End user agreement for iModem
You may download this Software only for your own internal use. You must read the License Agreement and press the "I agree" button above to continue your purchase. By doing so, You agree to be bound by all of the terms of this License Agreement.
IMPORTANT - READ CAREFULLY: THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (IN YOUR CAPACITY AS AN INDIVIDUAL AND AS AN AGENT FOR YOUR COMPANY, INSTITUTION, OR OTHER ENTITY) AND Status DV. ACCESSING, DOWNLOADING, INSTALLING, USING OR COPYING OF THE SOFTWARE BY YOU OR A THIRD PARTY ON YOUR BEHALF INDICATES YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS, DOWNLOAD, INSTALL, USE OR COPY THE SOFTWARE. IN THE ABSENCE OF THIS AGREEMENT, YOU HAVE NO RIGHTS IN THE SOFTWARE.
0. Definition of Terms
For the purpose of this Agreement, the following terms shall have the meaning stated below:
Licensee: Any legal entity or individual to whom a license has been granted to use the software either under a purchase, rental, or leasing agreement.
Licensor: Status DV
1. Grant and Scope of License.
A. Subject to Section 2 below and without warranty of any nature, Status DV hereby grants to You, and You hereby accept, a non-exclusive license ("License") to download, install and use the Software in binary executable form on one iPhone for use Except as specifically permitted in writing, you shall not:
(i) Copy, modify, sell or transfer any part of the Software;
(ii) Sublicense or permit simultaneous use of the Software by more than one user unless licensed as such;
(iii) Distribute, transfer or otherwise provide the Software to a third party; or
(iv) Reverse engineer, decompile, or disassemble the Software.
B. If You did not purchase a License to use the Software but were given or downloaded a copy of the Software for evaluation purposes only, then the rights granted in Section 1.A. above do not apply and Your use is limited to evaluating the Software for an evaluation period determined by Status DV. At the end of the evaluation period or earlier upon request of Status DV, You will cease use of the Software, remove the Software from Your computers and destroy all copies of the Software. The Software may automatically disable itself at the end of the evaluation period. Notwithstanding anything to the contrary elsewhere in this Agreement, You may not distribute any portion of the Software. A separate license is required for each additional use and/or individual user in all other cases.
2. Rights Reserved; Ownership.
A. This License does not grant you any right to enhancements or updates to, or support or maintenance for, the Software or any modifications made by Status DV. Status DV is free to license the Software on terms different from those contained herein. Status DV hereby expressly reserves all rights in the Software which are not expressly granted to You under the License. Status DV reserves the right at any time not to release or to discontinue release of any Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
B. Title to the Software, any modifications, and all copies thereof remain with Status DV. The Software is protected by copyright laws and international treaty provisions. The Software includes trade secrets and information that is confidential and proprietary to Status DV and You agree to take all necessary actions to protect the confidentiality of such information. You will not remove the copyright notice or any proprietary trade or service marks of Status DV from the Software. You agree to prevent any unauthorized copying of the Software. Except as expressly provided herein, Status DV does not grant any express or implied right to You under any patents, copyrights, trademarks or trade secret information.
3. Future functionality. Status DV is not in control of the firmware of the iPhone, and thus, can not guarantee future functionality of the application. The license to the application is sold As-Is.
4. Warranty Disclaimer. THE SOFTWARE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY TYPE OR NATURE, AND Status DV HEREBY EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, Status DV EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE SOFTWARE AND DOES NOT WARRANT THAT THE SOFTWARE WILL FUNCTION UNINTERRUPTED, THAT IT IS ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO ANY DEFECTS OR INACCURACIES THEREIN.
5. Limitation of Liability. IN NO EVENT SHALL Status DV BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF DATA, FOR ANY REASON WHATSOEVER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF Status DV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT SHALL Status DV'S LIABILITY FOR DAMAGES ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE AGGREGATE AMOUNT PAID BY YOU IN RESPECT OF THE SOFTWARE DURING THE TWELVE MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO LIABILITY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE COMPLETE EXCLUSION OR LIMITATION OF LIABILITY OF CLAIMS AND DAMAGES AS SET FORTH IN THIS AGREEMENT, Status DV'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
(i) To the extent permitted by law, any further claims and remedies other than those explicitly provided for under the terms and conditions of this Agreement, irrespective of which nature, amount or legal basis, are hereby expressly waived and excluded, in particular, without limitation, damages due to delay delivery (sections 280 para. 2, 286 German Civil Code), due to the defect of the software or the other license material, claims under pre-contractual fault (section 311 para. 2 and 3 of the German Civil Code), breach of contract (Pflichtverletzung aus dem Schuldverhдltnis) subsequent impossibility of performance (nachtrдglicher Unmцglichkeit, § 283 BGB) or other breaches of obligations in the sense of section 280 para. 1 sentence 1, or claims due to an unlawful act (unerlaubte Handlung), unless Status DV has acted with purpose or gross negligence. The aforementioned limitation of liability does not apply in all cases of the breach of fundamental contractual obligations (cardinal obligations), in case of malicious concealment of a defect or in case personal injury of life, of a body or of health.
