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These Terms of Use govern your access to and use of Ubicom, Inc.'s development Forum, WIKI and related FAQ (the "'''Forum'''") and any information, text, graphics, or other materials appearing on the Forum and WIKI (the "Content"). This is a binding legal agreement between you and Ubicom, Inc. Your access to and use of the Forum and Content are expressly conditioned on your compliance with these Terms of Use. By clicking the "I Accept" button you agree to be bound by these Terms of Use. '''Guard Your Password and Information'''<br>You are responsible for safeguarding the password that you use to access any secure areas of the Forum. You agree not to disclose your password to any third party. You are to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Ubicom of any unauthorized use of your password.<br>Ubicom recommends that you do not disclose personal contact information to other members. If you do, it is at your own risk.<br> '''Your Use of the Content'''<br>Ubicom authorizes you to download, view, print, copy, and modify any Content, solely for the purpose of improving your use of any Ubicom processors and software platforms, subject to the restrictions set forth in these Terms of Use. You may not distribute any Content or any modifications or derivatives thereof, in any form, unless you are permitted to do so under separate license from Ubicom (such as Ubicom's standard SLA).<br> '''Ubicom Property'''<br>All right, title, and interest in and to the Forum and Content are and will remain the exclusive property of Ubicom and its licensors. The Forum and Content are protected by copyright, trademark, and other laws, regulations, and international treaties. Except as expressly permitted in these Terms of Use, you may not reproduce, modify, prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Forum or Content. You may not copy or modify the HTML code used to generate Web pages on the Forum. You will not use the Forum or Content on or in connection with any other Website, or for any purpose other than improving your use of Ubicom's wireless network processors and software platforms.<br> '''Tone; General Prohibitions'''<br>The Forum is intended for positive, on-topic communications. You agree to take a constructive tone and practice good etiquette, and not to do any of the following, while using the Forum or Content:<br> • Post, publish or transmit any text, graphics, or material that intentionally or unintentionally: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) expresses, threatens, or promotes violence, bigotry, racism, harassment, hatred, intimidation, or harm against any individual or group; (vi) infringes another's rights, including but not limited to any intellectual property rights; (vii) violates-or encourages any conduct that would violate-any applicable treaty, law, or regulation; or (viii) gives rise to civil liability;<br> • Promote, advertise, or solicit participation in or for any non-Ubicom product, Website, or service;<br> • Impersonate or misrepresent your affiliation with any person or entity, including Ubicom or a Ubicom employee;<br> • Forge any TCP/IP packet header or any part of the header information in any email or posting or in any way use the Forum or Content to send altered, deceptive, or false source-identifying information;<br> • Send unsolicited email, junk mail, spam, or chain letters;<br> • Create "trolling" posts (trolling is deliberately posting false or provocative information in order to elicit responses from people who really want to help);<br> • Access, tamper with, or use non-public areas of the Forum, Ubicom's computer systems, or the technical delivery systems of Ubicom's providers;<br> • Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;<br> • Attempt to access or search the Forum or Content with any engine, software, tool, agent, device, or mechanism other than the software or search agents provided by Ubicom or other generally available third party Web browsers (such as Microsoft Internet Explorer or Mozilla Firefox);<br> • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Forum or Content; or<br> • Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Forum.<br> Ubicom will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Ubicom may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Ubicom has no obligation to monitor your access to or use of the Forum and Content, but has the right to do so for the purpose of operating the Forum, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.<br> '''Digital Millennium Copyright Act Compliance'''<br>Ubicom respects the intellectual property rights of others and expects users of the Forum to do the same. At Ubicom's discretion and in appropriate circumstances, Ubicom may terminate the accounts of users or prevent access to the Forum by users who infringe the intellectual property rights of others. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), Ubicom's designated agent for notice of alleged copyright infringement appearing on the Forum is:<br>Ubicom, Inc.