EULA

PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. BY TAKING ANY STEP TO DOWNLOAD, SET-UP, INSTALL OR USE ALL OR ANY PORTION OF “MY THE IN4MANT” PRODUCT (INCLUDING BUT NOT LIMITED TO THE SOFTWARE, FILES AND DOCUMENTATION (“SOFTWARE”) OR USING THE THE IN4MANT’S SERVICES IN CONNECTION WITH THE SOFTWARE, INCLUDING BUT NOT LIMITED TO: (I) ACCESS TO RESOURCES; AND (II) ACCESS TO PERSONALIZED CONTENTS THROUGH THE IN4MANT’S NETWORK AND/OR OTHER NETWORKS OPERATED BY THE THE IN4MANT (“SERVICES”). YOU AND YOUR COMPANY (“LICENSEE”) ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS EULA IF YOU ACQUIRE THIS SOFTWARE FOR YOUR COMPANY’S USE, YOU REPRESENT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE WHO HAS THE AUTHORITY TO LEGALLY BIND YOUR COMPANY TO THIS EULA. IF LICENSEE DOES NOT AGREE TO THIS EULA, LICENSEE MAY NOT USE THIS SOFTWARE AND MUST IMMEDIATELY REMOVE THE SOFTWARE FROM THE LICENSEE’S MOBILE DEVICE, MOBILE COMMUNICATION TERMINAL OR COMPUTER.

UPDATES TO THIS EULA

This EULA may be updated by The In4mant (Pty) Ltd from time to time. Once this EULA is updated or amended, The In4mant will release the updated terms of the EULA in the Software or on The In4mant’s web page at http://The In4mant.com. Once the updated terms of the EULA are released, the updated terms will effectively substitute the original terms of the EULA. The Licensee may login the Software or website to review the latest version of the terms of this EULA at any time.

1. OWNERSHIP OF THIS SOFTWARE

This Software was developed and is owned by The In4mant (PTY) Ltd. All the ownership of intellectual property rights in this Software (including but not limited to any code, image, data, text and add-in programs contained in this Software and in any and all future updates, modifications, revisions and/or derivative works of the Software), and attached supporting documentation belong to The In4mant (Pty) Ltd 2021/831471/07 and may not be used, reproduced, altered, distributed, exploit or otherwise dealt with by the Licensee without written authorization from The In4mant (PTY) Ltd, unless said usage, reproduction, alteration, distribution exploitation and dealing are expressly provided for in this EULA. The Software is protected by law, including without limitation the International Copyright Treaties and other intellectual property laws and treaties.

2. SOFTWARE LICENSE

2.1 Subject to the terms of this EULA, The In4mant grants to Licensee a personal, non-exclusive, non-transferable, limited license to install and use one (1) copy of the Software on one (1) Computer terminal, and (1) mobile Phone for the personal, non-commercial purposes described in the documentation of the Software. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement or “Read Me” file located near such materials. Except as expressly stated herein, this EULA does not grant Licensee any intellectual property rights in the Software and all rights not expressly granted are reserved by The In4mant (PTY) Ltd.

2.2 This EULA is valid for an indefinite period until termination pursuant to this EULA.

3. SOFTWARE ACCOUNT

3.1 The Licensee may use the Software and enjoy various Services provided by The In4mant and/or its Affiliates by registering an The In4mant account. After completing the registration application for an The In4mant account, the Licensee then has the right to use the account. The The In4mant account can only be used by the initial registrant and is prohibited as gift, loan, lease, transfer or sale. The In4mant reserves the right to reclaim the account for the purpose of business development.

3.2 The Licensee has the right to change, delete the Licensee’s personal data, registration information and content submitted to The In4mant account. The Licensee hereby acknowledges that deleted data will not be recovered and the Licensee should bear the risk associated with such action.

3.3 The Licensee shall be responsible for the safekeeping of the The In4mant account and the password, and be fully and legally responsible for all activities performed through the use of the The In4mant account and the password. The Licensee should not use accounts and passwords of other Licensee under any circumstances. If the Licensee suspects his or her account is being used by others without permission, the Licensee hereby agrees to immediately notify The In4mant.

