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    Invite a user to your project

    Welcome to the My.Skyhook Customer Portal (“My.Skyhook”). Skyhook Wireless, Inc. (“Skyhook” or “us”) provides My.Skyhook to you (if you are using it or registering as an individual) or the entity you represent (if you are using it or registering as a business) (“you”) subject to the following terms and conditions (“Terms”) for your use in connection with your evaluation or distribution of Skyhook products.

    By visiting My.Skyhook, downloading products/materials or registering as a user of the My.Skyhook, you accept the Terms and represent that you have the authority to bind yourself or the company you represent to the Terms. Please read these Terms carefully. The Terms, together with any commercial distribution license agreement (“License Agreement”) and/or nondisclosure agreement executed between you and Skyhook, constitute the entire agreement between you and Skyhook related to your use of the My.Skyhook. To the extent that there is a conflict between these Terms and any Distribution Agreement or product order, the terms of the Distribution Agreement or product order will govern.

    Skyhook Products

    The following products are offered by Skyhook at this time (the “Skyhook Products”):

    PRODUCT

    DESCRIPTION

    METHOD OF DELIVERY

    Precision Location services

    Skyhook’s industry-leading software (and API) solution that utilizes GPS, Wi-Fi, cell and other location information to determine the location of a mobile device. Included in the Precision Location suite are Optimized Location, Certified Location, Offline Location and/or explicit geofencing.

    SDK/API

    Skyhook Context services

    Skyhook’s innovative new software (and API) solution that may include the location determination functions of the Precision Location product while also providing contextual location information via Infinite Contextual Geofences, Location Context and/or User Context.

    SDK/API

    Skyhook Personas / Attribution

    Skyhook device-identified location data, including personas generated through the association of a Unique Device ID with other attributes (including third party demographic information, venue/points of interest data and location-based behavioral descriptions).

    Bulk Data Exchange

    Hyperlocal IP

    Skyhook’s groundbreaking solution for determining location through reference to Internet Protocol (IP) addresses.

    Bulk Data Exchange / API

    Geospatial Insights

    Skyhook’s location data analytics product that contains facts and information about the activity and context of locations around the world at different days and times.

    Bulk Data Exchange

    Licenses

    Evaluation License

    Subject to full compliance with the Terms, Skyhook will allow you to download certain Skyhook Products for evaluation on My.Skyhook. Upon download or use, Skyhook hereby grants you a limited, personal, non-sublicenseable, non-transferable, nonexclusive, revocable license to access, incorporate and integrate the Skyhook Products into your application, software, or device SOLELY FOR PURPOSES OF CONDUCTING INTERNAL, NON-PUBLIC EVALUATIONS AND TESTING OF THE performance, commercial value and usability of the Skyhook Products. For each product that you would like to evaluate, there is an initial sixty (60) day evaluation period from the date of download (the “Evaluation Period”), which may be extended by written agreement of the parties. During the Evaluation Period, usage of the Skyhook services may have limitations on request volume, request velocity, and or data access. If you would like to increase your limits during your Evaluation Period, please e-mail support@skyhookwireless.com. If you wish to distribute or make commercially available an application, device, or product that uses or incorporates any part of the Skyhook Products, you should contact Skyhook at sales@skyhookwireless.com. Skyhook shall, in its sole discretion, approve your request based on the execution of a mutually acceptable Distribution Agreement.

    Distribution License

    In the event that any Distribution License or product order you have entered into with Skyhook incorporates these terms, Skyhook hereby grants you a limited, personal, non-sublicenseable, non-transferable, nonexclusive, revocable license to access, incorporate and use only those products identified in the relevant order.

    Use of Data

    As a condition of your access to the Skyhook Products, you agree that Skyhook has the right to collect, retain and use additional reference data that is generated during the course of your use of the Skyhook Products (including any GPS, Wi-Fi/802.11, and cellular tower information, IP address and other location-related data) (“Secondary Reference Data”), and that such Secondary Reference Data shall be owned by Skyhook. For more information on the type of data generated by the Skyhook Products, see Skyhook’s Precision Location privacy policy (available at http://www.skyhookwireless.com/privacy-policy/precision-location/) and Skyhook Context privacy policy (available at http://www.skyhookwireless.com/privacy-policy/context-privacy-policy/).

    Restrictions

    In connection with any use of the Skyhook Products, you shall not (nor authorize any third party to):

    · Expose, duplicate, modify, decompile, disassemble or otherwise attempt to copy any Skyhook software or data, including without limitation, Wi-Fi, cell tower or Internet Protocol address data;

    · ​Change, modify, adapt, translate, reverse engineer, disassemble or decompile the Skyhook Products or any Skyhook software or data, or otherwise create derivative works based on the software or data made available under these Terms;

    · Assign, rent, exchange, lend, lease or sublease any data or any copies thereof;

    · Sell or transfer or assign any Skyhook Products or software or data made available under these Terms, or any copies thereof;

    · Conduct load, performance, scalability, concurrent usage and/or any other testing of the Skyhook Products or system. Skyhook reserves the right to limit the number and/or frequency of requests in its sole discretion and, in the event that Skyhook reasonably believes that you are attempting to exceed or circumvent those limits, your use may be temporarily or permanently blocked or throttled, with or without notice, without any liability to Skyhook;

    · ​Use the Skyhook Products or any other software or data available under these Terms for competitive purposes such as evaluating performance or functionality without Skyhook’s prior written consent.

