Terms of Use for the free Spotigo Find & Connect Manager of Spotigo GmbH

Version as of 04.07.2007

IMPORTANT: THESE TERMS OF USE SET FORTH THE TERMS UNDER WHICH YOU MAY USE THE SPOTIGO FIND & CONNECT MANAGER (“SWM” OR “THE SOFTWARE”). THEY CONSTITUTE A BINDING LEGAL DOCUMENT BETWEEN YOU AND THE SPOTIGO GMBH. PLEASE READ THIS DOCUMENT CAREFULLY.

BY DOWNLOADING AND/OR INSTALLING AND/OR USE OF THE SOFTWARE YOU AGREE TO ABIDE BY THESE TERMS OF USE. IN THE EVENT YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT ALLOWED TO INSTALL OR USE THE SOFTWARE.

Table of contents

II. Scope

The SWM was created by Spotigo GmbH, Düsseldorf, Germany (“Spotigo”). The SWM enables the user to locate the WIFI-Hotspots in his proximity and helps him with connecting to the nearest Hotspot. With the help of an integrated Hotspot databank, which is part of the SWM, the user receives further information with regard to the Hotspots and networks which are currently reachable, such as costs, provider, location etc.

The usage of the SWM is a service provided by Spotigo and is subject to the following terms and conditions. By using the SWM you agree to abide by the applicable law and these terms and conditions. These terms and conditions are not stored individually for each contractual party.

III. Requirements for subscription

During the installation of the Spotigo Find & Connect Manager an anonymous unique identifier (the registration key) will be generated and used to register your copy of the software with the Spotigo services which will be stored in connection with the registration data. With this we ensure that the SWM is only used by you and only in accordance with these terms of use. This further enables us to send you messages regarding the SWM, such as notices about software updates, hotspot data updates, bugs and the upcoming end of the licence for use.

You undertake to protect the SWM against unauthorised use by third parties. You will be responsible for all activities and transactions that occur with your copy of the SWM.

IV. Responsibilities for minors

In the event that parents or guardians consent to minors using the Spotigo services, they accept their responsibility for the conduct of minors online, the access controls, as well as for the consequences arising from misuse of Spotigo services by minors.


V. Data protection

Spotigo respects users’ privacy and complies with all applicable data protection requirements.

The Spotigo Find & Connect Manager does not require the collection or submission of personal data. Should you nevertheless submit personal data to Spotigo then we will collect, process and use your personal data only in accordance with the valid UK data protection laws.

For the purpose of the provisioning of this service and for continuously improving its services, Spotigo collects, stores and processes technical usage data through the SWM. These data do not contain any personal data and are therefore completely anonymous. Should you disagree with this data collection then we hereby request you not to accept these terms of use and to remove the software as well as installation file from your computer.

If consent to the use of personal data is a prerequisite for using a particular service, minors may only give such consent if they are fully aware of the consequences of such consent.

Apart from mainly being processed in Germany, your data will also be processed in other EU member states.

VI. Warranty exclusion / Limitation of liability

The SWM is provided by Spotigo without any warranties or guarantees. You must bear the risks associated with the use of the SWM.

The Spotigo services include content from other internet sites or resources and while Spotigo tries to ensure that material included as part of the Spotigo services is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Spotigo will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Spotigo services.

In particular, Spotigo disclaims all liabilities in connection with the following:

· incompatibility of the SWM with any of your equipment, software or telecommunications links

· technical problems including errors or interruptions of the SWM and the connected services

· unsuitability, unreliability or inaccuracy of the SWM and the connected services

· inadequacy of the SWM to meet your requirements

To the full extent allowed by applicable law, you agree that Spotigo will not be liable to you or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Spotigo services.

Nothing in these general terms and conditions of business shall exclude Spotigo’ liability for personal injury or death caused by its negligence.

VII. Change of service or service offering

Spotigo reserves the rights to change the its services offered by the SWM at any time or to deviate from them. For the changed service offerings these terms of use stay valid.

Spotigo has the right to assign a third party with the management or operation of parts of this service or the complete service. In this case you have the right to cancel this contract. The third party takes over these rights and obligations from Spotigo.

VIII. Term and termination

This agreement does not have a specific term.

Either party may terminate this agreement by giving to the other 4 weeks notice.

Spotigo may suspend or terminate your use of the SWM immediately at its reasonable discretion if you breach any of your obligations under these terms and conditions.

You may terminate this agreement simply by deinstaling the Spotigo Find & Connect Manager from your computer.

IX. License terms for the Spotigo Find & Connect Manager

Spotigo grants you the following rights to use the SWM:

You are granted a non-exlusive right to use the SWM on one single computer device.

a) Right to copy

You may make a copy of the SWM if such a copy is necessary for the use of the SWM, such as the copies made during installation of the SWM and use of the SWM.

Further you may make one copy for the purpose of security. Such copy must be marked as a security copy of the SWM in your possession.

You may not make any further copies. It is especially forbidden to copy the hotspot listing / hotspot database included in the SWM.

b) Multiple use and use in a network

You may use the SWM on any hardware at your disposal. However, when you change the hardware on which the SWM is running you must delete the SWM from the other hardware. You may not use and hold copies of the SWM on more than one piece of hardware.

One copy of the SWM may only be used by one individual at a time.

c) Decompilation / Reverse engineering

Unless explicitly allowed by the applicable law, you may not decompile or reverse engineer the SWM.

d) Updates

The SWM and single components of it (e.g. hotspot directories and connection profiles) may be updated by Spotigo (”Update”).

All software updates are provided on the basis of a new licence. You declare a waiver regarding your right to use the older version of the SWM.

Installation and use of an Update may be subject to new terms of use. In that event the new terms of use will be displayed before or during installation. In the event an update does not contain new terms of use, these terms of use remain valid.

e) Miscellaneous

Copyright markings, serial numbers and any other markings for identifying the SWM may not be deleted, altered or suppressed.

In the event the SWM comes with a documentation and/or handbook in electronic from, you may printout such document.

All rights which are not explicitly granted to you in these terms of use are reserved.

 

contact

If you have any questions at all about the database or the Spotigo Hotspot search, please contact:

hotspots[at]spotigo.net