NETMOTION WIRELESS, INC. MOBILITY END USER LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE:
This NetMotion Wireless, Inc. End User License Agreement (“EULA”) is a legal agreement between you
(either an individual or a single entity) and NetMotion Wireless, Inc. (“NetMotion”) for the enclosed
NetMotion software product, which includes computer software object code and associated documentation
("Software"). The terms of this EULA apply to your use of the Software, whether your use is time-limited
for “evaluation” purposes (“Evaluation License”) or long-term (“Permanent License”). The Software also
includes any updates and supplements to the original Software provided to you by NetMotion. Any third
party product provided along with the Software that so requires is licensed to you under the terms of that
license agreement as more fully described below.
By installing, copying, downloading, accessing or otherwise using the Software, you agree to be bound by
the terms of this EULA. If you do not agree to the terms of this EULA, do not use or install the Software.
If you have purchased the Software, promptly return the Software and all accompanying materials with
proof of purchase to your place of purchase for a refund.
1. SOFTWARE LICENSE. The Software is confidential and protected by United States and international
patent and copyright laws and treaties, as well as other intellectual property laws and treaties. The
Software is licensed, not sold.
2.
GRANT OF EVALUATION LICENSE. NetMotion grants you a limited, royalty-free, nontransferable, non-exclusive, license to install and use the Software as an integrated product provided that
you comply with the terms and conditions of this EULA.
GRANT OF PERMANENT LICENSE. Upon receipt of payment by NetMotion or its authorized
Resellers, as provided herein, NetMotion grants you a perpetual, fully paid-up, non-transferable, nonexclusive, worldwide (subject to applicable export restrictions) limited license to install and use the
Software as an integrated product for internal business purposes, provided that you comply with the terms
and conditions of this EULA.
2.1. Install and Use Server Component. You may install and use a copy of the server component of the
Software on as many Servers as you are licensed to use the server component of the Software. For
purposes of this EULA, “Server” means any computer on which the server component of the Software is
installed or used.
2.2. Install and Use Client Component. You may install the number of copies of the client component of
the Software for which you have obtained a license on devices solely for your internal use.
2.3. Reservation of Rights. NetMotion, its suppliers and licensors reserve all rights not expressly granted
under this EULA.
3. LIMITATIONS.
3.1. Limitations on Use, Modifying, Copying, Publishing and Redistributing. NetMotion and its
suppliers and licensors retain all ownership of the Software, and all modifications and copies thereof,
including all copyrights and other intellectual property rights therein. Except as expressly provided in this
EULA, you may not modify, make copies, publish for others to copy, or redistribute the Software or the
printed materials accompanying the Software. You may make copies of the Software only for archival and
backup purposes and one copy of electronic documentation accompanying the Software for each license
you have acquired for the Software. You must include all applicable copyright notices and other
proprietary rights legends that come with the Software, unaltered and unobscured, in any copies you make.
You may keep the original media on which NetMotion provided the Software solely for backup or archival
purposes. If the original media is required to use the Software, you may make one copy of the Software
solely for backup or archival purposes. You shall not provide copies of the Software to any third party.
3.2. Limitations on Reverse Engineering, Decompiling and Disassembly. The Software in both object

code and source code form includes valuable trade secret information of NetMotion and its licensors. You
may not modify the Software or make derivative works thereof, reverse engineer, decompile, or
disassemble the Software or otherwise attempt to gain access to the source code for the Software, except
and only to the extent expressly permitted by applicable law notwithstanding this limitation.
3.3. Limitations on Transfer. You may not rent, lease, sell, sublicense, lend or otherwise transfer or assign
your rights or obligations under this EULA to any person or entity without the prior written consent of
NetMotion. Such consent may be conditioned on the payment of additional license fees or the imposition of
additional transfer restrictions.
4. PAYMENT TERMS. You agree to pay for a Permanent License, maintenance and support when and as
indicated in the quotation and invoice issued by NetMotion or its authorized Reseller. Further, you agree to
pay all value added, sales, use and other taxes resulting from this Agreement or your use of the Software,
exclusive of taxes imposed directly on NetMotion or its authorized Resellers.
5. TERMINATION. The term of this Agreement shall commence on the date on which you accept this
EULA and shall continue until terminated as provided hereinafter. If you have received an Evaluation
License, your license to such version of the Software will terminate the date it times out. If you violate any
term of this EULA, NetMotion may terminate this EULA without waiving any other rights. If your EULA
is terminated, you must destroy all copies of the Software and, on request of NetMotion, certify said
destruction. All amounts paid by you to NetMotion prior to termination shall be non-refundable. No
termination of this Agreement shall in any way affect the rights, duties or obligations of either you or
NetMotion which have accrued prior to the date of such termination.
6. SAFEGUARDS/AUDIT RIGHTS. You agree to: (i) implement internal safeguards to prevent any
unauthorized copying, distribution, or use of the Software; (ii) provide NetMotion with written certification
of the number of copies of the Software installed or used on request, and (iii) to allow NetMotion to audit
your premises and systems for compliance with this EULA during regular business hours. NetMotion will
pay for the cost of the audit unless the audit shows a discrepancy in the number of copies of the Software
used over the licenses you have acquired, in which event, you shall pay for the cost of the audit.
