Fon Application Software License Agreement
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The following text is in English:
Your use of the Mobile Application
Welcome to the Fon Application Software (“the Software”) License Agreement, (“the Agreement”). This Agreement is between you (or any authorize user of the Software) and Fon, including its affiliates.
Fon allows its Partners’ (its actual or future “Fon Partner” as published in Fon’s website) customer to get access through this Software. Nothing in this Agreement modifies any of your conditions with your Internet Service Provider (“ISP”) or Fon Partner. Nevertheless, Fon and Fon Partner’s Terms of service should remain in force between you and Fon, or between you and the Fon Partner.
Fon allow you the right to download install and use the Software on your mobile handset or device to access the Fon service or Fon Partner’s service powered by Fon, in accordance with these terms and conditions.
In order to download and install the Software you must agree to the terms of this Agreement Furthermore, you are also bound by the Apps Store Terms of Service from where you have downloaded the Fon Application.
This Agreement is a legally binding contract that should be read in its entirety. If you disagree with any of the terms below, Fon doesn’t grant you a license to use the Software and you may not download it and should cancel or exit any installation you may have started.
This Agreement applies only for the Software License. Nothing in this Agreement implies any modification of the Terms of Service of Fon or the Terms of Service of the Fon Partner, as published in Fon or Fon Partner’s website. Declining this Agreement shall not impact on your ability to use other Fon or Fon Partner’s Services.
You agree that by installing the Software, you acknowledge you are at least 18 years old, have read this Agreement, understand it, and agree to be bound its terms.
Fon may change this Agreement at any time by posting a new version. Use of the Software after any such change constitutes your acceptance of such changes.
Fon shall use your current location through your mobile device only in order to show you the available hotspots near your location. Fon is not responsible for any Expenses relating to the connection to a Fon or Fon Partners powered by Fon WiFi Signal.
Wi-Fi hotspots are not owned or operated by Fon. Fon is not able to estimate upload or download speeds at these locations
Use and Restrictions
Software, documentation, and local electronic files installed or utilized by the installer application are owned by Fon, and are licensed to you by Fon on a worldwide (except as limited below), non- exclusive, non-sublicenseable basis on the terms set out in this Agreement. This Agreement defines legal use of the Software, all updates, revisions, substitutions, and any copies of the Software made by or for you.
All rights not expressly granted to you are reserved by Fon or their respective owners.
a. YOU MAY (i) install and personally use the Software and any updates provided by Fon (in its sole discretion) in object code form on a device owned or controlled by you and may use the Software for your own noncommercial use or benefit. Your license to use the Software under this Agreement continues until it is terminated by either party. You may terminate the Agreement by discontinuing use of any or all of the Software and by destroying all your copies of the Software. This Agreement terminates automatically if you violate any term of this Agreement, Fon publicly posts a written notice of termination on Fon’s web site, or Fon sends a written notice of termination to you.
b. YOU MAY NOT:
(i) decompile, reverse engineer, disassemble, modify, rent, lease, loan or distribute the Software (in whole or in part) or create derivative works or improvements of the Software or any portion thereof.
(ii) incorporate the Software into any component of or the firmware of any device manufactured by or for you.
(iii) use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the terms of this Agreement.
(iv) use the Software to operate nuclear facilities, life support, or other mission critical applications where human life or property may be at stake. You understand that the Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Fon is not responsible.
(v) use or export the Software in violation of applicable UK, or other relevant laws or regulations.
(vi) sell, lease, loan, distribute, transfer, or sub-license the Software or access thereto or derive income from the use or provision of the Software, whether for direct commercial or monetary gain or otherwise, without Fon’s prior, express, written permission. The foregoing is subject to applicable statute and other express law.
Ownership of the Software
Where the Software is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.K. and other countries, you agree to abide by all such applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this Agreement. Fon owns all rights, title, and interest in and to their applicable contributions to the Software. This Agreement grants you no right, title, or interest in any intellectual property owned or licensed by Fon, including (but not limited to) the Software or any Fon trademarks, and creates no relationship between you and Fon other than that of licensor to licensee.
Services and Third Party Materials
The Software may enable access to party services and web sites (collectively and individually, “Services”).
