SUPERPAGESSM MOBILE Terms and Conditions of Use (these "Terms")
BY DOWNLOADING, INSTALLING AND/OR USING SUPERPAGESSM MOBILE APPLICATION ("APPLICATION"):
(1) YOU ACCEPT IT "AS IS" AND WITHOUT WARRANTY, WHETHER STATUTORY, EXPRESS OR IMPLIED;
(2) YOU WAIVE ALL WARRANTIES AND CLAIMS OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE APPLICATION, WHETHER ARISING BY STATUTE, UNDER CONTRACT OR IN TORT;
(3) YOU ACKNOWLEDGE THAT YOUR USE OF THE APPLICATION IS AT YOUR OWN RISK; AND
(4) YOU AGREE THAT YOUR USE OF THE APPLICATION IS GOVERNED BY THE FOLLOWING TERMS, AND THE ADDITIONAL TERMS AND CONDITIONS SET FORTH IN SUPERMEDIA LLC'S WEB SITE USE AGREEMENT, ACCESSIBLE AT HTTP://WWW.SUPERPAGES.COM/
ABOUT/COPYRIGHT.HTML, WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MUST IMMEDIATELY STOP USING THE APPLICATION. IF YOU CONTINUE TO USE THE APPLICATION, YOU WILL BE BOUND BY THESE TERMS.
Limited License. SuperMedia LLC ("SuperMedia") hereby grants to you a non-exclusive, limited, restricted license ("License") to install the object code version of the Application
on one wireless telephone of the make and model for which the Application was designed, and to use the Application for your personal,
non-commercial use for a period of one (1) year from the date upon which you first download the Application ("Term").
You have no right to use the Application after the expiration of the Term or the earlier termination of this agreement.
The Application is the property of SuperMedia and/or its licensors, and all rights not expressly granted herein are expressly reserved.
The term "Application" includes the SuperpagesSM Mobile Application together with any third party software which may be embedded therein and such updates or upgrades as SuperMedia may provide to you from time to time,
as well as any and all advertising, content, data and/or information ("Information") you access or receive through the Application.
Ownership. SuperMedia and its licensors retain all right, title and interest in and to the Application and all copies of the Application, including all intellectual property rights in the Application itself
and in the Information accessible through the use of the Application.
Restrictions. You covenant and agree you will not: (i) reproduce, modify, distribute, decompile or reverse-engineer the Application or to otherwise make any derivate works which use or are reliant upon the Application,
(ii) remove, obscure or deface any copyright or other proprietary notice from the Application,
(iii) sublicense or transfer the Application to any third party;
(iv) use spiders, bots, data miners or other similar tools, programs or applications of any kind to gather, extract, copy, store or redistribute any Information accessible through the Application, or
(v) use the Application in any manner which might adversely affect SuperMedia's Superpages service, or otherwise interfere with any other party's use of such services.
Termination. SuperMedia may terminate this License at any time without notice, and without any resulting liability.
If not sooner terminated, your right and license to use the Application will automatically terminate, immediately and without notice, upon your violation of any of the restrictions specified herein or your breach of any of your obligations under these Terms.
Costs and Limitations. Your wireless carrier may charge you for the services that it provides to you in connection with your use of the Application, separate and apart from any subscription fees or charges which you may agree to pay SuperMedia in connection with your use of the Application.
You may not be able to use the Application in geographic areas not served by your wireless carrier, or if there are fluctuations or interruptions in the availability of your wireless services, or of the Internet in general.
Support; Modifications. SuperMedia has no obligation to support or maintain the Application, and reserves the right to cease supporting it and/or any related services, in whole or in part, at any time without notice.
SuperMedia further reserves the right to release other applications and new versions of the Application from time to time, and in such event, you will not have any right to use such other applications or new versions unless you first obtain a license from SuperMedia authorizing you to do so.
DISCLAIMER OF WARRANTY. THE APPLICATION IS LICENSED TO YOU "AS IS" AND "WITH ALL FAULTS". SUPERMEDIA AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES REGARDING THE APPLICATION, AS WELL AS ANY INFORMATION YOU MAY RECEIVE THROUGH YOUR USE OF THE APPLICATION, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES REGARDING THE SAFETY AND SUITABILITY OF THE APPLICATION, AND THE ACCESSIBILITY OF INFORMATION THROUGH THE USE THEREOF.
SUPERMEDIA DOES NOT WARRANT THAT THE APPLICATION WILL BE USEFUL, FUNCTIONAL, UNINTERRUPTED OR ERROR-FREE, OR THAT THE INFORMATION YOU MAY ACCESS IN YOUR USE OF THE APPLICATION WILL BE TIMELY, ACCURATE, COMPLETE, RELIABLE OR SECURE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU, DEPENDING ON WHERE YOU LIVE.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (I) IN NO EVENT WILL SUPERMEDIA OR ITS LICENSORS ("SUPERMEDIA PARTIES") BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE APPLICATION OR ANY INFORMATION (INCLUDING BUT NOT LIMITED TO LOST DATA OR LOST PROFITS),
EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, AND (II) IN NO EVENT WILL THE SUPERMEDIA PARTIES' AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, WHETHER ARISING UNDER STATUTE, IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED TEN DOLLARS ($10.00),
OR THE AMOUNT SUPERMEDIA CHARGES YOU FOR THE USE OF THE APPLICATION DURING THE BILLING PERIOD AT ISSUE, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY OR MAY BE LIMITED, DEPENDING ON WHERE YOU LIVE.
WAIVER AND RELEASE OF CLAIMS. BY USING THE APPLICATION, YOU SHALL AND DO THEREBY AGREE TO WAIVE AND RELEASE SUPERMEDIA FROM ANY AND ALL OBLIGATION(S) IT MAY OWE TO YOU UNDER THE TERMS AND CONDITIONS OF ANY AGREEMENT WHICH MAY EXIST BETWEEN SUPERMEDIA AND YOUR WIRELESS CARRIER,
RELATING TO THE LICENSING OF THE APPLICATION, REGARDLESS OF WHETHER SUCH OBLIGATIONS ARE KNOWN OR UNKNOWN TO YOU, AND WHETHER SUCH OBLIGATIONS ARE NOW EXISTING OR HEREAFTER ARISE.
Wireless data transmissions are inherently insecure, however, so keep in mind that any Information you provide in connection with your use of the Application could be intercepted by third parties without your knowledge or permission.
Conflict. If there's a conflict between any of the terms and conditions set forth herein and any similar terms and conditions set forth in SuperMedia's Web Site Use Agreement, then the provision that is most favorable to SuperMedia will govern and prevail.
Export. The Application is subject to the export control laws and regulations of the United States and other jurisdictions. You agree to comply with all such laws and regulations.
Government. If you are or are acting on behalf of an agency or instrumentality of the United States Government, the Application is "commercial computer software" developed exclusively at private expense. Pursuant to FAR 12.212 or DFARS 227 7202 and their successors, as applicable, use, reproduction and disclosure of the Application is governed by these Terms.
Miscellaneous. This Agreement is governed by the laws of the State of Texas, without regard to its conflict of law principles. YOU AND SUPERMEDIA CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN DALLAS COUNTY, TEXAS, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE APPLICATION. The United Nations Convention on Contracts for the Sale of International Goods does not apply to this Agreement. If any provision hereof is held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected thereby. This Agreement constitutes the entire agreement between you and SuperMedia regarding its subject matter and supersedes any prior agreement, whether written or oral, relating to the subject matter of this Agreement. No modification or alteration of this Agreement will be valid except in writing signed by you and SuperMedia.