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Mobi Connection Manager Disclaimer

The software accompanying the Mobi Modem includes a usage counter aimed at giving an indication of the number of megabytes of Mobi Wireless data that have been consumed during its use


Please note:

The usage counter gives as accurate a reflection of data usage as possible, but accuracy cannot be guaranteed. It should be seen as being indicative of total use during a given month only.

There are a number of actions and factors that could influence the accuracy of the usage counter. These include, but are not limited to, the subscriber:

· manually resetting the usage counters in the software

· reinstalling the software at any point after initial usage

· disconnecting the modem, inserting it in another computer and installing the usage counter
  software on that computer

· using the Mobi Modem and software in multiple laptops or devices

· connecting via any means other than the 'Connect' button in the MOBI Connection Manager

· closing the PC (closing screen) without pressing 'disconnect'

· exiting the MOBI Connection Manager by clicking on the exit (x) button

· disconnecting in any way other than using the 'disconnect' button

Mobi will not accept any responsibility or liability for inaccurate indications of data usage in the software and any possible discrepancies between the usage counter and actual data usage that the subscriber will be billed for.

 

SOFTWARE END-USER LICENSE AGREEMENT

(“EULA”)

LICENSOR:

CEDARCOM BROADBAND SAL

Abraj Beirut Complex, Bloc A,

Ground Floor, Beirut – Lebanon

Phone: +961-1-313999

Fax: +961-1-314999

DO NOT OPEN THIS SEALED PACKAGE NEITHER CLICK THE “ACCEPT” BUTTON UNTIL YOU HAVE READ AND ACCEPTED ALL THE TERMS OF THIS SOFTWARE END-USER LICENSE AGREEMENT (“EULA”) AND WISH TO BECOME THE LICENSEE OF THE SOFTWARE. ACCEPTANCE SHALL BIND YOU TO THE TERMS OF THE EULA. YOUR OPENING OF THIS PACKAGE OR YOUR CLICKING OF THE “ACCEPT” BUTTON (AS THE CASE MAY BE) WILL BE DEEMED TO BE YOUR (the “LICENSEE” or “YOU”)) ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT WISH TO ACCEPT THE TERMS, RETURN THIS PACKAGE UNOPENED TO LICENSOR OR OTHER PARTY FROM WHOM YOU OBTAINED THIS PACKAGE OR CLICK THE “CANCEL” BUTTON (AS THE CASE MAY BE).

LICENSOR (the “LICENSOR”) is authorized to license the Mobi Connection Manager software (the "SOFTWARE") contained in this package or downloaded by YOU from the Mobi website or from the website of Mobi’s authorized ISPs.

Upon opening the sealed package or clicking the ACCEPT button, the LICENSEE accepts a non-exclusive, non-transferable license to download and/or install and to use the SOFTWARE (i) on a single computer system (the "System"), (ii) solely in connection with data transmission and other services offered to YOU by Mobi under a Mobi contract, and (iii) upon the terms and subject to the conditions contained herein.

LICENSEE may download and/or install the SOFTWARE onto Licensee’s fixed media storage device only, solely for LICENSEE’S personal non-commercial use. LICENSEE may not copy or transfer the SOFTWARE to another fixed media storage device nor use or permit to be used the SOFTWARE for any commercial purpose of whatsoever nature.

LICENSEE shall not disassemble, decompile or reverse engineer the SOFTWARE, nor translate, adapt, modify, lease, rent, loan, redistribute, sub-lease, sub-license or create derivative works of/from the SOFTWARE. LICENSEE shall not use nor display the SOFTWARE on any public bulletin board, ftp site, website, chat room or in any other media available to the public.

LICENSEE shall not transfer, assign, sub licence, or otherwise distribute or enable a third party to use the SOFTWARE or any part of it. YOU agree that YOU will not use the Software or any part of it in breach of any applicable laws or regulations. Further, YOU agree to keep secret and in a safe place any passwords or other access devices YOU may be provided with in order to prevent any unauthorised use of the SOFTWARE. YOU may not perform any acts that are not acceptable to LICENSOR, including but not limited to creating a skin for the SOFTWARE without the express consent of the LICENSOR. In the event that YOU obtain consent from the LICENSOR, YOU will be liable to pay license fees in respect of an act that YOU need consent for.

The SOFTWARE is provided on an "as-is" basis and, to the fullest extent permitted by applicable laws, without any warranty of whatsoever nature (whether express or implied) being given to LICENSEE including, without limitation, implied warranties of satisfactory quality or fitness for a particular purpose. LICENSEE irrevocably accepts that it is solely responsible for all loss, damage, costs and expenses suffered and/or incurred by LICENSEE arising from, and/or in connection with, the downloading, installation and/or use of the SOFTWARE. LICENSOR (including all of its suppliers, dealers, distributors, agents and employees) excludes and disclaims all liability for any loss, damage, costs and expenses of whatsoever nature arising from, and/or in connection with this EULA, the SOFTWARE, its downloading, installation, use or otherwise, and expressly excludes all liability for indirect, special, incidental and consequential loss or damage howsoever caused.

LICENSOR is, and shall at all times remain, the sole owner of all intellectual property and other rights (whether proprietary or otherwise), including but not limited to Copyrights and trademarks, subsisting in, or used in connection with, the SOFTWARE. The trademarks, tradenames and logos (including "Mobi” and Cedarcom) featured in the SOFTWARE are trademarks, tradenames and/or registered trademarks of LICENSOR in Lebanon and other countries. Third party trademarks, trade names, images, product names and logos featured in the SOFTWARE may be the trademarks or registered trademarks of their respective owners.

LICENSOR may terminate this EULA at any time if LICENSEE is in breach of any of the terms and conditions of this EULA, and LICENSEE shall forthwith uninstall and delete the SOFTWARE from Licensee’s fixed media storage device upon such termination. LICENSEE may terminate this EULA at any time by uninstalling and deleting the SOFTWARE (together with permitted copy thereof) from Licensee’s fixed media storage device.

This EULA is governed by, and construed in accordance with the laws of Lebanon and LICENSEE and LICENSOR irrevocably submit any disputes arising herein to the exclusive jurisdiction of the courts of Beirut.

If YOU need any help with the Software please call 01/313999.



I accept the terms in the license agreement