(ii) In all cases of limited liability of Status DV liability is limited to the double license fee paid by the licensee. Status DV assumes that in spite of such limitation the remaining liability is still sufficient to cover foreseeable typical contractual damages.
(iii) Status DV will undertake all reasonable corrective actions to prevent virus attack. However Status DV cannot neither warrant nor guarantee absolute freedom of viruses of the systems of the licensee. The licensee is therefore obligated to take all reasonable corrective actions and efforts in his responsibility to protect his system against virus attack.
(iv) In case of data loss or data deletion Status DV is only liable if the loss or deletion of data was caused on purpose, with gross negligence or through a breach of essential contractual obligations and if the licensee has carried out in a reasonable extent data protection, so that the lost or deleted data can be reconstructed with reasonable (financial) efforts from the data material that is held at the licensee’s disposal.
6. Indemnification. You shall defend, indemnify and hold harmless Status DV and its licensors and their respective directors, officers, agents, employees and volunteers from and against any and all claims, suits, losses, damages, costs, fees and expenses arising out of or in connection with this Agreement. You shall pay all costs incurred by Status DV in enforcing this provision, including reasonable attorneys' fees and court costs. You agree that under no circumstances will Status DV indemnify You or any other person.
7. Unauthorized Use; High Risk Activities.
A. The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance such as operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities").
B. Status DV expressly disclaims any express or implied warranty of fitness for High Risk Activities. In addition to Your obligations under Section 5 above, You hereby indemnify and hold Status DV and its officers, subsidiaries and affiliates harmless against all claims, costs, damages, and expenses, and reasonable attorney fees arising out of, directly or indirectly, any claim of product liability, personal injury or death associated with such unintended or unauthorized use, even if such claim alleges that Status DV was negligent regarding the design or manufacture of the part.
8. Term of the Agreement.
A. This Agreement will commence on the date which you receive the software or on the date which You pay the applicable license fee for the Software (the "Effective Date"), which ever comes first, and will continue in full force and effect, unless terminated earlier as provided herein. You may terminate this Agreement upon ten (10) days' written notice to Status DV, provided that such termination will not entitle You to a refund of the license fee.
B. Status DV may terminate this Agreement immediately should You materially breach any of its provisions or take any action in derogation of Status DV's rights to the Software, including, but not limited to disclosing, modifying, decompiling, translating, disassembling or reverse engineering the Software. Your right to use the Software will automatically terminate if You fail to comply with the material terms of this EULA or fail to make payment for the Software. Either party may terminate this Agreement at any time for cause if the other party files a petition or seeks relief under the bankruptcy or insolvency laws of any state or the United States.
C. Upon any termination of this Agreement, You agree to immediately remove all Software from Your computers, destroy all copies of the Software, and, upon request from Status DV, certify in writing Your compliance herewith.
9. General Provisions. If any of the terms, or portions thereof, of this EULA are invalid or unenforceable under any applicable statute or rule of law, the court will reform the contract to include an enforceable term as close to the intent of the original term as possible; all other terms will remain unchanged. The waiver or failure of either party to exercise in any respect any right provided for in this EULA will not be deemed a waiver of any further or future right under this EULA. This EULA will inure to the benefit of, and is freely assignable to, Status DV' successors and assignees of rights in the Software.
10. Entire Agreement.
This EULA and any Status DV purchase order constitutes the entire agreement between You and Status DV relating to the Software, and any additions to, or modifications of, this EULA will be binding upon the parties only if the same will be in writing and duly executed by You and by a duly authorized officer of Status DV. THE TERMS AND CONDITIONS OF YOUR ORDER FORM ARE ONLY BINDING ON Status DV IF SUCH TERMS AND CONDITIONS ARE AGREED TO IN WRITING IN ACCORDANCE WITH THE PRIOR SENTENCE AND IN A DOCUMENT OTHER THAN THE ORDER FORM. If You purchased the Software through a reseller, You acknowledge that the reseller is not Status DV' agent and is not authorized to alter, amend or modify the terms of this EULA or to otherwise grant any license or other rights relating in any way to the Software.
11. Additional Regulations. Disagreement is construed to be governed by the laws of the Federal Republic of Germany. The unified UN Sales of Goods Act (Convention of Contracts for International Sale of Goods from 11. April 1980, UN-CITRAL-Kaufrecht) is not applicable.
The exclusive place of jurisdiction for all conflicts with respect of this agreement is Hamburg, Federal Republic of Germany.
IF YOU AGREE WITH EACH AND EVERY TERM SET FORTH ABOVE, CHECK "I AGREE".
IF YOU DO NOT AGREE WITH EACH AND EVERY TERM SET FORTH ABOVE, DO NOT CHECK "I AGREE". THEREAFTER, DO NOT INSTALL OR USE OF THE SOFTWARE.