1. Cingular Connection Manager EULA 9.9.04
IMPORTANT LEGAL LICENSE AND WI-FI SERVICE TERMS AND CONDITIONS:
IN ORDER TO ACCESS CINGULAR COMMUNICATION MANAGER OR CONNECTION
MANAGER (HEREINAFTER COLLECTIVELY REFERRED TO AS “COMMUNICATION
MANAGER”) OR USE THE SOFTWARE YOU MUST BE AT LEAST 18 YEARS OLD. THE
“SOFTWARE” INCLUDES SOFTWARE FROM NEW CINGULAR WIRELESS
HEADQUARTERS, LLC (“CINGULAR”). THIS INSTALLATION PROCESS (WHICH MAY BE VIA
A CD-ROM OR A WEB-BASED DOWNLOAD) PERMITS YOU TO INSTALL THE CURRENT
VERSION OF THE SOFTWARE.
IN ORDER TO INSTALL THE SOFTWARE AND USE CINGULAR WI-FI SERVICE (“WI-FI
SERVICE”) YOU MUST AGREE TO THE FOLLOWING SOFTWARE LICENSE AGREEMENT
AND WI-FI SERVICE AGREEMENT. THIS SOFTWARE LICENSE AND WI-FI SERVICE
AGREEMENT IS A LEGALLY BINDING CONTRACT THAT SHOULD BE READ IN ITS
ENTIRETY. YOUR INSTALLATION OR USE OF THIS SOFTWARE AND/OR WI-FI SERVICE
SIGNIFIES YOUR ACCEPTANCE OF THIS AGREEMENT. THE WI-FI TERMS AND
CONDITIONS APPLY ONLY IF YOU ACCESS OR USE WI-FI SERVICE, AND THEY ARE IN
ADDITION TO, AND NOT IN LIEU OF, THE SERVICE AGREEMENT OR GENERAL TERMS
AND CONDITIONS YOU AGREED TO WHEN YOU ACTIVATED WIRELESS SERVICE.
This License and Wi-Fi Service Agreement is a legal agreement between you (either an individual
or a single entity) and Cingular for Communication Manager, which includes computer software
and may include associated media, printed materials and “online” or electronic documentation,
and for Wi-Fi Service as described at http://www.cingular.com/laptopconnect, as such description
may be changed by Cingular from time to time.
PART I. License Agreement:
1. This License Agreement applies to all the software installed by this program that Cingular
licenses to you, together with each revised or updated version thereof (the "Software"). This
License Agreement also applies to Cingular’s liability to you, if any, with respect to any software
for which Cingular does not grant you a license (i.e., software which you license directly from the
manufacturer).
THIS LICENSE AGREEMENT EXPLAINS HOW YOU MAY USE THIS SOFTWARE. BY
CLICKING THE “YES” BUTTON, YOU CONSENT AND AGREE TO BE BOUND BY ALL OF THE
TERMS AND CONDITIONS BELOW AND YOU MAY, SUBJECT TO THOSE TERMS AND
CONDITIONS, INSTALL AND USE THE SOFTWARE.
2. Single User License Grant. Cingular hereby grants you a limited, non-exclusive, non-
transferable license to use the object code version of the Software and any related
documentation provided by Cingular solely for your individual, personal use and in accordance
with the terms and conditions of this Agreement. Any use of the Software under this License
Agreement shall be limited to one copy per device.
3. You may use or copy the Software only as instructed herein, or otherwise instructed in writing
by Cingular. You may copy the Software for archival purposes, provided any copy must contain
all of the original copyright and proprietary notices. Use or copying the Software for any other
purpose is prohibited and is a breach of this License Agreement. As between you and Cingular,
the Software files remain the property of Cingular at all times, and Cingular may make changes to
the number and/or content of these files directly while you are connected to the Service. This
license will terminate upon termination of your membership or right to use the Service. At that
time, you must stop using the Software and either return the Software to Cingular or destroy it.
Cingular is not responsible in any way for any software, services, or devices used in connection
with the Software, the Service or the Internet, unless such programs, software, services, or
devices are recommended or provided to you by Cingular under a separate written agreement.
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2. Cingular Connection Manager EULA 9.9.04
You acknowledge the Software is proprietary and confidential to Cingular or its suppliers. This
License Agreement does not convey any rights of ownership to you; title to and ownership of all
rights in trademarks, service marks, patents, copyrights, trade secrets and other intellectual
property in the Software and any copy shall remain with Cingular or other third party owners. You
shall not transfer, lend, lease, sublicense or otherwise distribute, copy, make derivative works of,
reverse engineer, decompile, disassemble, translate or otherwise alter or modify the Software.
