Service Agreement General Terms and Conditions
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DUPLEX SATELLITE SERVICE AGREEMENT
GENERAL TERMS & CONDITIONS

NOTICE TO USER: PLEASEREAD THIS AGREEMENT CAREFULLY. BY USING ANY PRODUCT OR SERVICE SOLD, LEASED ORLICENSED BY GLOBALSTAR USA, LLC OR ITS AFFILIATES NAMED IN THIS AGREEMENT(“GUSA”), YOU ACCEPT ANDAGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THE AGREEMENT (AS DEFINEDBELOW), INCLUDING, WITHOUT LIMITATION, THE LIMITATIONS ON USE AND SERVICECONTAINED IN SECTION 2, THE DISCLAIMER OF WARRANTIES AND LIMITATION OFLIABILITY IN SECTION 6, AND THE BINDING ARBITRATION PROVISION AND CLASS ACTIONWAIVER IN SECTION 8. YOU AGREE THAT THE AGREEMENT IS ENFORCEABLE LIKE ANYWRITTEN AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USETHE GLOBALSTAR SERVICE. YOU MAY, WITH THE PROOF OF PURCHASE OR RENTAL, RETURNTHE TERMINAL TO THE LOCATION FROM WHICH IT WAS PURCHASED OR RENTED WITHINTHIRTY (30) DAYS OF THE DATE OF PURCHASE OR RENTAL.

1. Satellite Service Agreement: Agreementterms, Acceptance of Agreement and Changes to Agreement.

1,1            AgreementTerms.  You subscribe to Globalstar Service providedby GUSA, an authorized Globalstar“Service Provider”, under one or more GUSA rate and service plans (eacha "Service Plan"). "Globalstar Service" isthe transmission of voice and/or data to or from you through the Globalstar,Inc. ("Globalstar") low-earth-orbit satellite constellationand ground-station system (the "Globalstar System") and onwardthrough the terrestrial telecommunications network. The legal agreement for theGlobalstar Service (the "Agreement") between you and GUSAconsists of (i) the specific terms of the Service Plan(s) that you subscribe toat any given time (including the plan’s pricing, usage, and Early TerminationFee, all as described in the applicable Service Plan), (ii) these General Termsand Conditions (these "General Terms"), and (iii) any otherwritings or documents that the applicable Service Plans or these General Termsstate is part of the Agreement, all of which are incorporated herein by thisreference.

1.2            Acceptance ofAgreement.  Acceptance by you of the Agreement occursupon the earlier of: (i) your acceptance of the Agreement electronically whenselecting and ordering a Service Plan online, or (ii) the activation or use ofyour Globalstar Service.  The term of theAgreement begins when you accept the Agreement and ends when the Service Planis terminated pursuant to the Agreement.

1.3            Changes toAgreement.  The current version of these General Termsand other applicable policies shall be available on the Globalstarwebsite.  The “Globalstar website” means the website located at http://www.globalstar.com/, which is comprised of various web pages,tools, information, content, and features operated by Globalstar.  GUSA may change these General Terms or otherparts of the Agreement from time to time, provided that GUSA will not increasethe pricing for the Globalstar Service set forth in the Service Plan during theInitial Plan Term (as defined in Section 3.1) unless you consent. When GUSAmakes changes (other than rate increases for the Globalstar Service), GUSA willgive notice to you by posting the revised General Terms or other parts of theAgreement, including any applicable policies, on the Globalstar website.  GUSA may also notify you directly of achange, but GUSA is not obligated to do so unless the change is a rate increasefor the Globalstar Service set forth in your Service Plan to take effect afterthe Initial Plan Term. You agree to visit the Globalstar website periodicallyand accept ongoing responsibility for being fully informed of the changingcontent of the Globalstar website, including, without limitation, changes inthese General Terms and other parts of the Agreement.  The earliest any rate increases for theGlobalstar Service shall be effective is immediately following the Initial PlanTerm, provided GUSA has given at least 30 days’ notice of the rate increases;thereafter, GUSA may make further rate increases which will be effective 30days after GUSA notifies you of same. Changes to any other terms andconditions, whether made during or following the Initial Plan Term, shall beeffective on the date of posting on the Globalstar website. If GUSA changesthese General Terms or any other part of the Agreement in a way that is notacceptable to you, your sole recourse is to terminate the Agreement by callingour customer service center and requesting termination within 30 days afternotification of the change, in the case of a rate increase for the GlobalstarService set forth in your Service Plan after the Initial Plan Term, or within30 days of the date the unacceptable change was posted to the Globalstarwebsite, in the case of all other changes. Unless you call our customer service center within such 30 day period,you accept the changes and agree to abide by them by continuing to use theGlobalstar Service.  You agree that youcannot change the Agreement and that no statement or representation (oral orwritten) of any sales agent, distributor, representative, or employee of GUSAmade to you can change the Agreement.

