Motorola Good License


THE FOLLOWING TERMS GOVERN YOUR USE OF ALL SOFTWARE AND RELATED SERVICES PROVIDED BY OR FOR GOOD TECHNOLOGY, INC. ("GOOD") UNLESS SUPERSEDED BY A SEPARATE, SIGNED WRITTEN AGREEMENT WITH GOOD. BY DOWNLOADING OR USING THE SOFTWARE YOU OFFER TO AGREE TO THESE TERMS. IF YOU DISAGREE WITH THESE TERMS, YOU MUST PROMPTLY DESTROY ALL COPIES AND STOP USE. BY ALLOWING ACCESS OR USE OF THE SOFTWARE, GOOD ACCEPTS THIS OFFER. ALL SOFTWARE IS LICENSED NOT SOLD. YOU ARE CALLED "CUSTOMER" BELOW. THIS LICENSE WILL LAST FOR A SPECIFIC TIME PERIOD OR INDEFINITELY (IF ACQUIRED ON A FULLY PAID UP BASIS AS DESCRIBED BELOW).

Grant. Subject to these terms and conditions and payment of the applicable fees, Good grants to Customer a nonexclusive and nontransferable license to use the Software referred to in Good’s approved order documentation, (either printed or electronic, the "Order Form"), including related end user documentation, in object code form only. Title to the Software will remain solely with Good or its suppliers. The license is subject to the following limitations:
(i) Customer will use the server portion of the Software i solely to support its users and limit access to its qualified information technology personnel;
(ii) Customer will allow its users to use the client portion of the Software in accordance with Good’s end user documentation and the terms of this license solely with the number and kind of handheld devices approved by Good;
(iii) Customer will not transfer, assign, sublicense or distribute the Software or these license rights to any other person; any attempts to do so are void;
(iv) Customer will not modify the Software or create derivative works based upon the Software, nor permit or encourage others to do so; and
(v) Customer will not benchmark, decompile, decrypt, reverse engineer, disassemble or otherwise reduce the Software to human-readable form, nor permit or encourage others to do so, except as mandated by applicable law after notice to Good.

To be clear, a copy of the client or applications software for the handheld device may be used on only one approved handheld at a time and may not be used on a non handheld device (e.g., a laptop), unless specifically approved by Good, but may be transferred from one handheld to another or from one user to another user along with the handheld (or to another handheld if the use on the first handheld ends) with electronic notice to Good. Use on multiple approved handheld devices by one user is permissible only with Good’s prior approval.

The term of the license will be for one year or any other time period specified on the Order Form. Licenses issued in connection with an authorized carrier reseller are fully paid up with an indefinite term, unless otherwise specified on the Order Form, and may be utilized with other authorized carrier resellers’ eligible data plans or other approved carriers’ data plans (with the separately purchased Good secure transport service - see Section 5 of the Support and Maintenance Terms). Licenses issued for a specific time period, Good’s secure transport service, and support and maintenance services will be renewed on these same conditions upon invoicing by Good or its authorized resellers and Customer’s timely payment.

In the event that Customer activates more licenses or uses more services than are permitted by the Order Form(s), Customer agrees to pay for such additional licenses or services upon invoicing at the then applicable rates. CUSTOMER AGREES THAT THE SOFTWARE AND SERVICES MUST NOT BE RELIED UPON FOR THE TRANSMISSION OF DATA RELATING TO EMERGENCY, MISSION CRITICAL OR LIFE THREATENING SITUATIONS OR FOR USE REQUIRING FAILSAFE PERFORMANCE AND OR WHERE FAILURE COULD LEAD TO DEATH, PERSONAL INJURY, OR ENVIRONMENTAL DAMAGE. Customer can elect to terminate this license by destroying all copies of the Software and related documentation. Good can elect to terminate this license early only if Customer materially breaches the terms of this license (including related payment and non transfer obligations) and fails to correct the breach after reasonable notice not exceeding ninety days. MOST SOFTWARE IS NOT USABLE WITHOUT CARRIER BANDWIDTH AND ACCESS TO THE GOOD SECURE TRANSPORT SERVICES DESCRIBED IN SECTION 5 OF THE SUPPORT AND MAINTENANCE TERMS, AND GOOD IS NOT OBLIGATED TO PROVIDE THESE SERVICES UNLESS RELATED FEES ARE TIMELY PAID EITHER DIRECTLY TO GOOD OR TO GOOD’S AUTHORIZED CARRIER RESELLERS AS PART OF SUCH CARRIER’S GOOD DATA PLAN. GOOD IS NOT RESPONSIBLE FOR PROVIDING BANDWIDTH OR ITS QUALITY. Customer will ensure that each of its users complies with Good’s Acceptable Use Policy described below.

