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Inseego Privacy Policy

Last reviewed: June 1, 2021

Inseego Corp. and its affiliates ("Inseego" or "We") respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect or that you may provide when you install, access, or use our Websites, Apps and Cloud services (collectively, our “Services”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies only to information we collect in the Services described below, including for example information submitted to our Services and in email, text, and other electronic communications sent through or in connection with the Services. This policy DOES NOT apply to information that we collect offline or outside of the Services, or that you provide to any third party in connection with any Services (see Third-Party Information Collection).

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with or use a Service. By downloading, registering with, or using a Service, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Service after we revise this policy means you accept those changes, so please check the policy periodically for updates.

Children Under the Age of 16

Our Services are not intended for children under 16 years of age, and we do not knowingly collect personal information from children under 16. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contacting us via any method listed at the end of this policy.


Information We Collect and How We Collect It

We collect information from and about users of our Services:

  • Directly from you when you provide it to us (for example by a contact form submission or by entering information into our App).
  • Automatically when you use our Service (for example, if our App is used to collect location information for product installation purposes).

Information You Provide to Us.  When you download, register with, or use our Services, we may ask you provide information:

  • By which you may be personally identified, such as name, postal address, email address, telephone number, or any other identifier by which you may be contacted online or offline, billing information or credit card information ("personal information").  This also includes biometric information (such as face ID or fingerprint) if you choose to enable such features for user authentication, and log data (such as credentials used to access your account or services).
  • That is about you but individually does not identify you, such as configuration information about our product that you are installing, data usage, and pictures of your location and locations where our products are installed.

This information includes:

  • Information that you provide by filling in forms in our Services. This includes information provided at the time of registering to use a Service, and requesting further services. We may also ask you for information when you report a problem with a Service.
  • Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.

Automatic Information Collection.  When you download, access, and use our Service, it may use technology to automatically collect:

  • Usage Details. When you access and use our Service, we may automatically collect certain details of your access to and use of the Service, including location data, and other communication data and the resources that you access and use on or through the Service.
  • Device Information. We may collect information about your electronic device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, the device's telephone number, and similar information about the products that you install in connection with your use of the Service.
  • Stored Information and Files. Our App also may access metadata and other information associated with pictures you take or use with the App.
  • Location and Performance Information. Our App or Cloud service may collect real-time information about the location of your device and information about your wireless network service performance.

If you do not want us to collect this information do not use or register for our Website or Cloud service or download, register for or use our App or delete the App from your device. Note, however, that deleting the App will prevent its use to assist with the installation of our fixed wireless access (“FWA”) products or other purpose.

The technologies we use for automatic information collection may include cookies (or mobile cookies). A cookie is a small file placed on your device. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your device. However, if you select this setting you may be unable to access or benefit from certain parts of our Services.

Third-Party Information Collection

If our Service is used in connection with a third party service, such as if our Service is provided in connection with a device that you’ve acquired from a wireless network provider, when you use the Service, the network provider may use automatic information collection technologies to collect information about you or your device. These third parties may include your wireless network provider and their affiliated service providers. 

These third parties may use tracking technologies to collect information about you when you use our Service. The information they collect may be associated with your personal information or they may collect information, including personal information, about your use of the Service and connected devices.  They may use this information to provide you with services or targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly and review their privacy policies.

How We Use Your Information

We use information that we collect about you or that you provide to us to:

  • Provide you with the Service and any other information, products or services that you request from us.
  • Fulfill any other purpose for which you provide it.
  • Give you notices about your account/subscription, including expiration and renewal notices.
  • Fulfill our contractual and legal obligations and enforce our rights arising from any contracts entered into between you or your employer and us, including for billing and collection or account administration.
  • Notify you when Service updates are available, and of changes to any products or services we offer or provide though it.

The usage information we collect helps us to improve our Services and to deliver a better and more personalized experience by enabling us to:

  • Estimate our usage patterns.
  • Store information about your location, product configuration and preferences, allowing us to provide services to you (such as App-based device installation assistance and cloud-based device management services), and to customize our Service according to your individual service needs.
  • Recognize you when you use the Service.

We may use location information we collect in connection with your use of our App or Cloud service to provide the Service, for example to help you install your Inseego product in an appropriate or optimal location. 

We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see Your Choices About Our Collection, Use, and Disclosure of Your Information.

How We Use Your Information

We use information that we collect about you or that you provide to us to:

  • Provide you with the Service and any other information, products or services that you request from us.
  • Fulfill any other purpose for which you provide it.
  • Give you notices about your account/subscription, including expiration and renewal notices.
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and  collection.
  • Notify you when Service updates are available, and of changes to any products or services we offer or provide though it.

The usage information we collect helps us to improve our Services and to deliver a better and more personalized experience by enabling us to:

  • Estimate our usage patterns.
  • Store information about your location, product configuration and preferences, allowing us to provide services to you (such as App-based device installation assistance and cloud-based device management services), and to customize our Service according to your individual service needs.
  • Recognize you when you use the Service.