2. Conditions andLimitations of Globalstar Service.

You understand and agreethat:

2.1            Unavailability/HomeTerritory.  Globalstar Service is dependent on, amongother things, availability of the Globalstar System. System availability is inturn limited by the technology, environmental conditions and other factors thataffect radio transmissions. Globalstar Service may become limited ortemporarily unavailable without notice from time to time. If you are using theGlobalstar Service outside your Home Territory, your service is dependent uponService Providers other than GUSA. The "Home Territory" as used in the Agreement shall mean the “HomeZone” or “Home Territory” with respect to GUSA Service Plan subscribers asdescribed on the Globalstar website.

2.2            SatelliteService Limitations. Satellite telephoneservice is inherently subject to transmission and reception limitations causedby: (i) your location, including conditions that obstruct the line of sightbetween you and the satellites; (ii) the condition of the Service Provider'sequipment; (iii) the condition of your Terminal; (iv) weather conditions,atmospheric conditions, magnetic interference, and environmental conditions,and (v) other conditions beyond GUSA's or Globalstar's control.  A "Terminal" is anyinstrument that you use to send or receive voice or data transmissions throughthe Globalstar System.

2.3            Lack ofPrivacy.  Because Globalstar Service involves radiotechnology, voice and data communications transmitted over the GlobalstarSystem may not be completely private. GUSA collects information about yourcalls for billing purposes and to monitor service quality but does not monitoror record the content of your voice or data transmissions.

2.4            Non-PortablePhone Number.  Unlike certain other telephone numbers,satellite telephone service numbers are not "portable" and cannot betransferred. A Globalstar Service telephone number may not be used with morethan one Terminal. You have no property right or other continuing right in anyassigned telephone/fax number or email address. GUSA may assign, designate, orchange any such telephone/fax numbers or email address at any time, and mayreassign the numbers or email address formerly held by you immediately upon thedeactivation of the Globalstar Service. GUSA will make commercially reasonableefforts to give you prior notice if it must change your number or emailaddress.

2.5            Inability toRoute Toll-Free Numbers.  Globalstar Service may be unable to routecalls to regional toll-free numbers or to 900 and 976 prefix numbers or thelike, but is generally able to route calls to nationwide toll free numbers withprefixes such as 800, 877 or 888.

2.6            Coverage Areas.  Inaddition to the other conditions and limitations stated in this Section 2,please check the Globalstar website for the current coverage areas for you thatare specific to Globalstar Service.  Coverage areas maychange from time to time and be different depending upon the specificGlobalstar product you are using.

2.7            Emergency Services.

2.7.1         Gen1 Products.  Forcertain Globalstar Service, as described on the Globalstar website, GUSA hasestablished an Emergency Call Center, or "Referral Service,"which may be available to you and to subscribers of other Service Providersroaming in GUSA's coverage territory. The Referral Service is providedunder 47 C.F.R. §25.284(a), one of the rules of the Federal CommunicationsCommission. Under the FCC's rules, the "Caller" (that is, youor any other person using your Globalstar device, with or without yourauthorization) must provide his or her telephone number and physical location.GUSA does not always have the ability to identify the Caller's locationautomatically as is the case with wireline telephones and certain cellular orPCS wireless telephones. Accordingly, the effectiveness of Referral Servicedepends largely on the accuracy of the information provided verbally by theCaller. Upon receiving a call that the Caller identifies as an"emergency," the Referral Service will redirect the call to anappropriate Public Safety Answering Point. Referral Service may not be availableat all times, or at any time from some locations, including Canada, some partsof the Caribbean within the Home Territory or outside the Home Territory. Callsplaced using Referral Service will typically be recorded. Use of the ReferralService is subject to the service limitations in this Section 2 and thelimitations of liability in Section 6 below.