The Software is licensed, not sold.
The initial user of the Software may make a one-time transfer of the Software to another end
user. The transfer must include all component parts, media, printed materials, this License
Agreement, and (if applicable) the Certificate of Authenticity. The transfer may not be an indirect
transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred
Software must agree to all the License Agreement terms.
4. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT
YOUR SOLE RISK. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF
ANY KIND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND CINGULAR
AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CINGULAR AND ITS
SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS ERROR FREE, WILL OPERATE
WITHOUT INTERRUPTION OR IS COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE
CONFIGURATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL CINGULAR OR ITS SUPPLIERS BE LIABLE FOR INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION, LOSS OF INCOME, DATA,
OR USE OF INFORMATION, EVEN IF CINGULAR OR ANY SUPPLIER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, CINGULAR'S ENTIRE
LIABILITY TO YOU FOR DIRECT DAMAGES YOU SUFFER AS A RESULT OF YOUR USE OF
THE SOFTWARE SHALL BE LIMITED TO THE GREATER OF THE AMOUNT YOU PAID FOR
THE SOFTWARE OR US $100.00.
5. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply
with all applicable international and national laws that apply to the Software, including the U.S.
Export Administration Regulations, as well as end-user, end-use and destination restrictions
issued by U.S. and other governments. None of the Software or underlying information or
technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or
resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to
the foregoing and you are representing and warranting that you are not located in, under the
control of, or a national or resident of any such country or on any such list.
The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the
Government is subject to restrictions as set forth in subparagraphs (a) through (d) of the
Commercial Computer Restricted Rights clause at FAR 52.227-19 when applicable, or in
subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS
and in similar clauses in the NASA FAR Supplement.
6. Performance or Benchmark Testing. You may not disclose the results of any benchmark test
using the Software to any third party without Cingular’s prior written approval.
7. Reservation of Rights. Cingular reserves all rights not expressly granted to you in this
License Agreement.
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3. Cingular Connection Manager EULA 9.9.04
8. Data Charges. Cingular Communication Manager contains a feature that tracks estimated
byte usage. Actual billing will be higher.
9. Termination. Without prejudice to any other rights, Cingular may cancel this agreement if you
do not abide by the terms and conditions, in which case you must destroy all copies of the
Software and all of its component parts. In addition, Cingular may, without further notice to
you, cancel this Agreement and disable your use of the Software if you do not restore or
reestablish a Cingular service account within 30 days after the expiration of your then-current
Cingular service account. This software license will expire if you do not use the
Communication Manager software to connect to a Cingular network for 90 consecutive days.
10. Consent to Use of Data. You agree that Cingular and its affiliates may collect and use
technical information you provide as a part of support services, if any, related to the Software
Cingular agrees not to use this information in a form that personally identifies you.
11. This License Agreement shall be governed by the laws of the State of New York, except
conflict of law rules. The United Nations Convention on the International Sale of Goods shall
not apply to this License Agreement. This License Agreement contains the complete
agreement between the parties with respect to the subject matter hereof, and supersedes all
prior or contemporaneous agreements or understandings, whether oral or written. This
License Agreement may only be modified, or any rights under it waived by a written
document executed by both parties.
12. If, for any reason, a court of competent jurisdiction finds any provision of this License
Agreement, or portion thereof, unenforceable, then the remainder of the License Agreement
shall continue in full force and effect and will be read to give maximum effect to the intention
of the parties as reflected by its plain language.
13. Cingular’s failure, in any instance, to exercise any of its rights under this License Agreement
will not constitute a general waiver of such or any other rights hereunder.
14. Sections 2 - 14 will survive any termination of this License Agreement.
PART II. Wi-Fi Service Agreement:
1. In order for you to obtain or continue using the Cingular Wi-Fi Service as described at
http://www.cingular.com/laptopconnect, as such description may be changed by Cingular from
time to time, you must agree to and accept the terms and conditions related to the Wi-Fi Service
as set forth in this PART 2 (the "Wi-Fi Terms and Conditions"). By clicking on the "YES" button
below and using the Wi-Fi Service, you agree to the Wi-Fi Terms and Conditions. The Wi-Fi
Terms and Conditions are in addition to, and not in lieu of, the Service Agreement or General
Terms and Conditions to which you agreed when you activated wireless service (the "General
Terms and Conditions"). By clicking on the "YES" button below and using the Wi-Fi Service, you
agree that the definition of Service(s) set forth in the General Terms and Conditions shall include
the Wi-Fi Service.
