East Coast Associates License & Data Transfer Disclaimer
Note: 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 us here.