Supplements and Copies. Software includes any upgrades, updates, bug fixes or modified versions (collectively, "Supplements"), related documentation and backup copies of the Software licensed or provided to Customer by Good directly or indirectly pursuant to the Support and Maintenance Terms and for which Customer has paid applicable fees. Customer may make a reasonable number of archival or backup copies of the Software. Upon termination Customer shall return or destroy all copies of the Software and certify same to Good upon request.

Limited Warranty. Good warrants that during the Warranty Period the Software will substantially conform to the specifications set forth in Good’s relevant end user documentation. The "Warranty Period" begins on the date Good makes the Software available for electronic download by Customer and ends ninety days later. This limited warranty extends only to Customer as the original licensee. Customer’s sole and exclusive remedy and the entire liability of Good and its suppliers under this limited warranty will be, at Good’s option, repair or replacement of the Software or refund of the applicable fees paid, if the problem is reported to Good or its designee during the Warranty Period. This warranty does not apply if the Software: (a) is licensed for beta, evaluation, testing or demonstration purposes; (b) has been altered, except by Good; (c) has not been installed, operated, repaired, or maintained in accordance with the relevant documentation; or (d) has been used in conjunction with Customer or third party software, accessories, products, services or ancillary or peripheral equipment and the problem is the result of such use and not of the Software itself. Except as expressly granted in this Agreement, the Software and all related services are provided AS IS without any implied warranty. GOOD EXCLUDES ALL TERMS, CONDITIONS AND WARRANTIES IMPLIED INTO THIS LICENSE BY LAW, STATUTE OR OTHERWISE. THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICIULAR PURPOSE, MERCHANTIBILITY AND NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED. TO THE EXTENT AN IMPLIED TERM, CONDITION OR WARRANTY CANNOT BE EXCLUDED OR DISCLAIMED, THEN IT IS LIMITED IN DURATION TO THE WARRANTY PERIOD. Good does not warrant that the Software is error free or that Customer will be able to operate the Software without interruption.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND ALWAYS SUBJECT TO (C) BELOW: (A) GOOD, ITS RESELLERS AND ITS SUPPLIERS EXCLUDE AND DISCLAIM ANY LIABILITY TO CUSTOMER AND ANY USER FOR (i) ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, AND (ii) ECONOMIC LOSS, WHICH SHALL INCLUDE LOSS OF PROFIT (WHETHER DIRECT OR INDIRECT), LOSS OF INCOME, DATA, REVENUE, BUSINESS INTERRUPTION OR COST OF SUBSTITUTE SOFTWARE OR SERVICES, OR OTHER ECONOMIC LOSS, WHETHER OR NOT CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE; (B) GOOD’S, IT’S RESELLERS’ AND ITS SUPPLIERS’ AGGREGATE LIABILITY TO CUSTOMER AND ANY USER IN CONNECTION WITH THIS AGREEMENT OR CUSTOMER’S ACCESS TO AND USE OF THE SOFTWARE WILL NOT EXCEED TWICE THE TOTAL FEES PAID BY CUSTOMER TO GOOD IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM OR ACTION AROSE; (C) NEITHER GOOD, ITS RESELERS NOR ITS SUPPLIERS EXCLUDE OR LIMIT THEIR LIABILITY IN RESPECT OF BODILY INJURY OR WRONGFUL DEATH ARISING FROM THEIR NEGLIGENCE, FRAUDULENT MISREPRESENTATION OR SUCH OTHER MISCONDUCT THAT CANNOT BE EXCLUDED BY APPLICABLE LAW. DESPITE ANY OTHER PROVISION OF THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW GOOD, ITS RESELLERS AND ITS SUPPLIERS SHALL HAVE NO LIABILTY DURING ANY EVALUATION, DEMONSTRATION, BETA OR TESTING PERIOD, OR WITH RESPECT TO BANDWIDTH DELIVERY OR THIRD PARTY HARDWARE, SOFTWARE AND SERVICES NOT PROVIDED BY GOOD. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOOD, ON BEHALF OF ITSELF, ITS RESELLERS AND ITS SUPPLIERS, DISCLAIMS ANY AND ALL LIABILITY FOR EVENTS OR DAMAGES OF ANY NATURE OR KIND RESULTING FROM MISUSE OF THE SOFTWARE. NO RESELLER CAN ENLARGE GOOD’S OBLIGATIONS UNDER THIS AGREEMENT NOR RESTRICT THESE LIMITATIONS OF LIABILITY. THE FOREGOING LIMITATIONS ARE REASONABLE IN LIGHT OF THE COST OF ALTERNATIVES.