We may use location information we collect in connection with your use of our App or Cloud service to provide the Service, for example to help you install your Inseego product in an appropriate or optimal location.

We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see Your Choices About Our Collection, Use, and Disclosure of Your Information.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.

In addition, we may disclose personal information that we collect or you provide:

  • To our subsidiaries and affiliates for use in connection with providing you service.
  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Service users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • With your consent.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce our rights arising from any contracts entered into between you and us, including the terms of use for a Service, terms of sale of our products and services, and for billing and collection.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Inseego, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Your Choices About Our Collection, Use, and Disclosure of Your Information

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.

  • Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Service may then be inaccessible or not function properly.
  • Targeted Advertising by the Inseego. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by adjusting your user advertising preferences in your account profile by checking or unchecking the relevant boxes or by contacting us via any method listed at the end of this policy.

Accessing and Correcting Your Personal Information

You can review and change your personal information by logging into the Service you are receiving from us and visiting your account profile page.

You may also contact us via any method listed at the end of this policy to request access to, correct, or delete any personal information that you have provided to us. We cannot delete all of your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Retention and Disposal of Personal Information

We will retain your personal information as needed to fulfill the purposes for which it was collected. We will retain and use your personal information as necessary to comply with our business requirements, legal obligations, resolve disputes, protect our assets, and enforce our rights and agreements.

We will not retain personal information in identifiable form when the purpose(s) for which the personal information was collected have been achieved and, there is no legal or business need to retain such personally identifiable information. Thereafter, the data will either be destroyed, deleted, anonymized, and/or removed from our systems.

We will retain your personal information as needed to fulfill the purposes for which it was collected. We will retain and use your personal information as necessary to comply with our business requirements, legal obligations, resolve disputes, protect our assets, and enforce our rights and agreements.

We will not retain personal information in identifiable form when the purpose(s) for which the personal information was collected have been achieved and, there is no legal or business need to retain such personally identifiable information. Thereafter, the data will either be destroyed, deleted, anonymized, and/or removed from our systems.

Rights to Withdraw Consent and to Object

Where the processing of your personal information is based on consent, you may withdraw such consent (subject to appliable contractual and legal restrictions) at any time without affecting the lawfulness of processing based on consent before its withdrawal.

You may object, at any time and on legitimate grounds relating to your particular situation, to the processing of your personal information, including for marketing purposes as well as profiling related to such marketing activities by contacting us via the information posted below. You also have the right to lodge a complaint with the competent supervisory authority.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Service, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Service. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

International Transfer, Processing and Storage of Personal Information

Certain of our services are provided internationally. We may transfer your personal information to our operations in the United States of America, to any Inseego subsidiary worldwide, or to third parties and business partners that are located in various countries around the world. By using our websites and or providing any personal information to us, where applicable law permits, you acknowledge and accept the transfer, processing, and storage of such information outside of your country of residence where data protection standards may be different. Even if data protection standards are different, we will comply with all applicable legal requirements related to the transfer, processing and storage of personal information. We are committed to the protection of your personal information that we process in line with the data protection principals set out in the European Union’s (“EU”) General Data Protection Regulation 2016 (“GDPR”).

If and when transferring your personal data outside the EU or European Economic Area (“EEA”), we will only do so using one of the following safeguards:

a.) the transfer is to a non-EEA country that has been the subject of an adequacy decision by the EU Commission;

b.) the transfer is covered by a contractual agreement, which covers the GDPR requirements relating to transfers to countries outside the EEA; or

c.) the transfer is to an organization which has binding corporate rules approved by an EU data protection authority.

International transfers to our affiliates and subsidiaries company are governed by EU Commission-approved Standard Contractual Clauses for Controllers and, where relevant, for Processors.

We may also transfer your data to third-party vendors outside the EU, such as our customer relationship management system and network service providers. Where we do so, the Standard Contractual Clauses or other safeguards approved by the EU Commission are in place to safeguard that personal data. You may request a copy of these agreements by contacting us using the contact information listed at the end of this policy.

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit our Privacy Policy California Supplement at California Supplement Policy.

Changes to Our Privacy Policy

We may update our privacy policy from time to time. If we make material changes to how we treat our users' personal information, we will post the new privacy policy on this page with a notice that the privacy policy has been updated and notify you through email or an in-Service alert the first time you use the Service after we make the change.

The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, please do not hesitate to contact us at:

Chief Privacy Officer
Attn: Legal Department
9710 Scranton Road, Suite 200
San Diego, CA 92121

Phone: (877) 698-6481
Email: [email protected]
Postal Address:Inseego Corp.


Terms of Use

Acceptance of the Terms of Use

Last Modified: July 29, 2020
These terms of use are entered into by and between You and Inseego Corp. ("Company," "we," or "us"). The following terms and conditions ("Terms of Use") govern your access to and use of www.inseego.com, including any content, functionality and services offered on or through www.inseego.com (the "Website"), whether as a guest or a registered user. 

