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Acceptance of this Agreement
This "Always-On Mail Web Site" including any ancillary sites served from this domain, and all of its information, contained herein (the "Web Site") are owned by Seven Networks International OY ("SEVEN") and provided to you under these "Terms of Use" and any amendments that may be posted by SEVEN from time to time (collectively "the Agreement"). BY ACCESSING, BROWSING AND/OR USING THIS SITE, INCLUDING ANY SOFTWARE OR SERVICES, AND/OR ANY WEB SITES PROVIDED BY SEVEN, YOU AGREE TO BE BOUND BY THE AGREEMENT. The Agreement constitutes the entire agreement between you and SEVEN and supercedes any prior agreements between you and SEVEN regarding the use and contents of this Web Site unless expressly specified otherwise. To the extent applicable, this Agreement incorporates by reference any additional terms found on the Web Site, including without limitation, terms related to trial programs, order, delivery, refund, and support policies.
Licensed Materials & Services
Any licensed material (e.g., software) which you download
from the Web Site and/or mobile data services provided by
Seven ("License Material") are governed, in addition
to the terms of this Agreement, by the license terms accompanying
the file or the terms of the use provided during registration
and/or order placement for the services, and by downloading
such licensed materials or using the services, you agree to
abide by the terms of the license. Any reproduction or redistribution
of such software or materials, or use of the service not in
accordance with the applicable license is expressly prohibited
by law.
Privacy
The information that we obtain through your use of the site,
or through any registration process or otherwise, is subject
to our Privacy Policy.
Modifications to this Agreement
SEVEN may make changes to this Agreement from time to time
in its sole discretion, and will post any such changes on
the Web Site. Your continued use of the Web Site constitutes
your acceptance of any such changes.
Modification or Suspension of the Web Site
You agree that SEVEN may, in its sole discretion, and at any
time, discontinue, suspend or modify its operation of this
Web Site, or any part thereof, including any software or services
made available under license, temporarily or permanently,
without notice to you, and you agree that SEVEN shall not
be liable therefor.
Use
You agree to comply with all applicable local laws regarding
online conduct and acceptable Content, including without limitation,
laws regarding the transmission of technical data exported
from the United States or the country in which you reside.
No Reselling of Web Site
You agree not to sell, resell, re-produce, duplicate, copy
or use for any commercial purposes any portion of the Web
Site, or use of or access to the Web Site.
Termination
You agree that SEVEN may, in its sole discretion, and at any
time, terminate your use of the Web Site, and may remove or
delete any Content within the Web Site, for any reason, without
prior notice to you. You further agree that SEVEN shall not
be liable to you or to any third party for any termination
of your use of or access to the Web Site. In the event of
any termination of this Agreement or your use of or access
to the Web Site, you agree the provisions regarding Proprietary
Rights, Indemnification, Disclaimer or Warranties, and Limitations
of Liability shall survive any such termination.
Proprietary Rights
You agree that content available through the Web Site, including
without limitation, content in the form of text, graphics,
software, music, sound, photographs, and videos, and content
provided by suppliers, sponsors or third party advertisers,
is protected by copyrights, trademarks, patents or other proprietary
rights and laws. Except as expressly authorized by SEVEN or
the applicable supplier, sponsor or advertiser, you agree
not to copy, publish, modify, rent, lease, loan, sell, assign,
distribute, license, reverse engineer or create derivative
works based on the Web Site or any content (including without
limitation any software) available through the Web Site. Except
as expressly provided herein, SEVEN 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
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB
SITE IS AT YOUR SOLE RISK.THE WEB SITE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SEVEN EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SEVEN
DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR
REQUIREMENTS, OR THAT THE WEB SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL
BE CORRECTED; NOR DOES SEVEN MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE, AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH
THE WEB SITE, AS TO THE QUALITY OF ANY PRODUCTS, WEB SITES,
INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE WEB SITE OR AS A RESULT OF THE WEB SITE, OR AS
TO ANY TRANSACTIONS ENTERED INTO BY USE OF OR AS A RESULT
OF THE WEB SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL, SOFTWARE AND/OR
DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL,
SOFTWARE, AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM SEVEN OR THROUGH THE WEB SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES,
INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL SEVEN OR
ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF
PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES, EVEN IF
SEVEN OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, RESULTING FROM: (1) THE USE OR THE INABILITY
TO USE THE WEB SITE, (2) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND WEB SITES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR WEB SITES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE WEB SITE,
(3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE WEB SITE, OR, (5) ANY OTHER MATTER RELATING TO THE
WEB SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME
OF THE ABOVE MAY NOT APPLY TO YOU.
