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Terms and Conditions of Use

By using the Site or downloading materials from the Site, 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 access the Site or use or download any information or materials from the Site.

Limited License

Subject to the terms and conditions set forth in this Agreement, Pantech grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon for your personal use. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.

This Site, including all Materials contained herein, is copyrighted and protected by worldwide copyright laws and treaty provisions, and is the property of Pantech. You agree to comply with all copyright laws worldwide in your use of this Site. All materials on this Site are provided for lawful purposes only. None of the information on this Site may be copied, distributed, or transmitted for commercial use. Except as expressly provided herein, Pantech does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

This Limited License 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 Site as it may be updated from time to time. You agree not to "frame" or "mirror" any materials contained on this Site on any other server or internet based device without the advanced written permission of Pantech.

Disclaimer

THE MATERIALS ON THIS SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. PANTECH RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE.

THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" AND PANTECH EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. PANTECH MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. YOU AGREE THAT PANTECH 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.

INFORMATION PROVIDED HEREIN DOES NOT MEET DISCLOSURE REQUIREMENTS OF REGULATORY BODIES AS MAY BE REQUIRED IN DIFFERENT COUNTRIES, INCLUDING BUT NOT LIMITED TO, THE U.S. SECURITIES EXCHANGE COMMISSION. YOU AGREE NOT TO MAKE ANY INVESTMENT DECISIONS BASED UPON SERVICES AND MATERIALS PROVIDED HEREIN.

Limitations of Damages

IN NO EVENT SHALL PANTECH 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), WHETHER IN TORT OR IN CONTRACT, 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 PANTECH IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Third Party Sites

As a convenience to you, Pantech may provide on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. 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. Pantech makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Pantech 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 Pantech or any of its affiliates or subsidiaries.

Information Provided By You

Pantech does not want you to, and you should not, send any confidential or proprietary information to Pantech via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to Pantech will not be considered confidential or proprietary. By providing any such information or materials to Pantech, you grant to Pantech 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 Pantech is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Pantech. You further recognize that Pantech does not want you to, and you warrant that you shall not, provide any information or materials to Pantech that are defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporate the proprietary material of another.

Changes

Pantech 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.

Pantech may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Pantech may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

Violation of Terms of This Site

This limited license terminates automatically, without notice to you, if you breach any of the terms of this license. Upon termination you agree to immediately destroy any materials printed or downloaded from this Site. The failure of Pantech Wireless, Inc. to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Pantech in writing.

International Users and Choice of Law

This Site is controlled, operated and administered by Pantech from its offices within the United States of America. Pantech makes no representation that materials at this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U. S. export laws and regulations. If you access this Site 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 State of California, without giving effect to its conflict of laws provisions. You agree to the jurisdiction of the courts located in Orange County, California for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.

This Agreement constitutes the entire agreement between Pantech and you with respect to your use of the Site and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site. Any cause of action you may have with respect to your use of the Site 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.

COPYRIGHT NOTICE
Copyright © 2005 Pantech Wireless, Inc., 5607 Glenridge Drive, Atlanta, GA 30342, U.S.A. All rights reserved.