limited, mailing address: 12851 16th Ave, PMB#45039, Surrey, BC, V4A 9L1, Canada.

Collect - when we Collect Personal Information we mean to gather, acquire, or obtain such Personal Information from any source available to Sondigo and may also include Personal Information provided to us from third parties.

Consent - means your voluntary and informed agreement with what is being done or proposed. Your Consent can be either expressed or implied. Express Consent is given explicitly, either orally, electronically or in writing. Express Consent is unequivocal and does not require any inference on the part of Sondigo seeking Consent. Implied Consent arises where Consent may reasonably be inferred from the action or inaction of the Customer or the employee.

Customer - is you and means any individual who has an account with Sondigo and/or uses, has used, or applies to use Sondigo s products and/or services.

Use to use Personal Information within Sondigo for a specified purpose.

Disclose - to make Personal Information available to others outside Sondigo.

Personal Information - means any information that can identify a Customer or Sondigo employee and may be recorded in any form. For a Customer, the term includes, but is not limited to the Customer s name, address, telephone number, gender, credit information, payment records, and correspondence sent by the Customer to Sondigo. In the case of employees or job applicants, it may include, where applicable, employment history, performance reviews, salary, benefits, compensation or other information relating to an employee's past, current or future employment, but does not include the employee s name, title, business address (including e-mail address) or business telephone or fax numbers.

Commonly asked Questions:

Why does Sondigo Collect Personal Information?

Sondigo Collects Personal Information and other information from its Customers so that it is able to maintain a responsible commercial relationship with its Customers and may include purposes for billing and account collections or evaluation of Customer s credit worthiness. Sondigo wants to ensure that it continues to provide you with the products and/or services you have asked for as well as to improve upon those products and services by using information our Customer s have provide that shows their interests and needs. In addition, Sondigo studies this information to help it market, manage and develop its business, including its networks and facilities to plan for future growth.

What type of Personal Information does Sondigo Collect?

The types of Personal Information Collected by Sondigo depends on the nature of your request and may include your name, mailing address, e-mail address, phone number(s) and account numbers(s). We may also request anonymous/non-personal information, which information cannot be associated with or traced back to a specific individual, to help us provide you with advice and information about other products and/or services that we believe would be of interest to you. Anonymous/non-personal information helps Sondigo better understand its markets.

How does Sondigo use Personal Information?

Sondigo uses Personal Information to communicate with its Customers to process its Customers orders for products and/or services, to verify Customer identity and protect their account information, for account billing and collections purposes, to check for credit worthiness and ultimately provide our Customers with the product/services they have requested. Sondigo may also use Personal Information to keep track of and report back to its Customers on their dealings with Sondigo. Anonymous/non-personal information is generally used by Sondigo to improve its products and services to its Customers.

When does Sondigo disclose Personal Information?

Sondigo is obligated to keep Personal Information confidential except under the following special circumstances: (a) when a Customer Consents; (b) when required by law; or (c) permitted by Law. The details of when Sondigo may disclose Personal Information can be viewed in Section 5.3.

Who does Sondigo share Personal Information with?

Sondigo may share a Customer s Personal Information with its affiliates and subsidiaries and their respective employees and service suppliers and each of which are governed by strict standards and polices to ensure your information is secure and treated with the utmost care and respect. The purpose of sharing information among the Sondigo s affiliates and subsidiaries is to help us identify our Customer s specific information, communication and entertainment needs and/or options, and to provide each Customer with appropriate information about various products, services and solutions.

Additional Information:

Tips to protect your Personal Information

Sondigo does its best to protect and safeguard Personal Information and we believe there are measures you should take as well. Do not share your Personal Information such as bank and credit card account numbers or their associated pin numbers with others unless you clearly understand the purpose of their request and you know with whom you are dealing. If you are asked to assign passwords to connect you to your Personal Information, you should use a combination of letters and numbers and do not use words that can be easily associated with you (example: do not use the name of a family member or pet), we also suggest you change your password regularly. If ever you are suspicious of any telephone, mail or email promotional campaigns or you suspect fraudulent activity is occurring please contact us at privacy@Sondigo.com to verify that the campaign is a legitimate Sondigo activity.

Accessing and Amending your Personal Information

You may access and verify your Personal Information held by Sondigo by contacting us at privacy@Sondigo.com during our regular office hours in your service area.