Export, Restricted Rights. The Software, including technical data, may be subject to U.S. export control laws, including the U.S. Export Administration Act and related regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software outside the USA. The Software is provided with "Restricted Rights". Use, duplication, or disclosure by the U.S. Government or any agency or instrumentality thereof is subject to restrictions as set forth in this Agreement and as provided in DFARs 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. Good Technology, Inc., 4250 Burton Drive, Santa Clara, California USA 95054.

Privacy. By submitting any personally identifiable information to Good or its designees pursuant to this license or in connection with the use of the Software, Customer consents to the collection, processing, transmission and disclosure of such information and related data by Good within its group of companies, service providers and authorized carrier resellers pursuant to this Agreement both within and outside the USA to the extent necessary for Good to perform its obligations and in accordance with Good’s privacy policy as modified from time to time and viewable at www.good.com/legaldocs. Customer will at all times comply with all applicable data protection laws in using the Software and will use commercially reasonable efforts to obtain the consent of all users to collect and so use such personally identifiable information with the Software when required. Good can elect to provide users with appropriate self-help and best usage tips for the Software and services by email, unless Customer or the users direct Good not to do so.

Protection of Information and Notices. Customer agrees to maintain and reproduce all copyright and other proprietary notices on all copies of the Software. Customer agrees that aspects of the Software, including the specific design and structure of individual programs and issues arising in connection with the Support and Maintenance Terms, constitute trade secrets and/or copyrighted material of Good. Customer shall not disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of Good and shall implement reasonable security measures to protect such trade secrets and material. The Software may be covered by one or more patents as set forth at http://www.rim.net/patents that have been licensed by Research in Motion, Ltd. ("RIM") to Good. RIM is not affiliated with, nor does RIM endorse the operability of, the Software and related services. Such patent license should not be construed as exhausting RIM’s rights to royalties or damages or other compensation or relief or the grant of any express or implied license: (a) in relation to Customer’s use of third party products (except to the extent that use of third party email applications arises as a direct result of the Customer using Good’s products or services or the Customer uses a third party wireless personal digital assistant or network carrier services in conjunction with Good’s products or services); or (b) where Customer or the supplier of the wireless personal digital assistant or wireless network services asserts any intellectual property rights against RIM notwithstanding the terms of clause (a) above, and RIM has exercised its right to suspend all or a portion of the licenses granted to Good. Good has also licensed one or more of the NTP, Inc. patents identified at www.good.com/legaldocs. The source code for portions of the Software may be available under a public license (the "Public License Files"). The Software documentation describes how Customer may obtain the Public License Files. Any terms offered in this Agreement that apply to the Public License Files are offered solely by Good and not by the licensors of the Public License Files, and this Agreement is not intended to alter these licensors’ rights.

Related Services. Good (directly or though authorized providers) will provide Customer with the same level of basic support and maintenance service that Good then provides to its other direct basic support and maintenance customers for the time period specified on the Order Form subject to payment of applicable fees. The Order Form may also specify optional or extended levels of support. Good will provide Customer with its secure transport services pursuant to Section 5 of the Support and Maintenance Terms for applicable Software subject to payment of applicable fees to Good or its authorized carrier resellers when bundled with such carrier’s applicable Good data plan.

