SERVICES. Open Mobile Express (the “Service”) is a wireless connectivity service provided by iPass Inc. (“iPass”) which enables quick, seamless Internet connectivity for smartphones, tablets, and laptops to iPass’ global commercial Wi-Fi network. The Terms and Conditions of this Service and any other rules or policies posted on iPass’ web site which can be found at http://www.ipass.com or referred to in this Agreement set forth the legally binding terms governing your use of the Service (“Agreement”). Please read this Agreement carefully before using the Service as this forms a legally binding agreement between you and iPass. By creating a Trial Account and or using the Service you agree that you are over the age of eighteen (18) and further agree to be bound by all of the terms and conditions of this Agreement.
SERVICE REGISTRATION. In order to use the Service, you must first create a user account (“Trial Account”) by providing iPass your email address. A username and password will then be automatically generated and sent to the email address provided. You will need that username and password every time you want to access the Service. Your username and password shall remain the sole property of iPass and you will have no right and title in and to your username or password. You are solely responsible for maintaining the confidentiality of your username and password. Further, you agree that you will not use the username and/or password of any other person. You agree to notify iPass immediately if you suspect any unauthorized use of the Service, your username and/or password. In order to access the Service you will need a compatible laptop, tablet, smartphone and or other device with embedded WI-FI technology (a “Device”). It is your responsibility to ensure that your Device(s) is compatible with the Service. You agree that you are solely responsible for any fees associated with the use of the Service on your selected Device(s).
SERVICE LICENSE. Subject to the terms of this Agreement and during the term of this Agreement, iPass hereby grants you a non-exclusive and non-transferable right to install and use the Service on up to four (4) Devices for your own personal use. You acknowledge that the Service and its related software contain the valuable secrets of iPass and you agree not to cause or permit the reverse engineering, translation, disassembly, or decompilation of, or otherwise attempt to derive the source code of, the Service and its software, whether in whole or in part. You will not use, reproduce, modify, prepare derivative works of, distribute, sublicense, loan, sell, or otherwise transfer the Service and its software in any manner or for any purpose except as expressly permitted herein. iPass will retain all title, copyright and other proprietary and intellectual property rights in and to the Service and its software, and any other technology, services, or materials that iPass may provide to you hereunder or in conjunction with the Service. All rights in and to the foregoing not expressly granted to you in this Agreement are reserved by iPass. In particular, but without limiting the generality of the foregoing, no right to or license in the source code for the Service and its software is granted hereunder. You will not obfuscate, alter, or remove any copyright, trademark, or other proprietary notice or legend on or in the Service and its software. Further, you agree that you will not: (1) resell any part of the Service; (2) share your Service connection with anyone; or (3) access the Service simultaneously through the use of multiple devices.
TERM AND TERMINATION. This Agreement shall commence once iPass has validated your email address and created a Trial Account and shall remain in full legal force and effect for one (1) month from the date of Trial Account creation (“Term”). During the Term, you will be able to access the Service for one (1) continuous twenty-four (24) hour period beginning when you first access the Service. Upon the conclusion of that twenty-four (24) hour period, you will no longer be able to access the Service using this Trial Account. iPass may terminate or suspend your Trial Account if: (1) it believes, in its sole discretion, that you are in breach of this Agreement; (2) if iPass decides to stop providing the Service; or (3) for iPass’ convenience. You will be sent an email notification to the email address on file in your Trial Account upon termination or suspension of Service. You agree to discontinue your use of the Service and remove and any all Service applications from your Devices immediately upon notification of termination. You may terminate your Trial Account, at any time, by sending an email requesting termination to support@ipass.com.
ACCEPTABLE USE. You agree that you will not use the Service in a manner contrary to the iPass acceptable use policy located at /wp-content/uploads/2010/01/Acceptable-Use-Policy.pdf and incorporated herein by reference. iPass reserves the right to investigate any breach and or suspected breach of this acceptable use policy. iPass may suspend or terminate provision of the Service if, in its sole discretion, it suspects that you have violated this policy.