2.7.2         Gen2 Products.  Forcertain Globalstar Service, as described on the Globalstar website, you may use the SOSfeature on your Terminal for emergency purposes.  GUSA has contracted witha third party provider to provide SOS emergency monitoring services twenty-four(24) hours a day, seven (7) days a week and 365 days a year (currently, GEOSWorldwide, Limited (“GEOS”)) (the “Emergency Services Provider”). Provision of SOS emergency monitoring services is subject to the terms of thisAgreement, including, without limitation, the limitations of liability setforth in Section 6.  GUSA intends that the International EmergencyResponse Coordination Center of the Emergency Services Provider (the “IERCC”) will be available at all timesin all locations where your Terminal works; however, it is possible thatat some times and some locations, the IERCC will not receive your transmissionor that your transmission will be delayed.  The emergencyresponder(s) of the Emergency Services Provider shall determine when, how, evenif, to conduct a search and rescue in accordance with their standard policiesand procedures, subject to such constraints as operational limitations,available resources, technical feasibility, meteorological conditions, medical,safety concerns whether for you or the emergency responder(s), and/or otherconsiderations.  In no event doesthe Agreement create a duty to rescue. 

2.7.2.1     SOS Monitoring.  GUSA transmitsSOS Emergency Signals received, along with applicable registration datainformation provided by you to GUSA in connection with your registration forthe Globalstar Service (the ”RegistrationData”)and available location coordinates identified by your Terminal signal(the “Location Information”)), tothe IERCC.  The IERCC maintains a database of emergency responders inregions throughout the world (the “IERCCDatabase”), and provides SOS Emergency Signal monitoring twenty-four (24)hours a day, seven (7) days a week and 365 days a year.  According to ouragreement with the Emergency Service Provider, upon receipt of a SOS EmergencySignal, the Emergency Services Provider has agreed that IERCC personnel will:(i) contact, if available, the primary and secondary contacts identified by youin your Registration Data to attempt to validate the SOS Emergency Signal; (ii)use the IERCC database to identify appropriate emergency responder(s) accordingto available location coordinates; (iii) contact the appropriate emergencyresponder(s) and inform them of the relevant facts in GEOS’ possession(including your Registration Data information and/or location coordinates);(iv) if you are traveling outside of your Home Territory, and it is consistentwith GEOS’ procedures, contact the Embassy of your government consistentwith your Registration Data, either in the location identified by theLocation Information or their Washington, D.C. based Embassy, and provide themall relevant facts in GEOS’ possession; (v) provide updates of locationcoordinates as available to the identified emergency responder; and, (vi) IERCCpersonnel will also receive, and may send, voice and/or text messages regardingstatus of rescue; provided that GUSA reserves the right to alter or modify theEmergency Services Provider and/or the terms of any agreement with anyEmergency Services Provider, at any time.  GUSA and the Emergency ServicesProvider have not agreed to take any steps other than those identified above,and GUSA and the Emergency Services Provider are released from allresponsibility to take any further action whatsoever.  In addition, GUSAis not liable for the performance or lack of performance of the EmergencyServices Provider, the terms of performance of which are set forth in the GUSAagreement with the Emergency Services Provider, and the Emergency ServicesProvider’s performance is subject to all terms and conditions set forth in suchagreement.  Should the Emergency ServicesProvider have reasonable cause to believe that an emergency condition does notexist, the Emergency Services Provider reserves the right to solely contact theprimary and secondary contacts identified by you.  

