PC Sync

Device-Related Software

End User License Agreement

CHECK IT OUT: BEFORE YOU CLICK THE "DOWNLOAD" BUTTON AT THE BOTTOM OF THIS WINDOW, YOU HAVE GOT TO READ THIS END USER LICENSE AGREEMENT ("AGREEMENT") FOR THE SOFTWARE LISTED ABOVE ("SOFTWARE"). BY CLICKING ON THE "DOWNLOAD" BUTTON YOU ARE (1) PROMISING Virgin Mobile USA THAT YOU ARE OVER THE AGE OF 18 AND CAN BIND YOURSELF TO THE TERMS OF THIS AGREEMENT AND (2) CONSENTING TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR DO NOT WANT TO MAKE THOSE PROMISES, DO NOT CLICK THE "DOWNLOAD" BUTTON. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN SORRY — YOU CAN'T DOWNLOAD, INSTALL, OR USE THE SOFTWARE.

1. What the Software is. This is not Virgin Mobile USA's Software. This Software was provided by the device maker that you selected from Virgin Mobile USA. The device maker wants you to download this Software to make sure your new device works the way device maker wants it to work. But to be clear — Virgin Mobile USA is not making any promises about the Software because we had nothing to do with it. You are using it at your own risk, "as is" and "with all faults." But treat it with respect -- the Software is protected not only by copyright laws but other intellectual property laws and treaties.

2. What You Can Do. The device maker grants you a limited, personal, non-exclusive, non-sublicensable, non-transferable license to download, install, and use the Software on your device. This means that you may not give others the right to use download, install, and use the Software, however, you can tell you friends to download a copy for themselves at http://www.virginmobileusa.com.

3. What You Can't Do. You may not: (a) remove any copyright, trademark, or other proprietary notices affixed to the Software by Virgin Mobile USA or others; (b) sell, transfer, rent, lease, or sub-license the Software to any third party; (c) alter or modify the Software; (d) make the Software available over a network where it could be used by multiple computers at the same time; and (e) reverse engineer, disassemble, decompile or attempt to derive source code from the Software, or prepare derivative works based on the Software. You may not use the Software to make unauthorized copies of works owned by others. Virgin Mobile USA respects the copyright laws and the proprietary rights of others. By supplying the Software to you, Virgin Mobile USA and the device maker are not authorizing the use of the Software to infringe the copyright or other rights of others.

4. Upgrades. Virgin Mobile USA or the device maker may make available from time to time offer fixes, updates, and upgrades to you, including new versions of the Software. You may accept or reject such fixes, updates, or upgrades at your sole discretion and at your own risk. While Virgin Mobile USA or the device maker may offer such items, Virgin Mobile USA and the device maker are not required and are under no obligation to provide any maintenance or services to you, including without limitation, any support, updates, enhancements, or other modifications to the Software. Unless explicitly stated otherwis

5. Disclaimer. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOFTWARE IS EXCLUSIVELY AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED "AS IS," "WITH ALL FAULTS" AND WITHOUT WARRANTY OF ANY KIND, AND VIRGIN MOBILE USA HEREBY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VIRGIN MOBILE USA DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT YOUR OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VIRGIN MOBILE USA OR ITS REPRESENTATIVES WILL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

6. Limitation of Liability. YOU ACKNOWLEDGE THAT VIRGIN MOBILE USA IS NOT THE DEVELOPER OF THE SOFTWARE AND AGREE TO HOLD HARMLESS AND OTHERWISE WAIVE ANY AND ALL CLAIMS AGAINST VIRGIN MOBILE USA RELATING TO THE SOFTWARE. TO BE CLEAR, IN NO EVENT WILL VIRGIN MOBILE USA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR OTHER PECUNIARY LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY USE OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, THE COST OF RECOVERING SUCH INFORMATION, THE COST OF SUBSTITUTE SOFTWARE, OR CLAIMS BY THIRD PARTIES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, EVEN IF VIRGIN MOBILE USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Termination. This Agreement is effective until terminated by you or Virgin Mobile USA. Virgin Mobile USA may terminate this Agreement immediately by contacting you. Also, this Agreement will automatically terminate without notice if you fail to comply with this Agreement. If you wish to terminate this Agreement, you may simply follow the instructions in the next sentence. If Virgin Mobile USA terminates this Agreement for any reason or you wish to terminate this Agreement, you must immediately discontinue any and all use of the Software and destroy, delete, or uninstall all copies of the Software in your possession whether on your computer or on any media.

8. Equitable Relief. You agree that any use of the Software by you that violates or is inconsistent with the terms of this Agreement may case Virgin Mobile USA irreparable damage and injunctive or other equitable relief may be necessary to protect Virgin Mobile USA's rights or interests. Accordingly, you agree that Virgin Mobile USA may request injunctive or other equitable relief seeking to restrain such use to any court of competent jurisdiction and that you will not assert or claim that such relief is inappropriate under the circumstances.

9. Export Control. Don't forget to check before you send the Software outside the United States. This Agreement is subject to any governmental laws, orders, or other restrictions on the export of the Software and related information that may be imposed by governmental authorities. You must comply with any governmental laws, orders, or other restrictions on the export or re-export of the Software (including technical data and any related information) which may be imposed from time to time by the governments of the United States and any country to which the Software is shipped.

10. Other Stuff. This Agreement will be governed by and construed in accordance with the laws of the state of California, without giving effect to its conflict of laws principles. If applicable, each of Virgin Mobile USA and you expressly opts out of the application to this Agreement of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act. You consent to the exclusive jurisdiction of the courts of the state of California and agree that the venue will lie exclusively in Los Angeles County, California in all disputes arising out of or relating to this Agreement. This means that any dispute regarding this Agreement will be resolved under the laws of California and that you agree that any lawsuit or proceeding in such a dispute will be located in Los Angeles County, California. Your may not use the Software in any jurisdiction that does not give effect to all provisions of the terms and conditions of this Agreement, including without limitation this Section 10. This Agreement is the complete and entire agreement between you and Virgin Mobile USA and replaces any prior or contemporaneous agreements or understandings between you and Virgin Mobile USA. No waiver of any provision of this Agreement, or any rights or obligations of either party under this Agreement, will be effective, except pursuant to a written or electronic record authenticated by the party or parties waiving compliance, and any such waiver will be effective only in the specific instance and for the specific purpose stated in such record. If any term or provision of this Agreement is held to be invalid, void, or unenforceable, then the remainder of this Agreement will not be affected, impaired, or invalidated, and each such term and provision of this Agreement will be valid and enforceable to the fullest extent permitted by law.