7. EXPORT LAWS; FOREIGN CORRUPT PRACTICES. You acknowledge that the Software is of
U.S. origin. You agree to comply with all applicable international and national laws that apply to the
Software, including the US Export Administration Regulations (15 CFR, Parts 730-774, as well as enduser, end-use and destination restrictions issued by U.S. and other governments. The Software contains
encryption and cannot be exported outside the United States or Canada without a U.S. Commerce
Department export license or applicable license exception. You agree that you will not directly or
indirectly export, re-export or import the Software (or portions thereof) other than to Canada, without first
obtaining an export license or determining that a license exception is authorized and applicable and
notifying NetMotion in writing of such export. You further agree that you will avoid any activity that
violates U.S. or local laws, including the U.S. Foreign Corrupt Practices Act.
8. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is commercial computer software and
documentation developed exclusively at private expense, and in all respects is proprietary data belonging
solely to NetMotion. If the Software is acquired by or on behalf of agencies or units of the Department of
Defense (DoD), then, pursuant to DoD FAR Supplement Sections 227.7201 through 227.7202 and its
successors (48 C.F.R. 227.7201-227.7202) the Government's right to use, reproduce or disclose the
Software is subject to the restrictions of this EULA. If the Software is acquired by or on behalf of civilian
agencies of the United States Government, then, pursuant to FAR Sections 2.101 and 12.212 and its
successors (48 C.F.R. 2.101 and 48 C.F.R. 12.212), the Government's right to use, reproduce or disclose the
Software is subject to the restrictions of this EULA.
9. GOVERNING LAW AND ATTORNEYS' FEES. Without regard to the conflict of laws rules, this
EULA is governed by the laws of the State of Washington, USA, and specifically excludes the United
Nations Convention on Contracts for the International Sale of Goods. In any action or suit to enforce any
right or remedy under this EULA or to interpret any provision of this EULA, the prevailing party will be
entitled to recover its costs, including reasonable attorneys' fees.
10. ENTIRE AGREEMENT. This EULA constitutes the entire agreement between you and NetMotion

with respect to your right to use the Software, and replaces all other agreements or representations, whether
written or oral. Terms contained in the quotation and invoice issued by NetMotion or its authorized
Resellers, and in any purchase order issued by you, are hereby incorporated by reference solely for the
purpose of identifying the quantity and type of client and server licenses and modules purchased, the level
of maintenance and support to be provided, the rate at which such products and services shall be paid and
the payment terms applicable to the licensing of such Software and services. In all other respect, the terms
of this EULA cannot be modified by any terms in any printed forms used by the parties in performing the
EULA, and can only be modified by express written consent of both parties. If any part of this EULA is
held to be unenforceable as written, it will be enforced to the maximum extent allowed by applicable law,
and will not affect the enforceability of any other part. The original of this EULA is in English. If it is
translated into another language, the English language version shall prevail.
11. LIMITED WARRANTY. For a period of ninety (90) days from the date of shipment or download
from NetMotion of the Software, NetMotion warrants that (a) the unmodified Software will perform
substantially in accordance with the accompanying written materials when used as directed, and (b) the
media upon which the Software is delivered will be free of defects. This Limited Warranty is void if failure
of the Software has resulted from modification, accident, abuse, or misapplication.
12. EXCLUSIVE REMEDY. Your exclusive remedy with respect to any breach of the Limited Warranty
is, at NetMotion's option, either repair or replacement of the non-conforming Software or return of the prorata price you paid for the non-conforming Software. You must return all non-conforming Software to
NetMotion with your proof of purchase to be entitled to this remedy. Outside the United States, neither
these remedies nor any product support services offered by NetMotion are available without proof of your
purchase from an authorized international source.
13. NO OTHER WARRANTIES. TO THE FULL EXTENT PERMITTED BY LAW, NETMOTION
AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, WITH REGARD TO THE SOFTWARE.
14. LIMITATION OF LIABILITY. NETMOTION AND ITS LICENSORS WILL NOT BE LIABLE
FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS OR CONFIDENTIAL INFORMATION, LOSS OF
PRIVACY, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SOFTWARE, EVEN IF NETMOTION OR ITS LICENSORS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, THE ENTIRE LIABILITY OF
NETMOTION AND ITS LICENSORS UNDER THIS AGREEMENT AND LIMITED WARRANTY
SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE THAT
CAUSES THE DAMAGE.
15. THIRD PARTY SOFTWARE. The Software may contain or be distributed with software code or
products from third parties (“Third Party Software”) NetMotion has secured all necessary rights from such
third parties to use, distribute and sublicense such Third Party Software in conjunction with the Software.
Any Third Party Software so requiring, is sub-licensed to you under the terms of that Third Party License.
The terms of any such Third Party License apply only to the specific software code or product of the named
third party and do not extend to any other portion of the Software licensed by NetMotion, or other third
party intellectual property, including trademarks. In any event, the disclaimer of warranty and limitation of
liability provisions of this EULA shall apply to all of the Software, including Third Party Software.
Applicable Third Party Licenses are available at www.netmotionwireless.com/legal-and-copyright.aspx.
Revision Date: April 24, 2012