3.4 The Licensee must comply with the terms of this Agreement, the correct and appropriate use of the Services. If the Licensee violates any provision of this Agreement, The In4mant reserves the right to terminate The In4mant service to the Licensee based on this Agreement. The In4mant also reserves the right to reclaim the Licensee’s The In4mant account.

3.5 For those Licensee who have not logged in to his/her The In4mant account for a long time, The In4mant reserves the right to reclaim his/her The In4mant account in order to avoid waste of resources. The Licensee shall bear the responsibility for the issues caused.

4. YOUR CONTENT

When you submit, upload, transmit or display any data, information, media or other content in connection with your use of The In4mant (“Your Content”), you understand and agree that:

4.1 You will continue to own and be responsible for Your Content;

4.2 We will not sell Your Content to any third party;

4.3 You are giving us and our affiliate companies a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use Your Content (with no fees or charges payable by us to you) for the purposes of providing, promoting, developing and trying to improve The In4mant and our other services, including new services that we may provide in the future. All such use will, to the extent Your Content contains Personal Information, be in accordance with our The In4mant Privacy Policy. As part of this licence, we and our affiliate companies may, subject to the The In4mant Privacy Policy, copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including those that are developed in the future;

4.4 You grant other The In4mant users a non-exclusive licence to access and use Your Content within The In4mant, in accordance with these Terms and The In4mant’s functionalities;

4.5 We may share Your Content with third parties that we work with to help provide, promote, develop and improve The In4mant in accordance with the The In4mant Privacy Policy;

4.6 We may use the name that you submit in connection with Your Content (whether that be your account name, real name or otherwise); and

4.7 You will comply with these Terms, in your submission of Your Content.

In addition, you agree that we and our affiliate companies (subject to these Terms, The In4mant Privacy Policy and applicable laws and regulations):

• are allowed to retain and continue to use Your Content after you stop using The In4mant;
• may be required to retain or disclose Your Content: (a) in order to comply with applicable laws or regulations; (b) in order to comply with a court order, subpoena or other legal process; (c) in order to respond to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); or (d) where we believe it is reasonably necessary to comply with applicable laws or regulations, in each case whether such applicable law or regulation, legal process or government body is of your jurisdiction or elsewhere;
• may be required to retain or disclose Your Content in order to enforce these Terms or to protect any rights, property or safety of ours, our affiliate companies or other users of The In4mant.

4.8 You understand that even if you seek to delete Your Content from The In4mant, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via The In4mant.

4.9 We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate, as required by applicable laws and regulations or in accordance with the Copyright Policy. We reserve the right to artificially manipulate the visibility, status, or rank of Your Content on The In4mant.

Responsibility for Your Content

4.10 You are solely responsible for Your Content. We are not responsible for maintaining a backup of Your Content – we recommend that you keep a back-up copy of it at all times.

4.11 You must at all times ensure that: (a) you have the rights required to copy, process, transmit, access, publish, display and use Your Content, and to grant us and other third parties the rights as set out in these Terms; and (b) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate any applicable laws or regulations or the rights of any person.

