This is the survey that I am participating in now. The first was a MSNCafe survey and then I downloaded a application that will record my usage on my Blackberry.

Read all the details I copied below.

Dear Participant,

As a valued member of CaféMSN, you have been chosen to participate in a study related to your mobile phone and the services you use on your phone. The study results will help us to improve and refine the services on mobile phone and therefore your responses are very important for us. The questionnaire should take no more than 10 minutes to complete.

Upon completing this survey, as a token of appreciation, your e-mail address will be automatically registered and you will receive a gift certificate of Amazon.com valued at $5. The certificate will be electronically transferred to your e-mail IDs within 2-3 weeks after you respond to survey. To participate, you will need send the response in next 3 days.

To begin the survey, click on the link given below: http://survey.euro.confirmit.com/privateinfo
Please note, your survey responses will be kept confidential and you will only be contacted on your e-mail address based on completion of the survey. All analysis and reporting will only be done in aggregate and results will be used solely for market research purposes. You must be 18 years or older to participate in this survey.

After completion of the survey, you will get an opportunity to earn an additional $25 by participating in a new research program targeted among the Smartphone or Advanced Phone users.

Thank you in advance for taking the time to provide your valuable feedback.Sincerely,CaféMSN Member Services

YOU MUST READ THESE TERMS AND CONDITIONS BEFORE YOU USE THIS APPLICATION. PLEASE PAY PARTICULAR ATTENTION TO THE “NO WARRANTY” AND “LIMITATION OF LIABILITY” SECTIONS. AFTER YOU HAVE READ THIS AGREEMENT, FOLLOW THE INSTRUCTIONS BELOW FOR ACCEPTING THIS AGREEMENT BETWEEN INFORMATE AND YOU FOR THE DOWNLOAD AND USE OF ITS SOFTWARE APPLICATION, SmartMeter. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT DOWNLOAD OR USE THIS SOFTWARE.

1. USE OF SOFTWARE. By downloading this application, (the “Software”), you are granted a single license to download the product on a single mobile device, subject to the following condition:

            a.You will be part of a research panel of mobile phone users who will install SmartMeter software on their devices. Phone usage data collected from this panel will be aggregated across all members in analyzing phone usage trends and preferences and generating reports. You will be required to first register to use this service. Upon registration, we will text or SMS you the link to download the necessary software. We may, at our discretion, contact you for additional information. As a condition for your continued use of the Software, you agree to provide us and keep all your current information updated with us at all times.

            b. Upon registration you will be/LI assigned a panelist ID that will be associated with your phone identity number (IMEI). You are responsible for maintaining the confidentiality of the password and account. You agree to immediately notify us of any unauthorized use of your password or membership account or any other breach of security.

            c. Customer support is available through the helpline or email address provide. Any customer support requests will be addressed on a first come first serve basis, but in no event later than seven (7) days after receipt.

           d. Designated SmartPhoneMate representatives may visit or contact you, at your convenience and with your prior consent to conduct surveys on this or any other products or services.

            e. Automatic Upgrades. SmartPhoneMate may periodically, and automatically, update your SOFTWARE PRODUCT as part of its effort to improve the collection, storage, and usability of data collected from your mobile device. All updates that you receive are subject to the terms of this AGREEMENT.

2. NONCOMPETE PROVISIONS. In order to participate in the research panel, you agree not to be employed by, be affiliated with or in any way directly or indirectly own a business engaged in tele-communications, directly or indirectly in providing service or manufacturing support to cell devices related businesses or providing Value Added Service (VAS) to telecom operators.

3. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the Software and user documentation are owned by the Application Owner or his/her company and are protected by applicable intellectual property laws (including patent, trademark and copyright laws) and international treaty provisions. INFORMATE retains all rights not expressly granted.

4. TERMINATION. INFORMATE may terminate this Agreement and your right to use the Software, or may modify the terms of this Agreement, at any time without notice or cause. Upon termination you must deinstall and destroy all copies of the Software. You have the right to terminate this Agreement and cease the use of this software at any time without notice or cause.

5. RESPONSIBILITIES; NO SUPPORT. You acknowledge that the Software is not commercially available and has not undergone the quality assurance testing that INFORMATE performs on products which INFORMATE makes commercially available to the general public for a fee. INFORMATE WILL NOT PROVIDE ANY SUPPORT OR TECHNICAL ASSISTANCE WITH RESPECT TO YOUR USE OF THE SOFTWARE. YOU FURTHER WARRANT THAT YOU ARE AUTHORIZED TO MANAGE, CONFIGURE, DOWNLOAD AND INSTALL SOFTWARE ON YOUR PHONE. WE DO NOT PROVIDE YOU WITH THE EQUIPMENT TO ACCESS THE SERVICE. YOU ARE RESPONSIBLE FOR ALL FEES CHARGED BY THIRD PARTIES TO ACCESS THE SERVICES (E.G., DATA CHARGES BY OPERATOR).

