ATTENTION: THIS IS A LICENSE, NOT A SALE. THIS PRODUCT IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. THIS PRODUCT IS PROVIDED UNDER THE FOLLOWING LICENSE AGREEMENT AND ALL APPLICABLE ADDENDUMS ("LICENSE") WHICH DEFINE WHAT YOU MAY DO WITH THE PRODUCT AND CONTAIN LIMITATIONS ON WARRANTIES AND/OR REMEDIES. THIS LICENSE IS GRANTED BY ALT MOBILE, LLC. THIS LICENSE INCLUDES THE FOLLOWING: GENERAL LICENSE AGREEMENT IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO BE BOUND BY AND COMPLY WITH ITS TERMS. THIS LICENSE AGREEMENT IS YOUR PROOF OF LICENSE. PLEASE TREAT IT AS VALUABLE PROPERTY.
A. LICENSE: ALT MOBILE, LLC ("we" or "us") provides you with a computer program, computer software, including its code, objects including their API's as well as any images, photographs, templates, animations, video, audio, music, text and applications incorporated into the software, the accompanying printed materials, a License, and "online" or electronic documentation (together called the "PRODUCT") and we grant you a license to use the Product in accordance with the terms of this License. Any supplemental software code and supporting materials provided to you as part of support services provided by ALT MOBILE, LLC for the Product shall be considered part of the PRODUCT and subject to the terms and conditions of this License. The copyright and all other rights to the Product shall remain with us or our licensors.
B. YOU MAY:
1. You may install and use one copy of the PRODUCT on a single computer.
2. You may also store or install a copy of the PRODUCT on a storage device, such as a network server, used only to install or run the PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a license for each user.
3. You may make one copy of the PRODUCT for archive or backup purposes.
4. You may not copy, embed any portion of the PRODUCT in your own applications, or in any other way resell, distribute or transfer the PRODUCT or any portions of it.
5. You may not reverse engineer, decompile, or disassemble the PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
6. You may not rent, lease, or lend the PRODUCT.
7. Without prejudice to any other rights, ALT MOBILE may terminate this agreement if you fail to comply with the terms and conditions of this LICENSE. In such event, you must destroy all copies of the PRODUCT and all of its component parts.
8. All title and copyrights in and to the PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and applications incorporated into the PRODUCT), the accompanying printed materials, and any copies of the PRODUCT are owned by ALT MOBILE, LLC. or its suppliers. Specifically, all title and copyrights in and to the Java (TM) Technologies are owned and licensed by Sun Microsystems, Inc. Copyright (c) Sun Microsystems, Inc. All rights reserved. Java and all Java-based names and logos, including the Coffee Cup and Duke, are trademarks of Sun Microsystems, Inc. and refer to Sun's Java Technologies.
9. Any action related to the License will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
10. It is ALT MOBILE's intention in designing this PRODUCT to make it compatible with various Internet standards and proposed standards ("Standards"). However, since these Standards and PRODUCT are being constantly modified and reorganized, with certain capabilities added to or eliminated from any particular version or product, ALT MOBILE makes no representations or warranties concerning compatibility with Standards. You are solely responsible for determining the usefulness of the PRODUCT for your particular purpose. The PRODUCT is provided to software developers with the expectation that the developers are capable of writing and debugging their own programs; ALT MOBILE does not assume any support obligations with respect to the Product or the use thereof. Any research, development, or evaluations you perform is done entirely at your own risk.
C. TERM: This license shall remain in effect only for so long as you are in compliance with the terms and conditions of this agreement. This license will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the PRODUCT. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.
D. SPECIFIC DISCLAIMER FOR HIGH-RISK ACTIVITIES: The PRODUCT is not designed or intended for use in high- risk activities including, without restriction, on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility.
ALT MOBILE and its suppliers specifically disclaim any express or implied warranty of fitness for such purposes or any other purposes.
E. LIMITATION OF WARRANTIES AND LIABILITY: THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