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found above incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.  

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

· Making all arrangements necessary for you to have access to the Website.

· Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security

information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as

follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide {Invalid hyperlink URL} with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the terms Inseego, MIFI, Skyus, Ctrack, Novatel Wireless, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with

these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of  the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Content Standards

These content standards apply to any and all information or other data you provide (“User Contributions”). User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS  AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Diego and County of San Diego, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Inseego Corp. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by Inseego Corp., 9710 Scranton Road, Suite 200, San Diego, California 92121.


Terms and Conditions

Terms and Conditions for Devices and Hardware

(Revised June 8, 2020)

1. Sale and License

1.1. All purchases and sales of products, including all parts, spare parts and components thereof (the “Products”) or services (the “Services”) between Buyer and Inseego Corp., and/or its affiliated companies (collectively, “INSEEGO”), shall be made pursuant to INSEEGO ‘s quote and/or order acknowledgment and shall be governed by these Terms and Conditions. These Terms and Conditions and INSEEGO’s quote and/or order acknowledgement shall constitute the entire agreement between the parties pertaining to the subject matter hereof and shall supersede all prior or contemporaneous oral or written negotiations, agreements, understanding or representations with respect thereto. These Terms and Conditions shall supersede any conflicting provision contained in any purchase order of Buyer. Unless otherwise agreed in writing, nothing contained in any purchase order of Buyer shall in any way modify or add any provision to these Terms and Conditions. These Terms and Conditions may not be amended, or any provision hereof waived in any way except by an instrument in writing signed by both parties. IN THE EVENT THAT INSEEGO’S QUOTE IS DEEMED AN OFFER, ACCEPTANCE BY BUYER OF SUCH OFFER IS EXPRESSLY LIMITED TO THE TERMS CONTAINED HEREIN. ISSUANCE BY BUYER’S OF A PURCHASE ORDER SHALL BE DEEMED AN ACCEPTANCE OF THESE TERMS AND CONDITIONS. IN THE EVENT THAT COMPANY’S ORDER ACKNOWLEDGMENT IS DEEMED AN ACCEPTANCE OF BUYER’S PURCHASE ORDER, SUCH ACCEPTANCE BY COMPANY OF BUYER’S PURCHASE ORDER IS EXPRESSLY MADE CONDITIONAL ON ASSENT TO ANY ADDITIONAL AND DIFFERENT TERMS CONTAINED HEREIN. FAILURE BY BUYER TO SPECIFICALLY OBJECT TO THESE TERMS AND CONDITIONS IN WRITING WITHIN TWENTY (20) DAYS OF RECEIPT SHALL CONSTITUTE AN ACCEPTANCE HEREOF

1.2. Buyer acknowledges that the software or firmware components and applications, if any, accompanying the Products sold hereunder (the “Software”) are licensed and not sold to Buyer. Upon receipt of full payment therefor, INSEEGO grants to Buyer a nonexclusive, personal, nontransferable, limited and royalty-free license to use and execute such Software in object code form only and only in conjunction with the operation of the associated Product. Buyer shall receive no rights to the Software except as expressly provided herein. No license to use the source code of the Software is provided hereunder. Buyer agrees that it shall not use, distribute, license, sublicense, resell or otherwise transfer all or any part of the Software or supporting documentation other than as expressly permitted hereunder without the prior written consent of INSEEGO. Buyer agrees that it shall not, nor shall it permit any employee or agent of Buyer to, adapt, modify, copy, reproduce, reverse engineer, decompile, or disassemble the Software in any way without the prior written consent of INSEEGO. Except as expressly set forth herein, INSEEGO shall have no obligations to Buyer whatsoever with regard to the Software. Without limiting the generality of foregoing, INSEEGO has no obligation to develop updates or modifications to the Software or develop or provide Software development tools to Buyer.

2. Price; Payment Terms

2.1. The prices for all Products and Services shall be as set forth in INSEEGO’s quote and/or order acknowledgment and such prices shall be exclusive of all taxes and other charges referenced in Section 2.2 below, all of which shall be paid by Buyer. INSEEGO shall submit an invoice to Buyer with each shipment of Products. Each invoice shall be due and payable in U.S. Dollars net thirty (30) days from the date of shipment. Such payment terms are subject to credit approval. INSEEGO reserves the right, at its sole discretion, to limit, cancel or modify Buyer’s credit terms as to time or amount from time to time and without prior notice. INSEEGO reserves the right to require alternative payment terms, including but not limited to sight draft, letter of credit or payment in advance. For credit card orders, Buyer’s account will be charged upon shipment of the Products.

2.2. Buyer shall pay all transportation, handling, insurance, taxes (except for taxes based on INSEEGO’s income), license fees, import, export and customs fees and duties, tariffs and other charges related to the Products or Services purchased hereunder. If claiming tax exemption, Buyer must provide INSEEGO with valid tax exemption certificates.