2. Wi-Fi Device/ Wi-Fi Service Availability/Interruption. An 802.11b-compatible computer,
card and/or device (collectively, the “Wi-Fi Device”) is required to enable the Wi-Fi Service to
operate. You are responsible for ensuring that your Wi-Fi Device is compatible with the Wi-Fi
Service and meets federal standards. The availability and performance of the Wi-Fi Service is
subject to all memory, storage and other limitations in the Wi-Fi Device. Wi-Fi Service is
available to your Wi-Fi Device only when it is within the operating range of the Cingular Wi-Fi
network or that of an operator with which Cingular has a roaming agreement. Wi-Fi Service
access location lists and/or maps may be updated from time to time; actual Wi-Fi Service
coverage, locations and quality may vary. Wi-Fi Service is subject to unavailability, including
unavailability due to emergencies, collocation failures, transmission and equipment limitations, or
maintenance and repair, and may be interrupted, refused, limited, or curtailed. Cingular is not
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responsible for data, messages or pages that you may lose or that become misdirected because
of interruptions or performance issues with the Wi-Fi Service or wireless communications
networks more generally. Cingular may impose usage or Wi-Fi Service limits, suspend access to
the Wi-Fi Service, or block certain kinds of usage in our sole discretion to protect users or our
business. Network speed is no indication of the speed at which your Wi-Fi Device or the Wi-Fi
Service sends or receives data. Actual network speed will vary based on Wi-Fi Device
configuration, compression and network congestion. The accuracy and timeliness of data
received is not guaranteed; delays or omissions may occur.
3. Use of Wi-Fi Service. Unless otherwise set forth by Cingular in writing, you are receiving
a single user account solely for your use of the Wi-Fi Service through one Wi-Fi Device per login.
You agree not to access the Wi-Fi Service simultaneously through multiple Wi-Fi Devices or to
authorize any other entity or individual to use the Wi-Fi Service. Reproduction, retransmission,
dissemination or resale of Wi-Fi Service is prohibited without prior written contractual
arrangements with Cingular and any required regulatory approvals. You are responsible for the
purchase and maintenance of any additional hardware, software and/or Internet access from your
Wi-Fi Device required to use the Wi-Fi Service. Your use of the Wi-Fi Service must comply with
Cingular’s Acceptable Use Policy, found at http://www.cingular.com/acceptable_use_policy,
which you should read carefully. The Acceptable Use Policy is incorporated by reference as part
of this Agreement. Our Acceptable Use Policy may be amended from time to time. In addition,
you agree to comply with the applicable Acceptable Use Policy when using the Service while
roaming on the network of a company with whom Cingular has a roaming arrangement.
4. Term; Termination. Your access to the Wi-Fi Service begins after you click on the “YES”
button below and begin using the Wi-Fi Service; your access terminates at the termination or
expiration of your selected service plan, unless earlier terminated in accordance with this
Agreement. If you do not use the Communication Manager software to connect to a Cingular
network for 90 consecutive days, or if your license to use the software is otherwise terminated
pursuant to this Agreement, you will not be able to access the Wi-Fi Service. Any violation of this
Agreement by you may result in the suspension, limitation, or earlier termination of your right to
use and access the Wi-Fi Service or such other action as Cingular deems appropriate. You
agree that Cingular will have no liability to you for any restriction or termination of your access to
the Wi-Fi Service pursuant to such violation or the expiration or termination of your
Communication Manager software license.
5. Content Disclaimer. Cingular does do not control, nor is Cingular in any way liable for,
data or content that you access or receive via the Wi-Fi Service. The Internet contains unedited
materials, some of which are sexually explicit or may be offensive to you. Cingular has no control
over and accept no responsibility for such materials. Cingular is not a publisher of third-party
content that can be accessed through the Wi-Fi Service, and is not responsible for any opinions,
advice, statements, services or other information provided by third parties and accessible through
the Wi-Fi Service. You are responsible for evaluating such content. You are responsible for
paying all fees and charges from third-party vendors whose sites, products or services you
access, buy or use via the Wi-Fi Service. Cingular does not guarantee the accuracy,
completeness or usefulness of information that is obtained through the Wi-Fi Service, and delays
or omissions may occur. If you choose to use the Wi-Fi Service to access web sites or Content
provided by third parties or purchase products from third parties, then your personal information
may be available to the third-party provider. The way third parties handle and use your personal
information related to the use of their services is governed by their policies and Cingular has no
responsibility for their policies, or third parties' compliance with them.
6. Release of Information. You consent to Cingular’s release of information about you when
we believe release is appropriate to comply with the law (e.g. a lawful subpoena); or to protect
users of the Wi-Fi Service and other carriers from fraudulent, abusive, or unlawful use of, or
subscription to, the Wi-Fi Service; or if we reasonably believe that an emergency involving
immediate danger of death or serious physical injury to any person requires disclosure of
communications or justifies disclosure of records without delay.
