Terms & Conditions

THE SATELLITE WORKS, INC. (SATWORX) TERMS AND CONDITIONS GOVERN THE PURCHASE OR RENTAL OF EQUIPMENT AND/OR SERVICES.

SERVICE: Satworx shall provide Equipment and/or Services to the Customer upon acceptance of a Customer's subscription or rental order. All orders are subject to Satworx's approval.
SIM CARDS: Information contained in any SIM card(s) (the "Card") furnished to the Customer in a rental order is the property of Satworx. The Customer agrees not to interfere with the information contained in the Card and shall promptly return the Card to Satworx upon termination of this Agreement. Satworx permits the use of multiple Cards per phone in pooled corporate environments.
LIABILITY REGARDING SERVICE: Satworx assumes no responsibility for any damage, loss of property, opportunity or earnings, personal injury, death or any other loss whatsoever resulting from the Customer's use of Services and Equipment, including, but not limited to, use of 911. This limitation applies to acts or omissions of Satworx, its Suppliers, Agents, Employees and all persons for whom it may be responsible. Satworx does not guarantee the provision, quality and consistency of the Services as provided by our Carriers and is furthermore not responsible for any interruptions, delays, inconsistencies or failures of the network or security breaches regardless of the source of any such problem including, but notwithstanding, Satworx's own fault or negligence.
DELIVERY: Satworx will use reasonable efforts to deliver the Equipment by the requested delivery time but it shall not incur any liability to the Customer in the event of any delay caused by force majeure or other circumstances beyond its control. The Customer will accept the Equipment when delivered on or before the delivery time and if for any reason the Customer fails to accept the Equipment when delivered on or before such date the Customer shall nevertheless be liable for the stated charge in full.
RATES & PAYMENT: All charges will be in accordance with Satworx's current rate schedule for the selected Service Plan at the time of use, as specified above. Satworx reserves the right to modify and/or add rates and charges from time to time, without prior notice to the Customer. Satworx attempts to be as accurate as possible on our website and in printed materials. Still, despite our efforts, it is possible due to computer or other error or causes that a product or service offered on the site may be priced incorrectly and/or contain an inaccuracy in its description. In the event Satworx determines that a product or service is priced incorrectly or contains an inaccurate description, Satworx reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order. All applicable taxes shall be added to the usage and rental/purchase price, unless the Customer provides an executed resale exemption certificate to establish exempt status as a reseller of Equipment and/or Services which meets and satisfies the requirements of the levying tax authority in question. For customers on invoice, a late payment charge of 1.5% interest per month, or 18% per year, is applicable against all overdue balances. All payments received will first be applied against service charges. Satworx reserves the right to collect an interim payment for unbilled usage. Satworx reserves the right to suspend or terminate your service for non-payment of your invoice, including unbilled usage. If we suspend your account, all outstanding amounts must be paid in full prior to reconnection. Satworx reserves the right to apply any deposits or credit card payments against accounts in arrears. The Customer shall inform Satworx of any disputes or disagreements with invoiced charges within 30 days of the date of invoice. Thereafter, the Customer shall be deemed to have waived its right to dispute charges. If the Customer has furnished a credit card number for the payment of charges under this Agreement, then the Customer represents that he or she is an authorized signer on the account of such credit card. All charges related to this agreement shall be charged to the furnished credit card upon invoice generation. A copy of the invoice outlining all charges shall be mailed to the Customer. In addition, the Customer agrees to assume personal responsibility for all payments due in consideration of this Agreement. Should customers have concerns about their service performance, the customer must formally contact Satworx Technical Support or Customer Care regarding the issue during their travels. In situations where the service is deemed not to have worked during travels, Satworx will be unable to provide compensation, or reevaluate charges if no record of these troubles was made through Satworx Customer Care or Technical Support departments or if Satworx was not given the opportunity to troubleshoot and resolve issues during the rental period.
LOSS/THEFT/DAMAGE/FRAUD: The Customer must notify Satworx immediately regarding lost, stolen, or damaged Equipment / SIM cards if the Customer suspects or should reasonably suspect that the Equipment / SIM Card /Internet Account is being used in an unlawful or fraudulent manner. The Customer is responsible for all charges incurred up until the time of said notification. Upon said notification, or if Satworx suspects any wrongdoing, Satworx will terminate or suspend the Services. The Customer is prohibited from utilizing Satworx's services to compromise the security of or tamper with Satworx's system of resources or accounts on any of Satworx's computers, routers, terminal servers, modems, or any other equipment at Satworx or any other site. Use or distribution of tools designed for compromising security is prohibited. The Customer agrees to provide reasonable co-operation in any investigation of unlawful use of Services or Equipment. If Loss/Theft/Damage Protection is not purchased, the customer will be charged the full replacement value for any missing or damaged equipment.