About Cookies

A Cookie is s small text file that contains a unique identification number that web sites send to your computer s web browser. If you receive a Cookie from a web site you have opened the Cookie will store on your computer so that the next time you try to connect to that web site your computer s browser will search your hard drive for a Cookie and if a Cookie is found, the browser will send the information gathered from a previous visit to that web site and if a Cookie is not found then the browser will know you have not visited the web site before. A Cookie can be used to track the activities of your browser and provide you with a consistent web experience. Cookies were originally used to maintain relevant information such as the number of visitors who viewed various pages of a web site. Sondigo uses Cookies to increase the robustness of its web sites and to provide more efficient navigation. Use of 'Cookies'

During a Customer s interaction with one of Sondigo s Internet sites, Sondigo may use a browser feature called a cookie to collect information anonymously and track user patterns on Sondigo s web sites. A cookie is a small text file containing a unique identification number that identifies a Customer s browser but not the Customer itself to Sondigo s computers each time a Customer visits one of the Sondigo web sites that uses cookies. Cookies tell Sondigo which pages of its sites are visited and how many people visited such web sites. This helps Sondigo to enhance the on-line experience of visitors to the Sondigo web sites.

The use of cookies may help Sondigo s Customers to personalize their online experience. Unless a Customer specifically advises Sondigo, however, Sondigo will not know who the Customer is, even though Sondigo may assign such Customer s computer a cookie. Sondigo cannot use cookies, by itself, to disclose the individual identity of any web site user. If a Customer provides Personal Information (such as like the Customer s name, telephone number, or even its e-mail address) through or from the Customer s browser, that Customer is Consenting to Sondigo combining that Personal Information with information gathered by a cookie.

Customers will find that most major web sites use cookies and most major browsers are set up to accept them. If a Customer wishes, it can reset its browser either to notify such Customer when it has received a cookie, or to refuse to accept cookies (http://support.Sondigo.com/browsers). Customers do not need cookies to visit Sondigo sites. However, if a Customer refuses to accept cookies, it may not be able to use some of the features available on Sondigo s web sites such as personalization features.

Updating this Privacy Policy

Any changes to Sondigo s Privacy Policy shall be acknowledged in this Policy in a timely manner. Sondigo may modify or remove portions of this Privacy Policy when it feels it is necessary and appropriate. You may determine when this policy was last updated by referring to the date found at the top left hand corner of this Privacy Policy page.

Section 1 Sondigo's Accountability

Sondigo is responsible for all Personal Information under its control, including Personal Information disclosed to third parties for processing. Sondigo will designate an individual or individuals who will be accountable for Sondigo s compliance with Sondigo s Privacy Policy.

Sondigo s senior management is responsibility for ensuring compliance with the provisions of this Privacy Policy. Sondigo s senior management may designate one or more individuals to be accountable for fulfillment of Sondigo s day to day collection and processing of Personal Information and may also appoint other individuals within Sondigo to be responsible for compliance with this Privacy Policy, in respect of its Customers and in respect of its employees.

The identity of the individual(s) designated by Sondigo to oversee the compliance with this Privacy Policy are made known internally and will also be made available to our Customers upon their request.

Sondigo will use contractual or other means to protect Personal Information that Sondigo discloses to companies outside of Len Limited s group of companies for processing, for example, to evaluate Customers credit worthiness or to bill and collect a Customer s account (see Section 7 for more details).

Sondigo has implemented policies and practices to give effect to this Privacy Policy. Some of these policies and practices are listed below:

1. implementing procedures to protect Personal Information;

2. procedures to receive and respond to inquires and complaints from Customers and/or employees;

3. communicating to the Sondigo employees and providing them ongoing training and the proper tools required to understand and adhere to Sondigo s policies and procedures; and

4. providing public information to our Customers and our employees to explain Sondigo s policy and procedures.

Section 2 - Identifying the Purposes for Personal Information Collection

Sondigo will identify the reasons for which Personal Information is Collected and/or required at or before the time such information is Collected by Sondigo.

