Domain Name Registration Licence
TERMS AND CONDITIONS
The Minister responsible for Telecommunications hereby agrees to register the Licensee's Domain Name on the following terms and conditions:
1. LICENSEE'S WARRANTIES
1.1 The Licensee hereby represents and warrants that:
(a) the information contained in the Application for the registration and use of the Domain Name (" the Application") to the best of the Licensee's knowledge and belief is true and correct and that any future changes to the said information will be provided to the Minister in a timely manner;
(b) the Licensee has the right to apply for the use of the Domain Name as requested in the Application;
(c) the Licensee has a bona fide intention to use the Domain Name on the Internet;
(d) the registration and use of the Domain Name by the Licensee does not interfere with or infringe the rights of any third party in any jurisdiction in particular rights with respect to trademarks, service marks, business names, trade names , copyright, patents or any other intellectual property right;
(e) the Domain Name is not defamatory, libelous, slanderous, obscene, abusive, offensive, threatening and or immoral;
(f) the Licensee is not seeking to use the Domain Name for any unlawful purpose whatsoever.
2. OBLIGATIONS OF LICENSEE
2.1 The Licensee agrees to pay such fees as may be prescribed from time to time by the Telecommunications (Licence Fees) Regulations, 2003.
2.2 The Licensee shall comply with any directions and notifications which the Minister may from time to time, issue.
2.3 The Licensee shall not assign, transfer, sublet or otherwise dispose of the benefit of this Licence, or permit any person to participate in any of the benefits, powers or authority granted by this Licence. This Licence is personal to the Licensee.
2.4 The Licensee shall observe and comply with:
(a) legislation from time to time in force in Barbados and in particular the Telecommunications Act Cap 282B, any statutory re-enactment or modification thereof and any statutory instrument or regulation made in accordance therewith;
(b) the International Telecommunications Convention and any relevant treaty or convention for which Barbados is a party;
(c) any guidelines, rules , orders, principles, regulations or policies issued by the Minister or the Fair Trading Commission .
2.5 It is the obligation of the Licensee to have ensured by diligent search that the Domain Name presented for registration does not infringe the right of any third party in any jurisdiction. The Government of Barbados ("the Government") does not accept any liability whatsoever arising from any failure or neglect by the Licensee to so satisfy himself as required in this Condition and Condition 1.1 (d) above.
3. RIGHT OF REFUSAL
3.1 The Minister reserves the right to refuse to register a Domain Name. The Minister shall not be liable for any loss or damages that may result from the Minister's refusal to register or renew the Domain Name.
4. DURATION
4.1 The Licence shall be valid for a period of five ( 5 ) years from the date of issue as stamped on the licence, provided that the Licensee complies with the conditions of the licence, the Act and the laws of Barbados.
4.2 To apply for a renewal of this Licence, the Licensee shall submit to the Minister an application for renewal in accordance with the Act.
4.3 Where the Licensee is desirous of renewing this Licence he shall apply to the Minister no later than six ( 6 ) months prior to the expiry date of this Licence or such later date as the Minister determines. The Minister will make a final determination on the application for renewal in accordance with the Act and shall notify the Licensee of his decision within a reasonable time.
4.4 The Licence is granted on a non-exclusive basis.
5. INDEMNITY
5.1 The Licensee shall indemnify, defend and hold harmless the Government, its officers, employees and authorised agents and shall keep the Government of Barbados fully indemnified from and against any lawsuits, claims, damages or liabilities (or actions or proceedings in respect thereof) arising out of the registration and or use of the Domain Name, particularly, where such registration and or use results in damage to the Licensee or a third party or parties, service mark infringement, trade name infringement, dilution, tortious interference with contract or prospective business advantage, unfair competition, defamation or injury to business reputation. The Licensee will reimburse the Government of Barbados for all legal and other expenses, including attorney's fees, incurred in connection with investigating, defending, or settling any such loss, claim, damage, including without limitation those based upon trademark liability, action, or proceeding whether or not in connection with pending or threatening litigation in which the Minister or the Government is a party.
5.2 This indemnity shall survive the termination of this Agreement.
5.3 The Licensee agrees to:
(a) promptly notify the Minister in writing of any such claim, action or demand; mentioned and referred to in Condition 5.1; and
(b) defend any such claim, action or demand at his sole cost and expense.