PASSWORDS: Individual end user accounts that are registered with Satworx under a customer domain name are for individual use only. Customer may not share passwords or accounts with additional individuals. Customer is responsible for maintaining the security of their end user accounts and passwords. Customer shall provide passwords to their end users. In the event that the security of an end user account is compromised, a new password will be issued for use.
SALE OF EQUIPMENT: Duration and scope of warranties on Equipment are limited to the manufacturer's warranty. Refunds will be issued to Customers returning an unopened package within 15 days from the date of purchase. SIM cards, special request and non-inventory products are non-refundable. Title to Equipment shall transfer to Customer upon shipment by Satworx. Satworx must be notified by Customer immediately of any defects so that Satworx may replace the defective Equipment or, at its option, refund the amount paid by the Customer for the Equipment.
SERVICE RULES: Service and Equipment may not be used for any unlawful, fraudulent or abusive purpose and must be used as required by all applicable laws. The Customer is prohibited from storing, distributing or transmitting any unlawful material through Satworx's services.
CONFIDENTIALITY: Information provided by the Customer herein will not be publicized by Satworx without the Customer's prior permission unless it is: 1) used in assessing credit performance or regarding collection of overdue payment; 2) supplied to the commissioning entity or Supplier provided that the information is to be used for the provision of Services and disclosure is made on a confidential basis, or; 3) provided to a law enforcement or investigative agency in connection with suspected unlawful activities or in the case that the Customer has provided false or misleading information to Satworx. By placing an order with Satworx you agree that Satworx has permission to provide order information to other companies to fulfill your request for a product or service, such as a shipping company, credit card processing company, or service partner. (Without your consent, these companies do not have the right to use the personally identifiable information we provide to them beyond what is necessary to assist us.); For more details on how your personal information may be used, please refer to our privacy policy.
TERMINATION: Satworx may terminate this Agreement at any time without notice if it suspects any violation of any term or condition of this Agreement, if payment has not been made. The Customer shall be responsible for all charges outstanding at the time of termination. Satworx may also terminate Services in the event that another Contract for purchase of Service and/or Equipment expires or is terminated, provided that termination of the Services shall only be with respect to the Service provided pursuant to that Other Contract.
CANCELLATION (RENTAL): A $30.00 cancellation fee per unit applies to all cancellations received within 48 hours of the required date. If shipment has been made, Customer is responsible for all shipping charges in addition to the cancellation fee.
CANCELLATION (SUBSCRIPTION): Subscription customers may terminate their service with 30 days prior notice by calling Satworx Customer Care at 1.866.728.9679 or in writing to Satworx Inc, 5348 Vegas Dr., Las Vegas, NV, 89108. Monthly subscription services cancelled within the first 12 months of service will be subject to a charge of 50% of their annual subscription fees (6 months), including bundled airtime. Annual fees are non-refundable in the first year of service. In subsequent years, a pro-rated portion of the fee may be refunded based on the date of cancellation. There is no refund for Prepaid Cards.
SERVICE AVAILABILITY: Services coverage area may vary significantly depending on several factors, including but not limited to: network changes, traffic volume, service outages, technical limitations, signal strength, your equipment, terrain, structures, weather and other conditions that may interfere with actual service, quality and availability, including the ability to make, receive and maintain calls.
OPERATING PROCEDURES: Customers shall follow the procedures outlined in the instruction manual(s) supplied by Satworx, as well as those instructions provided by the Suppliers of Services and Equipment to Satworx. Satworx shall bear no responsibility for failure of Customers to use the Services/ Equipment in accordance with the said instructions.
CONDITIONS OF OTHER CONTRACTS: The obligations of Satworx and the terms of services and sales under these Terms & Conditions are subject to the terms of the agreements under which Satworx purchases the Services and Equipment from Suppliers (each an "Other Contract"). To the extent fulfillment of any obligations under these Terms & Conditions is not possible or permissible under an Other Contract, the Other Contract shall prevail and such obligation shall be suspended or modified to the extent required by the Other Contract.
