Note: Please read these terms carefully.
By viewing, downloading, or otherwise using any materials published on this web site ("Site"), you agree to be bound by these terms. If you do not agree to the terms set forth herein ("Terms"), do not use this Site. This Site is owned and managed by NetMotion Wireless®, Inc. ("NetMotion Wireless").
Materials Available on This Site
NetMotion Wireless and/or its suppliers own the copyright to any software available for you to download from this Site ("Software"). Your use of the Software is governed by the terms of the End User License Agreement which accompanies or is included with the Software ("EULA"). You may install any Software that is accompanied by or includes a EULA only if you first accept the terms of the EULA. Any patches downloaded from this Site are subject to the terms of the EULA which accompanied the software to which the Patch applies. You may not copy the Software onto any publicly distributed bulletin board or network or broadcast the Software in any media.
The Software may contain or be distributed along with software code or products from third parties (“Third Party Software”). Any Third Party Software that is associated with a separate license agreement (“Third Party License”) is provided under the terms of that Third Party License. In any event, the terms of any Third Party License shall apply to the software code or product of the named third party and do not extend to any other portion of the NetMotion Software.
Applicable Third Party Licenses are available here:
NetMotion Wireless permits you to use other materials from this Site including, but not limited to white papers, press releases, datasheets, and FAQs ("Materials") provided that you observe the following: (1) the below Copyright Notice as well as any other applicable proprietary notice(s) appear on all copies of the Materials, (2) use of such Materials is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media unless expressly approved by NetMotion Wireless, and (3) no modifications of any Materials are made. This permission does not include the right to use the design or layout of the NetMotion Wireless web site (www.netmotionwireless.com) or any other NetMotion Wireless owned, operated, licensed or controlled site. Elements of the NetMotion Wireless web site are protected by copyright, trade dress and other laws, and they may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the NetMotion Wireless web site may be copied or retransmitted unless expressly permitted by NetMotion Wireless.
Your use, reproduction or redistribution of the Software which is not in accordance with the EULA and/or any applicable Third Party License or your use of the Materials for other purposes than those set forth above are expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Warranties and Limitations of Liability
Disclaimer of Warranties:
MATERIALS AND RELATED GRAPHICS, AND SERVICES MADE AVAILABLE AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OF SUITABILITY OR ANY WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND COMPLETENESS, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES RELATING TO VIRUSES. NetMotion Wireless may make changes to the Software or Materials at this Site at any time without notice. Portions of this Site may contain errors or be out of date, and NetMotion Wireless makes no commitment to correct such errors. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability
IN NO EVENT SHALL NETMOTION WIRELESS, ITS SUPPLIERS, OR OTHER THIRD PARTIES REFERENCED AT THIS SITE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, MATERIALS, OR ANY INFORMATION AVAILABLE AT THIS SITE OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL SUPPORT OR OTHER SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
U.S. Government Restricted Rights
Software and documentation delivered (i) to civilian agencies of the U.S. Government pursuant to solicitations dated prior to December 1, 1995, or (ii) to the Department of Defense of the U.S. Government pursuant to solicitations dated prior to September 29, 1995 are provided with RESTRICTED RIGHTS; use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph FAR 52.227-14(g)(Jun. 1987) or subparagraph or DFAR 252.227-7013 (c)(1)(ii)(Oct. 1988). All Software and documentation delivered to civilian agencies or the Department of Defense pursuant to solicitations issued after the dates specified above are delivered with only the commercial licensing rights set forth in the EULA.
Links to Other Websites
NetMotion Wireless may provide links to other web sites merely for your convenience. NetMotion Wireless does not control these linked sites and makes no representation regarding the quality, nature or reliability of any other web sites. The inclusion of any link does not imply endorsement by NetMotion Wireless of such linked web site. Anyone linking to the NetMotion Wireless web site must comply with the Requirements for Linking to the NetMotion Wireless Web Site and all applicable laws.
Temporary interruptions of services provided by this Site may occur from time to time as normal events. NetMotion Wireless will exercise reasonable care to prevent such occurrences, but in no event will NetMotion Wireless be liable for any financial or other damages due to such interruptions.
Copyright Notice and Trademarks
© 2011 NetMotion Wireless, Inc. All rights reserved. NetMotion® is a registered trademark, and NetMotion Wireless Locality™, Mobility XE®, Roamable IPSec™, InterNetwork Roaming™, Best-Bandwidth Routing™, and Analytics Module™ are trademarks of NetMotion Wireless, Inc. Microsoft®, Microsoft Windows®, Active Directory®, ActiveSync®, Internet Explorer®, Windows Mobile®, Windows Server®, Windows XP®, SQL Server®, Windows XP Tablet PC Edition®, and Windows Vista®, are registered trademarks of Microsoft Corporation. All other trademarks, trade names or company names referenced herein are used for identification purposes only and are the property of their respective owners. NetMotion Wireless technology is protected by one or more of the following US Patents: 5,717,737; 6,198,920; 6,418,324; 6,546,425; 6,826,405; 6,981,047; 7,136,645; 7,293,107; 7,574,208; 7,602,782; 7,644,171; 7,778,260 and Canadian Patent 2,303,987. Other US and foreign patents pending.