Makani Mobile Web Platform

Terms and Conditions

Thank you for trying out Makani Mobile Web Internet Platform! By using this software, including any third party software made available in conjunction with this software ("Makani Mobile Web Platform"), you agree to be bound by the following terms and conditions (the "Terms and Conditions").

Non-commercial Use Only

Makani Mobile Web Internet Platform is made available to you for your non-commercial use only. If you want to make commercial use of Makani Mobile Web, including but not limited to selling or distributing Makani Mobile Web Platform for payment, you must enter into an agreement with Makani or obtain Makani's written permission in advance.

Prohibited Actions

You may not distribute, modify, copy, license, or create derivative works from Makani Mobile Web Platform or any services or software associated with or derived from it, unless you obtain Makani's written permission in advance. If you wish to do any of the above, please contact us by e-mailing legal@makaninetworks.com.

Privacy Policy

As a condition to using Makani Mobile Web Internet Platform, you agree to the terms of the Makani Privacy Policy and the Makani Mobile Web Internet Platform Privacy Policy as they may be updated from time to time.

Intellectual Property

You acknowledge that Makani or third parties own all right, title and interest in and to Makani Mobile Web Internet Platform, portions thereof, or software provided through or in conjunction with Makani Mobile Web Platform, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from Makani Mobile Web Platform, or to extract significant portions of Makani Mobile Web files for use in other applications. You also agree to not remove, obscure, or alter Makani's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Makani Mobile Web.

Feedback

If you have comments on Makani Mobile Web Internet Platform or ideas on how to improve it, please email support@makaninetworks.com. Please note that by doing so, you also grant Makani and third parties permission to use and incorporate your ideas or comments into Makani Mobile Web Platform (or third party software) without further compensation.

Changes to Terms and Conditions

Makani reserves the right to modify these Terms and Conditions from time to time in its sole discretion, without notice or liability to you. You agree to be bound by these Terms and Conditions, as modified. Please review the most current version of the Terms and Conditions from time to time (or such successor URL as Makani may provide), so that you will be apprised of any changes.

Disclaimer of Warranties

Makani and any third party who makes its software available in conjunction with or through Makani Mobile Web Internet Platform disclaim any responsibility for any harm resulting from your use of Makani Mobile Web Platform and/or any third party software accessed in conjunction with or through Makani Mobile Web Platform. MAKANI WEB Platform AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH MAKANI WEB Platform ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. MAKANI AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MAKANI AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH MAKANI WEB Platform DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF MAKANI WEB Platform AND SUCH THIRD PARTY SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE MAKANI WEB Platform AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH MAKANI WEB Platform AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER or MOBILE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF MAKANI WEB Platform AND SUCH THIRD PARTY SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL MAKANI OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH MAKANI WEB Platform BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF MAKANI WEB Platform OR SUCH THIRD PARTY SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF MAKANI AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON MAKANI WEB Platform AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH MAKANI WEB Platform, FROM INABILITY TO USE MAKANI WEB Platform AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH MAKANI WEB Platform, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF MAKANI WEB Platform AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH MAKANI WEB Platform (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Miscellaneous Provisions

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Makani and/or a third party who makes its software available in conjunction with or through Makani Mobile Web Platform .

Termination

If you wish to terminate this agreement, you may simply cease using Makani Mobile Web Platform and follow the uninstall instructions. Makani reserves the right to terminate this agreement and your use of Makani Mobile Web Platform at any time.