RENTAL REFUNDS:

Refunds will not be made for airtime usage. In circumstances where a customer who has selected a bundled airtime plan is entitled to a full refund of rental fees less airtime usage, airtime will be charged at the “additional minute” rate specific to the rate plan chosen.
For rental refunds due to delivery failure, you must notify Satworx of delivery failure within two business days of the Required Date. The service will be suspended upon notification of non-delivery, and will not be usable for outgoing or incoming calls. Guarantee is valid only if no airtime has been used. Satworx is not responsible for recipient not being available to receive delivery, incorrect addresses or phone numbers, or insufficient delivery information placed on the initial order.
For refunds due to problems during the rental period, “Primary functions” include the ability to make and/or receive calls. “Secondary functions” include the ability to access or retrieve voicemail, incorrect documentation, defective accessories, and other problems. Delivery and return charges will not be refunded.
If you decide to return the rental kit upon receipt, and prior to departure on your trip, you must call and notify Satworx of intent to return the rental phone within two business days of receipt. The service will be suspended upon notification, and will not be usable for outgoing or incoming calls. Guarantee is valid only if no airtime has been used. Refund will be issued upon return of the unused rental phone and verification that no airtime was used. Delivery and return charges will not be refunded.
For refunds due to problems during the rental period, “Primary functions” include the ability to make and/or receive calls. “Secondary functions” include the ability to access or retrieve voicemail, incorrect documentation, defective accessories, and other problems. Delivery and return charges will not be refunded.
The customer in possession of the Satworx product or service must contact Technical Support directly in order to be eligible for the guarantee. If a call back is required the customer must provide Satworx Technical Support with a contact number that they can be reached at in order to be eligible for the guarantee.
Copy of hotel bill or other receipt must be provided for reimbursement of call charges to Satworx Technical Support.
If you do not call during your rental period to report that the service is not operational, and only contact us after your return, the full refund guarantee does not apply. Refunds for problems reported at the time of or after the rental kit’s return will be at Satworx’s discretion, as problems often cannot be verified or corrected once the rental has been returned.

PURCHASE REFUNDS/Replacements:

15-Day Refund Guarantee is valid only if no airtime has been used. You must notify Satworx of intent to return the rental phone within 15 days of delivery. The service will be suspended upon notification, and will not be usable for outgoing or incoming calls. Refund will be issued upon return of the unused equipment in original packaging and verification of no airtime usage.
For replacement of defective handsets, an equivalent model will be substituted if the original model is no longer offered by Satworx. o Iridium 9505A (refurbished)
Iridium 9505A (refurbished)
- Includes a six month warranty

ADDITIONAL POLICIES: Satworx reserves the right to modify the Satworx Terms and Conditions at any time. Notice of modifications to these Terms and Conditions may be given to Customer by posting such changes to the Satworx website located at www.Satworx.com, by electronic mail or by conventional mail.
AGREEMENT: Usage of equipment and/or services signifies acceptance of Satworx Terms and Conditions.
SUPPORT: Satworx will only provide technical support for our own products and services. Satworx will not provide technical support for 3rd party products or services that work in conjunction with our products and services.
FCC AUTHORITY: On May 12, 2006, the United States Federal Communications Commission (FCC) granted Stratos special temporary authorization to provide the BGAN service in the United States. Customer understands that this authority may be terminated or modified at any time by the FCC. In the event that this authority is terminated by the FCC, the BGAN service could still be used outside of the United States. The BGAN service is not yet authorized in Canada.
SERVICE SPECIFIC TERMS AND CONDITIONS:

Private Line Microwave Communications. Satworx resells a broadband, digital, point-to-point, common carrier
microwave network that serves locations in the Gulf of Mexico and onshore locations in Louisiana and Texas.
Customer may rent private line circuits ("Circuits") on the network in accordance with the rates, terms, and conditions
specified in the applicable quotation and these Terms and Conditions. A Circuit is a telecommunication channel
between two different locations specified by the Customer that are dedicated exclusively to the Customer’s use
and configured to meet the needs of Customer, as mutually agreed upon by Satworx and Customer. The bandwidth
of the Circuit will be as stated on the quotation. The Circuits may be connected to jurisdictionally intrastate communications
services or facilities, but no such services or facilities are provided under these Terms and Conditions.
