Page 1 of 5 IMPORTANT ? PLEASE READ CAREFULLY 29-03 ...
Page 1 of 5 IMPORTANT ? PLEASE READ CAREFULLY 29-03 ...
Page 1 of 5 IMPORTANT ? PLEASE READ CAREFULLY 29-03 ...
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<strong>IMPORTANT</strong> – <strong>PLEASE</strong> <strong>READ</strong> <strong>CAREFULLY</strong><br />
period shall constitute Your acceptance to be bound by the terms and conditions <strong>of</strong> the revised Agreement.<br />
You can find the latest version <strong>of</strong> this Agreement at http://www.skyfiles.dk/partner/telia/EULA.jsp.<br />
15. Government Use. If You are part <strong>of</strong> an agency, department, or other entity <strong>of</strong> the United States<br />
Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer<br />
<strong>of</strong> the S<strong>of</strong>tware is restricted in accordance with the Federal Acquisition Regulations as applied to civilian<br />
agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The<br />
SoonR S<strong>of</strong>tware is a "commercial item," "commercial computer s<strong>of</strong>tware" and "commercial computer s<strong>of</strong>tware<br />
documentation." In accordance with such provisions, any use <strong>of</strong> the SoonR S<strong>of</strong>tware by the Government shall<br />
be governed solely by the terms <strong>of</strong> this Agreement.<br />
16. Export Controls. You shall comply with all export laws and restrictions and regulations <strong>of</strong> the Department<br />
<strong>of</strong> Commerce, the United States Department <strong>of</strong> Treasury Office <strong>of</strong> Foreign Assets Control ("OFAC"), or other<br />
United States or foreign agency or authority, and You shall not export, or allow the export or re-export <strong>of</strong> the<br />
SoonR S<strong>of</strong>tware in violation <strong>of</strong> any such restrictions, laws or regulations. By downloading or using the SoonR<br />
S<strong>of</strong>tware, You agree to the foregoing and represents and warrant that You are not located in, under the<br />
control <strong>of</strong>, or a national or resident <strong>of</strong> any restricted country, and that You will otherwise comply with all<br />
applicable export control laws.<br />
17. Applicable Law. The laws <strong>of</strong> the State <strong>of</strong> California will govern this Agreement, without reference to<br />
conflicts <strong>of</strong> law principles. The United Nations Convention on Contracts for the Sale <strong>of</strong> Goods does not apply<br />
to this Agreement. The sole and exclusive jurisdiction and venue for actions arising under this Agreement<br />
shall be the State and Federal courts in San Francisco County, California; You hereby agree to service <strong>of</strong><br />
process in accordance with the rules <strong>of</strong> such courts.<br />
18. Miscellaneous.<br />
18.1 Entire Agreement. This Agreement sets forth the entire understanding and agreement between You and<br />
SoonR with respect to the subject matter here<strong>of</strong>. If any provision or provisions here<strong>of</strong> shall be held to be<br />
invalid, illegal, or unenforceable, the validity, legality, and enforceability <strong>of</strong> the remaining provisions shall not<br />
be in any way affected thereby.<br />
18.2 Third Party Fees. You are responsible for fees associated with the operation <strong>of</strong> Your mobile device and<br />
personal computer, such as messaging charges and airtime, and the costs <strong>of</strong> Internet access.<br />
18.3 Waivers. SoonR's failure to act with respect to a breach <strong>of</strong> this Agreement by You or others does not<br />
constitute a waiver and shall not limit SoonR's rights with respect to such breach or any subsequent breaches.<br />
18.4 No Assignment by You. This Agreement is personal to You and may not be assigned or transferred for<br />
any reason whatsoever.<br />
18.5 Assignment by SoonR. SoonR expressly reserves the right to assign this Agreement and to delegate any<br />
<strong>of</strong> its obligations hereunder.<br />
18.6 Language. The original English version <strong>of</strong> this Agreement may have been translated into other<br />
languages. In the event <strong>of</strong> inconsistency or discrepancy between the English version and any other language<br />
version <strong>of</strong> this Agreement, the English language version shall prevail.<br />
18.7 Electronic Communications and Signatures. You hereby agree to the use <strong>of</strong> electronic communication in<br />
order to enter into agreements and place orders, and to the electronic delivery <strong>of</strong> notices, policies and records<br />
<strong>of</strong> transactions initiated or completed through the SoonR S<strong>of</strong>tware. Furthermore, You hereby waive any rights<br />
or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic)<br />
signature or delivery or retention <strong>of</strong> non-electronic records, to the extent permitted under applicable<br />
mandatory law.<br />
18.8 Enabling/Disabling SMS Messaging:<br />
<strong>Page</strong> 4 <strong>of</strong> 5<br />
How to Enable (or Opt-in): By default, SMS capabilities are on. If You have turned them <strong>of</strong>f, You may reenable<br />
them: on Your computer visit https://www.skyfiles.dk and login. Click the My Account tab, click Edit<br />
and then check the box next to "Allow Live Backup to send You SMS when alerts occur. Disable to prevent<br />
SMS from Live Backup." Click Update.<br />
file://C:\Documents and Settings\caen09\Desktop\SKYfiles\EULA_en-us.html<br />
<strong>29</strong>-<strong>03</strong>-2010