6. DATA COLLECTED; SmartMeter software records and collects participants’ mobile phone data usage, including i. List of calls made and received, use of various applications; lists of messages; Mobile web browsing activity; Camera and video use; Technical information about the device (e.g. applications installed, battery strength, mobile phone service provider, Bluetooth and roaming status).

We do not collect or view text or other content in personal files, email text or instant messages, image files either downloaded or captured via camera devices, contact or address book entries saved on the phone, or calendar entries.

All data collected will be used to process reports, which may be shared with Telecom Service Providers, Mobile Phone Manufacturers, VAS Operators etc. The shared information shall not include any personally identifiable information. We will not access your personal data or information without your prior written consent, which will be governed by a separate Terms & Conditions Agreement.

7. NO RESALE OR REUSE. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your mobile device number), use of the Service, or access to the Service. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone to: (a) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available through the Service or compile or collect any Service Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Service or store, copy, modify, distribute, or resell any Service Content; (c) rent, lease, or sublicense your access to the Service to another person; (d) use the Service or Service Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Service; (f) use the Service in a manner that threatens the integrity, performance, or availability of the Service; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or Service Content.

8. NO WARRANTY. Given the nature of this license and of the Software, INFORMATE IS PROVIDING THE SOFTWARE TO YOU “AS IS” AND MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR ANY RELATED USER DOCUMENTATION, INCLUDING, WITHOUT LIMITATION, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

9. LIMITATION OF LIABILITY. Because software is inherently complex and may not be completely free of errors, you are required to verify your work and to make backup copies. GIVEN THE NATURE OF THE SOFTWARE, IN NO EVENT WILL INFORMATE BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, TORT, COVER OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER IN CONNECTION WITH YOUR USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO LOSS OF PROFITS, BUSINESS, GOODWILL, DATA OR COMPUTER PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. MISCELLANEOUS. This Agreement may not be amended or modified without the written consent of an authorized representative of each party. The export, distribution and disclosure of the Software are subject to U.S. Export Administration Regulations. The terms of Sections 1, 4 and 5 shall survive any termination of this agreement. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts.

11. INDIAN AND U.S. GOVERNMENT RESTRICTED RIGHTS.The Software and/or user documentation are provided with RESTRICTED AND LIMITED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-14 (June 1987) Alternate III(g)(3) (June 1987), FAR 52.227-19 (June 1987), or DFARS 52.227-7013 (c)(1)(ii) (June 1988), and under relevant Indian laws as applicable. Contractor is INFORMATE, 517, Palm spring, 5th floor, New Link Road, Malad (W) Mumbai – 400064, India. In the event the Government seeks to obtain the Software pursuant to standard commercial practice, this software agreement, instead of the noted regulatory clauses, shall control the terms of the Government’s license.

IF YOU DO NOT AGREE WITH THE ABOVE TERMS AND CONDITIONS, DO NOT INSTALL THE SOFTWARE.

SOFTWARE DOWNLOAD SPECIFIC NOTICES

NOTICE SPECIFIC TO SOFTWARE DOWNLOADS AVAILABLE ON THIS WEB SITE ACCESSIBLE TO (“you”):

NOTICE SPECIFIC TO SOFTWARE DOWNLOADS AVAILABLE ON THIS WEB SITE ACCESSIBLE TO (“you”):

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING ANY SOFTWARE PRODUCT(S) OVER THE WEB. BY DOWNLOADING ANY SOFTWARE PRODUCT, YOU EXPRESSLY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS DOWNLOAD AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS DOWNLOAD AGREEMENT, YOU MAY NOT DOWNLOAD ANY SOFTWARE PRODUCT OFF OF, OR FROM, THIS WEB SITE. INFORMATE MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT AT THIS WEB SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED USE AND/OR DOWNLOADING OF SOFTWARE AVAILABLE TO YOU HEREUNDER SHALL INDICATE YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT.

NO SOFTWARE PRODUCT MAY BE DOWNLOADED FROM THE WEB OR OTHERWISE EXPORTED OR RE-EXPORTED INTO (OR TO A NATIONAL OR RESIDENT OF) ANY COUNTRY TO WHICH THE US HAS EMBARGOED GOODS. BY USING ANY SOFTWARE PRODUCT DOWNLOADED FROM THIS WEB SITE, YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN, UNDER THE CONTROL OF, OR A NATIONAL OR RESIDENT OF ANY SUCH COUNTRY. ANY SOFTWARE PRODUCT WHICH CONTAINS CRYPTOGRAPHIC FUNCTIONS IS FURTHER SUBJECT TO SPECIAL EXPORT LICENSING REQUIREMENTS BY THE U.S. DEPARTMENT OF COMMERCE.

Any software that is made available to download from this web site (“Software”) is the copyrighted work of INFORMATE (its affiliated companies and/or its suppliers) or is the copyrighted work of the third party posting the Software at this web site. This Software Download Agreement does not grant you a license to use the Software. Any and all use of the Software is governed exclusively by the terms of the Software License Agreement which accompanies the Software or is otherwise provided to you online, electronically (via this web site) prior to downloading the applicable Software (singularly and collectively referred to as “SLA”). The Software is made available for downloading solely for internal, non-commercial, use by you in accordance with the terms and conditions of the SLA. In the event that you do not agree with the terms of the SLA, then: (i) for Software with an SLA embedded in the Software, you must immediately delete all copies (whole and partial) of the Software from your mobile device and back-up system(s); and (ii) for Software with its SLA provided to you on-line electronically (via this web site), refrain from downloading the Software and immediately return to the Notes.net home page.