Circuits may be relocated from any given Customer location to another Customer location provided that Customer
pays to Satworx the reasonable cost to remove and install any associated Equipment at the new location.
StratosMAX™ Services. StratosMAX is a point-to-multipoint OFDM (Othogonal Frequency Division Multiplexing)
service, using unlicensed spectrum at the 5.8GHz band. In no event will Satworx be liable for any damages
whatsoever, due to degradation or disruption of the service due to
1. obstructions in the line-of-sight between the Customer premise equipment (CPE) and Satworx’ base
  station(s), or
2. unavailability, disruption or inability to provide the Service due to frequency interference by a third party.
  Customer further acknowledges and understands that StratosMAX incorporates OFDM technology,
  however, StratosMAX has not obtained WiMax certification and is therefore does not meet the WiMax
  standard (IEEE 802.16 standard).
Satellite Communications Services.
1. Customer understands and acknowledges the following:
  1. Satworx and its parent and affiliated companies do not own or operate their own satellite
    communication system,
  2. Satworx and its parent and affiliated companies are resellers of Network Services, and
  3. Satworx purchases Network Services from third party suppliers (collectively the “Supplier(s)”),
    under strict contractual terms and conditions required of all resellers.
2. Services may be temporarily unavailable or limited because of capacity limitations, network equipment
  failures, distress or any other emergency pre-emption as required by Satworx or a Supplier. Services
  may also be temporarily interrupted or curtailed due to modifications, upgrades, repairs or similar activities
  of Satworx’ Supplier. The use and restoration of certain space segment is governed by Part 64,
  Subpart D of the FCC’s Rules and Regulations, which specify the priority system for such activities.
  Satworx has no liability for any Supplier networks.
3. The obligations of Satworx and the terms for the sale and provision of Network Services are subject to
  the terms of the agreements under which Satworx purchases the Network Services from its Suppliers
  (each an “Other Contract”). To the extent fulfillment of any obligation of Satworx under these Terms and
  Conditions is not permissible or possible under an Other Contract, the Other Contract will prevail and
  such obligation will be suspended or modified to the extent required by the Other Contract.
4. Improper Illumination. “Improper Illumination” is defined as any of the following:
  1. transmissions other than as specified in writing by Satworx, or
  2. transmissions of an incorrect frequency, or
  3. transmissions at excessive power levels, or
  4. any illumination that could cause harm to or interference on any transponder or space
    segment on any satellite. If Satworx detects or is informed of any Improper Illumination of any
    Service provided under these Terms and Conditions, Satworx will immediately notify
    Customer. Customer will take immediate corrective action to stop the Improper Illumination. If
    capable, and as soon as capable, Satworx will temporarily suspend, with no liability to
    Customer, any affected Services should Customer be unable to rectify the Improper Illumination
    within four (4) minutes from notification of the Improper Illumination to Customer as set
    forth in the preceding sentence. Such affected Services will be suspended until Customer
    demonstrates to Satworx’ sole satisfaction that the Improper Illumination is rectified. Customer
    will be charged and will pay any amount that Satworx is required to pay to its Suppliers or
    other telecommunications service provider(s) under any Other Contract due to any Improper
    Illumination attributable to Customer. Satworx will timely inform Customer in writing of any
    liability Satworx incurs as a result of such Improper Illumination. It is Customer’s responsibility
    to provide Satworx, on or before the Due Date, with a telephone number(s) at which Satworx
    can contact Customer twenty-four hours per day, seven days per week, 365/366 days per
    year. In addition, Satworx has the right, in its sole discretion, to take immediate action, including
    but not limited to suspending or terminating any affected Service(s), in order to protect
    Satworx’ services and/or interests
  5. StratosITek® Services. StratosITek is a contended service, for which a contention ratio is applicable. A
    weight-based fair queuing algorithm provides all customers with equal and fair access to network
    resources if no Customer specific QoS is implemented.
Terrestrial Services.
1. Customer understands and acknowledges the following:
  1. Satworx and its parent and affiliated companies do not own or operate their own terrestrial
    network,
  2. Satworx and its parent and affiliated companies are resellers of Network Services, and
  3. Satworx purchases Network Services from third party suppliers (collectively the “Supplier(s)”),
    under strict contractual terms and conditions required of all resellers.
