VOXOFON allows you to download, install and use the applications and content, of Voxofon Ambit (the "Application"), directly to a compatible phone. You will be notified of applicable surcharges, such as transaction charges, one-time fees, monthly fees, or other subscription charges when purchasing the Application. You will be responsible for all charges incurred until the Application is deleted from your account, even if you lose or replace your phone; block VOXOFON on your phone or your account is suspended. You agree: (1) to use the Application only on the phone to which it downloaded, even if downloaded pursuant to an unlimited or other long-term agreement and no transfers, credits or refunds are permitted; (2) not to (i) harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity; (ii) provide false information or impersonate another person; and/or (iii) take any action that infringes upon any third-party's copyright, trademark, patent or other intellectual property right(s); and (3) agree to VOXOFON Application License Agreement.
VOXOFON APPLICATON LICENSE AGREEMENT
Carefully read the terms and conditions set forth in this VOXOFON License Agreement ("AGREEMENT") before downloading, installing or using the VOXOFON Ambit application ("APPLICATION") to your wireless communications device. To the extent you download, install and/or use any of the APPLICATION, you agree to be bound by all of the terms and conditions set forth in this AGREEMENT.
Agreement.
This AGREEMENT is between you and VOXOFON.
Limited License.
VOXOFON grants to you a worldwide, non-exclusive, limited license to download, install and/or use the object code version of the APPLICATION on your wireless communications device. All rights not expressly granted in this AGREEMENT are reserved by VOXOFON.
Other Software.
Notwithstanding any other provision of this AGREEMENT, this AGREEMENT shall not be deemed to apply to any software that is licensed to you by third parties and that is included on your wireless communications device ("OTHER SOFTWARE"). Any such OTHER SOFTWARE is subject to the terms and conditions of the license agreement, if any, between you and the developer or licensor of the OTHER SOFTWARE.
Restrictions.
No license is granted to you by this AGREEMENT in the human readable code, known as the source code, of the APPLICATION, and no rights are granted to you by this AGREEMENT in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the APPLICATION. In addition, no license is granted to you by this AGREEMENT to decompile, reverse engineer, disassemble or modify the APPLICATION. Further, no license is granted to you by this AGREEMENT to (i) remove, efface or obscure any copyright or other proprietary notices from the APPLICATION or (ii) exploit, copy, reproduce, sublicense, transfer or assign the APPLICATION.
Ownership.
You agree that VOXOFON retain all right, title and interest in and to the APPLICATIONS and all copies of the APPLICATION. This includes all copyrights in the APPLICATION.
Term and Termination.
This AGREEMENT will become effective with respect to each APPLICATION on the date you first download, install and/or use such APPLICATION, and it will remain in effect until terminated. You may terminate this Agreement with respect to the APPLICATION at any time by removing the APPLICATION from your wireless communications device. This AGREEMENT also will terminate immediately with respect to the APPLICATION, without notice, if you fail to comply with any term or condition of this AGREEMENT. Upon such termination, you agree to immediately remove the APPLICATION from your wireless communications device.
Disclaimer of Warranty.
THE APPLICATIONS ARE LICENSED TO YOU "AS IS." VOXOFON DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE APPLICATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VOXOFON ALSO DISCLAIMS ALL WARRANTIES WITH REGARD TO WHETHER THE APPLICATIONS WILL MEET YOUR REQUIREMENTS, WORK IN COMBINATION WITH ANY HARDWARE OR OTHER SOFTWARE OR OPERATE ON AN UNINTERRUPTED OR ERROR FREE BASIS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY OR MAY BE LIMITED.
Limitation of Liability.
IN NO EVENT WILL VOXOFON BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, DIRECT, EXEMPLARY, PUNITIVE OR STATUTORY DAMAGES OF ANY KIND ARISING OUT OF THE DOWNLOAD, INSTALLATION AND/OR USE OF ANY APPLICATION, INCLUDING, BUT NOT LIMITED TO, LOST DATA, REVENUES, BUSINESS OR PROFITS, EVEN IF VOXOFON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL VOXOFON'S LIABILITY FOR ANY CLAIM REGARDING PARTICULAR APPLICATIONS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, EXCEED THE CHARGES PAID BY YOU, IF ANY, FOR THE SUBJECT APPLICATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY OR MAY BE LIMITED.
Export.
The APPLICATION is subject to the export control laws, rules and regulations of the United States and other jurisdictions. You agree to comply with all such laws, rules and regulations.
Government.
The APPLICATION is commercial in nature and developed solely at private expense. The APPLICATION is provided as "Commercial Computer Software" as defined in DFARS 252.227-7014 or as a commercial item as defined in FAR 2.101(a). The APPLICATION, therefore, are provided with only such rights as are provided in this AGREEMENT.
Dispute Resolution.
Any controversy or claim arising out of or relating to this AGREEMENT will be settled by independent arbitration administered by the American Arbitration Association under the Wireless Industry Arbitration rules as modified by this AGREEMENT. The arbitration shall occur before a single, neutral arbitrator and, in rendering a decision, the arbitrator shall apply the substantive law of the State of Texas. The arbitration shall occur in Houston, Harris County, Texas. The decision of the arbitrator shall be enforceable in any Federal District Court or District Court of the State of Texas, as applicable.
Miscellaneous.
This AGREEMENT is governed by the laws of the State of Texas without regard to its conflict of law principles. The United Nations Convention on Contracts for the Sale of International Goods does not apply to this AGREEMENT. If any provision of this AGREEMENT is held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this AGREEMENT shall not be affected thereby. This AGREEMENT constitutes the entire agreement between you and VOXOFON regarding its subject matter, and it supersedes any prior agreements, whether written or oral, relating to the subject matter of this AGREEMENT. No modification or alteration of this AGREEMENT will be valid except in writing signed by both parties.