If you subscribe to Software Services, the following terms apply, in addition to the general terms of service and any other terms applicable.
Software
1. Skywire may provide to you, at no cost or for a fee, software owned by Skywire or its third party licensors, providers or suppliers in connection with the Services (“Software”). You may use the Software in object code form only, on the hardware on which it is installed, only as part of or for use with the Service and for no other purpose. The Software may be accompanied by an end user license agreement from Skywire or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes an end user license agreement unless you first agree to the terms and conditions of the end user license agreement.
2. If the Software is not accompanied by an end user license agreement from Skywire or a third party, you are hereby granted a personal, revocable, non-exclusive, non-transferable license by Skywire or its third party licensors, providers or suppliers, to use the Software (and any corrections, updates and upgrades thereto), for the sole purpose of enabling you to use the Service.
3. You agree that the Software is the confidential information of Skywire or its third party licensors, providers or suppliers, which you shall not disclose to others or use except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by Skywire or its third party licensors, providers, or suppliers. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Software. You acknowledge that this license is not a sale of intellectual property and that Skywire or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades. The Software may be used in the United States only, and any export of the Software is strictly prohibited. We reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. .
4. IF AT ANY TIME DURING THE TERM OF THIS AGREEMENT SKYWIRE PROVIDES YOU WITH FREE OR FOR-FEE SOFTWARE OR EQUIPMENT, INCLUDING WITHOUT LIMITATION, CLIENT AND/OR NETWORK SECURITY SOFTWARE, YOU AGREE THAT YOUR SOLE RIGHT TO RECOURSE, IF ANY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR FAILURE OF SUCH SOFTWARE TO PERFORM OR FOR PERSONAL INJURY OR DATA LOSS, IS AGAINST THE MANUFACTURER OF SUCH SOFTWARE OR PERIPHERAL EQUIPMENT.
5. Skywire provides technical assistance and support for the Software in accordance with its policies. Unless otherwise provided, Skywire does not provide technical assistance or support for third party Software. Technical assistance or support with regard to third party software provided by the Software supplier is provided in accordance with such third party’s policies or other terms.
6. Your license to use the Software shall remain in full force and effect during the Initial Term and any renewal terms, unless and until it is terminated by Skywire, its third party licensors, providers or suppliers, or until this Agreement expires or is terminated.
7. Other Third Party Agreements. You agree to comply with the terms of service that apply to any websites or other services you access on the Internet and agree that the third party provider of such services (and not Skywire) is solely responsible for the delivery of its service(s) to you and your use of them. Third party services include, but are not limited to, portal, music, video, auction, security, financial, gaming, storage and photography services, whether or not Skywire has made such services available to you. Violation of such third party provider’s terms of service may, in Skywire’s sole discretion, result in the termination of your Service. You further agree to indemnify, defend and hold Skywire harmless from and against any claims or liabilities that may result from your use of such third party services.
8. All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the Skywire Web Sites (including but not limited to, related software, images, photographs, animations, video, audio, music, text, and Content), are owned by Skywire, its affiliates or licensors. All title and intellectual property rights in and to the information and Content which may be accessed through use of the Skywire Web Sites are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement does not grant you any rights to use such Content, nor does it grant any rights to the Skywire Web Sites, other than the right to the Skywire Web Sites according to the terms of the Agreement.