2.3. If Buyer fails to pay any invoice when due, INSEEGO may charge Buyer interest in an amount equal to the lesser of one and one-half percent (1½%), or the maximum permissible rate, per month on any past due balance. INSEEGO may withhold delivery of any Products or Services at any time in which Buyer’s account is past due or exceeds its approved credit limit. If INSEEGO employs any legal process to recover any amount due and payable from Buyer hereunder, Buyer shall pay all costs of collection and reasonable attorney’s fees.

3. Delivery; Acceptance

3.1. All Products will be delivered FOB (for domestic shipments) or EXW (for international shipments), INSEEGO’s designated factory. Delivery shall occur, title to the Products (except for title to any Software which shall at all times remain with INSEEGO) shall pass from INSEEGO to Buyer, and Buyer shall assume all risk of loss or damage, upon delivery of the Products to the carrier, unless otherwise agreed by both parties in writing. In no event shall INSEEGO be liable for any delay in delivery (provided that INSEEGO timely delivers the Products to the carrier as provided above), or assume any liability in connection with shipment, nor shall the carrier be deemed an agent of INSEEGO.

3.2. Buyer shall inspect all Products promptly upon receipt. The furnishing by INSEEGO of a Product to Buyer shall constitute acceptance of that Product unless INSEEGO receives a written notice of defect or nonconformity within five (5) business days after receipt by Buyer, provided, that such acceptance shall not relieve INSEEGO of its warranty obligations hereunder.

4. Changes; Cancellation; No Returns

4.1. INSEEGO reserves the right to (a) make changes in Products without notice, and without any obligation to incorporate those changes in any Products previously delivered to Buyer and (b) ship to Buyer the most current Product regardless of catalog description, if applicable.

4.2. Buyer may make changes to any order for standard Products which does not exceed $5,000 (it being agreed that any series of similar orders for standard Products shall be aggregated and deemed one order for the purpose of determining such amount) by providing written notice to INSEEGO at least thirty (30) days prior to the scheduled shipment date. Any changes to any order for custom or option configured Products, or any order or series of similar orders for standard Products which exceeds $5,000, including but not limited to any changes to the specifications for the Products, must be approved in advance in writing by INSEEGO. INSEEGO must receive Buyer’s change request at least thirty (30) days prior to the scheduled shipment date. In the event of changes to any order or the specifications for the Products, INSEEGO reserves the right to adjust the prices and delivery dates for the Products, and to invoice Buyer for any unearned discounts based upon the actual quantities of Products delivered. In addition, Buyer shall be responsible for all costs associated with such change including, but not limited to, the burdened costs of all raw materials, work in progress and finished goods inventory on-hand or ordered which are impacted by such change.

4.3. Any order for standard Products which does not exceed $5,000 (it being agreed that any series of similar orders for standard Products shall be aggregated and deemed one order for the purpose of determining such amount) may be cancelled by Buyer by providing written notice to INSEEGO at least thirty (30) days prior to the scheduled shipment date. Any order for custom or option configured Products, or any order or series of similar orders for standard Products which exceeds $5,000, may be cancelled only upon COMPANY’s prior written approval, which approval may be granted or withheld in INSEEGO’s sole discretion. Any order cancellation will be subject to the following cancellation charges with respect to all cancelled units of Products: (a) the contract price of all Products completed prior to such cancellation; (b) the burdened cost of all raw materials (including long lead time items) in INSEEGO’s possession or on order, (c) the burdened cost of all raw materials incorporated into and all labor applied to work in progress, plus profit thereon in accordance with INSEEGO’s published margins; and (d) other reasonable cancellation charges including, but not limited to, non-recurring engineering expenses, cancellation costs payable by INSEEGO to its suppliers, and any other costs incurred by INSEEGO relating to such cancellation. INSEEGO will use commercially reasonable efforts to reduce such cancellation costs by reallocating materials to other projects and/or returning surplus material to, or canceling orders with, its suppliers. In no event shall the Buyer be liable for more than the contract price of the cancelled Products.

4.4. Products are non-returnable except for valid warranty claims.

5. Proprietary Rights; Confidentiality

5.1. Unless otherwise specifically agreed in writing by Buyer and INSEEGO, as between Buyer and INSEEGO, INSEEGO retains all right, title and interest in and to the Software, all inventions, ideas, processes, methods, know-how, skills and techniques developed, discovered or conceived by INSEEGO or its employees, including without limitation those developed and/or used in connection with the manufacture of the Products or performing Services hereunder (collectively, the “INSEEGO Rights”). Such rights include, but are not limited to, patent rights, copyrights, trade secret rights, trademark rights, mask work rights and other proprietary rights throughout the world. INSEEGO hereby grants to Buyer a nonexclusive, nontransferable, worldwide, limited license to use the INSEEGO Rights solely to the extent required for Buyer to use the Products or Software sold or licensed hereunder. INSEEGO shall retain all right, title and interest in and to all materials, fixtures or tools designed, developed or manufactured by INSEEGO in connection with the manufacture of the Products.