6. NO GUARANTY
6.1 The Licensee agrees that registration of the Domain Name does not confer:
(a) immunity from objection by a third party to either the registration or use of the Domain Name;
(b) any legal rights over the Domain Name.
7. REVOCATION
7.1 The Licensee agrees that the Minister may revoke use of the Domain Name:
(a) if the Application or any subsequent modification thereto, contains false or misleading information, or conceals or omits any information material to the decision to register the Domain Name;
(b) where the Licensee fails to use the Domain Name within twelve (12) months from the date of issue as stamped on this Licence.
7.2 The Licensee agrees that the Minister may modify, suspend , revoke or refuse to renew a licence in accordance with Sections11,12 and 13 of the Act.
(a) In the event the Licensee desires to terminate this Licence, the Licensee shall give the Minister at least six ( 6 ) months written notice in advance of the proposed termination date;
(b) be without prejudice to the rights and remedies which may accrue to the Licensee or to the Government under this Licence or any written law as at the date of termination, suspension or revocation.
8. DISPUTE POLICY
8.1 The Licensee agrees that the Minister shall have the right to revoke the Domain Name from registration upon seven (7) days prior written notice, or at such time as ordered by a Court of Law, should the Minister receive a properly authenticated order by a Barbados Court requiring the Licensee to transfer or suspend registration of the Domain Name.
8.2 The Licensee agrees that the Minister can be presented with information that a Domain Name registered by the Licensee violates the legal rights of a third party. Such information includes but is not limited to evidence of certified proof of ownership that the Domain Name is identical to or resembles a subsisting Barbados registration of a trademark or service mark ("mark") that is in full force and owned by another person ("the Complainant"). Where a Complainant produces to the Minister certified proof of ownership of a mark duly registered in accordance with the laws of Barbados which is identical to or resembles a subsisting Barbados registration of a mark, the Licensee upon notification shall cease forthwith to use the said Domain Name and shall produce evidence of ownership of the mark within seven (7) days of being requested so to do by the Minister. If the Minister is satisfied that the Licensee cannot establish certified proof of his ownership of the mark within seven (7) days of receipt of the Minister's request the Minister shall revoke this Licence. The Licensee agrees that the Minister shall not be liable for any loss or damage whatsoever to the Licensee or any third party arising from the revocation of this Licence.
9. DISCLAIMER AND LIMITATION OF LIABILITY
9.1 The Licensee agrees that the Minister will not be liable for any loss or damage to the Licensee or any third party arising from the registration and or use by the Licensee or any third party of the Domain Name or for interruption of business or any indirect, special, incidental or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if the Minister has been advised of the possibility of such damages. In no event shall the Minister's maximum liability exceed one hundred and twenty (Bds$120.00) dollars.
10. SEVERABILTY
10.1 If any provision or portion of a provision of this Licence is held invalid or unenforceable, the remainder of this Licence shall not be affected, and the remaining terms will continue in effect and be binding on the parties, provided that such holding of invalidity or unenforceability does not materially affect the essence of this Licence.
11. NON-WAIVER
11.1 The failure of either party to enforce any of its rights or to require the performance of any obligation, responsibility or liability of the other party under this Licence shall not of itself be taken as a waiver of that party's rights, obligations, responsibilities or liabilities under this Licence.
12. NOTICES
12.1 Notices may be given hereunder by any party by facsimile, hand delivery, courier or registered mail addressed to the other party concerned in the case of the Licensee at its registered office or place of business for the time being , and in the case of the Minister at the office of the Minister responsible for Telecommunications and shall be deemed to have been received in the case of a fax at the time of dispatch ( or if the day of dispatch is not a business day, on the following business day) , in the case of a courier, on the business day after dispatch, in the case of hand delivery when delivered ( or if the day of delivery is not a business day, on the following day) and in the case of registered mail on the fifth day after the date of mailing.
13. GOVERNING LAW
13.1 This Agreement shall be governed by and construed in accordance with the Laws of Barbados and subject to the jurisdiction of the Courts of Barbados.
14. INTREPRETATION
14.1 In this Licence unless the context indicates a contrary intention:
(a) any word, phrase or expression used in this Licence shall, unless the context requires otherwise have the same meaning as it has in the Act;
(b) words importing the singular shall include the plural and vice versa;
(c) any reference in this Licence to the Act shall include any regulations made thereunder;
(d) references to any law, regulation or other statutory instrument includes any modification, re-enactment or legislative provisions substituted for same;
(e) "Domain Name "means the unique name used by the Licensee under this Licence to identify an Internet site.
