Scope

Below is the software license agreement which is presented to end-users upon installation of the 100Dimension software from MSS.

SOFTWARE LICENSE AGREEMENT FOR 100DIMENSION

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE MSS SOFTWARE. BY USING THE MSS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, CLICK "DISAGREE/DECLINE" DURING THE INSTALLATION.

IMPORTANT NOTE

This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.

1. General

The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "MSS Software") are licensed, not sold, to you by Mobile Satellite Services Corporation ("MSS") for use only under the terms of this License, and MSS reserves all rights not expressly granted to you. The rights granted herein are limited to MSS's and its licensors' intellectual property rights in the MSS Software and do not include any other patents or intellectual property rights. You own the media on which the MSS Software is recorded but MSS and/or MSS's licensor(s) retain ownership of the MSS Software itself. The rights granted under the terms of this License include any software upgrades that replace and/or supplement the original MSS Software product, unless such upgrade contains a separate license.

Title and intellectual property rights in and to any content displayed by or accessed through the MSS Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content.

2. Permitted License Uses and Restrictions

This License allows you to install and use multiple copies of the MSS Software on multiple computers at any given time. You may make the MSS Software available over a network where it could be used by multiple computers at the same time. You may make copies of the MSS Software in machine-readable form for backup purposes provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the MSS Software or any part thereof. THE MSS SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE MSS SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

3. Transfer

This license is non-exclusive and transferable provided that: (a) the transfer must include all of the MSS Software, including all its component parts, original media, printed materials and this License; and (b) the party receiving the MSS Software reads and agrees to accept the terms and conditions of this License.

NFR (Not for Resale) The MSS Software is free. It cannot be offered for resale.

4. Consent to Use of Data

You agree that MSS and its subsidiaries may collect and use technical and related information, including but not limited to connection speed, quality of service, available disk drive space, and installation anomalies, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the MSS Software. MSS may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. Please consult the 100Dimension Privacy Policy for more details.

5. Termination

This License is effective until terminated. Your rights under this License will terminate automatically without notice from MSS if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the MSS Software and destroy all copies, full or partial, of the MSS Software.

6. N/A

7. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE MSS SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MSS SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MSS AND MSS'S LICENSORS (COLLECTIVELY REFERRED TO AS "MSS" FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MSS SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MSS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE MSS SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE MSS SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MSS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE MSS SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT DEFECTS IN THE MSS SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MSS OR AN MSS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE MSS SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. The 100Dimension software automatically produces reference to sites and information located worldwide throughout the Internet. Because MSS has no control over such sites and information, MSS makes no guarantees as to such sites and information, including: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether such site includes unintended or objectionable content, or (iii) whether such sites consists of material that is adult-oriented or otherwise objectionable to some people or viewers under the age of 18. By using the 100Dimension software, you acknowledge that MSS makes no representations or warranties with regard to the appropriateness of the content viewed through the 100Dimension software, whether on a pre-installed channel button or as a result of your search. MSS does not guarantee the sequence, accuracy, completeness or timeliness of the content played through the 100Dimension software. MSS, its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for the content you receive using the 100Dimension software or for any inaccuracies, errors in or omissions from the content.

8. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL MSS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE MSS SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall MSS's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

9. Export Control

You may not use or otherwise export or reexport the MSS Software except as authorized by United States law and the laws of the jurisdiction in which the MSS Software was obtained. In particular, but without limitation, the MSS Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the MSS Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

10. Government End Users

The MSS Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

11. Controlling Law and Severability

This License will be governed by and construed in accordance with the laws of the State of Maryland, as applied to agreements entered into and to be performed entirely within Maryland between Maryland residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

12. Complete Agreement; Governing Language

This License constitutes the entire agreement between the parties with respect to the use of the MSS Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by MSS. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.

Contact Us

If you have any questions or suggestions regarding our privacy policy, please contact us at

Last revised 30 September 2006.