2. The obligations of Satworx and the terms for the sale and provision of terrestrial Network Services are
  subject to the terms of the agreements under which Satworx purchases such terrestrial Network Services
  from its Suppliers (each an “Other Contract”). To the extent fulfillment of any obligation of Satworx under
  these Terms and Conditions is not permissible or possible under an Other Contract, the Other Contract
  will prevail and such obligation will be suspended or modified to the extent required by the Other
  Contract. SATWORX MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO THE AVAILABILITY
  OF TERRESTRIAL NETWORK SERVICES.

OUTAGE CREDITS
1. Subject to Clause 24(2) below and unless otherwise stated in a quotation, a pro rata credit allowance (“Outage
  Credit”) will be given to Customer for the total Outage period(s) during any given consecutive twelve (12) month
  period, not including the period permitted under the service availability commitment (e.g. for a service availability
  commitment of 99.5% in any given twelve (12) month period, Outages totaling 0.5% would not be subject to an
  Outage Credit). An Outage is defined as follows;
  1. for microwave Circuits (including StratosMAX), there is a complete loss of the ability to originate or
    receive voice or data communications for a continuous period of more than forty-eight (48) hours; or
  2. for fixed satellite services, there is a complete loss of the ability to originate or receive voice or data
    communications causing the service availability to fall below 99.5% in any twelve (12) month period.
2. For terrestrial (e.g. backhaul) services, Satworx will pass through to the Customer the service availability that it
  receives from its suppliers, if any. In the event of failure or degradation of a terrestrial service, Satworx will pass
  through and credit Customer’s account with a rebate equal to the rebate that Satworx receives from its suppliers,
  if any.
3. An Outage Credit, if any, will be applied against the charges payable to Satworx under these Terms and Conditions
  and will be expressly indicated on the final invoice to Customer of the calendar year in which Outage Credit applies,
  for the period of the Outage, or prorated portion thereof, after written request to Satworx. No other liability may in
  any event attach to Satworx on account of interruption or failure to provide Network Services. All Outage Credit(s)
  will be treated as liquidated damages and not as penalties. Outage Credit(s) do not apply to Outages,
  1. caused by Force Majeure,
  2. caused by the negligence of Customer or others authorized by Customer when using Equipment related
    to the Network Services,
  3. caused by power failures or similar occurrences, such as perforation activity, not provided by or attributable
    to Satworx,
  4. occurring during periods when Customer has elected not to allow for testing or repair,
  5. caused by rain fade, solar outages or flares, extreme weather,
INDEMNITY AND LIMITATION OF LIABILITY
1. DEFINITIONS
  1. THE TERM “SATWORX GROUP” MEANS SATWORX, ITS PARENTS, SUBSIDIARY AND AFFILIATED
    COMPANIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, INSURERS,
    JOINT VENTURERS, CONSULTANTS AND AGENTS OF ALL OF THE FOREGOING.
  2. THE TERM “CUSTOMER GROUP” MEANS CUSTOMER, ITS PARENT, SUBSIDIARY AND AFFILIATED
    COMPANIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES,
    INSURERS, JOINT VENTURERS, CONSULTANTS AND AGENTS OF ALL OF THE FOREGOING.
2. EXCEPT FOR OUTAGE CREDITS AS SET FORTH IN ARTICLE 24, NEITHER SATWORX GROUP NOR ANY OF
  ITS SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES,
  INSURERS, SUBSIDIARIES AND AFFILIATED (INCLUDING PARENT) COMPANIES, AND THEIR EMPLOYEES,
  REPRESENTATIVES, OFFICERS AND DIRECTORS, WILL BE LIABLE ON ANY BASIS WHATSOEVER FOR
  ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES
  (INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFIT, LOSS ARISING FROM OR
  ATTRIBUTABLE TO FAILURE TO REALIZE ANTICIPATED SAVINGS, OR LOSS OF PRODUCTION, EQUIPMENT
  OR DATA) EVEN IF A PARTY KNEW OR HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD
  OF SUCH DAMAGES, IN CONNECTION WITH THE PROVISION OR FAILURE TO PROVIDE THE NETWORK
  SERVICES, FOR ANY REASON WHATSOEVER AND HOWSOEVER ARISING. SATWORX’ LIABILITY IN CONTRACT,
  TORT OR OTHERWISE , INCLUDING ANY LIABILITY FOR NEGLIGENCE, HOWSOEVER ARISING
  OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF SATWORX’ OBLIGATIONS UNDER THIS
  AGREEMENT WILL BE LIMITED TO THE REMEDIES PROVIDED HEREIN.