5.2. Unless otherwise specifically agreed in writing by Buyer and INSEEGO, as between Buyer and INSEEGO, Buyer retains all right, title and interest in and to all specifications and materials provided by Buyer to INSEEGO, and all inventions, ideas, processes, methods, know-how, skills and techniques developed, discovered or conceived by Buyer or its employees (the “Buyer Rights”). Such rights include, but are not limited to, patent rights, copyrights, trade secret rights, trademark rights, mask work rights and other proprietary rights throughout the world. Buyer hereby grants to INSEEGO a nonexclusive, worldwide, limited license to use and exploit the Buyer Rights solely to the extent required for INSEEGO to perform its obligations and exercise its rights hereunder.

5.3. Each of Buyer and INSEEGO acknowledges that in connection with the purchase and sale of Products or Services, each party may make available to the other party certain confidential and proprietary business and technical information and materials, including the Software (the “Confidential Information”). Confidential Information shall be clearly marked with proprietary legends of the disclosing party at the time of disclosure. If Confidential Information is orally or visually disclosed, it shall be reduced to writing and clearly marked with proprietary legends by disclosing party within 30 days of disclosure. All of the protections and restrictions in these Terms and Conditions as to the use and disclosure of Confidential Information shall apply during such 30-day period. Notwithstanding the foregoing, any information or material which by its nature and under the circumstances surrounding its disclosure is generally considered proprietary and confidential shall be deemed Confidential Information regardless of whether it is properly marked with legends or properly reduced to writing. Each party agrees that it (a) will hold the Confidential Information in strict confidence and use its reasonable efforts to prevent the unauthorized disclosure of the Confidential Information; (b) will not disclose the Confidential Information in any manner whatsoever, except as required by applicable law; (c) will use the Confidential Information only for the purpose of performing its obligations hereunder or in conjunction with the operation of the Products or Software and for no other purpose; and (d) will provide access to the Confidential Information to only those of its employees or representatives who need to know the Confidential Information for the purpose of performing their duties in connection with the Products or Services. These obligations shall not apply to information that: (i) was independently developed by or for the receiving party without use of the disclosing party’s Confidential Information, in whole or in part, as demonstrated by written evidence; (ii) is or becomes generally available to the public without breach of confidentiality obligations by the receiving party; (iii) was in the receiving party’s possession or was known by the receiving party without restriction at the time of disclosure by disclosing party, as demonstrated by written evidence; or (iv) is lawfully received by the receiving party on a non-confidential basis from a third party without breach by such third party of any legal, contractual, or fiduciary obligation to the disclosing party.

6. Warranty; Disclaimer of Warranty

6.1. Except as otherwise expressly stated in INSEEGO’s quote or in the current operating manual or other written guarantee for any of the Products, INSEEGO warrants that, for the period of time set forth in Section 6.2 below with respect to each Product or component type (the “Warranty Period”), the Products sold hereunder will be free from defects in material and workmanship, and will conform to the applicable specifications, under normal use and service when correctly installed and maintained. INSEEGO shall repair or replace, at INSEEGO’s sole option, any defective or nonconforming Product or part thereof which is returned at Buyer’s expense to INSEEGO’s facility, provided, that Buyer notifies INSEEGO in writing promptly after discovery of the defect or nonconformity and within the Warranty Period. Products may only be returned by Buyer when accompanied by a return material authorization number (“RMA#”) issued by INSEEGO’s Return Department, with freight prepaid by Buyer. INSEEGO shall not be responsible for any damage occurring in transit or obligated to accept Products returned for warranty repair without an RMA#. Buyer bears all risk of loss or damage to the Products until delivery at INSEEGO’s designated facility. INSEEGO shall pay for shipment back to Buyer for Products repaired under warranty. For Products returned for repair that are not covered under warranty, INSEEGO’s standard repair charges shall be applicable in addition to all shipping expenses. Unless otherwise stated in INSEEGO’s repair quote, any such out-of-warranty repairs are warranted for ninety (90) days from date of shipment of the repaired Product.

6.2. Unless otherwise specified on the quote or in the product description all products are warranted for a period of twelve (12) months from the date of shipment. Extended warranty terms may be available for sale, if sold they will appear as an additional product on your quote/sales order/invoice. An extended warranty will begin on the day after the expiration of the standard warranty for the product.

6.3. The above warranty does not apply to Products which are (a) repaired, modified or altered by any party other than INSEEGO; (b) used in conjunction with equipment not provided or authorized by INSEEGO; (c) subjected to unusual physical, thermal, or electrical stress, improper installation, misuse, abuse, accident or negligence in use, storage, transportation or handling, alteration, or tampering, or (d) considered a consumable item or an item requiring repair or replacement due to normal wear and tear. On-site warranty repair is not covered under the forgoing warranty.

