Last updated March 7, 2016
THIS IS A BINDING CONTRACT.
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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH THEM, YOU MUST NOT USE THIS WEBSITE, OR USE OR DOWNLOAD ANY SOFTWARE PROVIDED HEREIN. USE OF THIS WEBSITE, OR USE OR DOWNLOAD OF ANY SOFTWARE PROVIDED HEREIN INDICATES YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.
FOR INTERNATIONAL USERS: THIS AGREEMENT HAS BEEN WRITTEN IN THE ENGLISH LANGUAGE. BY MAKING USE OF THIS WEBSITE, OR USING OR DOWNLOADING ANY SOFTWARE PROVIDED HEREIN YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER THE LAW OF YOUR COUNTRY TO HAVE THIS AGREEMENT WRITTEN IN THE LANGUAGE OF THAT COUNTRY.
This is a binding contractual agreement (the “Agreement“) between you and Optimal Satcom, Inc. (“Optimal Satcom”). FOR THE PURPOSE OF THIS AGREEMENT, OPTIMAL SATCOM IS TERMED “LICENSOR“.
This Website is provided by Licensor and may be used for informational purposes only. By using the Website or downloading materials from the Website, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions do not use the site or download materials from the Website.
Subject to the terms and conditions set forth in this Agreement, Licensor grants you a non-exclusive, non-transferable, limited right to access, use and display the www.optimalsatcom.com website (“Website“) and the materials thereon (“Materials“), and make use of the software provided therein. You agree not to interrupt or attempt to interrupt the operation of the Website in any way.
This license grant is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Website as it may be updated from time to time. This Website, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Website and to prevent any unauthorized copying of the Materials.
Subject to the limited license granted herein, as between Licensor and You, Licensor holds all right, title and interest in and to the Materials, including, without limitation, any patents, trademarks, trade secrets, copyrights or other intellectual property rights therein. Licensor reserves all rights not expressly granted by this Agreement, and, except as granted herein, you neither obtain nor acquire any additional rights in or to the Materials.
None of the Materials or underlying information or technology may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations.
FOR USERS IN A U.S.GOVERNMENT AGENCY: The Materials are provided as Commercial Computer Software or restricted computer software. Use, duplication, or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in 48.C.F.R. Section 12.212 or 48 C.F.R 227.2702, as applicable, or to successor provisions. The manufacturer is Optimal Satcom, Inc, 600 Herndon Parkway, Suite 100, Herndon, VA 20170, USA.
Optimal Satcom®, Complan®, CLBT®, and Enterprise Capacity Manager® are registered trademarks of Optimal Satcom, Inc. The Optimal Satcom logo, ECM, Antenna Coverage Program, ACP, Sun Outage Calculator, and SunOut are trademarks of Optimal Satcom, Inc.
COMSAT® is a trademark owned by COMSAT Corporation. Lockheed Martin® is a trademark owned by Lockheed Martin Corporation. All other trademarks and registered trademarks are the property of their respective owners.
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. LICENSOR DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. LICENSOR RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE. LICENSOR MAY MAKE ANY OTHER CHANGES TO THE WEBSITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE WEBSITE AT ANY TIME WITHOUT NOTICE.
THIS WEBSITE, THE INFORMATION AND MATERIALS ON THE WEBSITE, AND THE SOFTWARE MADE AVAILABLE ON THE WEBSITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Third Party Sites
As a convenience to you, Licensor may provide, on this Website, links to websites operated by other entities. If you use these websites, you will leave this Website. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Licensor makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Licensor or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Licensor or any of its affiliates or subsidiaries.
Information Provided By You
Licensor does not want you to, and you should not, send any confidential or proprietary information to Licensor via the Website. You agree that any information or materials that you or individuals acting on your behalf provide to Licensor will not be considered confidential or proprietary. By providing any such information or materials to Licensor, you grant to Licensor an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that Licensor is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Licensor. You further recognize that Licensor does not want you to, and you warrant that you shall not, provide any information or materials to Licensor that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
Limitations of Damages
IN NO EVENT SHALL LICENSOR OR ANY OF ITS AFFILIATES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF LICENSOR IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LICENSOR’S LIABILITY FOR DAMAGES HEREUNDER EXCEED FIFTY US DOLLARS (US $50.00).
You agree to indemnify, defend, and hold harmless Licensor from any suits, losses, claims, demands, liabilities, costs and expenses (including reasonable fees for attorneys) that Licensor may sustain or incur from Your use of the Materials, from Your breach of any of Your obligations or any restrictions set forth in this Agreement, or from Licensor’s enforcement of this Agreement against You.
Licensor reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes.
Licensor may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any features of the Website, at any time. Licensor may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability. Licensor may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials in your possession.
International Users and Choice of Law
Use of this Website is governed by the laws of the United States of America. Licensor makes no representation that materials at this site are appropriate or available for use at any specific location, and access to them from territories where its contents are illegal is prohibited. You may not use the Website or export the Materials in violation of U.S. export laws and regulations. If you access this Website from a location outside of the United States, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the Commonwealth of Virginia, without giving effect to its conflict of laws provisions.
This Agreement constitutes the entire agreement between Licensor and You with respect to Your use of the Website. Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.