Any use, reproduction, or distribution of the Software not in accordance with the SLA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. You agree to indemnify, defend and hold INFORMATE (its affiliates companies and suppliers) harmless from any demand, claim, or loss arising out of your material breach of this Download Agreement.

Validity of Electronic Communications. All electronic communications made by you using certain numbers, codes, marks, signs, public keys or other means of establishing your identity which are acceptable to INFORMATE will be deemed to be valid and authentic. You intend and agree that those electronic communications will be given the same legal effect as written and signed paper communications. You agree that electronic copies of communications are valid and you will not contest the validity of the originals or copies, absent proof of altered data or tampering which has not been authorized by you.

No Third Party Liability/Limitation of Liability. INFORMATE (its affiliated companies and/or suppliers) shall not be liable for the loss of data, information, transaction or other losses which may be due to the failure of your mobile device or third party communications provider on which you may rely. INFORMATE makes no representations as to the existence or nonexistence of any software virus, defect or the like, or errors arising from transmission(s) which may occur from the downloading of the Software off of the web site over third party telecommunications lines. IN NO EVENT SHALL INFORMATE, ITS AFFILIATED COMPANIES AND/OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, RESULTING FROM LOSS OF OR USE OF DATA, OR PROFITS, REGARDLESS OF THE CLAIM OR FORM OF CLAIM, WHETHER IN CONTRACTS, TORTS OR NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THE DOWNLOADING OF THE SOFTWARE, POSSESSION, USE OR PERFORMANCE OF THE SOFTWARE, DOCUMENTATION, INFORMATION RECEIVED FROM THIS WEB SITE, OR THE PROVISION OF, OR OMISSION OF SERVICES OR INFORMATION AVAILABLE FROM INFORMATE PURSUANT TO THIS DOWNLOAD AGREEMENT AND THIS WEB SITE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Changes/Interruptions in Service. INFORMATE may, on a regular basis, perform maintenance on its equipment and system which may result in interrupted service. INFORMATE will attempt to provide prior notice of such interruption and changes but cannot guarantee that such notice will be provided. In no event shall INFORMATE be liable to you or any third party due to Lotus’ performance of maintenance and related services, or omission thereof.

No Warranties. The Software is provided “AS IS”. The Software is warranted, if at all, only in accordance with the terms and conditions of the SLA. EXCEPT AS EXPRESSLY WARRANTED IN THE SLA, INFORMATE (ITS AFFILIATES COMPANIES AND SUPPLIERS) MAKES NO WARRANTY, REPRESENTATION, PROMISE OR GUARANTEE, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, OR RELATED TECHNICAL SUPPORT, AND INFORMATE EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES, OF ANY NATURE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Security. In order to maintain secure communications and reduce fraud, you agree to protect the security of your numbers, codes, marks, signs, public keys or other means of identification. INFORMATE shall not be liable for any of your losses or damage which results from your failure to secure your means of identification.

Governing Law. This Agreement is entered into in the jurisdiction of Mumbai, India and and governed by the laws of the State of Maharashtra and Indian federal statutes, without regard to its conflicts of laws rules. Any action at law, suit in equity, or other jurisdictional proceeding for the enforcement of this Agreement or any provision thereof shall be instituted exclusively in a federal or state court of competent jurisdiction sitting in Mumbai, India

Termination; Entire Agreement. Violation of this Agreement may result in the immediate termination of your rights to download Software from this web site. In addition, this Agreement and your right to download Software from this web site may be terminated at any time for any reason without notice by INFORMATE. If any provision of this Agreement is unenforceable at law, the rest of the provisions shall remain in effect. No amendment or modification to this Agreement shall be effective unless expressly agreed to, in writing by INFORMATE This Agreement may not be assigned by you without the express, prior written consent of INFORMATE. This Agreement is the complete and exclusive agreement regarding your on-line Software download and replaces any prior oral or written communications between you and INFORMATE.

The original of this Agreement is written in English. You hereby waive any claim or right to have this Agreement translated into any language other than English. Furthermore, you hereby waive any claim or right to have this Agreement interpreted under any local law, ordinance, directive, or act, other than under the laws of the Mumbai. Your ability to download Software shall terminate immediately in the event that any applicable law or regulation is enacted which invalidates any provision of this Agreement, or which prohibits or restricts on-line commerce or Software access such as contemplated hereunder.

I have read and understand this Software Download Agreement and I hereby expressly agree with, accept, and consent to, the terms and conditions of this Software Download Agreement. Furthermore, I hereby waive any claim or right that I may have to assert that my electronic acceptance herewith is not the equivalent of, or deemed as, a valid signature to this Software Download Agreement