Please read this page carefully, because it describes your rights and responsibilities.
The Beta Services may be a separate, stand-alone service, accessible apart from the currently available Phone.com Services (as defined in the Terms of Service) or may be a feature or functionality for existing Phone.com Services. A description of the Beta Service may be provided prior to or at the time you use a Beta Service, or if we make changes to the Beta Service. By agreeing to and complying with these Terms, we grant you a non-exclusive, revocable, non-transferable, limited license to use the Beta Services.
By accepting these Terms or using the Beta Services, you understand and acknowledge that the Beta Services are being provided as a “Beta” version and made available on an “As Is” or “As Available” basis. The Beta Services may contain bugs, errors, and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, we are not obligated to provide any maintenance, technical, or other support for the Beta Services.
The Beta Services are made available to you for the purposes of evaluation and feedback without any compensation or reimbursement of any kind from Phone.com. You acknowledge the importance of communication between you and Phone.com during your use of the Beta Services and agree to receive related correspondence and updates from us. In the event you request to opt out from such communications, your participation in the Beta Program will be terminated, and your use of the applicable Beta Services will likewise be discontinued.
As part of using the Beta Services, you will be asked to provide feedback regarding your use of the Beta Services. You acknowledge that Phone.com owns any feedback provided, and you hereby grant to us, if for any reason it is further needed, a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such feedback into any of our products or services at any time at our sole discretion. If we chose to publish such feedback, we will either do so in a way that does not identify you or seek your consent in the event we do wish to identify you.
We may also monitor how you use the Beta Services and use that information to improve the Beta Services or our other products and services.
You agree that we own all legal rights, title, and interest in and to the Beta Program and the Beta Services, including all intellectual property rights, and except for the license provided herein, no other rights or permissions to any of the Phone.com Services is granted.
Nothing herein gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Except to the extent permitted by law, you may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code in connection with the Beta Services and/or any other aspect of Phone.com technology, except as permitted by us.
These terms will remain in effect for as long as you use the Beta Services. Either party may terminate these Terms before the end of your participation in the applicable Beta Program for any reason or no reason upon written notice to the other party. Upon termination, you will cease using the Beta Services.
These Terms will automatically terminate upon any breach by you of any of your obligations hereunder, including breach of confidentiality obligations. Your breach of any of your obligations under the Agreement may result in your immediate termination from use of other Beta Services, or participation in any other Beta Programs.
We reserve the right to modify or terminate the Beta Program or the Beta Services, or your use of the Beta Services, to limit or deny access to the Beta Services and/or participation in the Beta Program, at any time, in our sole discretion, for any reason, with or without notice and without liability to you. You may discontinue your use of the Beta Services and/or your participation in the Beta Program at any time.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE BETA SERVICES ARE PROVIDED BY PHONE.COM ON AN “AS IS” BASIS AND AS AVAILABLE, AND YOUR ACCESS TO, PARTICIPATION AND/OR USE OF THE PHONE.COM BETA PROGRAM OR BETA SERVICES, IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PHONE.COM EXPRESSLY DISCLAIMS ALL AND YOU RECEIVE NO WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PHONE.COM MAKES NO WARRANTY THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES PHONE.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY OF THE SERVICES IS DONE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Phone.com OR THROUGH THE BETA SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL PHONE.COM OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THESE TERMS AND/OR WHETHER DIRECT OR INDIRECT: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, AND (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT PHONE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Phone.com’S MAXIMUM LIABILITY HEREUNDER IS LIMITED TO $50.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to hold harmless and indemnify Phone.com, our affiliates and subsidiaries, officers, directors, agents, and employees from and against any third party claim arising from or in any way related to (i) your breach of the Terms, (ii) your use of the Beta Services and/or your participation in the Beta Program(s), or (iii) your violation of applicable laws, rules or regulations in connection with the Services.
You acknowledge and agree that: (i) the Beta Program and Beta Services constitute Confidential Information (ii) you acknowledge that the successful market launch of commercial versions of the Beta Services requires you to keep all Phone.com data and information discussed and/or made available through or contained in Beta Program, including, without limitation, the Beta Services strictly confidential; (iii) the premature release of any of the Confidential Information would damage Phone.com’s competitive and intellectual property interests; and (iv) and information about the Beta Services shall not be shared with anyone other than other authorized users of the Beta Services, which may include users in your Phone.com Account.
All Confidential Information is deemed proprietary to Phone.com. As a condition precedent to using Beta Services, you hereby agree, as set forth below, to hold Confidential Information of the Phone.com, in the strictest confidence and not to disclose such information to anyone other than other authorized users of the Beta Services, which may include users in your Phone.com Account.
You agree, upon the our request, to promptly deliver to Phone.com the originals and all copies of the Confidential Information then in your (or your Representatives’) possession or control, including, without limitation, the portion of the Confidential Information that consists of analyses, compilations, programs, reports, proposals, studies, or other documentation prepared by you or your Representatives (except that which must be retained pursuant to any affirmative legal obligation, which must at all times be protected in accordance herewith).
We reserve the right to make changes to these Terms from time to time and may or may not notify you in such an event. You understand and agree that if you use the Beta Services after the date on which the Terms have changed, we will treat your use as acceptance of the updated Terms.
Both parties agree to comply with all applicable local, state, national, and foreign laws, rules, and regulations, including, but not limited to, all applicable import and export laws and regulations governing use, transmission and/or communication of content, in connection with their performance, participation, access and/or use of the Beta Services or Beta Program.
Sections 2,3, 4,5,6 8, 9, 10, 11, and 12 will survive the expiration or termination of this Agreement.
You agree that our failure at any time to require performance of any provision of this letter agreement shall in no way affect our right at a later time to enforce the same. No waiver by the Company of a breach of a term contained these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of such breach of any other term of this letter agreement.
The provisions of this letter agreement shall be deemed severable. The invalidity or unenforceability of any one or more of the provisions hereof shall not affect the validity or enforceability of the other provisions hereof.