Miscellaneous. Unless otherwise agreed in writing by Good, CALIFORNIA USA LAW (EXCLUDING ITS CHOICE OF LAW PROVISIONS, THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS AND THE UNIFORM COMPUTER INFORMATION TRANSACTION ACT AND ANY ADAPTATION OF THIS ACT) GOVERN THIS AGREEMENT AND ANY DISPUTE RELATED TO IT WILL BE RESOLVED IN ANY COURT WITH JURISDICTION LOCATED IN THE SAN FRANCISCO BAY AREA OF CALIFORNIA USA. Good can elect equitable relief to specifically enforce provisions of this license or to enjoin specific violations given the likely inadequacy of damages. The prevailing party in any legal action related to this Agreement is entitled to recover its reasonable attorneys’ and experts’ charges. Late payments bear interest at the rate of one percent per month or any lower legal maximum. All invoices are due net thirty days from the date of invoice and are payable in US dollars unless otherwise specified in the Order Form. Any taxes due related to the transaction (other than taxes on Good’s net income) are payable by Customer. Good can elect to invoice electronically and may specify the form or manner of payment. In connection with renewals, Good and Customer may agree to make outstanding licenses or services co terminate for billing convenience. At Good’s request from time to time not exceeding once per quarter, Customer will provide Good with a report detailing its use and circulation of the Software and related carrier data plans, and Good may audit such report and related records not more frequently than annually to confirm that Customer is complying with this Agreement and to ensure payment of all applicable fees. Any audit will be conducted during regular business hours at Customer’s offices and will not interfere with Customer’s business. When Customer utilizes an authorized reseller, (i) Customer will separately document its financial terms with the authorized reseller, e.g., price and payment terms; (ii) the authorized reseller will contract with Good through use of the Order Form for resale and Good will look to the reseller for payment, but can elect to terminate applicable licenses/services in the event of nonpayment by any reseller that has been designated by Customer; and (iii) all other terms (e.g., usage, support, etc.) will be governed by this Agreement, if Good accepts the order. This is the complete agreement of Good and Customer with respect to the Software and related services and its provisions may only be waived or modified in writing. This license is written and will be construed in standard American English, even if translated into other languages or used in places relying on other languages. C’est la volonte expresse des parties que la presente convention ainsi que les documents qui s’y rattachent soient rediges en anglais american. The parties recognize that this license is intended for use in multiple jurisdictions. Any ambiguities will be clarified in an equitable manner without regard to authorship and minor errors and misspelling will be corrected to give maximal effect to obvious intent. There are no intended third party beneficiaries of this Agreement. At Good’s request, Customer will sign and return a copy of this Agreement.

SUPPORT AND MAINTENANCE TERMS

  1. GENERAL. For the time periods specified below, Good (or the applicable authorized carrier or value added reseller - collectively referred to as "Provider" below) will provide support and maintenance for the Software as set forth below, provided that Customer adheres to the Provider’s reasonable service policies and procedures as fairly adjusted from time to time. Good’s services are provided in standard American English.
  2. BASIC (BUSINESS HOUR) SUPPORT.
    1. Coverage. During any time period for which Good has been paid the applicable fees, Provider will use commercially reasonable efforts to provide Customer with the following forms of support:
      • Online Support Portal providing world wide web access to log support requests, to access Good’s online knowledge base of technical information and to access Good’s electronic provisioning during Good’s regular business hours and workdays excluding the following US holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day, or those holidays designated by the Provider in light of the country or regions being served (the "Holidays");
      • Email support during regular business hours and workdays excluding Holidays;
      • Telephone Support during regular business hours and workdays excluding Holidays (subject to limitations in Order Form);
      • Technical updates containing technical bulletins and bug reports as they are made available to assist Customer in the installation and implementation of the Software and to provide assistance concerning the identification, diagnosis, and correction of any failure of the Software to substantially conform to the specifications set forth in Good’s applicable documentation (an "Error"). Support will be provided by Provider only to the Customer designated contacts ("Designated Contacts"). At least one Designated Contact will be identified who can be reached 24x7. Customer may change the identity of any Designated Contact upon written notice to Provider, provided that at no time will the number of Designated Contacts exceed two (unless optional levels of support are procured - see below). Customer will be responsible for providing technical support directly to its users.
    2. Error Correction. During any time period for which Good has been paid the applicable fees, Good will use commercially reasonable efforts to correct any material Errors in accordance with the priority level reasonably assigned to such Error by Good. Priority levels may vary at Good’s reasonable discretion by device and carrier. Customer will notify Provider promptly of any suspected Error and will provide sufficient detail to allow Provider to reproduce the Error on its systems. Provider may perform remote diagnostics to determine the existence and nature of an Error, subject to Customer’s reasonable security policies. Provider is not required to provide Customer any support, maintenance, or other services that are not expressly provided for in these Support and Maintenance Terms or the License. Good and Customer may agree on additional support services and compensation.
    3. Exclusions: Provider will have no obligation of any kind to provide support services for problems in the operation or performance of the Software caused by any of the following (each a "Customer-Generated Error"):
      1. non Good software or hardware products or carrier network and setup issues;
      2. alteration, damage, or modification to the Software not made or authorized by Good;
      3. problems caused by Customer’s negligence, abuse or misapplication,
      4. Customer’s use of the Software other than as permitted by the License, by law or as provided in the Documentation, or (v) failure to timely install Supplements. If Good determines that it is necessary to perform support services for a problem caused by a Customer-Generated Error, then Good will so advise Customer as soon as reasonably possible and Good will have the right to: (a) decline to provide such services; or (b) by agreement with Customer use reasonable efforts to perform such services and invoice Customer at Good’s then current standard time and materials rates for such services. Good has no obligation to support or maintain more than two versions of any Software (current and previous) at any time or any version after the Software is no longer generally distributed by Good.
    1. MAINTENANCE. During any time period for which Good has been paid the applicable fees, Good will make all Supplements (i.e., any upgrades, updates, bug fixes or modified version) and related documentation available to Customer for no additional fee when they are generally made available to Good’s other direct Customers receiving basic support and maintenance services. Good is not required to provide new functionality or new software products, however.
    2. CUSTOMER’S OBLIGATIONS. Customer is obligated to install a Supplement within sixty days after it is made available to Customer. Good will have no liability for any changes in Customer’s hardware, software, or other systems which may be necessary to use Software due to the installation of a Supplement. Customer will cooperate with Good from time to time as reasonably requested by Good in connection with the provision of support services, including promptly providing Good with reasonable remote access to Customer’s copies of the Software to the extent necessary to provide the services and always subject to Customer’s reasonable security policies.
    3. SECURE TRANSPORT SERVICES. During any time period for which Good has been paid the applicable fees (either directly to Good or through an authorized carrier reseller), Good will use commercially reasonable efforts to make any required Good secure transport services (i.e., the data processing and electronic communication performed by Good’s network operation center with Customer’s server across a wired network and with handheld devices wirelessly) available to Customer directly (or indirectly through authorized carrier resellers as part of such carrier’s Good data plan) at least 99.50% of the time, excluding excusable downtime (e.g., scheduled maintenance or causes beyond Good’s reasonable control) after applicable Software has been made available. Customer will use commercially reasonable efforts to promptly notify Provider of any perceived downtime.
    4. OPTIONAL/EXTENDED SUPPORT.(Note: not available for all countries/carriers.) For mutually acceptable additional fees specified in the Order Form, Good will provide Customer basic support after any expiration of its initial support obligations or that level of additional technical support consisting of one of the following annual plans (see table below for feature comparison -- Good may modify optional plan features from time to time on a prospective basis):
  3. Extended 24X7 Plan for GoodLink/Good Mobile Messaging Server and Client
    Includes all of the services described in 2 above as well as:
    4 Designated Contacts - Customer can designate 2 additional individuals who can contact Good for support.
    24 x 7 Support - Live phone and email support and web-based self-service is available from Good 24 hours a day, 7 days a week.
    Upgrade Notification - Notification of availability of software upgrades and service releases.

