O draft [NO.]: [Date] Marked to show changes from draft [No.]: [Date] ur Customer Terms Page of



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For some components of the Telstra Global Wi-Fi service, Telstra will supply you with software and services that it acquires from iPass under a reseller relationship. You agree to be bound by these Terms of Use in relation to the software and services that Telstra acquires from iPass and provides to you.

  • You acknowledge and agree that you are responsible for End Users use of the Service and any breach of these Terms of Use by an End User using the Service through you is a breach by you.


    Software Licence
      1. Subject to the terms and conditions of these Terms of Use, Telstra grants you a worldwide, non-exclusive, non-transferable licence to reproduce (on all eligible Smart Devices and eligible Desktops from which you use the Service and for backup and archival purposes) and execute the Client Software solely to enable your use of the Service. Each End User may use the Client Software on up to three of their own eligible Desktops or eligible Smart Devices.


    Software Restrictions
      1. Except as permitted by law which cannot be excluded, you agree not to cause or permit the reverse engineering, translation, disassembly, or decompilation of the Software and you further agree not to attempt to derive the source code of the Software, whether in whole or in part.

      2. Where a law gives you the right to do so to obtain information necessary to enable the Software to interoperate with other software, you must first notify Telstra of your desire to reverse engineer the Software, and Telstra may, in its discretion, either provide such information to you, or impose reasonable terms and conditions on such use of the Software to ensure that Telstra and its supplier's proprietary rights are protected.


    Software Ownership
      1. You acknowledge and agree that the Software is licensed and not sold. As between the parties, Telstra or its relevant suppliers will retain all title, copyright and other proprietary rights in and to the Service, the Software, and any other technology, services, or materials that Telstra may provide to you under this Service Schedule. For the avoidance of doubt, you acknowledge that no right to or licence in the source code for the Software is granted to you under these Terms of Use. You will not obfuscate, alter, or remove any copyright, trademark, or other proprietary notice or legend on or in the Software or any iPass web content and will include all such markings in all copies of such materials. You acknowledge and agree that Telstra may disclose your usage data to its suppliers and other third parties for the purpose of providing the Service and Software to you.


    Service Use Restrictions
      1. You will not use the Service to take any actions that:


          1. infringe on any third party's copyright, patent, trademark, trade secret, privacy or other proprietary rights;

          2. violate any applicable law, statute, ordinance or regulation (including without limitation those regarding export control);

          3. are defamatory, threatening, harassing, or obscene; or

          4. interfere with or disrupt Telstra's (or Telstra's suppliers) network, other users, services or equipment. Disruptions include distribution of unsolicited bulk emails or chain letters; causing an excessive or disproportionate load on Telstra's (or its suppliers') infrastructure; distribution of viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; and the unauthorised entry to any machine accessible via the network.
      1. You may not resell or redistribute any of the Services and you will comply with the usage policies of Telstra and its applicable suppliers, which Telstra will make available to you.


    Termination
      1. Notwithstanding any other clause in this Agreement, if you fail to comply with these Terms of Use then Telstra may provide you with written notice of your breach and if you do not cure such breach within 15 days following the notice date, Telstra may suspend or terminate your access to the Service.

      2. In the event of suspension or termination, you must destroy all copies of the Software.


    Disclaimer of Warranty
      1. To the extent permitted by law, the Software, the Service, the documentation Telstra provides you for this Service, and all other associated material is provided to you “as-is” and Telstra makes no guarantee or representation, express or implied, relating to the suitability or capability of the Software and Service for your needs.

      2. Due to the nature of the services, Telstra cannot and does not warrant that the services will be continuous, timely or error-free or that the Service will be available on a certain date or time. You acknowledge that disconnection may occur from time to time and that access to the network cannot be guaranteed.


    Limitation of Liability
      1. Telstra and its suppliers exercise no control whatsoever over the content of the information passing through its systems. Telstra acknowledges that use of any information obtained via the Service is at your own risk and Telstra (and its suppliers) specifically deny any responsibility for the accuracy or quality of information obtained through the Service.

    1. Withdrawal of Data Packs, Introduction of Extra Data


    Background and Application
      1. From 12 May 2015, we’re making changes to how we charge for data when you go over your included Monthly Data Allowance. You’ll no longer be able to purchase data packs, except for certain plans, and instead our new Extra Data charging model will apply.



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