These license terms are an agreement between Skyhook Wireless, Inc. ("Skyhook") and you. Please read them carefully and completely as they apply to the following beta software: Loki, Wi-Fi Positioning System, Loki Plug-In for IE, Loki Extension for Mozilla, Skyhook Wi-Fi Driver and other related products installed or distributed in conjunction with these products (the "Software").

You must enter into this Agreement by checking the box next to "Accept Software License Agreement and Terms of Use" and then clicking on the ACCEPT AND DOWNLOAD button in order to be able to install and use the Software. You hereby agree and acknowledge that this Agreement covers all your use of the Software and Data and, furthermore, by installing and (continuously) using the Software and/or Data you agree to be bound by the terms of this Agreement and any new versions hereof.

These terms also apply to any data collected, calculated, generated, installed, downloaded or determined through the use of the Software (the "Data"). This license agreement and terms of use also apply to any Skyhook updates, upgrades, patches, bug fixes, releases or services related to this Software and/or Data unless Skyhook has otherwise notified you in writing.

This Agreement sets out the legally binding terms of your use of the Software and the Data and may be modified by Skyhook at any time and without prior notice, such modifications to be effective upon posting by Skyhook on the Loki web site at http://www.loki.com/terms-of-use/.

BY INSTALLING THE SOFTWARE, YOU ACCEPT THESE TERMS AND AGREE TO BE BOUND BY ITS OBLIGATIONS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT INSTALL THE SOFTWARE AND/OR DELETE ALL COPIES FROM YOUR COMPUTER AND CEASE ITS USE.

  1. LICENSE. The Software and Data are licensed on a per copy per individual user basis. No other person may use the software under the same license at the same time.
  2. INSTALLATION AND USE RIGHTS.
    1. Licensed Device. The licensed device is the device on which you use the Software. You may install and use one copy of the Software and Data on the licensed device.
    2. Licensed Purpose. The Software and Data are for you limited personal use only and are not to be used for any commercial purpose.
    3. Separation of Components. The components of the Software and the Data are licensed as a single unit. You may not separate the components and install them on different devices or separate and use the Data for any other purpose.
    4. Distribution. You may not reproduce and/or distribute, resell, sublicense or otherwise share the Software and/or the Data for any reason.
  3. ADDITIONAL SERVICES. Skyhook provides Internet-based services with the Software. It may change or cancel them at any time.
  4. SCOPE OF LICENSE. The software is licensed, not sold. Skyhook reserves all other rights and you may use the software only as expressly permitted in this agreement. You may not
    • work around any technical limitations in the Software;
    • reverse engineer, decompile or disassemble the Software and/or Data, except and only to the extent that applicable law expressly permits, despite this limitation;
    • make any copies of the Data or Software;
    • publish the Software or Data for others to copy;
    • rent, lease or lend the Software or Data; or
    • use the Software or Data for commercial purposes.
  5. INTELLECTUAL PROPERTY RIGHTS. Except as otherwise stated in this Agreement, Skyhook retains all right, title and interest to the Software, Data and related documentation and services. The Software and Data are copyrighted material of Skyhook Wireless, Inc. and may be subject to current or future patents. Loki, Wi-Fi Positioning System, WPS, Skyhook, Skyhook Wireless and other materials are trademarks of Skyhook Wireless, Inc.
  6. PRIVACY POLICY. Use of the Software, Data and related services are subject to our Privacy Policy which is posted at www.loki.com/privacy-policy. This policy may be modified by Skyhook at any time and without prior notice, such modifications to be effective upon posting by Skyhook on the Loki web site.
  7. CONFIDENTIAL INFORMATION. The Software and Data are confidential and proprietary information of Skyhook. You agree to take all reasonable steps to protect and maintain any confidential information regarding Skyhook, the Software and Data as strictly confidential.
  8. TERM AND TERMINATION. This Agreement shall be in effect as of the date you first install the Software until terminated by you or Skyhook. You may terminate this Agreement by deleting the Software and Data from your computer and destroying any and all copies. Skyhook may terminate this Agreement with immediate effect at any time, with or without cause and without recourse to courts, by providing notice to you either directly, by posting such notice at www.loki.com and/or by preventing your use of the Software or Data by disabling your account.

    Upon termination of this Agreement, you (a) acknowledge and agree that all licenses and rights to use the Software and Data shall terminate, and (b) will cease any and all use of the Software and Data, and (c) will remove the Software and Data from all hard drives, networks and other storage media and destroy all copies of the Software and Data in your possession or under your control.

  9. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.
  10. SUPPORT SERVICES. Because this software is "as is", Skyhook may not provide support services for it.
  11. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
  12. APPLICABLE LAW. This Agreement shall be construed and controlled by the laws of the Commonwealth of Massachusetts, and both parties further consent to jurisdiction by the state and federal courts sitting in the Commonwealth of Massachusetts. Process may be served on either party by US Postal Service, postage prepaid, certified or registered, return receipt requested, by courier service or by such other method as is authorized by the laws of the Commonwealth of Massachusetts.
  13. Disclaimer of Warranty. The Software and Data is currently a Beta version only and as such is licensed "as-is". You bear the risk of using it. Skyhook gives no express warranties, guarantees or conditions. You recognize that as a Beta version, you may experience delays, errors or inaccurate results. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Skyhook excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Do not use the Software, Data or related services to determine exact location, distance, directions, altitude or geo-positioning.
  14. Limitation on and Exclusion of Remedies and Damages. You can recover from Skyhook only direct damages up to U.S. $25.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.

    This limitation applies to

    • anything related to the Software, Data or any related services, content (including software code) or third party programs; and
    • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
    • It also applies even if Skyhook knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

Effective Date: August, 2006