You understand that by using any of the Services that you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Fon shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that Fon is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Fon does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Fon is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from Software are not available in all languages or in all countries. Fon makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Fon, and its licensors or Partners, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Fon be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
You agree that you will use the Software, and any data accessed through the Software, for your own personal non-commercial use only. You agree not to assign, copy, transfer, or transmit the Software, or any data obtained through the Software, to any third party. Your license to use the Software, its components, and any third-party data, will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Software, its components, and any third-party data. All rights in any third-party data, any third-party software, and any third-party data servers, including all ownership rights are reserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this Agreement against you directly in their own name.
This clause will survive at any termination of this Agreement.
Support, Software Updates & Availability
While Fon have tried to get a broad coverage of mobile devices, Fon Software will not work on all mobile handsets. Download and operation success may depend on handset settings.
Fon may elect to provide you with customer support and/or software upgrades, enhancements, or modifications for the Software (collectively, “Support”), in its sole discretion, and may terminate such Support at any time without notice to you. Fon may change, suspend, or discontinue any aspect of the Software at any time, including the availability of any Software feature, database, or content. Fon may also impose limits on certain features and services or restrict your access to parts or all of the Software or the Fon Applications web site without notice or liability.
Additionally, for certain versions of the Software, in order to enhance the security of the Software or to fix bugs, from time to time, Fon may automatically download and install updates to the Software with or without prior notification.
From time to time Fon may automatically download the latest version of the Software and notify you when it’s ready to install. Downloads of the Software may be limited by your ISP or network. If you wish to update your Software, you must agree to the terms of the then current Agreement, in order for the update to be installed on your device. Fon is solely responsible for the maintenance and support of this application.
Fon is able to suspend access to service through the Software. Fon can do this for any reason, but will usually only do so when carrying out maintenance on the Software or the systems supporting it.
Data Charges and access
You recognize that the search engine to find a hotspot require the access data. Unless otherwise set forth, Fon doesn’t charge for the service but your operator may apply any rate.
Data access charges may be charged to you by your network provider depending on your individual tariff. You are responsible for any such costs. Note that if you intend to use the Software on an overseas network, the cost of data usage may be considerably higher than when at home
Fon is unable to provide any warranties as to the levels of connectivity you will receive via your mobile handset. This may depend upon your tariff, your Agreement with a Fon Partner or your network provider, your handset and your location related to a Hotspot. Connectivity fail to access may depend on your contract with a Fon Partner providing you a limited access to the Network.
Fon will not accept any responsibility for any connectivity issues you may experience.
This clause will survive at any termination of this Agreement.
Disclaimer of Warranties:
Use of the Software is at your sole risk and is provided on an “as is” basis.
Fon, its officers, directors, employees, contractors, agents, affiliates, and assigns (collectively, “Fon Entities”), expressly disclaim all warranties of any kind, whether express or implied, relating to the Software and any data accessed there from, or the accuracy, timeliness, completeness, or adequacy of the Software and any data accessed by using it, including the implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement.
If the Software or any data accessed by using it proves defective, you (and not the Fon Entities) assume the entire cost of all repairs or injury of any kind, even if the Fon Entities have been advised of the possibility of such a defect or damages.
Limitation of liability
Notwithstanding any other provision, nothing in this Agreement shall exclude or limit either party’s liability for the tort of deceit, fraudulent misrepresentation, death or personal injury caused by negligence.
Fon will not be liable to you for claims and liabilities of any kind arising out of or in any way related to the use of the Software by yourself or by third parties.
Fon is not liable to you for any and all direct, incidental, special, indirect, or consequential damages arising out your use or inability to use or access the Software, or any data provided through the Software, whether such damage claims are brought under any theory of law or equity. Damages excluded by this clause include, including but not limited to, your personal computer equipment or software, losses or injury to your business or data, or damages, including lost income or business opportunity relating to or caused, directly or indirectly by, service failures, equipment or underlying line failures, by any failures
Information provided through the Software may be delayed, inaccurate, or contain errors or omissions, and Fon will have no liability with respect thereto. Fon may change or discontinue any aspect or feature of the Software or the use of all or any features or technology in the Software at any time without prior notice to you.
No General Waiver; Severability.
If any provision in this Agreement shall be held to be illegal, invalid or unenforceable, in whole or in part, under any enactment or rule of law or otherwise, such provision (or part) shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforceability of the remainder of this Agreement shall not be affected.
This Agreement constitutes the entire agreement and understanding between the parties in respect of the Software and supersedes all previous agreements, understandings and undertakings, in such respect. This Agreement and the relationship between you and Fon are governed by the laws of England and Wales without regard to its conflict of law provisions. You and Fon agree to submit to the personal and exclusive jurisdiction of the courts located within England and Wales.