Your Contact With Third Parties
Your dealings with third parties found on or through the Web
Site, including your participation in promotions, the payment
for and delivery of goods, services, software, and any terms,
conditions, warranties or representations associated with
such dealings are solely between you and the third party.
SEVEN does not make any representations or warranties with
respect to any goods, services which may be obtained from
such third parties, and you agree that SEVEN will have no
liability with respect to any loss or damage of any kind incurred
as a result of any dealings between you and any third party,
or as a result of the presence of such third parties on the
Web Site.
Links
The Web Site, or third parties on the Web Site, may provide
links to other sites and/or resources over which SEVEN has
no control. You agree that SEVEN has no responsibility for
and no liability for the availability of such external sites
or resources, or for the Content, advertising, products, services,
software, or other materials available through such sites
or resources. Even though such third-party sites may refer
to Seven and its products, SEVEN does not endorse such statements,
and makes no representations or warranties with respect to
the information contained on the third-party web site and
takes no responsibility for supplementing, updating or correcting
such information. You agree that SEVEN has no responsibility
for and no liability for the availability of the third-party
web site, or for the content, advertising, products or other
materials available on the third-party web site.
Indemnification
You agree to indemnify and hold harmless SEVEN, its parents,
subsidiaries, affiliates, officers, directors, agents, employees,
co-branders or other partners, and suppliers, from any claim,
demand, action, or damage, including reasonable attorneys'
fees, made by any third party due to, arising out of or related
to your use of the Web Site, your violation of the Agreement
or any rights of another, or your connection to the Web Site.
Trademark Notices
Seven and Always-On Mail are trademarks of Seven or its Affiliates, which are registered in some jurisdictions. You may not use or display these marks without Seven's prior written consent. All other trademarks and/or Logos appearing on the Web Site are the property of their respective owners.
User Submissions
Except as otherwise agreed in writing with an authorized SEVEN
representative, any material, information or other communication
you transmit or post to this Site will be considered non-confidential
and non-proprietary ("Communications"). Seven will
have no obligations with respect to the Communications. Seven
and its designees will be free to copy, disclose, distribute,
incorporate and otherwise use the Communications and all data,
images, sounds, text, and other things embodied therein for
any and all commercial or non-commercial purposes. You are
prohibited from posting or transmitting to or from this Site
any unlawful, threatening, libelous, defamatory, obscene,
pornographic, or other material that would violate any law.
Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of the Finland, without giving effect to conflict of laws provisions. You and SEVEN agree to submit to the personal and exclusive jurisdiction of the Distric Court of Helsinki located in Helsinki, Finland.
Miscellaneous
If any provision of this Agreement is found by a court or
other binding authority to be invalid, you agree that every
attempt shall be made to give effect to the parties' intentions
as reflected in that provision, and the remaining provisions
contained in this Agreement shall continue in full force and
effect. You agree that any claim or cause of action arising
out of your use of the Web Site or this Agreement must be
filed within one year after such claim or cause of action
arose or it shall forever be barred, notwithstanding any statute
of limitations or other law to the contrary. Any failure by
SEVEN to enforce or exercise any provision of this Agreement
or related right shall not constitute a waiver of that right
or provision.
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