These Service-Specific Terms describe the Cradlepoint SIM Management Feature. Customer’s subscription is governed by these Service-Specific Terms and the Cradlepoint End User Agreement located at https://cradlepoint.com/legal/ (the “Agreement”). Capitalized terms used in these Service-Specific Terms and not otherwise defined herein have the meaning given to them in the Agreement.
Following are definitions for certain capitalized terms used in connection with the Cradlepoint SIM Management Feature:
- “API Credentials” means certain credential information related to a Carrier’s connectivity management platform, the specific character of which will be specified by Cradlepoint from time to time.
- “Cradlepoint SIM Management Feature” means the Service described in Section 2 below.
- “Carrier” means a third party that provides to Customer the SIMs to be managed by the Cradlepoint SIM Management Feature.
- “SIM” means a Subscriber Identity Module that is provided to Customer by a Carrier that offers a supported connectivity management platform for which Customer has obtained and provided to Cradlepoint the API Credentials and which Customer registers for management within the Cradlepoint SIM Management Feature.
- Description of Services
The Cradlepoint SIM Management Feature is a Service that allows Customer to manage SIMs provided by Carriers and used within devices provided by Cradlepoint. If Customer chooses to purchase this add-on service, Customer can access the SIM Management Feature via NetCloud Manager. The Cradlepoint SIM Management Feature is not available with all Carriers. Customer may request the addition of a Carrier to the Service, with such addition to be made (or not made) in Cradlepoint’s sole discretion.
- Use of Services; Disclaimers
As a precondition to using the Cradlepoint SIM Management Feature, Customer shall provide the API Credentials and log into its carrier service provider account within NetCloud Manager. Customer shall provide updated or additional API Credentials upon request from Cradlepoint. Depending on the Carrier that has provided the SIM, additional set-up information or steps may be required. Some features may not be available with all Carriers. Customer acknowledges that the Cradlepoint SIM Management Feature does not include the procurement of SIM cards from Carriers, and that Customer shall be solely responsible for any and all charges, costs, or expenses related to the purchase or operation of SIMs or any service charges, data plans, or other charges related thereto. SIMs cannot be purchased through the Cradlepoint SIM Management Feature. Customer is solely responsible for purchasing SIMs and for managing its billing and customer relationship with the Carrier who provides such SIMs and any related services. All information reflected in the Cradlepoint SIM Management Feature is provided by the Carrier who provides each given SIM, and CRADLEPOINT MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY AT LAW OR OTHERWISE, AS TO THE FOLLOWING:
- ACCURACY OR COMPLETENESS OF ANY SIM INFORMATION DISPLAYED WITHIN THE CRADLEPOINT SIM MANAGEMENT FEATURE; and
- THE OPERATION OF ANY SIM OR THE DATA PLAN OR DATA/NETWORK/INTERNET CONNECTION RELATED THERETO.
Customer hereby agrees that its SIMs may be managed via the SIM Management Feature and acknowledges that all management decisions and actions taken by Customer, whether using the Cradlepoint SIM Management Feature or not, are Customer’s decisions alone and Cradlepoint provides no advice, guidance, or consulting with regard to such decisions and actions.
- Substitution of Services
The Cradlepoint SIM Management Feature from time to time may be a Service resold by Cradlepoint that is sourced from a third-party vendor. Cradlepoint reserves the right to substitute the Cradlepoint SIM Management Feature with a replacement service that is similar in all material respects, which may include (without limitation) a third-party service or a service directly provided by Cradlepoint.
- Cradlepoint SIM Management Feature Legal Terms:
- Customer shall not do any of the following: (a) assign, give, or transfer the Cradlepoint SIM Management Feature or any interest therein to another individual or entity; (b) use the Cradlepoint SIM Management Feature in a timesharing, service bureau, subscription service, or other rental use, or use it to manage SIMs that are not directly owned by Customer or its affiliates. Customer understands and acknowledges that it does not receive title to or ownership of the Cradlepoint SIM Management Feature or any related intellectual property.
- Customer shall not reverse engineer (except to the extent required by law for interoperability), disassemble, or decompile the software used to provide the Cradlepoint SIM Management Feature. Customer shall not duplicate the Cradlepoint SIM Management Feature or related software, except that Customer may make a sufficient number of copies for archival purposes.
- Upon the termination of the Agreement or the expiration of Customer’s subscription to the Cradlepoint SIM Management Feature, Customer shall immediately discontinue use of the Cradlepoint SIM Management Feature.
- Customer shall comply fully with all export laws and regulations of the United States and other applicable export laws and regulations to assure that neither the Cradlepoint SIM Management Feature, nor any documentation thereto, nor any direct product thereof, are exported, directly or indirectly, in violation of applicable laws.
- Customer acknowledges that the Cradlepoint SIM Management Feature may be subject to a restricted license from a third party and Customer agrees that it is not permitted to modify the software elements of the Cradlepoint SIM Management Feature. Customer may permit agents or contractors to use the Cradlepoint SIM Management Feature on its behalf for Customer’s own business purposes, subject to the terms of the Agreement and herein, provided that Customer shall at all times be responsible for such agents’ and contractors’ compliance with the Agreement and these terms.
- Substitution of Services
The Cradlepoint SIM Management Feature is only sold as an add-on to a NetCloud Manager subscription. Pricing is as quoted by Cradlepoint from time to time and is subject to change in accordance with Cradlepoint’s policies.