East Coast Associates License& Data Transfer
Disclaimer
PLEASE READ THIS CAREFULLY BEFORE USING MATERIALS
YOU MAY OBTAIN A COPY OF ‘iMobiMac Modem’ BY
DOWNLOADING IT REMOTELY FROM THE SERVER OF EAST COAST ASSOCIATES LLC
('THE LICENSOR'). THE COPYRIGHT, DATABASE RIGHTS AND ANY OTHER INTELLECTUAL
PROPERTY RIGHTS IN THE PROGRAMS AND DATA WHICH CONSTITUTE ‘EAST COAST
ASSOCIATES LLC’ ('THE PRODUCT') ARE AND REMAIN THE PROPERTY OF THE
LICENSOR. YOU ARE LICENSED TO USE THEM ONLY IF YOU ACCEPT ALL THE
LICENSE TERMS SET OUT BELOW.
BEFORE YOU CLICK ON THE 'ACCEPT' BUTTON AT THE BOTTOM
OF THIS WINDOW, READ THE LICENSE TERMS CAREFULLY. BY CLICKING ON THE
'ACCEPT' BUTTON. BY DOWNLOADING THE PRODUCT, YOU INDICATE ACCEPTANCE
OF THE LICENSE TERMS AND THE LIMITED WARRANTY AND LIMITATION OF LIABILITY
SET OUT IN THEM. ACCEPTANCE IS EITHER ON YOUR OWN BEHALF OR ON BEHALF
OF ANY CORPORATE ENTITY WHICH EMPLOYS YOU OR WHICH YOU REPRESENT ('CORPORATE
LICENSEE').
YOU SHOULD PRINT AND
RETAIN A COPY OF THE LICENSE TERMS.
IF YOU DO NOT ACCEPT THE LICENSE TERMS, YOU MUST
DELETE THE PRODUCT FROM YOUR COMPUTER.
LICENSE TERMS
1 Ownership of materials and copies
The
Product and related documentation are copyrighted works of authorship,
and are also protected under applicable database laws. The Licensor
retains ownership of the Product and all subsequent copies of the
Product, regardless of the form in which the copies may exist. This
LICENSE is not a sale of the original Materials or any copies.
2 LICENSE
The
Licensor grants to you a limited, non-exclusive LICENSE to use the
Product on one computer and on one ‘Blackberry’ device owned, leased
and/or controlled by you or the Corporate Licensee, for the sole
purpose of enabling mobile communications.
3 LICENSE restrictions
You
may not use, copy, modify or transfer the Product, except as expressly
provided for in this LICENSE. If you transfer possession of the
Product to another party, your LICENSE is automatically terminated.
You may not translate, reverse engineer, decompile, disassemble,
modify or create derivative works based on the Product. You may
not vary, delete or obscure any notices of proprietary rights or
any product identification or restrictions on or in the Product.
4 No transfer
The
Product are licensed only to you. You may not rent, lease, sub-license,
sell, assign, pledge, transfer or otherwise dispose of the Product,
on a temporary or permanent basis, without the prior written consent
of the Licensor.
5 Limited warranty
5.1
Subject to the limitations and exclusions of liability below, the
Licensor warrants that the Product will in all material respects
operate as set-out in the documentation on the Licensor’s web site.
The warranty period is 90 days from the date of your acceptance
of these LICENSE terms.
5.2
The Licensor shall not be liable if the Product fail to operate
in accordance with the above warranty as a result of any modification,
variation or addition to the Product not performed by the Licensor
or caused by any abuse, corruption or incorrect use of the Product,
including use of the Product with equipment or other software which
is incompatible.
6 No other warranties
The
above warranty is made in lieu of any other warranties, representations
or guarantees of any kind, either express or implied, including,
but not limited to, any implied warranties of quality, merchantability,
fitness for a particular purpose or ability to achieve a particular
result. You assume the entire risk as to the quality and performance
of the Product. The Licensor does not warrant that the Product will
meet your requirements or that their operation will be uninterrupted
or error free.
