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IMPORTANT READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING See-Fi. YOU ALSO AGREE TO BE BOUND BY mSEER'S PRIVACY POLICY (http://www.mSeer.com/Privacy.html)
Please be aware
See-Fi (the 'SOFTWARE') enables you to share your mobile phone calendar with your designated contacts.
By using See-Fi you will be exposing your mobile phone calendar and you will be allowing your designated contacts
to access and/or modify your mobile phone calendar. The SOFTWARE sends and receives text messages. Standard text messaging charges apply.
IMPORTANT NOTICE:
See-Fi , as with most software applications, is vulnerable to various security issues and hence should be considered unsecured.
By using the SOFTWARE you may be subject to various risks, including among others:
If you do not wish to be subjected to these risks, you are advised not to use the SOFTWARE. Furthermore, please do not use the SOFTWARE for "Mission Critical" or "Content Sensitive" applications and purposes. For the purpose of this section "Mission Critical" applications and purposes shall mean applications and use that may result in damage; "Content Sensitive" shall mean any information or data you do not wish to be freely accessible and generally available to other mobile phone users.
BY SELECTING "Accept" BUTTON OR MENU ITEM, OR BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU SELECT "Decline", THE INSTALLATION PROCESS WILL NOT PROCEED. DO NOT SELECT "Accept" OR INSTALL OR USE THE SOFTWARE UNTIL YOU HAVE CAREFULLY READ, UNDERSTOOD, AND AGREED TO THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO AGREE TO THESE TERMS DO NOT INSTALL THE SOFTWARE. FURTHERMORE, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE MANDATORY LAW. THESE TERMS CONSTITUTE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU, OR THE COMPANY ON WHOSE BEHALF YOU ARE INSTALLING THE SOFTWARE, ("YOU" AND "YOUR") AND mSEER, INC. ("mSEER"), WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION RELATING TO THE SUBJECT MATTER OF THESE TERMS. THESE TERMS APPLY TO THE SOFTWARE, mSEER'S SERVICES, AND ANY MOBILE APPLICATIONS, SYSTEMS, SERVERS, DEVICES OR OTHER ITEMS RELATED TO mSEER'S SERVICES OR mSEER'S PRODUCTS.
IF YOU RESIDE IN A JURISDICTION WHICH RESTRICTS THE USE OF MOBILE PHONE APPLICATIONS ACCORDING TO AGE, OR WHICH RESTRICTS THE ABILITY TO ENTER INTO AGREEMENTS SUCH AS THESE TERMS ACCORDING TO AGE AND YOU ARE IN SUCH A JURISDICTION AND UNDER SUCH AGE LIMIT, YOU MAY NOT ENTER INTO THESE TERMS AND DOWNLOAD, INSTALL OR USE THE SOFTWARE. FURTHERMORE, IF YOU RESIDE IN A JURISDICTION WHERE IT IS FORBIDDEN BY LAW TO OFFER OR USE OF THIRD PARTY SOFTWARE FOR SENDING AND/OR RECEIVING TEXT MESSAGES, YOU MAY NOT ENTER INTO THESE TERMS AND YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. BY ENTERING INTO THESE TERMS YOU EXPLICITLY STATE THAT YOU HAVE VERIFIED IN YOUR OWN JURISDICTION AND ACCORDING TO YOUR CONTRACTUAL ARRANGEMENTS WITH YOUR PHONE AND OTHER SERVICE PROVIDERS THAT YOUR USE OF THE SOFTWARE IS ALLOWED.
GRANT OF LICENSE: Subject to these Terms, mSEER, INC. hereby grants You a limited, personal, non-commercial, non-exclusive, non-sub licensable, non-assignable, license to download or install and use the SOFTWARE on Your computer, mobile phone or mobile device or PDA for the sole purpose of personally using the SOFTWARE. mSEER, INC. or its third party licensors or distributors, if any, are entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the SOFTWARE operation or any part thereof, without any notice to You for the repair, improvement, and/or upgrade of the Service or for any of the reasons for termination as mentioned below. mSEER, INC. may from time to time revise or update the SOFTWARE. Such updates and revisions will be supplied according to mSEER, INC.'s then prevailing policies. mSEER, INC. or its third party licensors or distributors are entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or terminate the SOFTWARE or any part thereof, without any notice to You for the repair, improvement, and/or upgrade of the SOFTWARE or for security reasons or for any of the reasons for termination.