<br>501 N Pastoria Ave<br>Sunnyvale, CA 94085<br>Phone: (408) 789-2270<br>Fax: (408) 739-2427<br>'''privacy@ubicom.com'''<br>Filing a notice of infringement with Ubicom requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office Web site,http://lcweb.loc.gov/copyright. '''Your Contributions'''<br>If you post any information, data, code, techniques, advice, suggestions, or other content (your "Contributions") on the Forum or otherwise provide any Contributions to Ubicom, you hereby grant to Ubicom a perpetual, irrevocable, world-wide, royalty free license to use, make, have made, offer for sale, sell, copy, distribute, perform, display, and transmit such Contributions, to sublicense these rights, and to grant to others the right to do any of the foregoing. '''Links'''<br>The Forum may contain links to third-party Websites or resources. You acknowledge and agree that Ubicom is not responsible or liable for the availability, accuracy, or content of such Websites or resources. Links to such Websites or resources do not imply any endorsement by Ubicom.<br> '''Termination'''<br>If you violate any of these Terms of Use, your permission to use the Forum and Content will automatically terminate. Ubicom reserves the right to revoke your access to and use of the Forum and Content, and to remove any post, at any time, with or without cause. Ubicom also reserves the right to cease providing or to change the Forum (or any portion or feature thereof) or Content at any time or frequency and without notice. Your obligations and the warranties and disclaimers, indemnities, limitations of liabilities, and licenses for the use of your Contributions set forth in these Terms of Use will survive any termination or expiration of your participation in the Forum.<br> '''Use the Forum at Your Own Risk'''<br>Your access to, use of, and reliance on the Forum and Content is at your own risk. Ubicom will have no responsibility for any (i) damage to your business, computer system, or data, (ii) impact on your or your customers' use of Ubicom processors or software, or (iii) other harm that results from your access to, use of, or reliance on the Forum or Content.<br> '''47 USC §240 Notice'''<br> Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections can be found at http://www.parentalguidance.org/.<br> '''The Forum Is Available "AS-IS"''' THE FORUM, CONTENT, AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, UBICOM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.<br>UBICOM MAKES NO WARRANTY THAT THE FORUM, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. UBICOM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, ADVICE, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE FORUM OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OR ADVICE OBTAINED THROUGH THE FORUM OR CONTENT.<br>NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM UBICOM (OUTSIDE OF A FORMAL WRITTEN AGREEMENT) OR THROUGH THE FORUM OR CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.<br> '''Indemnity'''<br>You agree to defend, indemnify, and hold harmless Ubicom, its officers, directors, employees, and agents, from and against any third party claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Forum or Content, or your violation of these Terms of Use.<br> '''Limitation of Liability'''<br>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UBICOM WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE FORUM OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT UBICOM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT UBICOM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, INFRINGING, BREACHING, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, UBICOM WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE FORUM.<br>YOU AGREE THAT THE AGGREGATE LIABILITY OF UBICOM TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE FORUM OR CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO UBICOM FOR ACCESS TO AND USE OF THE FORUM OR CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN UBICOM AND YOU.<br> '''Severability / Waiver'''<br>In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and affect. The failure of either party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.<br> '''Controlling Law and Jurisdiction'''<br> These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in San Francisco County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.<br> '''Entire Agreement'''<br>These Terms of Use are the entire and exclusive agreement between Ubicom and you regarding the Forum and Content and supersede and replace any prior agreements, written or oral, between Ubicom and you regarding the Forum and Content. In the event these Terms of Use conflict with the terms of an agreement between you and Ubicom governing subject matter other than the Forum and Content, the terms of such other agreement will take precedence. Where applicable law does not allow the exclusion of implied warranties or certain limitations of liability, some or all of the foregoing warranty exclusions and liability limitations may not apply to you.<br>If you have any questions about these Terms of Use, or would like to report any violation of these Terms of Use, please contact Ubicom at '''privacy@ubicom.com.'''<br>

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