6.4. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, INSEEGO MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, REGARDING THE PRODUCTS, SOFTWARE OR SERVICES. COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE PRODUCTS, SOFTWARE OR SERVICES. THE OBLIGATIONS OF COMPANY SET FORTH IN THIS SECTION SHALL BE COMPANY’S SOLE LIABILITY, AND BUYER’S SOLE REMEDY, FOR BREACH OF THE FOREGOING WARRANTY. Representations and warranties made by any person including distributors, dealers and representatives of INSEEGO which are inconsistent or in conflict with the terms of this warranty shall not binding on INSEEGO unless reduced to writing and approved by an expressly authorized officer of INSEEGO.

7. Indemnity

7.1. INSEEGO shall indemnify and hold harmless Buyer from any final award of damages in any suit or proceeding instituted against Buyer based upon a claim that a Product or the Software sold or licensed hereunder infringes any patent or copyright of a third party. INSEEGO shall defend, at its expense, any such suit or proceeding provided that: (a) Buyer gives INSEEGO prompt notice in writing of any such suit and permits INSEEGO through counsel of its choice, to answer the charge of infringement and defend such suit; and (b) Buyer gives INSEEGO all the needed information, assistance and authority, at INSEEGO’s expense to enable INSEEGO to defend such suit. INSEEGO shall not be responsible for payment of any amounts under any settlement made without its prior written consent. The foregoing indemnity shall not apply to the extent such alleged or actual infringement arises as a result of (i) the use or incorporation of such Product or Software in a manner or in combination with any other products, devices or parts not specified in INSEEGO’s specifications therefor, or (ii) modifications of such Product or Software made by Buyer or any party (other than COMPANY) which were not approved by INSEEGO, or (iii) INSEEGO’s compliance with any of Buyer’s designs, specifications or instructions. In the event that a court of competent jurisdiction determines in a final, non-appealable order that the Product or the Software is infringing in a manner for which INSEEGO is obligated to indemnify Buyer pursuant to this Section 7.1. INSEEGO shall, at its option, either (1) procure for Buyer the right to continue using such infringing Product or Software; (2) replace the infringing Product or Software with a non- infringing item of like form, fit or function; (3) modify the Product or Software so that it no longer infringes; or (4) remove the Product or Software and refund the purchase price to Buyer. THIS SECTION STATES INSEEGO’S SOLE RESPONSIBILITY AND LIABILITY, AND THE BUYER’S SOLE REMEDY, FOR ANY ACTUAL OR ALLEGED INFRINGEMENT OF ANY PATENT OR COPYRIGHT BY ANY PRODUCT OR SOFTWARE DELIVERED HEREUNDER OR ANY PARTS THEREOF. THIS SECTION IS IN LIEU OF AND REPLACES ANY OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTY AGAINST INFRINGEMENT. IN NO EVENT SHALL INSEEGO BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY SUCH INFRINGEMENT.

7.2. Buyer shall indemnify and hold harmless INSEEGO from and against any expense or loss resulting from any actual or alleged infringement of any patent or copyright arising as a result of (a) INSEEGO’s compliance with any of Buyer’s designs, specifications or instructions, (b) the use or incorporation of such Product or Software in a manner or in combination with any other products, devices or parts not specified in INSEEGO’s specifications therefor, or (c) modifications of such Product or Software by Buyer or any party (other than INSEEGO) which were not approved by INSEEGO. Buyer shall defend, at its expense, any suit brought against INSEEGO alleging any such infringement provided that INSEEGO (i) gives Buyer prompt notice of any such suit and permits Buyer, through counsel of its choice, to defend such suit and (ii) gives Buyer all needed information, assistance and authority, at Buyer’s expense, necessary for Buyer to defend any such suit.

8. Customer Furnished Material

8.1. In the event that Buyer, with INSEEGO’s prior approval, provides products, raw materials, fixtures or tools (collectively, the “Customer Furnished Material” or “CFM”) to INSEEGO for incorporation into, or use in the manufacture of, the Products, or in conjunction with the Services, Buyer shall retain title to, and shall continue to bear all risk of loss or damage to, such CFM. CFM IS PROVIDED BY BUYER AT BUYER’S RISK. IN NO EVENT SHALL INSEEGO BE LIABLE FOR ANY LOSS OR DAMAGE TO SUCH CFM RESULTING FROM ANY CAUSE WHILE IN INSEEGO’S POSSESSION. BUYER SHALL BE SOLELY RESPONSIBLE FOR INSURING THE CFM AGAINST ANY SUCH LOSS OR DAMAGE.

8.2. CFM certification and quality are the responsibility of Buyer. All CFM is subject to inspection by INSEEGO upon receipt, and INSEEGO reserves the right to refuse the CFM and/or re-quote the order based upon such inspection. CFM is not guaranteed to yield Buyer’s total order quantity. If material shortages occur due to yield, Buyer shall, at its option, either supply additional CFM to complete the order or close the order short. Any CFM not used by INSEEGO will be returned to Buyer, at Buyer’s risk and expense.