5. RESTRICTIONS

1. Without the prior written consent of The In4mant, the Licensee may not:

• Reproduce the Software in whole or in part;
• Sell, assign, sub-license, disclose, or otherwise transfer or make available the Software in whole or in part to any third party;
• Use the Software to provide services to third parties;
• Implement, use, sell, distribute, transfer or permit any third party to implement, use, sell, distribute or transfer the Software and all the intellectual property rights thereof for the purpose of profit making;
• Copy, alter, amend, run by mount or create any derivative works based on the Software or any part or component thereof, data released to any mobile communication terminal’s internal memory by the Software and interactive data between client terminal and server’s terminal during the Software’s operation for the avoidance of doubt, the forms of such restricted acts include, but not limited to, the creation of plug-ins, add-on programs, outside hanging or any unauthorized third party’s tool/service accessing the Software and correlative systems);
• Remove, delete or alter any proprietary notices or marks (including without limitation the copyright statements) on the Software;
• Reengineer, de-compile, disassemble, alter, translate or reverse engineer the Software or any part or component there to applicable laws which permit such activities notwithstanding this contractual prohibition;
• Amend or destroy the original state of the Software;
• Use the Software to take any actions to threaten the security of the network, including but not limited to using data or entering server/account without permission; entering public networks or others’ operating systems and deleting, amending or adding the stored information without permission; attempting without permission to detect, scan or test the weakness of the Software system or the network or attempting without permission to conduct any other activities to damage the network security system; attempting without permission to intervene with or affect the normal operation of the Software or the website; intentionally spreading malicious programs or viruses, and taking other actions to damage or intervene with the normal information service of the network; forging part or all of the titles of TCP/IP packets;
• Log in or use the Software and Services of The In4mant by means of a third party’s compatible software or system not developed, authorized or approved by The In4mant; as to the Software and Services of The In4mant, the Licensee uses the plug-ins and outside hanging not developed, authorized or approved by The In4mant;
• Use the Software without the prior written consent of The In4mant to use, lease, lend, copy, revise, link to, cite, compile, issue or publish the information related to the Software, or to build mirror websites of said information or to develop related derivative products, works, services, plug-ins, outside hanging, compatibility or interconnection without authorization;
• Use the Software to publish, deliver, transmit or store any content that contravenes the laws of any country, or threatens the national security, social stability, public order and morals of any country, or to publish, deliver, transmit or store any content that is inappropriate, insulting, defamatory, obscene, violent and against the laws, regulations and policies of any country;
• Use the Software to publish, deliver, transmit or store content that infringes other’s intellectual property rights, trade secrets or other legal rights;
• Use the Software, to issue, deliver or transmit bulk advertisements, unsolicited communications, spam and junk information;
• Use the Software to deliver, transmit or otherwise accomplish the transmission of the files including pictures, photos, software or other materials, which are under the protection of intellectual property laws, such as (but not limited to), copyright or trademark laws (or right of privacy or right to publicize), unless the Licensee owns or controls the related rights or have obtained the necessary authorization;
• Use the Software to use any material or information that contains pictures or photos which have been acquired by infringing existing trademark, copyright, patent, trade secrets or other exclusive rights of other third parties;
• Use the Software to amend or forge the instruction, data and data packet in the running of software works, add, delete, decrease or change the functions or running effects of software, spread the Software for the foresaid purposes to the public through information network, or operate them;
• Use the Software to apply the Software and Services offered by The In4mant to the running of equipment putting humans and their belongings in danger. The Licensee understands that the Software and Services offered by The In4mant are not designed for the above purposes and to the maximum extent as permitted by applicable law, The In4mant will not bear any liability or be responsible for the personal injury or death, grave losses of belongings and destruction of environment due to the above unsuccessful operations arising from the Software and Services;
• Sell, lease, lend, spread, transfer or sub-license the Software and/or Services or gain profits from using the Software and/or Services regardless of whether the above acts were committed for the purpose of achieving direct economic or money earnings;
• Use the Software and other Services offered by The In4mant in any other illegal manner, for any illegal purpose or in any form inconsistent with this EULA.

6. TERMINATION OF LICENSE

6.1 Notwithstanding anything contrary to this EULA and to the maximum extent as permitted by law, The In4mant shall have the right to terminate this EULA on thirty (30) days written notice to the Licensee without giving reasons for such termination and without incurring penalties of any nature whatsoever.

6.2 If the Licensee breaches any of the stipulations in this EULA, in above, The In4mant may, at its sole and absolute discretion, immediately terminate, suspend in part or in whole, or restrict the Licensee’s right to use of the Software without notice.

7. SOFTWARE UPDATES AND SERVICE

7.1 If Licensee is receiving an update or an upgrade to, or a new version of the Software, (“Update”) Licensee must possess a valid license to such previous version of the Software in order to use the Update. All Updates are provided to Licensee on a license exchange basis. Licensee agrees that by using an Update, Licensee voluntarily terminates Licensee’s right to use any previous version of the Software. Alternatively, Licensee may choose to continue using previous versions of the Software. The In4mant has no obligation to provide support, maintenance, Updates, or modifications under this EULA.

