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To download products from USA Mobility's Web site, each USA Mobility reseller is required to read and adhere to all terms of the following license agreement. Downloading products from USA Mobility's Web site constitutes explicit and full acceptance of the license agreement. Installation and Use.2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. Distribution.3. TERMINATION. Without prejudice to any other rights, USA Mobility may terminate this Agreement at any time, including at any time that the Licensee fails to comply with the terms and conditions of this Agreement. In such event, the Licensee must destroy all copies of the Software. 4. COPYRIGHT. All title and intellectual property rights, including but not limited to copyrights, in and to the Software or any content that may be accessed through use of the Software are owned by USA Mobility or its suppliers. ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED BY USA MOBILITY. 5. EXPORT RESTRICTIONS. The Licensee agrees that it will not export or re-export the Software to any country, person, entity or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. 6. NO WARRANTIES. USA MOBILITY EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. USA MOBILITY DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH THE LICENSEE. 7. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall USA Mobility or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software or the provision of or failure to provide Support Services, even if USA Mobility has been advised of the possibility of such damages. In any case, USA Mobility's entire liability under any provision of this Agreement shall be limited to the greater of the amount actually paid by the Licensee for the Software or five United State dollars (U.S. $5.00). 8. MISCELLANEOUS. To the maximum extent possible, this Agreement is governed by the laws of the United States and the State of Texas, and jurisdiction and venue in any dispute relating to the subject matter hereof will be in Dallas County, Texas, United States. USA Mobility may change or modify this Agreement at any time. USA Mobility will post notification of any such changes or modifications on this Web site for at least 30 days. Continued use of the Software after notice is posted will constitute the Licensee's acceptance of the changes or modifications. This Agreement is the entire agreement between USA Mobility and the Licensee with respect to the Software. If any part of this Agreement is unenforceable, that part will be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of the Agreement will continue in full force and effect. Should the Licensee have any questions concerning this Agreement or if the Licensee desires to contact USA Mobility for any reason, please contact the USA Mobility account representative serving the Licensee, or write: Director of Corporate Communications and Investor RelationsI agree to all terms of the license agreement above. I do not agree. |
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