Chief Telecommunications Officer
Site Updated: 14 Jan 2008
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TYPICAL TERMS AND CONDITIONS
CARRIER LICENCE
GRANTED BY THE MINISTER UNDER THE
TELECOMMUNICATIONS ACT, CAP 282B
TO
TO OWN AND OPERATE A DOMESTIC PUBLIC TELECOMMUNICATIONS NETWORK
IN
BARBADOS
Licence Issued by Minister ________________________
responsible for Telecommunications :
Date: __________________
TABLE OF CONTENTS
PART I. THE LICENCE
1. GRANT OF LICENCE
2. SCOPE
3. PAYMENT OF FEES
4. COMMENCEMENT, DURATION, AND RENEWAL OF LICENCE
5. ASSIGNMENT AND TRANSFER
6. CHANGES IN OWNERSHIP
7. MODIFICATION OF LICENCE
8. SUSPENSION, REVOCATION, OR TERMINATION OF LICENCE
PART II. BASIC OBLIGATIONS OF LICENSEE
9. NATIONAL SECURITY REQUIREMENT
10. DUTY TO CONNECT
11. NUMBERING
12. INFORMATION REQUIREMENTS
13. PRIVACY AND CONFIDENTIALITY
14. UNIVERSAL SERVICE CONTRIBUTION
15. RIGHTS OF ACCESS
16. INTERNATIONAL OBLIGATIONS
17. FACILITY
PART III. GENERAL RIGHTS AND OBLIGATIONS
18. GOVERNMENT AND OTHER COMMUNICATIONS
19. POWER TO TAKE CONTROL
20. EQUIPMENT
21. LICENSEE NOT SUBJECT TO EXCLUSIVE TAXATION
22. FORCE MAJEURE
23. COMPLIANCE
PART IV. SPECIFIC OBLIGATIONS OF LICENSEE
24. OBLIGATIONS AS A DOMINANT CARRIER
25. OBLIGATION AS THE UNIVERSAL SERVICE CARRIER
PART V. GENERAL
26. NOTICES
27. SEVERABILITY
28. WAIVER
29. GOVERNING LAW
30. EMPLOYMENT OPPORTUNITIES
31. SAFETY MEASURES
32. INTERPRETATION
SCHEDULE I - LICENSED NETWORK/SERVICES
SCHEDULE II – ADDITIONAL RIGHTS AND OBLIGATIONS OF LICENSEE
DOMESTIC PUBLIC TELECOMMUNICATIONS NETWORK
DOMESTIC PUBLIC TELECOMMUNICATIONS NETWORK
CARRIER LICENCE
PART I. THE LICENCE
1. GRANT OF LICENCE
1.1 This Licence is granted by the Minister in exercise of the powers conferred under section 4(2)(d) of the Telecommunications Act Cap 282B to the Licensee to establish, install, maintain and operate a Domestic Public Telecommunications Network in Barbados ("the Network") as set out in Schedule I in accordance with the terms and conditions of this Licence including the Schedules hereto and the Act.
2. SCOPE
2.1 The Licensee is authorised to own, possess, maintain, upgrade and lease from time to
time such plant, equipment, apparatus, appliances, property and facilities necessary to provide, operate or augment the Network.
2.2 The Licensee shall be required to obtain a spectrum licence for any spectrum used in the operation of the Network.
2.3 The Licensee shall be required to obtain a domestic telecommunications service provider licence if it intends to provide domestic telecommunications services.
2.4 This Licence is granted on a non-exclusive basis.
3. PAYMENT OF FEES
3.1 The Licensee shall make any payment of fees required by the Act and specified in Schedule II hereto.
4. COMMENCEMENT, DURATION, AND RENEWAL OF LICENCE
4.1 This Licence commences on the Effective Date for a period of years from the Effective Date.
4.2 To apply for a renewal of this Licence, the Licensee shall submit to the Minister an application for renewal in accordance with the Act.
4.3 Where the Licensee is desirous of renewing this Licence it shall apply to the Minister no later than three (3) years prior to the expiry date of this Licence or such later date as the Minister determines. The Minister will make a final determination on the application for renewal submitted by the Licensee in accordance with the Act and shall notify the Licensee of his decision within a reasonable time.