2.1 Sondigo collects Personal Information for the following purposes:

? to establish and maintain responsible commercial relations with our Customers and provide each Customer with continued service;

? to understand your needs as our Customer and your eligibility for products and services;

? to recommend particular products and services to our Customers to meet their growing needs;

? to develop, enhance, market or provide products and services to our Customers;

? to manage and develop Sondigo s business and operations, including personnel and employment matters;

? to process billing and collection of the fees for the Sondigo products and services it has purchased and/or subscribed to;

? to perform credit checks and references, if deemed necessary by Sondigo; and

? to meet Sondigo s legal and regulatory requirements.

Personal Information will not be used for any other purpose without your Consent. The purpose of sharing information among the Sondigo companies is to help us identify our Customer s specific information, communication and entertainment needs and/or options, and to provide each Customer with appropriate information about various products, services and solutions.

2.2 As part of Sondigo s information management policies and procedures, Sondigo will specify either verbally, electronically or in writing the purposes for which it collects Personal Information. Some of the reasons Sondigo may need to collect Personal Information may be for the delivery of cable and/or Internet services, for the marketing and delivery of new cable and/or Internet services, for other services including products, and for such other purposes as may be required or permitted by law. The purposes will be stated in a clear and understandable manner to ensure that the Customer can reasonably understand how the Personal Information will be used or disclosed in order that the Consent made is informed and meaningful.

2.3 When Sondigo wishes to use Personal Information for a purpose not previously identified to the Customer, such as the marketing of non-cable or non-Internet services, Sondigo will identify the new use, in the manner set out in 2.1 above. Unless the new use of the Personal Information is required by law, the Consent of the Customer or employee is required before the Personal Information can be used for that new purpose. (See Section 3 Consent)

2.4 Any time Sondigo asks a Customer for Personal Information, the Customer may request Sondigo to explain the reason the Personal Information is being collected.

Section 3 - Obtaining Consent

Consent will be obtained from Customers and employees before or when they Collect, Use, or disclose the Personal Information, except where inappropriate. When Sondigo is required to ask for Consent Sondigo will make reasonable efforts to ensure that the Customers and employees understand how the Personal Information may be Used or how it may be disclosed by Sondigo.

3.1 Consent is required for the collection of Personal Information and the subsequent use or disclosure of the Personal Information. In most cases, Sondigo seeks Consent for the Use or disclosure of the information at the time Sondigo Collects it. When Sondigo wants to use Personal Information for a purpose which it has not previously identified to the Customer, Sondigo may seek Consent with respect to the Use or disclosure after the Personal Information was collected, but before it is Used.

3.2 Sondigo may Collect, Use, or disclose Personal Information without a Customer s or employee s knowledge or Consent in instances where it is deemed a legal or security reason, or for the welfare of an individual where it might make it impossible or impractical to seek Consent. For example, when Personal Information is being collected for the detection or prevention of fraud, seeking Consent may defeat the purpose of collecting the information. All of the circumstances where Sondigo may Collect, Use, or disclose Personal Information without a Customer s or employee s knowledge or Consent are as specified and permitted by legislation.

3.3 Sondigo will ensure that a Customer applying for service is informed why Sondigo needs the Personal Information and how the Personal Information will be Used. To make Customer s Consent informed and meaningful, the purposes must be clearly stated so that a Customer can reasonably understand how the Personal Information will be Used or disclosed.

3.4 Sondigo may not, as a condition of providing any product and/or service, require a Customer to Consent to the Collection, Use or disclosure of Personal Information beyond that required to provide the product and/or service itself.

3.5 Consent can be either expressed or implied. The form of Consent sought by Sondigo may vary, depending upon the circumstances and the type of Personal Information. In determining the form of Consent to use, Sondigo takes into account the sensitivity of the information and the reasonable expectations of the Customer. Sondigo generally seeks express Consent when the Personal Information is likely to be considered sensitive. Implied Consent is typically appropriate when the Personal Information is less sensitive.

3.6 A Customer may withdraw its Consent at any time, subject to legal or contractual restrictions and upon providing Sondigo reasonable notice. A Customer wishing to withdraw should contact Sondigo at privacy@sondigo.com.

3.7 In general, the use of products and services by a Customer, or the acceptance of employment or benefits by an employee, will constitute implied Consent required by Sondigo to Collect, Use and/or disclose Personal Information for all identified purposes.

Section 4 - Limiting the Collection of Personal Information

The Collection of Personal Information by Sondigo will be limited to only that information which is necessary for the purposes identified by Sondigo. All Personal Information collected Sondigo will be by fair and lawful means.