3. INJURY TO CUSTOMER AGENTS/EMPLOYEES; DAMAGE/DESTRUCTION TO SATWORX AND CUSTOMER
  PROPERTY.
  1. CUSTOMER WILL PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS SATWORX GROUP
    FROM AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTIONS, LOSSES AND EXPENSES
    (INCLUDING ATTORNEYS’ FEES) OF EVERY TYPE AND CHARACTER, WITHOUT LIMIT AND WITHOUT
    REGARD TO THE CAUSE OR CAUSES THEREOF, ARISING OUT OF OR RELATED IN ANY
    WAY TO THE PROVISION OF THE NETWORK SERVICES, OR TO THESE TERMS AND CONDITIONS,
    WHICH ARE ASSERTED IN FAVOR OF CUSTOMER GROUP, OR CUSTOMER’S CONTRACTORS
    OR SUBCONTRACTORS, OR THE AGENTS, EMPLOYEES, REPRESENTATIVES
    (INCLUDING THE SPOUSES OR RELATIVES OF ANY SUCH AGENTS, EMPLOYEES OR REPRESENTATIVES)
    OF CUSTOMER GROUP, ITS CONTRACTORS OR SUBCONTRACTORS DUE TO
    PERSONAL INJURY OR DEATH, OR DAMAGE, LOSS OR DESTRUCTION OF PROPERTY,
    WHETHER OR NOT CAUSED BY THE SOLE, JOINT AND/OR CONCURRENT NEGLIGENCE OF
    SATWORX GROUP. THE FOREGOING INDEMNITY WILL NOT APPLY TO PERSONAL INJURY OR
    DEATH, OR DAMAGE, LOSS OR DESTRUCTION OF PROPERTY CAUSED BY THE GROSS NEGLIGENCE
    OR WILFUL MISCONDUCT OF SATWORX GROUP.
4. EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, SATWORX AND CUSTOMER WILL PROTECT,
  DEFEND, INDEMNIFY AND HOLD HARMLESS EACH OTHER FROM ALL THIRD PARTY CLAIMS, DEMANDS,
  CAUSES OF ACTION, LOSSES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) OF EVERY TYPE AND
  CHARACTER FOR PERSONAL INJURY, DEATH OR LOSS OF OR DAMAGE TO PROPERTY, INCLUDING
  DAMAGE TO THE ENVIRONMENT, RESULTING FROM THE INDEMNITOR’S NEGLIGENCE OR WILLFUL
  MISCONDUCT. WHERE SUCH THIRD PARTY'S PERSONAL INJURY, DEATH OR LOSS OF OR DAMAGE TO
  PROPERTY RESULTS FROM THE JOINT NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTIES, THE
  INDEMNITOR’S DUTY OF INDEMNIFICATION WILL BE IN PROPORTION TO ITS ALLOCABLE SHARE OF
  JOINT NEGLIGENCE OR WILLFUL MISCONDUCT. IF EITHER PARTY IS HELD STRICTLY LIABLE UNDER ANY
  APPLICABLE LAW, THE OTHER PARTY’S DUTY OF INDEMNIFICATION WILL BE IN THE SAME PROPORTION
  THAT ITS NEGLIGENCE OR WILLFUL MISCONDUCT CONTRIBUTED TO THE THIRD PARTY'S PERSONAL
  INJURY, DEATH OR LOSS OF OR DAMAGE TO PROPERTY. FOR THE AVOIDANCE OF DOUBT, WHERE
  SATWORX IS THE INDEMNITOR, THE INDEMNITEE IS CUSTOMER GROUP, AND WHERE CUSTOMER IS
  THE INDEMNITOR, THE INDEMNITEE IS SATWORX GROUP.