9. Limitation of Liability

9.1. INSEEGO SHALL NOT BE LIABLE FOR ANY COMMERCIAL LOSSES, LOSS OF REVENUES OR PROFITS, LOSS OF GOOD WILL, INCONVENIENCE, OR EXEMPLARY, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, OR CLAIMS OF THIRD PARTIES, REGARDLESS OF THE FORM OF ANY CLAIM, WHETHER IN CONTRACT OR TORT, WHETHER FROM BREACH OF THIS AGREEMENT, OR DEFECTIVE PRODUCTS, OR LOSS OF DATA OR FROM ANY OTHER USE, EVEN IF INSEEGO HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGE. INSEEGO’S LIABILITY FOR LOSS OR DAMAGES SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PARTICULAR PRODUCT.

10. General

10.1. Buyer shall indemnify and hold harmless INSEEGO from and against any expense or loss resulting from any actual or alleged infringement of any patent or copyright arising as a result of (a) INSEEGO’s compliance with any of Buyer’s designs, specifications or instructions, (b) the use or incorporation of such Product or Software in a manner or in combination with any other products, devices or parts not specified in INSEEGO’s specifications therefor, or (c) modifications of such Product or Software by Buyer or any party (other than INSEEGO) which were not approved by INSEEGO. Buyer shall defend, at its expense, any suit brought against INSEEGO alleging any such infringement provided that INSEEGO (i) gives Buyer prompt notice of any such suit and permits Buyer, through counsel of its choice, to defend such suit and (ii) gives Buyer all needed information, assistance and authority, at Buyer’s expense, necessary for Buyer to defend any such suit.

10.2. Buyer acknowledges and agrees that the Ultimate Destination of the Products and Software is in the United States of America, unless otherwise indicated in the INSEEGO quote and/or order acknowledgment. Buyer shall not, nor shall Buyer authorize or permit its employees, distributors, customers, and/or agents to, export or re-export any of the Products or Software (including any information relating thereto) to any foreign national, nation, firm, or country, including foreign nationals employed by or associated with Buyer, without first complying with all U.S. laws, regulations or ordinances including the International Traffic in Arms Regulation (ITAR) and the Export Administration Regulation (EAR), including the requirement for obtaining an export license, if applicable. Buyer agrees to defend, indemnify, and hold harmless INSEEGO from and against any claim, loss, liability, expense, or damage (including liens or legal fees) incurred by INSEEGO with respect to any of Buyer’s export or re-export activities contrary to this provision.

10.3. If any provision of these Terms and Conditions is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall remain, nevertheless, in full force and effect. The parties agree to renegotiate in good faith any term held invalid and to be bound by the mutually agreed substitute provision in order to give the most approximate effect intended by the parties.

10.4. No waiver of any provision of these Terms and Conditions shall be valid or binding on any party unless agreed to in writing by the party to be charged. The failure of either party to enforce at any time any of the provisions of these Terms and Conditions, or the failure to require at any time performance by the other party of any of the provisions of these Terms and Conditions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the validity of either party to enforce each and every such provision thereafter.

10.5. INSEEGO shall have the right to terminate any order, or to delay the shipment thereof, by reason of (a) Buyer’s bankruptcy or insolvency, or the pendency of any proceedings against Buyer under any statute for the relief of debtors; (b) Buyer’s breach of these Terms and Conditions; (c) INSEEGO’s learning that the ultimate destination of the Products is other than that set forth in the INSEEGO quote; or (d) failure of Buyer to meet any other reasonable requirements established by INSEEGO or to provide timely responses to requests from INSEEGO (including acts or omissions of Buyer which may delay production).

10.6. INSEEGO shall not be responsible for any changes or inaccuracies made in the published rate plans or promotions of any wireless service provider. Wireless service coverage may vary due to Buyer’s equipment, radio transmission limitations, terrain, human involvement, acts of nature and other reasons. Due to wireless coverage limitations the transmission of voice and data information may not be accessible at all times. All claims to the performance and availability of product and service are subject to the performance of the service provider or the manufacturer of the product.

10.7. These Terms and Conditions shall be construed under and according to the laws of the State of California without regard to its conflict of law provisions. The parties agree that jurisdiction and venue for any actions relating to these Terms and Conditions will be in the state or federal courts located in San Diego County, California. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in San Diego County, California, for the adjudication of any dispute hereunder or in connection herewith and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, or that such suit, action or proceeding is improper.

10.8. In the event of any action, suit or proceeding relating to the subject matter hereof, the prevailing party shall be entitled, in addition to any other rights and remedies it may have, to recover its reasonable attorneys’ fees and related costs from the non-prevailing part.