7 Limitation of liability
The
Licensor's entire liability shall not exceed the applicable LICENSE
fee.
8 Exclusion of liability
Except
in respect of personal injury or death caused directly by the negligence
of the Licensor, in no event will the Licensor be liable to you
for any damages, including any lost profits, lost savings, loss
of data or any indirect, special, incidental or consequential damages
arising out of the use of or inability to use such Materials, even
if the Licensor has been advised of the possibility of such damages.
Nothing in these LICENSE terms limits liability for fraudulent misrepresentation.
9 Your statutory rights
This
LICENSE gives you specific legal rights: you may also have other
rights that vary from country to country. Some jurisdictions do
not allow the exclusion of implied warranties, or certain kinds
of limitations or exclusions of liability, so the above limitations
and exclusions may not apply to you. Other jurisdictions allow limitations
and exclusions subject to certain conditions. In such a case the
above limitations and exclusions shall apply to the fullest extent
permitted by the laws of such applicable jurisdictions. If any part
of the above limitations or exclusions is held to be void or unenforceable,
such part shall be deemed to be deleted and the remainder of the
limitation or exclusion shall continue in full force and effect.
Any rights that you may have as a consumer (that is, a purchaser
for private as opposed to business, academic or government use)
are not affected.
10 Term, registration and payment
10.1
To continue the LICENSE beyond the initial free trial period, you
must register and pay the appropriate LICENSE fee via the Licensor’s
web site no later than 30 days from your acceptance of the LICENSE
terms. The Licensor will provide you with a unique LICENSE key upon
registration.
10.2
You may terminate the LICENSE at any time by destroying the Product
together with all copies in any form. It will also terminate upon
conditions set out elsewhere in the terms, if you fail to register
and pay the applicable LICENSE fee under clause 10.2 or if you fail
to comply with any of the other LICENSE terms. You agree upon such
termination to destroy the Product together with all copies in any
form.
11 General
11.1
Each party irrevocably agrees that the courts of South Carolina
shall have exclusive jurisdiction to resolve any controversy or
claim of whatever nature arising out of or in relation to these
terms.
11.2
These terms constitute the complete and exclusive statement of the
agreement between the Licensor and you with respect to your LICENSE
to use the Product and supersedes all proposals, representations,
understandings and prior agreements, whether oral or written, and
all other communications between you and the licensor.
11.3
Any clause in this Agreement that is found to be invalid or unenforceable
shall be deemed deleted and the remainder of this Agreement shall
not be affected by that deletion.
11.4
Failure or neglect by you or by the Licensor to exercise any rights
or remedies under the agreement will not be construed as a waiver
of that party's rights nor in any way affect the validity of the
whole or part of the agreement nor prejudice that party's right
to take subsequent action.
11.5
The LICENSE is personal to you and you may not assign, transfer,
sub-contract or otherwise part with it or any right or obligation
under it without the Licensor's prior written consent.
EAST COAST ASSOCIATES LLC Data Transfer Disclaimer
PLEASE READ THIS CAREFULLY BEFORE USING MATERIALS.
EAST COAST ASSOCIATES LLC TAKE NO RESPONSIBILITY FOR THE DATA TRANSFER
USAGE WHILE USING ‘iMobimac Modem’.
PLEASE BE AWARE THAT SOME CARRIER COSTS MAY BE INCURRED BY THE USER
SHOULD THEY EXCEED THEIR CARRIERS FAIR USE POLICY.
BY USING ANY MATERIALS OR PRODUCTS YOU ACKNOWLEDGE AND ACCEPT, THAT
YOU HAVE READ, UNDERSTOOD AND AGREE TO THE DISCLAIMER.
IF YOU DO NOT ACCEPT THE DISCLAIMER, YOU MUST DELETE THE PRODUCT
FROM YOUR COMPUTER AND DO NOT LOAD AND INSTALL THE IMOBIMAC MODEM
SOFTWARE.
If you have any questions concerning these
terms, contact iMobimac at info@imobimac.com.