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7. Charges. You are responsible for paying all charges, including but not limited to: (i) a
monthly fee for the right to use the Wi-Fi Service an unlimited number of times (except as noted
below) during a 30-day period, and (ii) the price of any Wi-Fi Devices and accessories required to
use the Wi-Fi Service. To ensure that the Wi-Fi Service is not being used fraudulently, your
usage of the Wi-Fi Service is limited to 150 uses per month. You also must pay applicable Wi-Fi
access fees directly to a third party Wi-Fi service provider for non-Cingular Wi-Fi hotspot usage.
8. Limitation of Liability. In addition to the limitations set forth in the General Terms and
Conditions applicable to all Cingular services, which are hereby incorporated by reference,
Cingular is not responsible for any computer virus or related problems that may be attributable to
activities conducted while using the Wi-Fi Service.
9. Copyright Complaints. Cingular respects the intellectual property rights of others. If you
believe that your rights under the copyright law have been infringed through use of the Wi-Fi
Service, please provide Cingular’s copyright agent with the following written information so that
Cingular can respond in accordance with the procedure specified in the Digital Millennium
Copyright Act, 17 U.S.C. § 512: (1) an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright, (2) identification of the material that is claimed to have
been infringed, (3) identification of information to permit Cingular to locate the material that is
claimed to be infringing, (4) your contact information, including address, telephone number, and
e-mail address, (5) your statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agents, or the law, and (6)
your statement that the information in the notification is accurate, and under penalty of perjury,
that the complaining party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
Cingular’ copyright agent for notice of claims of copyright infringement:
Cingular
P.O. Box 97061 – RTC3
16221 NE 72nd Way
Redmond, WA 98052
Attn: Copyright Infringement Agent/Ruby Tarr
Phone: 425-580-6214
Fax: 425-580-1767
copyright@attws.com
10. Privacy. Please refer to the Cingular Privacy Policy at
www.cingular.com/privacy for information about our collection, use, disclosure and
protection of information relating to your use of the Wi-Fi Service.
11. Security. Wireless systems use radio channels to transmit data communications
over a complex network. Security cannot be guaranteed, and Cingular shall not be liable
to you for any lack of security you experience while using the Wi-Fi Service. Cingular has
the right to monitor, intercept and disclose any transmissions over or using our facilities,
and to provide usage records and related information under certain circumstances (for
example, in response to lawful process, orders, subpoenas, or warrants, or to protect our
rights or property). You acknowledge that the Wi-Fi Service is not inherently secure and
that wireless communications can be intercepted by equipment and software designed
for that purpose. The Cingular Wi-Fi Service is not part of the Cingular TDMA, CDPD,
GSM, or GPRS/EDGE/UMTS networks and, therefore, does not have the encryption,
authentication or other security features that may be available on those networks.
Cingular strongly encourages and supports certain customer-provided security solutions,
such as virtual private networks (VPNs), but does not provide these to its Wi-Fi users and
is not responsible for their effectiveness.
12. Consent to Monitoring and Disclosure. Cingular has no obligation to monitor the
Content that is available or transmitted to or by you through the Wi-Fi Service. However,
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we may monitor these materials periodically to (1) comply with any applicable laws,
regulations or other governmental orders; and (2) operate the Wi-Fi Service properly or to
protect itself and its users. Cingular has the right, but not the obligation, to suspend or
terminate your access and use of the Wi-Fi Service, and block or remove (in whole or in
part) any communications and materials transmitted through our Wi-Fi Service that we
believe in our sole discretion may violate applicable law, this Agreement or a third party's
rights, or is otherwise inappropriate or unacceptable.
13. We reserve the right to modify this Agreement from time-to-time on notice to you.
Continued use of the Wi-Fi Service subsequent to notice of such modification means you
will be bound by the terms and conditions of the then-current Wi-Fi Terms and
Conditions.
YOU ACKNOWLEDGE THAT YOU HAVE READ THE ABOVE LICENSE AND WI-FI SERVICE
AGREEMENT AND UNDERSTAND IT. BY CLICKING ON THE "YES" BUTTON, YOU
CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT WITH
RESPECT TO YOUR USE OF THE COVERED SOFTWARE PRODUCT AND WI-FI SERVICE.
IF YOU DO NOT AGREE WITH EACH AND EVERY TERM SET FORTH ABOVE, CLICK ON
THE "NO" BUTTON. THEREAFTER, DO NOT INSTALL OR USE THE LICENSED SOFTWARE
OR OTHERWISE ATTEMPT TO ACCESS THE WI-FI SERVICE.
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