2.7.2.2     Additional Charges for SOSEmergency Transmissions. You are solely responsible for any charges that may beassessed by emergency responders for either false SOS Emergency Signals and/orin relation to search and rescue activities resulting from you or yourauthorized users’ transmission of a SOS Emergency Signal.  Should youdeliberately or negligently misuse the SOS Emergency service, GUSA reserves theright to assess a fee in order to recoup their costs in relation to respondingto such misuse.  Negligent and deliberate misuse includes, but is notlimited to, pressing the SOS button to “see if it works” or otherwise knowinglypressing the SOS button when no emergency situation exists.  Should it bedetermined by GUSA that you have deliberately or negligently misused the SOSEmergency service, GUSA shall, without further notice, bill your credit cardthe appropriate fee and you shall be responsible to pay any such fee. GUSA and the Emergency Services Provider shall have such other rights andremedies against you for such misuse as may be available at law, and you agreeto indemnify, defend and hold harmless GUSA and the Emergency Services Providerand their affiliates, licensors, licensees, and suppliers and their respectivedirectors, officers, shareholders, members, employees, representatives, andagents from any liabilities or penalties arising from such misuse. 

                                2.7.2.3      Search and Rescue Membership.  An optionalSearch and Rescue membership provided by a third party provider (“SAR Membership”) may be available forpurchase by you.  Should you choose to purchasea SAR Membership, your contract for the SAR Membership will be directly betweenyou and such third party provider.  GUSA is not a party and is in no wayliable to you for any damages or claims that may arise in connection with suchoptional SAR Membership and is not responsible for the third party provider’sperformance of such service.  Currently,GEOS is the third party provider of the SAR Membership, and the terms andconditions of the SAR Membership provided by GEOS are located at http://www.geosalliance.com/sar/

2.9            Responsibility for Data and Content.  You are solely responsible for any data orcontent that you send via your Terminal, including any consequences of suchmessaging.  You shall not send anycontent in violation of applicable law or the restrictions in Section 7.

2.10          Track Progress Services. Should you choose to purchase any optional “Track Progress” Services as part ofyour Service Plan, you may use the Track Progress Service in compliance withthe GUSA User Guide and its normal message transmission schedule as often asyou wish. 

2.11          GUSA Shared Pages. You may also choose to display your messages and waypoints via the GUSA SharedPages.  GUSA Shared Pages MAY NOT be used as a way to commercially trackassets and/or personnel.  If you choose to display your messages via theGUSA Shared Pages, you may set the level of privacy (either by limiting accessto those that you specify or by making the GUSA shared page public and visibleto all).  It is highly recommended that you limit access to your sharedpage in order to maintain your personal security and/or the security of yourassets. If you do not agree with these privacy terms, do not use the GUSAShared Pages.

2.12          GUSAEquipment Replacement Program.  Please see the GUSA EquipmentReplacement Program Extended Limited Warranty or Service Contract for theapplicable terms and condition.  Pricing and terms may vary by region.

2.13          Additional Fees.  Additional feesmay apply for optional services that require GUSA to transmit messages fromyour Terminal to an external service provider.  Such fees may be chargedseparate from the associated service or may be bundled within the total cost ofthe associated service and are subject to change from time to time.  Suchfees are non-refundable, and shall not be pro-rated should you subscribe to orterminate your optional service mid-term. Additionally, such fees may continue to be charged with each renewal unlesscanceled by you in accordance with Section 3.3. If you did not purchase the associated external service from GUSA, thenit is your responsibility to ensure that your external service is current andactive.

3. Plans.

3.1            Service Plan.  YourService Plan consists of the Globalstar Service selected by you either when youactivate your Globalstar Service or any that you may add during the term ofyour Service Plan.  All Service Plans arepre-paid plans with charges for the Globalstar Service to be paid inadvance.  Available Service Plans mayinclude: (i) an annual plan with prepayment monthly prior to each month ofGlobalstar Service (“Monthly PrepaidPlan”),  or (ii) an annual plan withprepayment for the entire year prior to each year of Globalstar Service (“Annual Prepaid Plan”), all as furtherdescribed in the applicable Service Plan. When you choose a Monthly Prepaid Plan or an Annual Prepaid Plan, youagree to maintain and pay for the Globalstar Service for the full twelve monthperiod following the date of the plan (the “Initial Plan Term”). 