4.1 Sondigo will only Collect the amount and type of Personal Information needed for the specified purposes that have been documented by Sondigo and identified to Customers and employees.

4.2 Sondigo will not mislead or deceive Customers or employees about the purposes for which Personal Information is being collected.

Section 5 - Limiting Use, disclosure, and retention of Personal Information

No Personal Information will be used, disclosed or shared for purposes other than those for which it was Collected by Sondigo unless Sondigo has the Consent of the Customer or employee, or as may be required by law. Sondigo will keep Personal Information only as long as it is necessary for Sondigo to fulfill the purposes for which Personal Information was Collected.

5.1 Sondigo will keep Personal Information only as long as it is necessary or relevant for the identified purposes or as may be required by law. Personal Information that has been used to make a decision about a Customer or an employee will be kept by Sondigo for a period of time that is reasonably sufficient to allow the Customer or employee access to the Personal Information. In the event a Customer has lodged a complaint about Sondigo s compliance with this Privacy Policy the Personal Information shall be kept until a decision has been made to resolve such complaint and then only to permit any questions under this Privacy Policy and the applicable privacy legislation.

5.2 Sondigo may destroy, erase, or make anonymous Personal Information that is no longer required to fulfill the identified purposes.

5.3 Sondigo may disclose a Customer s Personal Information to:

a) a person who, in the reasonable judgment of Sondigo, is seeking the information as an agent of the Customer;

b) a company if disclosure is for the efficient and cost-effective provision of telecommunications products and/or services, subject to privacy terms;

c) a company who will be involved in supplying the Customer with communications or communications directory-related products and/or services;

d) another company or individual for the development, enhancement, marketing or provision of any of Sondigo s current products and/or services or for any new products and/or services of Sondigo;

e) an agent used by Sondigo to evaluate the Customer s credit worthiness or to collect the Customer s account;

f) a credit reporting agency;

g) a public authority or agent of a public authority, if in the reasonable judgment of Sondigo, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the Personal Information;

h) a third party or parties, where the Customer has given Sondigo Consent to such disclosure or if disclosure is required by law; and

i) in conjunction with special offers or programs to program partners, or third party agents responsible for administering such offers or programs. Any such disclosure is made on a confidential basis with Customers Consent.

5.4 Sondigo may disclose personal information about its employees:

a) for normal personnel and benefits administration;

b) in the context of providing references regarding current or former employees in response to requests from prospective employers; or

c) where disclosure is required by law.

5.5 Only Sondigo s employees with a business need to know, or whose duties reasonably so require, are granted access to Personal Information Sondigo s Customers and employees.

Section 6 - Accuracy of Personal Information

Sondigo will keep all Personal Information provided to it accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.

6.1 The level to which Personal Information will be accurate, complete, and up-to-date depends on how Sondigo uses the Personal Information and Sondigo will take into account the interests of the Customer or employee. Personal Information will also be sufficiently accurate, complete, and up-to-date in order to minimize the possibility that inappropriate information is used to make a decision about the Customer or employee needs or interests.

6.2 Sondigo will update Personal Information that it Collects and Uses on an on-going basis to fulfill the identified purposes.

6.3 Sondigo will not update Personal Information unless updated information is needed to fulfill the purposes for which it was collected.

Section 7 - Safeguarding Personal Information

Sondigo will protect Personal Information by security safeguards that are appropriate for the level of sensitivity of the Personal Information.

7.1 The security safeguards used by Sondigo will protect Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification, regardless of the format in which the information is held by Sondigo.

7.2 The nature of the safeguards will vary depending on the sensitivity of the Personal Information that has been Collected, the scope of the information, and the method of storage of that information. More sensitive types of Personal Information will be safeguarded by a higher level of protection.

7.3 The methods of protection may include:

a) physical measures, for example, locked filing cabinets and restricted access to offices;

b) organizational measures, for example, security clearances and limiting access on a "need to know" basis;

c) technological measures, for example, the use of passwords and encryption; and

d) investigative measures where required to safeguard the interests of Sondigo, its Customers or its employees.

7.4 Sondigo will make its employees aware of the importance of maintaining the confidentiality of Personal Information.

7.5 Sondigo will dispose of Personal Information in a manner that prevents unauthorized parties from gaining access to the Personal Information.

