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SOFTWARE LICENSE-BLACKBERRY DESKTOP SOFTWARE
To be authorized to use the BlackBerry Desktop Software, including any updates to the same (the "Licensed Program"), you will be required to accept the terms and conditions of the software license agreement with Research In Motion Limited that is included with the BlackBerry Desktop Software. The Licensed Program constitutes confidential and proprietary information of Research In Motion Limited and embodies trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All rights, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with Research In Motion Limited. You shall not translate, decompile, reverse engineer, distribute, remarket or otherwise dispose of the Licensed Program or any part thereof. You may not download, use or otherwise export or re-export the Licensed Program or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations.
EarthLink Wireless High Speed Service Agreement (Boingo)
Boingo grants to each Member a limited, nonexclusive, nontransferable and non-assignable license to install and use the Software, its associated documentation, and any updates thereto ("Licensed Programs") solely for personal or internal business purposes, including accessing and utilizing the Services. Boingo may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to the Members. This license does not entitle Members to receive hard-copy documentation, technical support, telephone assistance or enhancements or updates to the Licensed Programs.
You may not: (1) redistribute the Licensed Programs; (2) permit other individuals to use the Licensed Programs; (3) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction) or create derivative works based upon the Licensed Programs; (4) copy the Licensed Programs (except for back-up or archival purposes); (5) rent, lease, transfer, encumber, sublicense or otherwise transfer rights to the Licensed Programs; or (6) remove any proprietary notices or labels on the Licensed Programs. Any such forbidden use shall immediately terminate your license to the Licensed Programs. You also agree to only use the Licensed Programs in a manner that complies with all applicable laws in the jurisdictions in which you use the Licensed Programs, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
The Licensed Programs may automatically communicate with Boingo's servers on the Internet to check for updates to the Licensed Programs, such as bug fixes, patches, enhanced functions and new versions. Boingo will notify you when updates are available. If you decide to update, you agree that Boingo may download updates and install them as part of the Licensed Programs. All such updates to the Licensed Programs are governed by this Agreement, unless other license terms are provided with the update. Although Boingo uses encryption technology to provide security for the auto update process, Boingo is not responsible for the failure of such security measures.
Title, ownership rights and intellectual property rights in and to the Licensed Programs shall remain in and with Boingo and/or its licensors. The Licensed Programs constitute confidential and proprietary information of Boingo and Boingo's licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws and international treaty provisions. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Boingo's or its licensors' ownership of or rights with respect to the Licensed Programs. You agree, at your expense, to defend and hold Boingo and its affiliates, officers, directors and employees harmless from any and all costs, damages and reasonable attorneys' fees resulting from any claim that your use of the Licensed Programs have injured or otherwise violated any right of any third party or violates any law.
You may not download, use or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Licensed Programs, you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. You agree to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and not to export or re-export the Licensed Programs or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, each party shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own export of the Licensed Programs from the U.S.
This license will automatically terminate if you fail to comply with any term hereof. No notice shall be required from EarthLink or Boingo to effect such termination. You also may terminate this license at any time by notifying EarthLink pursuant to Section 9. Upon any termination of this license, you shall immediately discontinue use of the Licensed Programs.