7.2 The Software activates automatically the function of “upgrade reminder”. Depending on the version of the Software, the Licensee may have an option to activate this function. After issuing Updates or new versions of the Software, The In4mant will not guarantee the continuous availability of the previous version(s) of the Software.

7.3 The In4mant reserves the right to unilaterally change or restrict part of the functional effects of the Software for the purpose of business development, and The In4mant assumes no liability whatsoever in respect of any damages suffered by the Licensee as a result of such change or restriction.

7.4 The In4mant reserves the right to amend or suspend its Service for the Software at any time and without prior notice to the Licensee. The In4mant shall not be responsible to the Licensee or any third party for The In4mant’s exercise of its right to amend or suspend the Service.

8. OPEN SOURCE SOFTWARE

Certain of The In4mant Software may contain software that are subject to “open source” licences. Where we use such Open Source Software, please note that:

• There may be provisions in the Open Source Software’s licence that expressly override these Terms, in which case such provisions shall prevail to the extent of any conflict with these Terms
• We will credit the relevant Open Source Software used in The In4mant Software within an Appendix to these terms and/or within the relevant The In4mant Software.

9. NO WARRANTY

9.1 To the maximum extent permitted by applicable law, the Software is offered on an “as-is” basis and no warranty, either express or implied, is given. The In4mant expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement.

9.2 Neither The In4mant or any affiliated companies make any representation or warranty or give any undertaking in relation to The In4mant, any of The In4mant software or any data, media or other content submitted, transmitted or displayed by The In4mant, including: (a) any representation, warranty or undertaking that The In4mant or The In4mant software will be uninterrupted, secure or error-free or free from viruses; (b) that The In4mant or The In4mant software will be compatible with your device; or (c) that The In4mant or The In4mant software will be of merchantable quality, fit for a particular purpose or not infringe the intellectual property rights of any person. To the extent permitted by applicable laws and regulations, you waive any and all implied representations, warranties and undertakings.

10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND OTHER DAMAGES

10.1 To the maximum extent permitted by applicable law, in no event shall The The In4mant, its Affiliates (as defined below), employees, officers or agents be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Software or any part or component thereof, or otherwise under or in connection with any provision of the EULA, even in the event of the fault, tort, strict liability, breach of contract, or breach of warranty of The In4mant, and even if The In4mant or its Affiliates, employees, officers or agents has been advised of the possibility of such damages. For the avoidance of doubt, in no event shall The In4mant or its Affiliates, employees, officers or agents be responsible or liable for any use of the Software by Licensee for the distribution of contents relating to obscenity, gambling, defamation, threats and information which inflicts hatred or dissension on individuals and/or certain groups of community based on ethnic group, religion, race, and group-based interest.

10.2 In this EULA, “Affiliates” shall mean any other person or entity which directly or indirectly Controls, is Controlled by, or is under direct or indirect common Control with The In4mant from time to time. “Control” shall mean: (a) the ownership or control (whether directly or indirectly) of more than thirty percent (30%) of the voting share capital of the relevant undertaking; or (b) the ability to direct the casting of more than thirty percent (30%) of the votes exercisable at general meetings of the relevant undertaking on all, or substantially all, matters; or (c) the right to appoint or remove directors of the relevant undertaking holding a majority of the voting rights at meeting of the board on all, or substantially all, matters and “Controls” and “Controlled” shall be construed accordingly.

10.3. As with all mobile communication terminal software, the Software, as it is being used by the Licensee, could become susceptible to harassments in respect of security and use. Licensee hereby agrees and acknowledges that The In4mant or its Affiliates, employees, officers or agents will not bear any liability for such harassments, including but not limited to:

• Other software downloaded and installed by the Licensee containing viruses, such as Trojan Horse, which threaten the security of the personal information and data and as a result, adversely affect the normal use of the Software;
• The mobile communication terminal is infected by a virus or is damaged as a result of the browsing or visiting by Licensee of malicious web pages; or
• The Licensee fails to normally download files due to the reasons of the supplier of the files to be downloaded, the network, the software and hardware used by the Licensee, and other reasons.

