The Wireless Mobi Solution website (this "Site") is offered for your use subject to your acceptance, without modification, of the following terms and conditions (these "Terms and Conditions"). Please read them carefully. Your use of this Site constitutes your agreement to these Terms and Conditions Additionally, certain materials on this Site are provided by Wireless Mobi Solution as a service to its authorize Doems, distributors, resellers and purchasers of Wireless Mobi Solution products, and by downloading any materials from this Site, such users agree to these Terms and Conditions.
Wireless Mobi Solution owns this Site. We also own or license the services and products available on this Site, the images, text, information, and other content presented on this Site, and all of the related software and technology (collectively, the "Content"). You may not use this Site or copy, modify, adapt, upload, download, transmit, distribute, display, perform, publish, license, create derivative works from, transfer, sell, decompile, or reverse engineer any of the Content except as expressly permitted by these Terms and Conditions.
You may use this Site only for your own personal, lawful, non-commercial purposes. As a condition to your use of this Site, you represent and warrant that you will not use this Site or any of the Content in violation of any applicable law, in connection with any commercial or "for profit" enterprise, or in any other manner that would conflict with these Terms and Conditions.
This Site and its Content, including, without limitation, all information, services, and software, are provided "as is" and with "all faults". Wireless Mobi Solution makes no representation or warranty of any kind with respect to this Site or any website or service accessible through this Site. Wireless Mobi Solution expressly disclaims all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement relating to materials or content included on this Site.
In no event will Wireless Mobi Solution be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data) without regard to the form of action and whether in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with this Site, and Content on or accessed through this Site or any website service linked to, or any copying, displaying, or use thereof, even if Wireless Mobi Solution or its suppliers have been advised of the possibility of such damages.
Access to certain portions of this Site, including services on this Site, is limited to Wireless Mobi Solution customers and authorized OEMs, distributors or resellers of Wireless Mobi Solution products (i.e., persons who have entered into a service agreement with us and have been provided a user name and password).As a customer and authorized user, you represent and warrant that you will take all reasonable precautions to preserve the confidentiality of your personal login information and to prevent its unauthorized use.
Wireless Mobi Solution may at any time, in its exclusive discretion and without notice, terminate, suspend, or restrict your access to this Site or any of its components. In particular, and without limitation, your use of this Site in violation of any of these Terms and Conditions may result in the termination of your Wireless Mobi Solution services agreement and/or access to this Site, as well as the taking of legal action against you.
If any portion of this Site enables you to download any Content, you many download one (1) copy of that Content for use on a single computer ("Downloaded Content"), solely for your personal, lawful, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices. If the Downloaded Content contains additional terms and conditions, then your use of that Downloaded Content will be governed by the provisions of those additional terms and conditions, as well as these Terms and Conditions. The installation or use by you of any Downloaded Content that includes additional terms and conditions will constitute your acceptance of these additional terms and conditions.
You may not copy, reproduce, publish, distribute, display, or otherwise transfer, or modify, adapt, perform, license, sell, or create derivative works from, or decompile, disassemble, or otherwise reverse engineer, any Downloaded Content, without the express written consent of the owner of the Downloaded Content. For example, and without limiting the foregoing, you may not remove or modify any copyright, trademark, or other proprietary notice displayed on any Downloaded Content, nor may you transmit or otherwise transfer any Downloaded Content to any other computer, server, website, or other medium for mass distribution or for use in any commercial enterprise.
All Content on this site is the intellectual property of Wireless Mobi Solution, and we hereby reserve all rights to these works. No other use of the Content of this Site is authorized or permitted. In connection with any use of the Content of this Site, you agree to maintain the copyright notice of Wireless Mobi Solution with respect to any content you reproduce and to add a permission notice with the copyright notice (i.e. - used with permission). The limited license set forth in this Section will terminate automatically without notice if you breach any of the terms or conditions set forth herin.
ALL CONTENT ON THIS WEBSITE IS PROTECTED BY COPYRIGHT, EXCEPT AS SPECIFICALLY PERMITED HERIN, NO PORTION OF THE INFORMATION ON THIS WEBSITE MAY BE REPORODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM WIRELESS MOBI SOLUTION. EXCEPT AS SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND WIRELESS MOBI SOLUTION, VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS WEBSITE FOR ANY PUBLIC OR COMMERCIAL PURPOSE.
As used in this Section 3, the terms "Confidential Information": does not include:(i)information you possessed prior to its receipt from Wireless Mobi Solution, without an obligation on your part to keep such information confidential; (ii) information that is or becomes generally known to the public through no act or omission by you in violation of these Terms and Conditions or any other confidentiality obligation you owe to Wireless Mobi Solution or a third party; or (iii) information you independently developed without the use of Confidential Information and without participation of individuals who have had access to Confidential Information. In the event that you are required by law, court order or governmental authority to disclose Confidential Information, you may disclose the information after providing Wireless Mobi Solution prior notice and opportunity to object to the disclosure; provided that you request that any information so disclosed be kept confidential.