Section 8 - Openness about Sondigo s Policies and Procedures

Sondigo will make readily available to Customers and employees specific information about its policies and procedures relating to the management of Personal Information.

8.1 Sondigo will be open about its policies and procedures with respect to the management of Personal Information. Customers and employees will be able to acquire their Personal Information and about Sondigo s Privacy Policies and procedures at minimal cost and without unreasonable efforts on their part. This information will be made available in a form that is generally understandable. This information is available by writing to Sondigo, to the attention of the Privacy Officer. Contact details are available online at: http://www.Sondigo.com/ContactUs.

8.2 The Personal Information made available by Sondigo will include:

a) the name, title and address of the individual who is accountable for Sondigo s Privacy Policies and its procedures and to whom complaints or inquiries can be forwarded;

b) the means of gaining access to the Personal Information held by Sondigo;

c) a description of the Personal Information held by Sondigo, including a general account of its Use;

d) a copy of any documents that describe Sondigo s policies, standards, and/or policies; and

e) a description of Personal Information made available to related organizations, including subsidiaries, affiliates or agents.

Section 9 - Providing Access to Personal Information

Upon a Customer s or an employee s request, and unless prohibited by law, Sondigo will inform such Customers and employees of the existence, Use, and disclosure of the Personal Information specific to them and provide them access to that information. Any Customer may challenge the accuracy and completeness of their Personal Information and have it amended as appropriate.

9.1 Upon request, Sondigo will inform a Customer or employee whether or not Sondigo holds Personal Information about them, and will indicate the source of this information. If Sondigo possesses any such information, it will allow the Customer or employee access to the Personal Information specific to that person. In addition, Sondigo will provide an account of how that Personal Information has been Used or is being Used along with any Uses by any third parties to whom it has been disclosed.

9.2 A Customer or employee may be required to provide sufficient information to identify for Sondigo what Personal Information such Customer or employee is enquiring about. The required information provided to Sondigo for this purpose shall only be used for this purpose.

9.3 In certain situations, Sondigo may not be able to provide access to all the Personal Information it holds. Exceptions to the access requirement will be limited to those allowed or required under law.

9.4 In providing an account of third parties to which Sondigo has disclosed Personal Information, Sondigo will attempt to be as specific as possible. When it is not possible to provide a list of the actual organizations to which it has disclosed Personal Information, Sondigo will provide a list of organizations to which it may have disclosed Personal Information.

9.5 Sondigo will respond to a Customer or employee request within a reasonable period of time and at minimal or no cost to the Customer or employee. The requested information will be provided or made available to the Customer or employee in a form that is generally understandable.

9.6 When a Customer or employee successfully challenges the accuracy or completeness of Personal Information, Sondigo will correct, delete, or add additional information as required. Where appropriate, the amended Personal Information will be transmitted to third parties having access to the corrected, deleted, or additional Personal Information.

9.7 When a challenge is not resolved to the reasonable satisfaction of the Customer or employee, Sondigo will record the substance of the unresolved challenge in the Personal Information relating to the Customer or employee. Where appropriate, the existence of the unresolved challenge shall be transmitted to third parties having access to the information in question.

Section 10 - Challenging compliance and offering suggestions

A Customer or employee of Sondigo may direct any questions or inquires with respect to the Privacy Sections outlined above or about Sondigo s practices used in its Privacy Policy to the designated individual accountable for Sondigo s compliance.

Sondigo has put procedures in place to receive and respond to complaints or inquiries about the policies and procedures relating to the handling of Personal Information. The complaint process used by Sondigo is easily accessible and simple to use.

10.2 Sondigo will investigate all complaints and respond to all questions asked by its Customers and/or employees. If a complaint is found to be justified, Sondigo will take appropriate measures to resolve the complaint, which may include amending its policies and procedures if necessary.

10.3 Sondigo will inform Customers who lodge complaints, or inquire about complaint procedures, that they can contact the Office of the Privacy Commissioner.

To contact the Office of the Privacy Commissioner of Canada

Privacy Commissioner of Canada

112 Kent Street

Ottawa, Ontario

K1A 1H3

Phone (613) 995-8210

Toll-free 1-800-282-1376

Fax (613) 947-6850

E-mail: info@privcom.gc.ca (complaints must be submitted in writing)

Web site: http://www.privcom.gc.ca

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