10.4 The In4mant and/or its Affiliates, employees, officers or agents shall bear no liability for the Licensee’s all possible losses caused by a third party’s communication line error, technical problem, network or mobile communication terminal failure, system instability, and other force majeure events.

10.5 All software derived from the Software that are not developed and formally released by The In4mant or not authorized by The In4mant are illegal. The download, installation or use of said illegal software may bring about unpredictable risks to the Licensee. The In4mant shall not be responsible for any legal liability and dispute arising from said download, installation or use.

11. LICENSEE’S WARRANTIES

11.1 Except as expressly set out in this EULA or as permitted by any applicable mandatory law, Licensee warrants, represents and undertakes that it shall:

• Bear the risks for the use of this Software and possess the rights and conditions required;
• Use the Software in accordance with the provisions of this EULA and all applicable laws.

12.PERSONAL INFORMATION

12.1 The Licensee agrees and acknowledges that personal information means such information that can directly or indirectly identify the Licensee, including the following: the Licensee’s name, mobile number, IP address, e-mail, and certain information regarding the Licensee’s business profile and use, internet browsing and surfing habits. The non-privacy information means the basic recorded information explicitly and objectively reflected at The In4mant server’s terminal, such as the Licensee’s operating state to the Software.

12.2 The In4mant respects the privacy of the Licensee’s personal information and The In4mant will take reasonable measures to protect the Licensee’s personal information. Unless with the Licensee’s consent, save for the purpose(s) of complying with laws, requests by courts or government departments, or purposes as listed in Clause 9.3 for which Licensee has given consent, The In4mant will not make the Licensee’s personal information public or disclose them to a third party. The Licensee hereby agrees and acknowledges that usage of the Software to visit websites could result in the collection of the Licensee’s personal information by the websites, and that The In4mant its Affiliates, employees, officers or agents shall not be responsible or liable for the data privacy practices of those websites, including without limitation the collection, handling, use, processing and retention of the Licensee’s personal information. The Licensee further agrees and acknowledges that, in order to operate and improve the technologies and quality of Services of The In4mant, The In4mant might have to collect and use the Licensee’s non-personal information and/or provide third parties with such information.

12.3 The Licensee hereby agrees, consents and acknowledges that The In4mant may collect, use, handle, process and/or the transfer the Licensee’s personal information for the following purposes:

• To carry out the Software verification service;
• To carry out the Software upgrade service;
• To improve the security of the Licensee’s use of the Software and provide customer support;
• To carry out commercial activities including, but not limited to, value-added services offered to a third party, advertising, advertising positioning, marketing, joint registration of other services, sales promotion or any other activity;
• The Licensee hereby agrees and consents to the terms of said Privacy Protection Statement);

12.4 In the event the Licensee uses specific functions of The In4mant’s Software, or when the Licensee requests The In4mant or its partners to offer particular services, The In4mant or its partners may have to provide the Licensee’s personal information to the relevant third parties.

12.5 To the maximum extent as permitted by applicable law, The In4mant has the right to release advertisements and/or information for propaganda during or through Services and such advertisements and/or information may appear in the form of system message or popup window, etc.

13.CONSENT TO THE USE OF MOBILE COMMUNICATION TERMINAL RESOURCES.

13.1 The Software requires all Licensees to use the Software jointly and to maintain the benefit and functionality provided by the Software. The Licensee hereby acknowledges, consents and agrees that the Software may make use of the Licensee’s resources, such as the processor of the Licensee’s mobile communication terminal and the bandwidth, for the limited purpose of allowing other Licensees of the Software to communicate with the Licensee and share the Software and the Services. Where applicable, the costs of such use by the Software of the Licensee’s resources (including without limitation costs of service providers) shall be solely borne by the Licensee. The Licensee hereby agrees and acknowledges that the Licensee’s enjoyment and/or experience in using the Software for communicating with other Licensees could be affected depending on the actions of other Licensees beyond the control of The In4mant and for which The In4mant, its affiliates, employees, officers or agents shall not be responsible in any way.

