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Terms and Conditions OmniSky...It's What You Want


The following Terms and Conditions govern your use of the OmniSky web site and the materials accessible on or from the site. Please read them carefully before using the site. Your use of the site means that you accept these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not use the OmniSky web site.

Confidentiality. Those areas of the OmniSky web site which you access by using a password or other security device contain proprietary and confidential information of OmniSky and its suppliers, including engineering documents, manuals, software, program listings, data file printouts, and other technical and marketing information ("OmniSky Confidential Information"). You agree to keep this information confidential and to use the information solely for the purposes expressly authorized by OmniSky. You also agree to be careful with this OmniSky Confidential Information and to only disclose it to your employees with a "need to know" who agree not to disclose the information or use the information for any unauthorized purpose.

Transmissions to OmniSky and Links to Other Web Sites. You agree not to send to OmniSky any information that you consider confidential or proprietary. Any material (including information and ideas) you transmit to or post on the OmniSky web site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by OmniSky for any purpose whatsoever. Notwithstanding the foregoing, all personal data provided to OmniSky will be handled in accordance with OmniSky's Privacy Statement. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

OmniSky may, but is not obligated to, monitor or review materials provided by third parties on OmniSky's web site. OmniSky makes no representation as to the accuracy, appropriateness, legality, ownership or other aspects of such materials. OmniSky expressly disclaims any liability for such third-party materials under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law. Also, at times this site may contain links to web sites maintained by third parties which are provided as a convenience to OmniSky users. These linked sites are not under the control of OmniSky and OmniSky is not responsible for any material on such sites. OmniSky does not monitor or review the content of such third party sites and therefore advises you that your access by link to third party sites is at your own risk.

Documents. Any Documents on the OmniSky web site (e.g., white papers, press releases, data sheets, product descriptions, and FAQs), are the copyrighted work of OmniSky and/or its suppliers and is protected under U.S. and worldwide copyright laws and treaty provisions. OmniSky grants you permission to copy and use such Documents so long as each copy (i) is solely for informational, non-commercial use in support of OmniSky products, (ii) is not modified or revised in any manner, and (iii) displays all copyright and other proprietary notices, in the same form and manner as on the original. However, this permission does not extend to (a) the design or layout of this web site, or (b) any materials (e.g., software or the OmniSky Development Kit) which are governed by license terms separate from these Terms and Conditions.

Licensed Materials. Any licensed materials (e.g., software) which can be downloaded from the OmniSky web site are governed exclusively by the license terms accompanying the file or the terms of the license agreement which accompanied the original materials licensed by you which you are updating, and by downloading such licensed materials, you agree to abide by the terms of the license. Any reproduction or redistribution of such software or materials not in accordance with the applicable license is expressly prohibited by law.

Trademarks. OmniSky's trademarks, brands, and names (which include OmniSky, Visor, and Springboard, among others) may be used only with written permission from OmniSky and proper acknowledgement. Use of trademarks, brands, and names are the property owned by third parties require the permission of their respective owners.

All Rights Reserved. Except as expressly granted in these Terms and Conditions (or to you specifically in writing), OmniSky and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

Disclaimer of Warranties. THE MATERIALS ACCESSIBLE FROM OR ON THIS WEB SITE ARE PROVIDED "AS IS," AND OMNISKY AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIAL.

Although OmniSky has attempted to provide accurate information on this web site as a service to its users, OmniSky assumes no responsibility for, and makes no representations with respect to, the accuracy of the information. OmniSky may change the programs or products mentioned at any time without notice. Mention of non-OmniSky products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. Because international information is provided at this web site, not all products or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY LAW, OMNISKY EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THIS PRODUCT, EVEN IF OMNISKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notice to Consumers. Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to you.

Applicable Laws. Export or download of any material from the OmniSky web site (including any OmniSky Confidential Information) outside of the United States is subject to all U.S. export control laws and you agree to abide by such laws. All materials and software downloaded from this web site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19 and use of the materials by the government constitutes acknowledgement of OmniSky's proprietary rights in such materials. Any claims relating to the materials or the web site will be governed by California law.

Revisions to Terms and Conditions. OmniSky may revise these Terms and Conditions at any time. Revisions will be posted on this page and users are responsible for reviewing the page from time to time to ensure compliance. If OmniSky makes a request to you to stop using and/or to promptly return or destroy any copies of the materials provided on this web site, you will comply immediately with this request and will confirm in writing to OmniSky within ten (10) days that you have done so.




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