Aetrex GPS Shoes User Manual - Page 16

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that appears on Omnilink's website(s) or in association with its services; (xii) create any

link to Omnilink's website(s) or frame or mirror any content contained or accessible

from Omnilink's website(s); or (xiii) use any data or information obtained through the

use of Omnilink's devices for any unlawful purpose or in violation of any applicable law

(including, without limitation, data protection and privacy laws). Except as expressly

provided in this Agreement, no right or license is granted hereunder, by implication,

estoppel or otherwise.

3.4 Firmware License. Each Device provided by Omnilink may contain firmware

developed and owned by Omnilink. For firmware developed and owned by Omnilink,

Omnilink hereby grants you a limited, non-exclusive, non-transferable, royalty-free

license, for the Term, to use the firmware on each Device. Omnilink shall retain all rights

to the firmware contained on each Device. The license granted herein shall be deemed

to be in effect upon delivery of each Device.

3.5 Ownership. You acknowledge that, as between You, your Sub-Account holders,

and Omnilink, all right, title and interest in the Tracking Plan Check-In service, any

software, Devices, or firmware provided under this Agreement, and all modifications

and enhancements thereof, including all rights under copyright and patent and other

intellectual property rights, belong to Omnilink. This Agreement does not provide you

with title or ownership of Tracking Plan Check-In Service, any software, Devices, or

firmware provided under this Agreement, but only the rights specified in this Agreement.

4. SERvICES

4.1 Availability of Services. Subject to the terms and conditions of this Agreement,

Omnilink shall use commercially reasonable efforts to make the Services available for

twenty-four (24) hours a day, seven (7) days a week. You agree that from time to time the

Services may be inaccessible or inoperable for reasons beyond the control of Omnilink,

including, but not limited to: (i) equipment malfunctions; (ii) periodic maintenance

procedures or repairs which Omnilink may undertake; or, (iii) interruption or failure

of telecommunication or digital transmission links, hostile network attacks, network

congestion or other failures. You shall not be entitled to any setoff, discount, refund or

other credit as a result of unavailability of the Services. You agree that Omnilink has no

control of availability of Services on a continuous or uninterrupted basis. Omnilink does

not guarantee any specific response rate (bandwidth). Any unavailability of the Services

will be relayed to you as soon as possible.

4.2 Security. Omnilink shall use commercially reasonable efforts to prevent unauthorized

access to restricted areas of Tracking Plan Check-In and any databases or other

sensitive material; and, Omnilink shall notify You of any known security breaches to its

systems that are reasonably likely to adversely affect You or your account, in accordance

with applicable law.

4.3 Uninterrupted Power Supply (UPS). Omnilink will implement a high-availability

architecture at the data center to ensure, as much as possible, continued availability of

access to the Services even when there is power failure and/or hardware malfunction.

4.4 Tracking Plan Check-In Support. Customer technical support for problems with the

Tracking Plan Check-In software application or Devices, as well as Billing and any other

general questions, will be provided between the hours of 10:30 A.M.-8:00 P.M. Eastern,

Monday-Friday (excluding U.S. federal holidays). Support hours and contact numbers

are listed at www.aetrex.com/gpssupport.

5. CUSTOMER DATA

5.1 Omnilink's Use of Customer Data. Omnilink collects Personal Information and

non-personal information about its Customers and Sub-Account holders (collectively,

"Customer Data") in order to: (i) provide the Services; (ii) provide customer and technical

support; and, (iii) for other business-related purposes, such as billing or marketing.

Omnilink may remove from your data any personal or location-based information

and combine such anonymized data with that of others in order to create "Aggregate

Information." Omnilink may use Aggregate Data to analyze how Customers use the

Services and determine ways in which Omnilink can improve the Services. If You

have provided your contact information, Omnilink may contact You for marketing

purposes by various means, including but not limited to regular mail, email or telephone.

When You activate an Omnilink account, You expressly consent to receive marketing

communications via direct mail, email (at the email address you provided when activating

your account), telephone (at the number you provided when activating your account),

text messages (if you provided a wireless telephone number), instant messages or other

communications methods. You may opt out of receiving one or more of these types of

marketing communications at any time by sending an email to [email protected] or

by following the opt-out instructions set forth in our Privacy Policy.

5.2 Disclosures of Customer Data. If You purchased the Services as a result of the

marketing efforts of an Omnilink marketing partner, You agree that Omnilink may disclose

your Customer Data to such marketing partner.

5.3 Retention of Customer Data. Customer Data will be retained as long as there exists

a legitimate business need to do so. For example, Omnilink may retain Customer Data

for the duration of a dispute with our company. Location Data will be retained for each

Customer for a period that Omnilink will decide in its sole discretion, and shall be made

available to law enforcement and other government agencies pursuant to legally valid

requests for such information.

6. CUSTOMER RESPONSIBILITIES

6.1 Use of Services. You acknowledge and agree that You will not use the Services to:

(i) Track and/or Monitor any individual without such individual's prior express permission

unless such individual is a minor with whom You have a lawful guardian relationship; (ii)

send spam or otherwise unsolicited messages in violation of applicable laws; (ii) send or

store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material,

including material harmful to children or violative of third party privacy rights; (iii) send

messages to any email lists, distribution lists, newsgroups, or spam email addresses;

or, (iv) send or store material containing malicious code, including, without limitation,

software viruses, worms, Trojan horses or other harmful computer code, files, scripts,

agents or programs. You agree to report immediately to Omnilink, and to use best efforts

to stop immediately, any violation of the terms and conditions set forth in this Section 6

or any of Omnilink's published policies (collectively, "Policies"), including but not limited

to the Omnilink Privacy Policy which are incorporated herein by reference. In the event of

any suspected violation of the terms, conditions and restrictions set forth in this Section

12. or the Omnilink Privacy Policy Omnilink may immediately disable your access to the

Services and suspend its provision of such Services.

6.2 Access To hosted Services. Omnilink will provide You with a user name, password

and other information necessary to access the Tracking Plan Check-In service. You are

responsible for keeping the respective user names and passwords confidential and for

any communications or transactions made using user name and password. You are

responsible for changing the respective user names and password if it is believed that

the same has been stolen or might otherwise be misused.