LICENSE EXCLUSIONS: You may not make any use of the SOFTWARE in whole or in part that is not expressly permitted by these Terms. You shall not (i) sell, assign, rent, lease, distribute, market, disclose, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to, the SOFTWARE or any part thereof, or (ii) undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the SOFTWARE or any part thereof. Any information derived from these activities constitutes mSEER, INC.'s confidential information. You acknowledge and agree to use the SOFTWARE solely for lawful purposes. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for You, (b) send any unsolicited commercial communication not permitted by applicable law, (c) use the SOFTWARE in any fraudulent way, or (d) expose any other user to material which is offensive, harmful to minors, indecent or otherwise objectionable.
EMERGENCY SERVICES: You acknowledge and accept that mSEER, INC. does not offer Emergency Services. You understand that additional arrangements must be made to access Emergency Services. To access Emergency Services, You acknowledge and accept Your responsibility to purchase, separately from any service provided by the SOFTWARE, traditional wireless or wire line telephone service that offers access to Emergency Services.
LIMITATION OF LIABILITY AND WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE AND ANY ASSOCIATED SOFTWARE OR SERVICES IS AT YOUR SOLE RISK AND THAT THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. mSEER AND ITS THIRD PARTY LICENSORS AND DISTRIBUTORS, IF ANY, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS WITH RESPECT TO THE SOFTWARE. IN NO EVENT SHALL mSEER OR ITS THIRD PARTY LICENSORS AND DISTRIBUTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PERSONAL INFORMATION OR OTHER PECUNIARY LOSS, ANY DAMAGE TO YOUR MOBILE PHONE OR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF mSEER AND ITS THIRD PARTY LICENSORS AND DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT mSEER ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE IS TO UNINSTALL AND CEASE USE OF THE SOFTWARE.
PROPRIETARY RIGHTS: mSEER (or its third party providers) retains all title, right, copyright (and any other applicable intellectual property right) and interest in and to the SOFTWARE, including all documentation, translations, enhancements, improvements or other modifications made to or derived from the SOFTWARE.
EXPORT RESTRICTIONS: You acknowledge that the SOFTWARE may be subject to international rules that govern the export of software. You agree to comply with all applicable international and national laws that apply to the SOFTWARE as well as end-user, end-use and destination restrictions issued by national governments.
TERMINATION: These Terms are effective until terminated. You may terminate these Terms at any time by removing the SOFTWARE from Your system and destroying all copies of the SOFTWARE. Unauthorized copying of the SOFTWARE or otherwise failing to comply with these Terms will result in automatic immediate termination of these Terms and will make available to mSEER, INC. legal remedies. Upon termination of these Terms, the license granted herein will terminate and You: (i) will cease any and all rights to use the SOFTWARE, and (ii) will remove the SOFTWARE from all hard drives, mobile phones, PDAs, mobile devices, networks and other storage media and destroy all copies of the SOFTWARE in Your possession or under Your control. The provisions in the paragraphs above labeled PROPRIETARY RIGHTS and LIMITATION OF LIABILITY AND WARRANTY will survive any termination of these Terms.
MISCELLANEOUS: This SOFTWARE may use third party APIs which may not be endorsed or certified by industry bodies. mSEER, INC. reserves the right to modify these Terms at any time and revised terms will be posted on the website. Since mSEER, INC. do not track the SOFTWARE installation information (device, device model, name of the owner, telephone number of the device and other related information) mSEER, INC. is under no legal obligations to provide you the revised Terms. The revised Terms shall become effective within seven (7) days of such publishing or provision to You, unless You expressly accept the revised Terms earlier by clicking on the 'ACCEPT' button or menu item. The express acceptance by You, or Your continued use of the SOFTWARE after expiry of the notice period of seven (7) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Terms. You can find the latest version of these Terms at our website http://www.mSeer.com. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. If any provision of these Terms shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these Terms shall remain in full force and effect. The Federal laws of the United States of America, and the laws of the State of Florida, USA, excluding its choice of law provisions, govern these Terms. All disputes arising out of these Terms shall be subject to the sole and exclusive jurisdiction of courts in Orlando, Florida, USA, except that parties may bring actions for injunctive relief only in any court of competent jurisdiction.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND mSEER'S PRIVACY POLICY AVAILABLE AT http://www.mSeer.com/Privacy.html AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY SELECTING 'Accept' BUTTON OR MENU ITEM AND/OR CONTINUING TO INSTALL OR USE THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS.
Last Revised: May 04, 2009.