5. CUSTOMER AGREES TO INDEMNIFY AND DEFEND AND HOLD HARMLESS SATWORX AND ITS AFFILIATES,
  DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, ASSIGNS AND SUPPLIERS FROM AND AGAINST
  ANY AND ALL LIABILITY, CLAIMS, ACTIONS, LOSSES, DAMAGES (INCLUDING DAMAGE TO PROPERTY
  AND PERSONAL INJURY) AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR RELATING
  TO
  1. CUSTOMER’S USE OR MISUSE OF THE NETWORK SERVICES, AND/OR
  2. CUSTOMER’S BREACH OF THESE TERMS AND CONDITIONS, AND/OR
  3. ANY CLAIMS OR ACTIONS FOR LIBEL, DEFAMATION, SLANDER, INVASION OF PRIVACY, PATENT,
    COPYRIGHT OR TRADEMARK INFRINGEMENT, OR THE VIOLATION OF ANY THIRD-PARTY INTELLECTUAL
    PROPERTY RIGHTS, ARISING IN CONNECTION WITH THE USE OR MISUSE OF THE
    NETWORK SERVICES, AND/OR
  4. ANY CLAIM OR ACTION FOR PATENT INFRINGEMENT RESULTING FROM CUSTOMER’S USE (OR
    USE BY ANY OF ITS AFFILIATES, OR USE OF BY ANY OF ITS AFFILIATES, AGENTS, SUBCONTRACTORS,
    EMPLOYEES, ASSIGNS OR OTHERWISE) OF THE NETWORK SERVICES IN COMBINATION
    WITH THE EQUIPMENT, HARDWARE, SOFTWARE, SYSTEMS, CABLING, FACILITIES OR
    SERVICES NOT PROVIDED HEREUNDER BY SATWORX.
6. EXCEPT FOR ANY INDEMNITY OBLIGATIONS OR A BREACH THEREOF, THE TOTAL, AGGREGATE LIABILITY
  OF SATWORX TO CUSTOMER FOR ANY AND ALL CLAIMS WHATSOEVER RELATED TO THE NETWORK
  SERVICES OR THESE TERMS AND CONDITIONS FOR DAMAGES TO CUSTOMER (OR TO ANY AFFILIATE
  OF CUSTOMER) FOR ANY CLAIMS WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER
  IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, HOWSOEVER ARISING SHALL BE
  LIMITED TO DAMAGES ACTUALLY PROVEN AS DIRECTLY ATTRIBUTABLE TO SATWORX, AND FURTHER
  LIMITED TO AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF PAYMENTS MADE BY CUSTOMER
SOFTWARE LICENSE
1. If applicable, upon installation of Equipment, Satworx grants to Customer a fully paid, non-exclusive,
  non-sublicensable and non-transferable license and/or sublicense to use the software provided with the Equipment,
  including any third party software (the “Software”), for as long as Customer is entitled to use the Equipment.
  Customer may use the Software only in machine-readable, object code form. Third party software may be subject
  to additional terms and conditions described in the applicable third party software user documentation, and to the
  extent that those terms conflict with the terms of these Terms and Conditions, the third party terms will control.
  Customer may use the Software only for internal business purposes and only in connection with the Equipment.
  Customer may not assign, transfer, pledge, rent, share, copy or sublicense any of the Software. Customer further
  agrees not to reverse engineer, decompile or otherwise attempt to discover the source code of the Software.
2. If the Customer using the Equipment or Software is the U.S. Government, then the following restrictions apply:
  1. The Software provided is software developed at private expense and is not in the public domain.
  2. The Software is provided to non-Department of Defense government agencies with RESTRICTED
    RIGHTS and its supporting documentation is provided with LIMITED RIGHTS. Use, duplication, or
    disclosure by the Government is subject to the restrictions as set forth in subparagraph "C" of the
    Commercial Computer Software - Restricted Rights clause at FAR 52.227-19.
  3. In the event the Software is provided to a Department of Defense government agency, the Government's
    rights in the Software, supporting documentation, and technical data are governed by the restrictions in
    the Technical Data Commercial Items clauses at DFARS 252.227-7015 and DFARS 227.7202.
INTELLECTUAL PROPERTY: Other than as specifically set forth in Article 26 above, no licenses or any rights of any kind under any patent, copyright and rights to create derivative works, trademark, trade secret, service mark, mask works or other form of intellectual property (collectively “Intellectual Property Rights”) are granted by either Party or are to be implied by these Terms and Conditions or arisen by estoppel.
IMPLIED WARRANTIES: EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THESE TERMS AND CONDITIONS, ALL
WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE OR
OTHERWISE, IN RESPECT OF THE NETWORK SERVICES OR THE SATWORX FACILITIES, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, DURABILITY OR FITNESS FOR A PARTICULAR
PURPOSE ARE HEREBY DISCLAIMED.

THE SATELLITE WORKS, INC. (SATWORX) TERMS AND CONDITIONS GOVERN THE PURCHASE OR RENTAL OF EQUIPMENT AND/OR SERVICES.

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