Impressum

Website Owner Company Information:

Inseego Corp.
9710 Scranton Road, Suite 200
San Diego, CA 92121
United States of America

Tel: (858) 812-3400

Email: [email protected]

EIN: 81-3377646

Delaware: 6102479

Chairman and CEO: Dan Mondor


Australian Limited Warranty and Liability Information

AUSTRALIAN CONSUMER LAW REQUIREMENTS. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The benefits provided by this warranty are in addition to other rights and remedies available under the law in relation to the product.

For further information, please download the Australian Warranty Card.


Intellectual Property

Inseego’s innovation is embodied in its intellectual property, including patents, trademarks, and copyrights.

Trademarks

The these terms are registered trademarks of Inseego:

  • Inseego
  • MiFi
  • Skyus
  • Ctrack
  • IoT Connect
  • Novatel Wireless

Patents

Embedded Module

ProductPatent Number
Expedite® E1205,129,098
7,024,223
5,337,345
7,318,225
6,785,556
7,224,964
6,799,030
Expedite® E1625,129,098
7,024,223
5,337,345
7,318,225
6,785,556
7,224,964
6,799,030
Expedite® E1725,129,098
7,024,223
5,337,345
7,318,225
6,785,556
7,224,964
6,799,030
Expedite ® E3465,129,098
7,024,223
5,337,345
7,318,225
6,785,556
7,224,964
6,799,030
Expedite ® E3625,129,098
7,024,223
5,337,345
7,318,225
6,785,556
7,224,964
6,799,030
Expedite ® E3715,129,098
7,024,223
5,337,345
7,318,225
6,785,556
7,224,964
6,799,030
Expedite ® E3965,129,098
7,024,223
5,337,345
7,318,225
6,785,556
7,224,964
6,799,030
Expedite ® E7255,129,098
7,024,223
5,337,345
7,318,225
6,785,556
7,224,964
6,799,030
Expedite ® E7605,129,098
7,024,223
5,337,345
7,318,225
6,785,556
7,224,964
6,799,030
Merlin CC7605,129,098
7,318,225
5,337,345
7,574,737
6,799,0307,024,223
Merlin X950D5,129,098
7,318,225
5,337,345
7,574,737
6,799,0307,024,223
Merlin X7205,129,098
7,318,225
5,337,345
7,574,737
6,799,0307,024,223
Merlin XU8705,129,098
7,318,225
5,337,345
7,574,737
6,799,0307,024,223
Merlin XV6205,129,098
7,318,225
5,337,345
7,574,737
6,799,0307,024,223
Ovation™ MC5515,129,098
7,318,225
5,337,345
7,574,737
6,785,5566,799,030
Ovation™ MC5475,129,098
7,318,225
5,337,345
7,574,737
6,785,5566,799,030
Ovation™ MC5455,129,098
7,318,225
5,337,345
7,574,737
6,785,5566,799,030
Ovation™ MC998D5,129,098
7,318,225
5,337,345
7,574,737
6,785,5566,799,030
Ovation™ MC996D5,129,098
7,318,225
5,337,345
7,574,737
6,785,5566,799,030
Ovation™ MC935D5,129,098
7,318,225
5,337,345
7,574,737
6,785,5566,799,030
Ovation™ MC7275,129,098
7,318,225
5,337,345
7,574,737
6,785,556
7,751,204
6,799,030
8,018,734
Ovation™ MC930D5,129,098
7,318,225
5,337,345
7,574,737
6,785,556
7,751,204
6,799,030
8,018,734
Ovation™ MC950D5,129,098
7,318,225
5,337,345
7,574,737
6,785,556
7,751,204
6,799,030
8,018,734
Ovation™ MC990D5,129,098
7,318,225
5,337,345
7,574,737
6,785,5566,799,030
Ovation™ MC7605,129,098
7,318,225
8,009,441
5,337,345
7,574,737
8,018,734
6,785,556
7,636,245
6,799,030
7,751,204
MiFi™ 22005,129,098
6,915,142
7,224,964
5,337,345
7,224,964
7,574,737
6,799,030
7,318,225
7,944,901
6,829,481
7,319,715
7,944,901
MiFi™ 23525,129,098
6,915,142
7,224,964
5,337,345
7,224,964
7,574,737
6,799,030
7,318,225
6,829,481
7,319,715
MiFi™ 23725,129,098
6,915,142
7,224,964
5,337,345
7,224,964
7,574,737
6,799,030
7,318,225
7,944,901
6,829,481
7,319,715
MiFi™ 33525,129,098
6,915,142
7,224,964
5,337,345
7,224,964
7,574,737
6,799,030
7,318,225
7,944,901
6,829,481
7,319,715
MiFi™ 40825,129,098
6,915,142
7,224,964
5,337,345
7,224,964
7,574,737
6,799,030
7,318,225
7,944,901
6,829,481
7,319,715
7,984,496
MiFi™ 45105,129,098
6,915,142
7,224,964
5,337,345
7,224,964
7,574,737
6,799,030
7,318,225
7,944,901
6,829,481
7,319,715

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