ATTENTION: PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS") CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE OR VISIT THIS WEBSITE.

Use of Site

Blue Wave Wireless, Inc. ("BWW") authorizes you to view and download the materials at this website ("Site") only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify or create derivative works based on the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. BWW reserves the right to change these Terms from time to time effective immediately at its sole discretion without notice. You should visit this page periodically to review the then-current Terms. In the case of any violation of these Terms, BWW reserves the right to seek all remedies available by law and in equity for such violations. These Terms apply to all visits to the Site, both now and in the future.

Disclaimers

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THIS SITE, AND ALL CONTENT, INFORMATION, MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. BWW MAKES NO WARRANTY THAT: (A) THIS SITE WILL MEET YOUR REQUIREMENTS; (B) THIS SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR ANY SERVICES OFFERED THROUGH THIS SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK. BWW SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. BWW's obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. BWW further does not warrant the accuracy and completeness of the materials, software or services at this Site. BWW may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and BWW makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local BWW business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.

Limitation of liability

IN NO EVENT WILL BWW, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES OR PRODUCTS CONTAINED AT THIS SITE OR ANY OR ALL SUCH OTHER SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT BWW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Compliance With Applicable Laws; Export Control Laws.

User access to this Site is governed by all applicable federal, state and local laws. All information available on this Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. You may not access, download, use or export this Site, or the content, software, products or services provided on this Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. All BWW products and publications are commercial in nature. Use duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of BWW in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services and/or products of BWW outside the U.S. Neither the services or products of BWW nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms and Conditions of Use, you agree to the foregoing and represents and warrants that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Use of software

Any software that is made available to download from this Site is the copyrighted work of BWW and/or its suppliers. Use of the software is governed by the terms of the end user license agreement which accompanies or is included with the software ("License Agreement"). You may not download or install any software unless you have read and accepted the terms of the License Agreement. REPRODUCTION, MODIFICATION OR DISTRIBUTION OF THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE AGREEMENT.

User Submissions

BWW does not want to receive confidential or proprietary information from you through this Site. Any material, information or other communication ("Communications") you transmit or post to this Site will be considered non-confidential and non-proprietary. BWW will have no obligations with respect to the Communications. BWW and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. Personally identifiable information that you submit to BWW for the purpose of receiving products or services will be handled in accordance with the BWW Privacy Policy. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, harassing, or other material that would invade another's privacy, promote bigotry, racism, hatred or harm against any group or individual, infringe another's rights, including but not limited to intellectual property right, constitute unsolicited bulk e-mail, "junk mail," "spam" or chain letters, be harmful to minors, or that would otherwise violate any applicable laws or regulations. BWW will comply with any court order in disclosing the identity of any person posting communications on this Site. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of this Site to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by BWW, you agree not to collect or store personal data about other users.

The contributions of third parties do not necessarily represent the view or opinions of BWW. BWW can not preview any user content before it appears. Users can be held liable for any illegal or prohibited content they provide to this site, including among other things, infringing, defamatory or offensive materials. However, if you discover this kind of material on this Site, please notify us and we will investigate your claim and take appropriate action.
By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to BWW, you automatically grant (or warrant that the owner of such rights has expressly granted) BWW and other users of this Site a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content on in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.

Passwords and Security

You are responsible for maintaining the confidentiality of any password(s) you are given to access this Site, and are fully responsible for all activities that occur under your password(s). You will not misuse or share the username/password that is issued to you by BWW, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any materials you are exposed to through this Site. You agree to notify BWW immediately of any unauthorized use of your password(s).
You are also responsible for maintaining the confidentiality of any license numbers you are given to make use of any BWW products, within the terms of the particular license.

Termination of Use

You agree that BWW may, in its sole discretion, at any time terminate your access to this Site and any account(s) you may have in connection with this Site. Access to this Site may be monitored by BWW.

Third Party Web Sites, Content, Products and Services

This Site provides links to websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of this Site. You agree that BWW is not responsible for the availability of, and content and products provided on, third party websites. You further agree that BWW does not endorse the content of any third party site, nor can we warrant that they will not contain viruses or otherwise impact your computer. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that BWW is not responsible for third party content and products accessible through this Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content and products. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that BWW is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that BWW is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

Indemnity

You agree to defend, indemnify and hold harmless BWW, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access or use of this Site.

Minors

Posting materials that exploit children or is unsuitable for viewing by children on this Site is forbidden and will result in Termination of Use.

We are unable to reliably verify the age of any user of the Site. Minors are not eligible to use this Site and we ask that they do not submit any personal information to us.

Copyright/Trademark Information
Copyright © 2006-2008, Blue Wave Wireless, Inc. All rights reserved.

The trademarks, service marks and logos of BWW and others used in this Site ("Trademarks") are the property of BWW and their respective owners. You have no right to use any such Trademarks, and nothing contained in this Site or these Terms grants any right to use (by implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of BWW or the respective owner.

Privacy Policy

BWW is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy policy at www.bluewavewireless.com/privacy.html. If you are 13 or under you should not post information about yourself on this Site, without the permission of a parent or guardian.

General

BWW administers this Site from its offices in Foster City, California. BWW makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with U.S. federal law and the laws of the State of California, without giving effect to any principles of conflicts of laws. Any legal action or proceeding relating to your access or use of this Site will be instituted in a state or federal court in San Francisco or Santa Clara County, California. You and BWW agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

BWW may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Contacting Us

If you have any questions or comments about the foregoing Terms, please e-mail us at legal@bluewavewireless.com.