PRIVACY. You agree to the terms of the iPass privacy policy located at /about/company/privacy-policy/. You accept that certain uses of the data gathered by iPass as a result of your use of the Service are necessary to enable provision of the Services to you and accordingly, if you withdraw your consent for iPass to use your data as is detailed in its Privacy Policy the supply of the Service to you may be terminated. If you use this Service through an employer sponsored program, your employer will have the ability to view your usage history (including but not limited to how long you used the Service and your location when accessing the Service). If you do not agree to your employer having access to this information, do not use this Service.
WARRANTY AND DISCLAIMERS. By its very nature, the Internet contains offensive and/or harmful material, in some cases under descriptions that have been mislabeled or are otherwise deceptive. iPass shall not be responsible for any damages suffered by you and/or any person as a result of obtaining Internet access. iPass exercises no control whatsoever over the content of the information passing through its systems.
NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND IPASS DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AND THERE ARE NO CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF NON-INTERFERENCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF SERVICES. ANY STATEMENTS MADE IN ANY WRITTEN OR ELECTRONIC DOCUMENTS, OR BY ANY IPASS EMPLOYEES, REPRESENTATIVES, OR AGENTS, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND. IPASS DOES NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM SERVICE DEGRADATION, OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE ON THE SERVICES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING, INTERFERING, OR DESTRUCTIVE PROPERTIES. IPASS CANNOT AND DOES NOT GUARANTEE THE SECURITY OR INTEGRITY OF DATA TRANSMISSION OR STORAGE, OR THAT VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE DETECTED OR REMEDIATED BY THE SERVICES. SERVICES ARE ONLY AVAILABLE WITHIN THE COVERAGE AREA OF THE IPASS NETWORK, WHICH IS SUBJECT TO CHANGE. YOU ACKNOWLEDGE THAT SERVICES MAY BE TEMPORARILY UNAVAILABLE FOR MAINTENANCE, EQUIPMENT MODIFICATIONS, OR UPGRADES, AND FOR OTHER REASONS WITHIN AND WITHOUT THE DIRECT CONTROL OF IPASS.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IPASS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE.
INDEMNITY. You agree to indemnify, defend and hold harmless iPass and its officers, directors, employees, agents, successors and assigns from and against any loss, liability or claim, including claim for reasonable attorney’s fees, brought by any third party and arising from (a) your infringement of any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy through use of the Service (b) your violation of any applicable law, statute, ordinance or regulation when using the Service; (c) violation of iPass’ acceptable use policy; or (d) material breach of this Agreement.
AMMENDMENTS. iPass may, in its sole discretion, make amendments to the terms and conditions of this Agreement. If iPass makes any such amendments, iPass will strive to notify you of such changes by sending a notification to the email address on file in your Trial Account. Notwithstanding, any such amendment shall be effective upon publication on the Web Site and you are responsible for regularly checking for any such updates.
ASSIGNMENT. You may not assign the Agreement, the use of the Services or your rights and obligations under this Agreement without the prior written consent of iPass. Any such assignment shall be void.
SURVIVAL. The following sections shall survive the termination of this Agreement: Indemnity; Limitation of Liability; Warranty and Disclaimers; Choice of Law; Privacy; Payments and Charges, and Acceptable Use.
SEVERABILITY. If any provision of the Agreement is held to be invalid, illegal or unenforceable by any court or other competent tribunal then the remaining provisions of the Agreement shall remain in full force and effect.
CHOICE OF LAW. The laws of California shall govern the construction and enforceability of the Agreement. You agree that any action arising under or relating to this Agreement shall lie within the exclusive jurisdiction of the Courts located in San Mateo County, California, USA. Each party hereby submits to the personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with regard to the Services provided hereunder. All prior agreements, proposals, representations and other understandings whether oral or written, are superseded in their entirety by this Agreement.
NO WAIVER. No alteration or modification of this Agreement will be valid unless made in writing and signed by iPass. In the event of a conflict between the Agreement and any terms and conditions or statements contained in any document related to the Services, the terms of this Agreement will control.
iPass Contacts: support@ipass.com.