    Extended Plus Plan: for GoodLink/Good Mobile Messaging Server and Client
    Includes all of the services in the Extended 24/7 Plan as well as:
    6 Designated Contacts - Customers can designate 2 additional individuals (for a total of six) who can contact Good for support.
    Proactive Monitoring - Proactive notification by Good of instances when the server disconnects from the network operation center.
    Priority Queuing - Priority status when calling for telephone support

    Premium Plan for GoodLink/Good Mobile Messaging Server and Client
    Includes all of the services described for the Extended Plus Plan as well as:
    8 Designated Contacts - Customer can designate 2 additional individuals (for a total of eight) who can contact Good for support.
    Designated Technical Account Manager -A single point of contact for regular ongoing communication and resolution of any outstanding issues.
    New Release Previews - Early access to new releases via electronic download site.

    Feature Basic Extended Extended Plus Premium
    Product release reviews No No No Yes
    Technical Account Management No No No Yes
    Server Monitoring No No Yes Yes
    Priority queuing No No Yes Yes
    Upgrade Notification No Yes Yes Yes
    Designated Contacts 2 4 6 8
    Availability Business Hr 24 x 7 24 x 7 24 x 7
    Tiers Supported 2 and 3 2 and 3 2 and 3 2 and 3
    Contact Methods Email, web, phone Email, web, phone Email, web, phone Email, web, phone