4.4 In the event the Minister intends not to renew this Licence, the Licensee shall have recourse to procedures provided for in the Act.
5. ASSIGNMENT AND TRANSFER
5.1 This Licence is personal to the Licensee. The Licensee shall not assign this Licence or any rights thereunder or transfer control of operations except in accordance with the Act.
5.2 Upon obtaining the prior written approval of the Minister to assign this Licence or any rights thereunder or to transfer control of operations, the Licensee shall advise the Minister that the assignment or transfer has been effected within one (1) calendar month of the assignment or transfer.
6. CHANGES IN OWNERSHIP
6.1 The Licensee shall notify the Minister in writing of any change in the ownership of the shareholding of the Licensee which results in a shareholder or his nominee or trustee owning a percentage of shares more than twenty-five (25) percent but not exceeding forty-nine (49) percent of the total number of shares in the Licensee.
6.2 The Licensee shall notify and obtain prior written approval from the Minister of any intended change in the ownership of the shareholding of the Licensee which exceeds forty-nine (49) percent of the total number of shares in the Licensee.
7. MODIFICATION OF LICENCE
7.1. This Licence is subject to modification in accordance with the Act.
8. SUSPENSION, REVOCATION, OR TERMINATION OF LICENCE
8.1 The Minister may suspend or revoke this Licence in accordance with the Act and the laws of Barbados.
8.2 In the event the Licensee desires to terminate this Licence, the Licensee shall give the Minister at least six (6) months written notice in advance of the proposed termination date.
8.3 Any termination, suspension or revocation of this Licence shall be without prejudice to the rights and remedies which may accrue to the Licensee or the Government under this Licence or any written law as at the date of termination, suspension or revocation.
PART II. BASIC OBLIGATIONS OF LICENSEE
9. NATIONAL SECURITY REQUIREMENT
9.1 The Licensee shall provide to the authorized officers of the Government such access by way of information, facilities, financial records or technical assistance as is reasonably required for the purposes of effecting interception of communication transmitted by means of a public telecommunications network where such interception is reasonably required for the purposes of national security and law enforcement within the framework of the appropriate legislation.
9.2 All information gained by or provided to the authorized officers of the Government pursuant to Condition 9.1 shall for the purposes of this Licence be treated by the authorized officers of the Government as strictly confidential and shall not in any way be copied, published or made use of publicly in any way whatsoever otherwise as directed in the appropriate legislation.
10. DUTY TO CONNECT
10.1 The Licensee shall provide interconnection services to its Network for the purpose of supplying telecommunications services in accordance with the provisions of the Act, Interconnection Policy, Telecommunications (Interconnection) Regulations, 2003 (S.I. 2003 No. 103) and Interconnection Guidelines.
11. NUMBERING
11.1 The Licensee shall be permitted to use, subject to section 50 of the Act, such numbering allocations as assigned.
11.2 The Licensee shall comply with the Government's National Numbering Plan and any regulations or guidelines issued under the Act on the usage, allocation and assignment
of numbers. The Licensee shall take all necessary steps to ensure that the numbers allocated are efficiently utilised.
12. INFORMATION REQUIREMENTS
12.1 The Licensee shall maintain and provide the Minister and the Commission with such information as is required under the Act and the laws of Barbados.
12.2 The Licensee may submit a Claim of Confidentiality in accordance with the Telecommunications (Confidentiality) Regulations, 2003 (S.I. 2003 No. 95) with respect to confidential information submitted to the Minister or the Commission.
13. PRIVACY AND CONFIDENTIALITY
13.1 The Licensee shall comply with section 107 of the Act and shall ensure the privacy and confidentiality of information and business secrets obtained in the course of its business from any customer by establishing and implementing procedures for maintaining confidentiality of such information.
14. UNIVERSAL SERVICE CONTRIBUTION
14.1 The Licensee shall contribute to the Universal Service Fund in such manner as specified by the Act and the Telecommunications (Universal Service) Regulations, 2003 (S.I. 2003 No. 97).
15. RIGHTS OF ACCESS
15.1 The Licensee shall have certain rights of access for specific purposes in accordance
with the Act and shall comply with all requirements and conditions specified in the
Act.