Any software which you download from our Site is governed by (i) the license terms accompanying the software file; (ii) if no license terms accompany the software file, the terms of the license agreement which accompanied the original product licensed by you which you are updating; or (iii) the terms of any written software license agreement signed by you and Wireless Mobi Solution covering the software being downloaded. In the event of any conflict between software license agreements covering specific software being downloaded, the terms of the software license agreement set forth in writing and signed by the parties will prevail. Unless otherwise set forth in writing from Wireless Mobi Solution, software licenses covering software downloads from our Site only apply to Wireless Mobi Solution customers and authorized OEMs, distributors or resellers of Wireless Mobi Solution products, and to customers of authorized OEMs, distributors or resellers of Wireless Mobi Solution products, in each case used in support of those Wireless Mobi Solution products purchased from authorized OEMS, distributors or resellers. No other person or entity is granted a license to use or download any software included on this Site. Except as expressly set forth in a written agreement signed by the parties, Wireless Mobi Solution is under no obligation to update or support any software downloaded from this Site and Wireless Mobi Solution may terminate this license at any time.
This Site, its Content, and the other trademarks, logos, and service marks ("Marks") displayed on this Site are property of Wireless Mobi Solution (©2008 - 2010 Wireless Mobi Solution) or other third parties. "Wireless Mobi Solution" and other names and designations of Wireless Mobi Solution or any of its products or services referenced on this Site are each service marks or trademarks (or registered service marks or trademarks) of Wireless Mobi Solution, 16870 W. Bernardo Dr., Suite 400, San Diego, California, 92127. Other company names and other product or service names or designations referenced on this Site may be the service marks or trademarks (or registered service trademarks) of their respective owners. All rights in this Site and the Content are reserved to Wireless Mobi Solution. Users of this Site are not authorized or permitted to use the Marks without the prior written permission of Wireless Mobi Solution or the third party who owns the mark.
Use of, and access to, this Site and its contents are subject to all applicable federal, state and local laws. Information on this Site may be subject to United States export control laws and similar laws in the country in which you reside. You expressly agree to comply with all applicable laws in connection with your use of and access to information on this Site. All Wireless Mobi Solution products and publications are commercial in nature.
Although Wireless Mobi Solution has attempted to provide accurate information on this Site, we assume no responsibility for the accuracy of the information. We may change the programs or products described on this Site without notice at any time. Descriptions of products or services not provided or sold by Wireless Mobi Solution are provided for informational purposes only and should not be construed as an endorsement or recommendation of the product or service.
Wireless Mobi Solution maintains this Site in the State of California, U.S.A. and you agree that these Terms and Conditions and any legal action or proceeding relating to this Site shall be governed by the laws of the State of California without reference to any jurisdiction's choice of law rules. If you attempt to bring any legal proceedings against Wireless Mobi Solution relating to this Site, you specifically acknowledge that Wireless Mobi Solution is free to choose the jurisdiction of our preference as to where such action against us may be held. As you have agreed by using this Site to choose the laws of the state of California to govern any such proceedings, we will probably choose to defend any such action in California and we can make this decision entirely as it suits us, without regard to where in the world you are located, or from where in the world you visited this Site. Your use of this Site is unauthorized in any jurisdiction that does not give effect to all of the provisions of these Terms and Conditions, including, but no limited to, the provisions of this paragraph.
Except as otherwise agreed upon in writing with an authorized representative of Wireless Mobi Solution, any material, information or other communication ("Communications") you transmit or post to this Site will be considered non-confidential and non-proprietary. Wireless Mobi Solution will have no obligations with respect to Communications. Wireless Mobi Solution will be free to copy, disclose, distribute or otherwise use the Communications and all data, images, text, and others content included in the Communication for any commercial or non-commercial purpose.
Access to and use of password protected and/or secure areas of this site is restricted to authorized users only. Unauthorized individuals accessing or attempting to access these areas of the Site may be subject to prosecution. In no event will Wireless Mobi Solution be responsible for damages arising out of the improper use of your password by unauthorized personnel.
You may find on our Site links to other Internet sites and resources. You acknowledge and agree that Wireless Mobi Solution is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
(1) You may not assign, transfer, subcontract, or delegate any of your rights, duties, or obligations under these Terms and Conditions.
(2) We reserve all rights relating to this Site or the Content not expressly granted to Wireless Mobi Solution by these Terms and Conditions.
(3) If any provision of these Terms and Conditions is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and will not affect the validity or enforceability of any of the remaining provisions of these Terms and Conditions.
(4) No waiver by Wireless Mobi Solution of any provision here of, and no failure by Wireless Mobi Solution to exercise any of its rights or remedies hereunder, will be deemed to constitute a waiver of such provision, right, or remedy in the future, or of any other provision, right or remedy hereunder, unless such waiver is set for in a written instrument signed by the President of Wireless Mobi Solution.
(5) Wireless Mobi Solution may at any time, in its exclusive discretion and without notice, make additions, deletions, or other modifications to, or suspend or terminate access to, this Site, or any other Content.
(6) The headings used in these Terms and Conditions are for convenience only and will in no way affect the scope or construction of any provision hereof.
You acknowledge that your use of this Site constitutes your acceptance of and agreement to abide by these Terms and Conditions. These Terms and Conditions may be modified by Wireless Mobi Solution at any time, without prior notice, upon posting of the entire amended and restated Terms and Conditions on this Site. Your continued use of this Site following any such modification will constitute your acceptance of such modifications.
These Terms and Conditions, as modified from time to time by Wireless Mobi Solution accepted by you.