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Enterprise Mobile Broadband Plus - Terms of Use

20.82In this Enterprise Mobile Broadband Plus Terms of Use section, the following words have the following special meanings:

Client Software

1. in relation to eligible Desktops means iPass Open Mobile™ Platform and iPass Open Mobile™ Client, which is the iPass software supplied to you by Telstra in connection with the Telstra Enterprise Mobile Broadband Plus service consisting of the executable version(s) of the iPass-proprietary client software code, including any Updates to it and associated end user documentation that Telstra provides to you in connection with the Service. On and from 1 November 2011 iPassConnect™ will no longer be available for new connections;

2. in relation to eligible Smart Devices means iPass Open Mobile™ Client for iOS or iPass Open Mobile™ Client for the Android platform, which is the iPass software used in connection with the Telstra Enterprise Mobile Broadband Plus service consisting of the executable version(s) of the iPass-proprietary client software code, including any Updates to it and associated end user documentation.

Telstra or iPass may provide you Updates that replace this current version.

POPs means local Internet points of presence to which a User accesses the Service via the Client Software.

Server Software means the iPass software supplied to you by Telstra in connection with the Telstra Enterprise Mobile Broadband Plus service consisting of the machine-executable version of the server software code, including any Updates to it and associated end user documentation that Telstra provides to you to enable you, or an entity authenticating your usage, to permit users to use the Service. The Server Software currently consists of RoamServer™ and NetServer™ (if you elect a service which requires NetServer), but Telstra may provide you Updates that replace this current version.

Service means, for the purpose of these Terms of Use, iPass' proprietary remote Internet access service that permits users to connect to and use the Internet via POPs which is supplied to you by Telstra as part of the Telstra Enterprise Mobile Broadband Plus service.

Software means the Client Software and Server Software.

Update means an updated, revised, or enhanced version of the Software that Telstra or iPass may make available to you from time to time.

General

20.83For some components of the Telstra Enterprise Mobile Broadband Plus service, Telstra will supply you with software and services that is acquires from iPass Inc under a reseller relationship. You agree to be bound by these Enterprise Mobile Broadband Plus Terms of Use in relation to the software and services that Telstra acquires from iPass and provides to you.

20.84In the event of a direct conflict between these Terms of Use and the other terms of your agreement with us, the terms of your agreement with us, take precedence to the extent of any inconsistency.

20.85You acknowledge and agree that you are responsible for End Users use of the Service and any breach of these Terms of Use by an End User using the Service through you is a breach by you.

Software Licence

20.86Subject to the terms and conditions of these Terms of Use, Telstra grants you a worldwide, non-exclusive, non-transferable licence to reproduce (on all eligible Smart Devices and computers from which you use the Service and for backup and archival purposes) and execute the Client Software solely to enable your use of the Service. Each End User may use the Client Software on more than one of their own EMB+ Capable Devices or eligible Smart Devices.

20.87If you also acquire the Server Software, subject to the terms and conditions of Terms of Use, Telstra hereby grants you a worldwide, non-exclusive, non-transferable licence to install and execute the Server Software on servers at your location solely in order to provide the Service to your users.

Software Restrictions

20.88Except as permitted by law which cannot be excluded, you agree not to cause or permit the reverse engineering, translation, disassembly, or decompilation of the Software and you further agree not to attempt to derive the source code of the Software, whether in whole or in part.

20.89Where a law gives you the right to do so to obtain information necessary to enable the Software to interoperate with other software, you must first notify Telstra of your desire to reverse engineer the Software, and Telstra may, in its discretion, either provide such information to you, or impose reasonable terms and conditions on such use of the Software to ensure that Telstra and their suppliers proprietary rights are protected.

Software Ownership

20.90You acknowledge and agree that the Software is licensed and not sold. As between the parties, Telstra or its relevant suppliers will retain all title, copyright and other proprietary rights in and to the Service, the Software, and any other technology, services, or materials that Telstra may provide to you under our agreement with you. For the avoidance of doubt, you acknowledge that no right to or licence in the source code for the Software is granted to you under these Terms of Use. You will not obfuscate, alter, or remove any copyright, trademark, or other proprietary notice or legend on or in the Software or any iPass Ince web content and will include all such markings in all copies of such materials. You acknowledge and agree that Telstra may disclose your usage data to its suppliers and other third parties for the purpose of providing the Service and Software to you.

Service Use Restrictions

20.91You will not use the Service to take any actions that:

(a)infringe on any third party's copyright, patent, trademark, trade secret, privacy or other proprietary rights;

(b)violate any applicable law, statute, ordinance or regulation (including without limitation those regarding export control);

(c)are defamatory, threatening, harassing, or obscene; or

(d)interfere with or disrupt our (or our suppliers) network, other users, services or equipment. Disruptions include distribution of unsolicited bulk emails or chain letters; causing an excessive or disproportionate load on Telstra's (or its suppliers') infrastructure; distribution of viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; and the unauthorised entry to any machine accessible via the network.