15.2 For the avoidance of doubt, such rights are accorded on a non-exclusive basis.
16. INTERNATIONAL OBLIGATIONS
16.1 The Licensee shall exercise its rights and powers and perform its duties and obligations under this Licence in a manner which complies with the Government's international obligations with respect to telecommunications.
16.2 At the Effective Date, the Minister shall notify the Licensee of any international obligations with respect to telecommunications to which Condition 16.1 applies. Thereafter the Minister shall notify the Licensee from time to time of any other international obligations to which Condition 16.1 applies.
17. FACILITY
17.1 The construction and operation of any facility by the Licensee shall be in accordance with the laws of Barbados.
17.2 The Licensee in accordance with the Act may disconnect any facility from its facility or Network where the Licensee believes on reasonable grounds, that the person who owns that facility is engaging in bypass operations.
PART III. GENERAL RIGHTS AND OBLIGATIONS
18. GOVERNMENT AND OTHER COMMUNICATIONS
18.1 Nothing herein contained shall prejudice or affect the right of the Government to
operate, maintain, or authorise the use of any domestic telecommunications equipment for any Government purpose provided always that the Government will not allow such equipment to be used for carrying any public traffic.
19. POWER TO TAKE CONTROL
19.1 If, during the duration of this Licence, for reasons of national interest or security the Government shall take over or close down any part of the Licensee's operations or a period of public emergency has been declared, the Licensee shall comply with the requirements of the Act and shall be paid fair and reasonable compensation for any loss occasioned to it.
20. EQUIPMENT
20.1 Subject to the provisions hereinafter provided, the Licensee shall pay any duty in authorized by the Customs Act Cap. 66 or any enactment in relation to the importation of equipment or items specified in Schedule II hereto.
21. LICENSEE NOT TO BE SUBJECT TO EXCLUSIVE TAXATION
21.1 For the duration of the Licence, the Licensee shall not, nor shall any of its revenues or
property in Barbados, be subject to any exclusive taxation.
21.2 Notwithstanding 21.1 above, the Licensee, its revenues and property in Barbados shall
be subject to such taxation ( not being exclusive taxation) as may be prescribed from
time to time by the laws of Barbados.
21.3 For the purposes of this Condition "exclusive taxation" means taxation imposed
specifically on the Licensee or on its revenues or property in Barbados and not being
taxation imposed on persons operating within the domestic telecommunications
sector.
22. FORCE MAJEURE
22.1 Force Majeure refers to an event or accident which is beyond the control of the Licensee and includes:
(a) acts of God, action by or against enemies of the State, riot or civil commotion;
(b) strikes, lock-outs and other industrial disturbances;
(c) wars, blockades or insurrection;
(d) earthquake, hurricane, flood, fire or explosion;
(e) outbreak of pestilence or epidemics;
(f) government rationing of electricity or other wartime or emergency controls imposed by Government; and
(g) embargoes or trade restrictions.
22.2 The Licensee shall not be in breach of this Licence if it is prevented from fulfilling its obligations by reason of Force Majeure provided that the Licensee advises the Minister of the Force Majeure when it arises, has taken all reasonable steps as determined by the Minister to mitigate the impact of the Force Majeure and has consulted with the Minister to work to promptly resume fulfillment of its obligations under the Licence when the Force Majeure has ended.
23. COMPLIANCE
23.1 The Licensee shall observe and comply with:
(a) legislation from time to time in force in Barbados in particular the Telecommunications Act Cap 282B, any statutory re-enactment or modification thereof and any statutory instrument or regulation made in accordance therewith;
(b) the International Telecommunication Convention.
(c) any guidelines, rules, orders, principles, regulations or policies issued by the Minister or the Commission.
23.2 Nothing in the Licence shall be taken as discharging the Licensee from its obligations
to obtain any other licenses, permits, or approvals that may be required under any written law in force in Barbados.
23.3 The Licensee shall be subject to penalties for offences and violations in accordance with the Act and the laws of Barbados.
23.4 The Minister shall take appropriate action against bypass in accordance with the Act and the laws of Barbados.
PART IV. SPECIFIC OBLIGATIONS OF LICENSEE
24. OBLIGATIONS AS A DOMINANT CARRIER
24.1 Where a Licensee has been declared to be the dominant carrier in respect of the provision of fixed telecommunications services in accordance with the Act, it shall comply with the laws of Barbados.
