Use of Zipit Software and Zipit Services
The “Zipit Software” means the software running on the Zipit Now device after it has been properly activated and connected to the Zipit Services via rap.zipitwireless.com (or other Zipit destination as defined by Zipit), and the software running on the Zipit RAP portal. This includes, but is not limited to the following features: (a) Zipit Direct Messaging (paging) software, (b) Zipit Chat (chat) software, (c) cellular and Wi-Fi connectivity, and (d) Zipit Now graphical user interface. The term “Zipit Software” includes these listed features and any additional features and functionality that Zipit may, at its discretion, offer from time to time.
Zipit may, at its discretion and from time to time, change, add or remove features and functionality of the Zipit Software without notice. Zipit reserves the right to discontinue one, some, or all of the features of the Zipit Software at any time at its discretion. Zipit may discontinue the provisioning of all software updates to Zipit Now devices that Zipit has reason to believe have been altered, tampered with or otherwise modified.
The “Zipit Services” means the services provided by Zipit and hosted on Zipit, or a third party’s, servers including, but not limited to (a) customization of features on the Zipit Now device, (b) software updates, (c) delivery of messages, and (d) logging usage habits of the Zipit Now device for reporting and so that new features can be developed. The term “Zipit Services” includes these listed capabilities and any additional features and functionality that Zipit may, at its discretion, offer from time to time.
Zipit reserves the right at any time to modify or discontinue, temporarily or permanently, the Zipit Service (or any part thereof) with or without notice. You agree that Zipit shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Ownership, Open Source Software, Disclaimers and Liability Limitations
You acknowledge and agree that the third party content is the copyrighted material of the third party that supplies it, is protected by U.S. copyright law and other applicable laws, and may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the third party that supplied it, except to the extent allowed under the U.S. copyright laws, or comparable foreign laws. You hereby agree and declare that any and all third party content accessed using your Zipit Now device or Zipit Software will not be used for third party content to be copied or displayed before a public audience without authorization from the appropriate rights holder. Unauthorized copying or distribution of copyrighted works may constitute an infringement of the copyright holders’ rights. Zipit reserves the right to terminate without notice the accounts of users of any Zipit Software or Zipit Services who infringe the copyrights of others.
Content provided to or delivered to your Zipit Now device from third party services, cell phones, email, or other providers is made available to you through the Zipit Services for the benefit of the Corporate Facility. Zipit takes no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Zipit liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
Zipit Services may provide links to other websites or resources. Because Zipit has no control over such sites and resources, you acknowledge and agree that Zipit is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
Zipit is not responsible for any incorrect or inaccurate content posted on or made available through the Zipit Services by anyone else, whether caused by you, a third party, or by any of the equipment or programming associated with or utilized in the Zipit Services. Zipit is not responsible for the conduct, whether online or offline, of any user of the Zipit Services. Zipit assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Zipit Services. Zipit is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or combination thereof, including, without limitation, any injury or damage to visitors or to any person’s computer related to or resulting from participation or downloading materials in connection with the Zipit Services. Under no circumstances shall Zipit be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Zipit Services or from any content delivered through the Zipit Services, or any interactions between users of the Zipit Services, whether online or offline.
Certain components of the Zipit Software are subject to the GNU General Public License or other so-called open source licenses (“Open Source Software”). In compliance with the terms of the GPL, Zipit makes its modifications to Open Source Software that Zipit uses, modifies and distributes pursuant to the GPL available to the public in source code form at http://linux.zipitwireless.com. You are free to use, modify and distribute Open Source Software that is subject to the GPL so long as you comply with the terms of the GPL (a copy of which is available in the product manual or at http://www.gnu.org/copyleft/gpl.html).
You are solely responsible for any and all content that is provided, made available, published or displayed by or through your Zipit Now device or the Zipit Services, including, without limitation, any e-mail, and for your interactions with providers of content. You will not use any information obtained from the Zipit Services in order to harass, abuse, or harm another person.
YOU UNDERSTAND AND AGREE THAT THE ZIPIT SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ZIPIT MAKES NO WARRANTY THAT USE OF THE ZIPIT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES ZIPIT MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ZIPIT SERVICES (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE ZIPIT SERVICES WILL BE CORRECTED OR THAT THE ZIPIT SOFTWARE OR ZIPIT SERVICES WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, ZIPIT DOES NOT WARRANT THAT THE ZIPIT SERVICES OR THE ZIPIT SERVERS THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZIPIT ALSO ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO, VIRUSES THAT MAY INFECT SOFTWARE OR HARDWARE OWNED OR LICENSED BY YOU. ZIPIT, ON BEHALF OF ITSLEF AND ITS SUPPLIERS, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE ZIPIT SERVICES OR ZIPIT SOFTWARE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS. Because some jurisdictions do not permit the exclusion of implied warranties, the last sentence of this section may not apply to you.
IN NO EVENT WILL ZIPIT OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, MISUSE OF USER INFORMATION, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE ZIPIT SOFTWARE, OR USE OF THE ZIPIT SERVICES THROUGH YOUR ACCOUNT BY ANYONE ELSE, EVEN IF ZIPIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL ZIPIT’S TOTAL CUMULATIVE LIABILITY TO YOU AND ANYONE WHO USES THE ZIPIT SERVICES THROUGH YOUR ACCOUNT, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW, EXCEED THE AGGREGATE AMOUNT YOU PAID TO ZIPIT IN THE PRECEDING TWELVE MONTHS. YOU UNDERSTAND THAT THESE LIMITATIONS OF ZIPIT’S AND ZIPIT’S SUPPLIERS’ LIABILITY ARE A FUNDAMENTAL PART OF THIS AGREEMENT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Additionally, this provision is not intended to limit Zipit’s liability in the event of Zipit’s willful or intentional misconduct.