    Fees and Payment

    Unless otherwise set forth, you agrees to pay all fees in U.S. dollars within thirty (30) days of the invoice date, unless a different currency or payment period is specified in the applicable Distribution License or product order. Skyhook’s fees are exclusive of all taxes, and Customer must pay any applicable sales, use, VAT, GST, excise, withholding or similar taxes or levies, whether domestic or foreign, other than taxes based on the income of Skyhook. Customer will make tax payments to Skyhook to the extent amounts are included in Skyhook’s invoices. Payments are non-refundable and non-creditable and payment obligations non-cancellable. Late payments may be subject to a service charge equal to the lesser of 1.5% per month of the amount due or the maximum amount allowed by law.

    Term and Termination

    These Terms will continue until the end of any Evaluation License or until such time as specified in a Distribution License or product order. Skyhook reserves the right to terminate or suspend your access to the My.Skyhook at any time with or without cause if no Distribution License or product order is then in effect. Upon any expiration or termination of an Evaluation License, or the time period set forth in a Distribution License or product order Customer’s license rights shall terminate and it must immediately cease use of the applicable Skyhook Product, and delete (or, at Skyhook’s request, return) any and all copies of the Skyhook Product (or related data or software or other Confidential Information) in Customer’s possession, custody or control. Except where otherwise provided, all remedies under this Agreement, including termination or suspension, are cumulative and not exclusive of any other rights or remedies that may be available to a party. The following Sections survive any expiration or termination of this Agreement: Use of Data; Restrictions; Fees and Payment; Term and Termination; Confidentiality; Warranty Disclaimer; Limitation of Liability; Indemnification; Choice of Law; Assignment; and Changes to these Terms.

    Use of My.Skyhook and My.Skyhook Content

    In connection with your evaluation of the Skyhook Products, or with the distribution of any of the Skyhook Products pursuant to the terms of a License Agreement, Skyhook may make available in the My.Skyhook materials related to your use of the Skyhook Products, including location and user context-based analytics reports (“My.Skyhook Content”). Skyhook shall own and retain all right, title and interest in and to My.Skyhook Content. You are hereby granted a nonexclusive, limited, non-transferable, revocable license to use the My.Skyhook Content in connection with the evaluation and distribution and of Skyhook products. You may not use the My.Skyhook for any other commercial or non-commercial purposes or in any way that is unlawful or harms Skyhook, or could damage, disable, or interfere with the My.Skyhook.

    Account Registration and Settings

    In consideration of your use of the My.Skyhook, you agree to provide accurate, current, and complete information about you (or your entity) during registration and ongoing use of the My.Skyhook, and to update and keep all such information accurate, current and complete at all times. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and further agree that you are responsible for all activities that occur under your account or password, including all activities that occur under any user name you grant access to your account. You will ensure that all users granted access to your account comply with these Terms or any License Agreement you enter into with us.

    Confidentiality

    In connection with your use of the My.Skyhook and evaluation of the Skyhook Products, you acknowledge that the Skyhook Products are and contain information proprietary to Skyhook (“Confidential Information”) and agree not to disclose any such Confidential Information except to your employees, consultants and advisor’s who are legally bound to maintain the confidentiality of the Software and Data and such related information. These restrictions will not apply to any information that (a) is publicly known at the time of its disclosure; (b) is lawfully received from a third party not obligated to maintain it in confidence; (c) is published or otherwise made known to the public by Skyhook; (d) you generated independently before receiving it, as evidenced by pre-existing records; or (e) is required to be disclosed under any law, governmental rule or regulation or a valid court order. You acknowledge that any breach or violation of this provision will cause irreparable harm to Skyhook and that damages are not an adequate remedy.

    Privacy

    We respect the privacy of our customers and their end users. These Terms incorporate the terms of Skyhook’s privacy policies, available at http://www.skyhookwireless.com/privacy-policy/. You hereby represent and warrant that your use of the Skyhook Products will be at all times in compliance with applicable law, and that you will make any and all disclosures and obtain any and all consents or permissions required with respect to your data practices, including without limitation any data you collect, use, and/or disclose from users, and how such data may be shared.

    Warranty Disclaimer

    SKYHOOK PROVIDES THE MY.SKYHOOK “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SKYHOOK MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MY.SKYHOOK OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE MY.SKYHOOK AND DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE MY.SKYHOOK WILL BE UNINTERRUPTED OR ERROR-FREE.

    Limitation of Liability

    IN NO EVENT WILL SKYHOOK BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST SKYHOOK WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MY.SKYHOOK AND ANY ASSOCIATED CONTENT.

    Indemnification

    You release us and will indemnify, defend and hold Skyhook, and their respective officers, directors, employees, and agents against any claim, loss, damage, settlement, cost, expense or other liability (including, without limitation, attorneys’ fees) arising from or related to (a) your breach of any representation or warranty or other obligation contained in this Agreement; or (b) any and all third party claims relating to your activities pursuant to these Terms.

    Choice of Law; Location for Resolving Disputes

    The laws of the Commonwealth of Massachusetts govern these Terms and any dispute or claims for enforcement, breach or violation of duties or rights under these Terms, without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Boston, Massachusetts, USA in all disputes arising out of or relating to the use of the My.Skyhook or these Terms.

    Assignment

    Skyhook may assign these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms, or assign, transfer or sublicense your rights, if any, in the My.Skyhook.

    Changes to these Terms and the My.Skyhook Portal

    We may in our discretion make any change to these Terms. You are responsible for reviewing the revised Terms and/or any applicable postings. CONTINUED USE OF THE MY.SKYHOOK AFTER SUCH CHANGES OR POSTINGS WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES OR POSTINGS. We reserve the right to change the My.Skyhook or delete any features or functionality, or any aspect of the services, in any way at any time for any reason.