    Acceptable Use Policy

    General. To facilitate use of the Software and services, each User (i.e., any person utilizing the Software with the permission of a Customer of Good) will comply with this Acceptable Use Policy ("AUP"). Good and User have freely chosen to express this policy in standard American English. (C’est la volonte expresse des parties que la presente convention ainsi que les documents qui s’y rattachent soient rediges en anglais american.) Good may modify this AUP in its reasonable discretion on a nondiscriminatory basis at any time effective within sixty days after those modifications are posted at the Good website (or earlier in the case of emergency). If Good becomes aware that any User has violated this AUP, Good may suspend the User’s right to use the services after notice to Customer. Good may cooperate with Customer, government authorities and third parties in the investigation of alleged wrongdoing. In general, User will only use the Software and services for lawful purposes, consistent with all applicable laws and regulations and the rights of others, including applicable network usage policies of Customer and others. User understands that using certain features and functionality of the Software on the handheld device will create network connections and utilize bandwidth for which third party charges may be applicable. User’s voice, images and data may become accessible to others on these networks, and this information may be deleted from the handheld device or otherwise accessed by Customer’s system administrators. User should contact his or her system administrator to review applicable privacy and security policies. Good’s policies are viewable on the Good website. Most Software may only be used in connection with the purchase of Good’s secure transport service. User agrees to secure such service only through Good’s authorized carrier resellers (see the Good website for a current list of authorized carrier resellers and applicable data plans), unless the Customer otherwise requires. User will not knowingly use the Software or services in connection with any hardware, handheld devices, networks or software applications not permitted under Customer’s agreement with Good. User acknowledges that the Software and services are not designed, intended, or permitted for use in emergency, mission critical or life threatening circumstances or for uses requiring failsafe performance, or where failure could lead to death, personal injury, or environmental damage, and will not knowingly use the services under such circumstances or for such uses. User will not rent, lease, or provide access to the Software or services on a time-share or service bureau basis. User will not use the Software or services to send bulk unsolicited communications outside of Customer’s network or to send communications to a recipient that has indicated that he or she does not wish to receive them. Content. User is responsible for content. Good does not monitor or control content and is not responsible for such content. User will not knowingly use the Software or services to (i) transmit content that is obscene, pornographic, defamatory, libelous, harassing, threatening, abusive, hateful or violent; (ii) transmit any virus, worm, Trojan horse, or other content harmful to the services, any other network or equipment, or other Users; or (iii) transmit content containing fraudulent, false, deceptive, or misleading offers, statements, claims, or representations. Content accessible through the Software and services may be subject to protection under privacy, publicity, or other personal rights and intellectual property rights, including but not limited to, copyrights, patent rights, trademark rights, trade secret rights or other proprietary information rights. User will not knowingly infringe, dilute, misappropriate, or otherwise violate any such rights. User will not benchmark, decompile, decrypt, reverse engineer, disassemble or otherwise reduce the Software to human-readable form, nor permit or encourage others to do so, except as mandated by applicable law after notice to Good.

    Security. User will not interfere with or disrupt the Software or services or attempt to gain access to any systems or networks that connect to the services except as required to use the services in compliance with this AUP, including, without limitation, via means of overloading, "flooding", "mailbombing", "denial of service" attacks or "crashing". User will not knowingly violate the security of the Software or services, including, without limitation: (a) accessing data not intended for such User; (b) logging into a server or account which such User is not allowed to access; (c) impersonating Good personnel; (d) probing, scanning or testing the vulnerability of the Software or services or breaching security or authentication measures; (e) forging any TCP/IP packet header or any part of the header information in any communication; (f) taking any action in order to obtain services to which such User is not entitled; or (g) attempting to utilize another User’s account name or persona without authorization from that User. User will not allow access to the Software or services by anyone other than Users for whom all applicable fees have been paid. User will keep such User’s security key(s) and password(s) secret and not disclose them to any third party.

    Privacy. Almost all information processed by Good in connection with the use of the Software is encrypted and not decipherable by Good. To the limited extent that Good or its agent does access or collect any User information, it will be used only to the extent reasonably necessary to perform Good’s obligations, to assist User in the enjoyment of the Software or as required by law. Good believes strongly in protecting User privacy. Personal information collected by Good can be disclosed to Good’s resellers, including carriers, as well as other third parties that assist Good in performing its obligations. (To learn about Good’s information collection and use practices and policies, User should refer to www.good.com/legaldocs.) User consents to the use and processing both within and outside the USA of any personally identifiable information (e.g., an email address) provided to Good or its designees in connection with the use of the Software for such purposes, subject to Good’s then applicable privacy policy as posted on the Good website. Good can elect to provide Users with appropriate self-help and best usage tips for the Software and services by email (thereby minimizing the need for support), unless Customer or the User directs Good not to do so. Subject to the Customer’s rights and other privacy rights, a User may seek access to and, where necessary, correct any personally identifiable information (some restrictions and costs may apply). User should contact his or her system administrator to review applicable privacy and security policies of Customer.