13.2 The Licensee acknowledges that The In4mant will use its commercially reasonable effort to protect the Licensee’s mobile communication terminal resources and the privacy and completeness of the Licensee’s communications via the mobile communication terminal. However, the Licensee acknowledges and agrees that The In4mant will not provide any warranty therefor.

14. LIMITATION OF LIABILITY

14.1 Notwithstanding any damages that Licensee might incur for any reason whatsoever and to the maximum extent permitted by applicable law, the entire liability of The In4mant and any of its suppliers under any provision of this EULA and licensee’s exclusive remedy for all of the foregoing shall be limited and in no event will The In4mant or its suppliers total cumulative liability exceed ZAR500.

15. INDEMNIFICATION

15.1 By accepting the EULA, Licensee agrees to indemnify and otherwise hold harmless The In4mant, its officers, employee, agents, subsidiaries, Affiliates, and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from Licensee’s use of the Software or any other matter relating to the Software or this EULA.

15.2 For the avoidance of doubt, if the Licensee’s breach of this EULA or relevant terms of Service brings about any third party’s claims, demands or losses to The In4mant, including attorney’s fee, the Licensee hereby agrees to indemnify and hold The In4mant harmless from all losses caused by said claims, demands or losses.

16. INTELLECTUAL PROPERTY

16.1 The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Licensee hereby acknowledges that all intellectual property rights in the Software (including but not limited to any images, text, audio, video, and “applets” incorporated into the Software) throughout the world belong to The In4mant (PTY) Ltd, that rights in the Software are licensed (not sold) to Licensee, and that Licensee has no rights in, or to, the Software other than the right to use it in accordance with the terms of this EULA. Licensee acknowledges and agrees that Licensee has no right to access the Software in source code form.

16.2 The Licensee further agrees and acknowledges that all the contents in any advertisements and commercial information provided by The In4mant for the Licensee via the Software are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Licensee may only use content from said advertisements or commercial information with the written consent of The In4mant, and shall not copy, amend or compile said advertisements or commercial, or create derivative products based on the same without The In4mant’s authorization.

16.3 The In4mant, The In4mant logo, and other The In4mant names and logos are the trademarks of The In4mant (PTY) Ltd2021/831471/07, use of which for any purposes by the Licensee without the written consent from The In4mant (PTY) Ltd is strictly prohibited. The In4mant (PTY) Ltd reserves all rights to claim remedies against the Licensee, including without limitation damages and injunctive relief, in respect of any unauthorized use of The In4mant’s intellectual property.

17. ENTIRE AGREEMENT

The EULA constitutes the entire agreement between The In4mant and Licensee and governs Licensee’s use of the Software, super ceding any prior agreement between Licensee and The In4mant relating to the subject matter hereof. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of the EULA will remain in force and effect.

18. ASSIGNMENT

Licensee may not assign this EULA, and any attempted assignment will be null and void.

19. GOVERNING LAW

This EULA will be governed by and construed in accordance with the laws of South Africa without regard to conflict of laws principles.

20. DISPUTE RESOLUTION

20.1 Any dispute or controversy under this EULA shall firstly be resolved through amicable negotiation. If no agreement is reached through such negotiations, the parties hereby agree to refer the dispute or controversy to arbitration pursuant to Clause 17.2 below.

20.2 Subject to Clause 17.1 above, the parties agree that any dispute, controversy or claim arising out or relating to this EULA, or the breach, termination or invalidity thereof, shall be settled by final and binding arbitration in South Africa when the Notice of Arbitration is submitted in accordance with these Rules. The place of arbitration shall be in Cape Town, South Africa

20.3 The tribunal for any arbitration shall consist of three arbitrators with each party appointing one arbitrator and the two arbitrators thus appointed shall choose the third arbitrator who will act as the presiding arbitrator of the Tribunal.

20.4 The language to be used in the arbitral proceedings shall be English.

20.5 The applicable law shall be the laws of the South Africa.

21. LANGUAGE

This EULA is written in English, although it may be translated into another language at sole discretion of The In4mant or by the requirement of law, the English version shall prevail.