Motorola Ojo User Manual page 14

The Software is protected by patents, copyright and other intellectual property
laws and international treaty provisions. You are hereby granted a personal,
nontransferable, nonexclusive, revocable license to use the Software (without
making any modification thereto or copies thereof,) solely as reasonably
required for your legal and proper use of the video phone, and on the terms
and conditions hereinafter set forth. Except for this specific license, no interest,
right or license, express or implied, is granted in or to the Software, and all
such other interests, rights and licenses are hereby reserved by WorldGate
Services, Inc. and its licensors.
The Ojo video phone has been designed for use with a video phone service
such as the Ojo video phone service, provided by Ojo Services, Inc. ("Ojo
Services"). If you decide to use the Ojo video phone with any service or
application not provided by Ojo Services, you warrant and represent that you
possess all required rights, including required licenses, to use the Ojo video
phone with the non-Ojo service or application, and that the service or
application is compatible with the Ojo video phone. You may not: (1) change
the electronic serial number or any equipment identifier associated with the
Ojo video phone; (2) loan, distribute, rent, lease, give, sublicense or otherwise
transfer the Software, in whole or in part, to any other person, separate from
the Product, and then only to a person who agrees to be bound by the terms
and conditions of this License Agreement; (3) copy or translate the User Guide
included with the Product, other than for personal use; (4) copy, alter,
translate, disassemble, reverse-engineer, alter, modify or tamper with the
Software, including but not limited to, modifying the Software to make it
operate on non-compatible hardware, and (5) disassemble, reverse-engineer,
alter, modify or tamper with the Ojo video phone or any security controls
contained therein, without express written permission from Ojo Services in
each instance; (6) remove, alter or cause not to be displayed, any copyright
notices or startup message contained in the Software programs or
documentation; and(7) export the Software or the Product components in
violation of any United States export laws.
The Product is not designed or intended for use in on-line control of aircraft, air
traffic, aircraft navigation or aircraft communications; or in design,
construction, operation or maintenance of any nuclear facility. WORLDGATE
AND ITS 3RD PARTY LICENSORS DISCLAIM ANY EXPRESS OR IMPLIED
WARRANTY OF FITNESS FOR SUCH USES. YOU REPRESENT AND WARRANT
THAT YOU SHALL NOT USE THE PRODUCT FOR SUCH PURPOSES.
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License Agreement License Agreement
You acknowledge and understand that the Ojo video phone may not function in
the event of power failure or a failure of your communication network. A power
or network failure may also require a reset or reconfiguration of the Ojo video
phone.
YOU ACKNOWLEDGE AND UNDERSTAND THAT THE OJO VIDEO PHONE MAY
PERMIT PARTIES TO A CALL, TO CAPTURE AND STORE INFORMATION
RELATED TO A CALL SUCH AS THE APPLICABLE CALLED OR CALLING PARTY
IDENTIFICATION INFORMATION AND OTHER CALL RELATED DATA FOR THE
CALL. SOME OF THIS DATA MAY BE STORED AND USED, FOR EXAMPLE, AS
PART OF AN ADDRESS BOOK, VOICE AND VIDEO MESSAGING APPLICATIONS
AND OTHER USES DISCUSSED IN THE USER GUIDE FOR THE OJO VIDEO
PHONE. IF YOU DO NOT WISH YOUR IMAGE AND/OR VOICE TO BE
CAPTURED YOU CAN USE THE VIDEO AND AUDIO MUTE FEATURES
CONTAINED WITHIN THE OJO VIDEO PHONE. PLEASE REFER TO THE OJO
PRIVACY POLICY CONTAINED ON THE WWW.OJOPVP.COM WEBSITE FOR
FURTHER INFORMATION.
Your Ojo video phone is connected to and uses public communication networks
in order to transmit communications. You acknowledge and agree that these
networks may be subject to security breaches which are outside of any
reasonable control by Ojo or anyone else. For example, you may receive calls
from third parties who have received your number from unauthorized sources
or who call you by accident or through methods such as random telephone
numbers generation. Some of these incoming calls may be undesired and/or
may contain content which may be objectionable or improper. Although we
endeavor to prohibit the improper use of the Ojo video phone through our
licenses and other agreements with our users, current communication network
technology cannot necessarily predict or prevent such calls or otherwise
prevent security breaches.
In order for you to be provided with the most current features and software
available for your Ojo video phone, your Ojo video phone has been configured
to permit automatic downloads of the latest software. Any obligation to provide
such downloads, is however, expressly disclaimed and to the extent any
downloads are performed they will be performed solely at the discretion of Ojo
Services. If Ojo elects to provide such downloads, we will endeavor to conduct
the downloads during non-peak hours and otherwise in a manner to minimize
any disruption of your use of the Ojo video phone, however, no assurance can
be made that such downloads will not result in an interruption of your
communication network and you ability to make and/or receive calls as
discussed above.
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