25. OBLIGATIONS AS THE UNIVERSAL SERVICE CARRIER
25.1 Where a licensee has been designated as the Universal Service Carrier for Barbados in accordance with the Act it shall comply with the universal service obligations set out in the Act and Schedule II hereto and shall ensure that the obligation is fulfilled as efficiently and as economically as possible.
PART V. GENERAL
26. NOTICES
26.1 Notices may be given hereunder by any Party by facsimile, hand delivery, courier or registered mail addressed to the other Party concerned in the case of the Licensee at its registered office for the time being, and in the case of the Minister at the office of the Minister responsible for telecommunications and shall be deemed to have been received in the case of a facsimile at the time stated on the facsimile transmission record (or if the day of transmission is not a business day, on the following business day), in the case of a courier, on the business day after dispatch, in the case of hand delivery when delivered (or if the day of delivery is not a business day, on the following business day) and in the case of registered mail on the fifth day after the date of mailing.
27 SEVERABILITY
27.1 If any provision or portion of a provision of this Licence is held invalid or unenforceable, the remainder of this Licence shall not be affected, and the remaining terms will continue in effect and be binding on the parties, provided that such holding of invalidity or unenforceability does not materially affect the essence of this Licence.
28. WAIVER
28.1 The failure of either Party to enforce any of its rights or to require the performance of any obligation, responsibility or liability of the other Party under this Licence shall not of itself be taken as a waiver of that Party's rights, obligations, responsibilities or liabilities under this Licence.
29. GOVERNING LAW
29.1 This Licence shall be governed by and construed according to the laws of Barbados and subject to the jurisdiction of the Courts of Barbados.
30. EMPLOYMENT OPPORTUNITIES
30.1 For the duration of this Licence, the Licensee shall when hiring staff for its operations in Barbados, first seek to employ citizens from Barbados or other CARICOM member countries who have applied and are suitably qualified for any post, position or job which is vacant.
31. SAFETY MEASURES
31.1 The Licensee shall take all reasonable measures to ensure the health and safety of the persons who operate, use, install and maintain or are otherwise reasonably likely to be affected by the operation of the Network and shall conform with best international practices in relation to health and safety in the provision of the Network.
32. INTERPRETATION
32.1 In this Licence the expressions set out below have the meanings given to them
below:
"Act" means the Telecommunications Act Cap 282B and Regulations made thereunder.
"Domestic public telecommunications network" means a public switched
telecommunications network owned and operated by a carrier for the provision of
domestic telecommunications services to the public in Barbados.
"Duty" has the meaning assigned by section 2 of the Customs Act Cap.66.
"Effective Date" means the date this Licence is issued by the Minister as shown on the first page hereof and the Licensee is granted authority to establish, install, maintain and operate the Network under this Licence.
"Fixed telecommunications services" means a telecommunications service that is provided between fixed points using guided media such as copper, coaxial or fibre optic cables.
"Government" means the Government of Barbados.
"International Telecommunication Convention" means the International Telecommunication Convention adopted in Nairobi in November 1982 to which Barbados is a party.
"Licence" means the authorization herein granted by the Minister to the Licensee to establish, install, maintain and operate the Network.
"Licensee" means being the person to whom this Licence is granted or any person to whom this Licence is lawfully assigned in accordance with Condition 5.
"Minister" means the Minister with responsibility for Telecommunications.
"Network" means the domestic public telecommunications network licensed under Condition 1.1.
"Numbering Plan" means the National Numbering Plan developed by the Minister.
"Spectrum Licence" means the licence required for the use of spectrum.
"Wireline" means the provision of a telecommunications network using copper, coaxial, fibre or any combination of cable technology.
32.2 In this Licence unless the context indicates a contrary intention:
(1) Any word, phrase or expression used in this Licence shall, unless the context
requires otherwise have the same meaning as it has in the Act.
(2) Words importing the singular shall include the plural and vice versa.
(3) Any reference in this Licence to the Act shall include any regulations made
thereunder.
(4) References to any law, regulation or other statutory instrument includes any
modification, re-enactment or legislative provisions substituted for same.
(5) The headings in this Licence are for convenience only and shall not constrain or affect its construction or interpretation in any way whatsoever.
(6) The use of the word "includes" or "including" is to be construed as being without limitation.
SCHEDULE I
LICENSED NETWORK/SERVICES
SCHEDULE II
ADDITIONAL RIGHTS AND OBLIGATIONS OF LICENSEE
1. Fees