3.2            Renewal. 

                (i) Renewalof Monthly Prepaid Plans.  At the end ofthe Initial Plan Term, the Monthly Prepaid Plan will automatically renew foradditional one year terms (each a “Renewal Monthly Prepaid Plan Term”) withterms similar to a Monthly Prepaid Plan at rates and charges that may be higherthan the rates and charges during your Initial Plan Term or the prior RenewalMonthly Prepaid Plan Term, provided GUSA has given you 30 days’ notice of theincreased rates and charges and you have not exercised your right to terminatethe Service Plan at the end of the Initial Plan Term or the prior RenewalMonthly Prepaid Plan Term under Section 3.3. Charges for any Renewal Monthly Prepaid Plan Term will be billed andpaid monthly in advance.  Where requiredby law, GUSA will provide you with advance notice of the renewal of yourService Plan.

                (ii) Renewalof Annual Prepaid Plans.  At the end ofthe Initial Plan Term, the Annual Prepaid Plan will automatically renew foradditional one year terms (each a “Renewal Annual Prepaid Plan Term;” andtogether with a Renewal Monthly Prepaid Plan Term,” the “Renewal Term”) atrates and charges that may be higher than the rates and charges during yourInitial Plan Term or the prior Renewal Annual Prepaid Plan Term, provided GUSAhas given you 30 days’ notice of the increased rates and charges and you havenot exercised your right to terminate the Service Plan at the end of theInitial Plan Term  or any Renewal AnnualPrepaid Plan Term under Section 3.3. Charges for any Renewal Annual Prepaid Plan Term will be billed and paidyearly in advance.  Where required bylaw, GUSA will provide you with advance notice of the renewal of your ServicePlan.

3.3            Cancellationby You.  To cancel the Service Plan,whether a Monthly Prepaid Plan or an Annual Prepaid Plan, at the end of theInitial Plan Term, you must notify GUSA by calling our customer service centerat least 30 days prior to the end of your Initial Plan Term.  During any Renewal Term, you may terminate anAnnual Prepaid Plan effective at the end of such Renewal Term provided you givenotice to GUSA by calling our customer service center at least 30 days prior tothe end of such Renewal Term.  Inaddition to your termination rights provided above, if at any time GUSA givesnotice to you in the manner provided in Section 1.3 of a change to theAgreement which you do not accept, you may terminate a Monthly Prepaid Plan oran Annual Prepaid Plan effective at the end of a service month by calling ourcustomer service center within 30 days of GUSA notifying you directly of thechange or GUSA posting the change on the Globalstar website, as applicableunder Section 1.3, provided it is understood and agreed that the earliestpossible effective termination date as a result of a rate increase to takeeffect immediately following the Initial Plan Term is the end of the InitialPlan Term.  For purposes of this Section3.3, to notify GUSA please call (877) 452-5782 and provide your name, youraddress and the ESN from the product for which you want to cancel GlobalstarServices. 

4. Billing, Paymentand Account Administration.

4.1            CreditInformation; Security Deposit.  You authorize GUSA toobtain your credit information from trade references, credit reportingagencies, and other sources. Based on factors GUSA deems relevant to yourcreditworthiness, GUSA may, at time of signing or in the future, require you tomake a security deposit as a payment guarantee. Your security deposit shall besubject to increase or reduction as GUSA deems necessary. No security depositshall accrue interest unless required by law. GUSA will refund your securitydeposit upon termination of your Globalstar Service in accordance with Section3 after deducting any amounts due to GUSA, provided none of the causes fortermination under Section 5.2 exist.  Inthe event of termination by GUSA pursuant to Section 5.2, GUSA may retain thesecurity deposit and apply same towards amounts due to GUSA, including anycosts, expenses, or damages incurred by GUSA as a result of, or arising from,GUSA’s termination pursuant to Section 5.2. Provided none of the causes for termination under Section 5.2 exist, GUSAwill also refund the security deposit after 12 months from the date the depositwas made if you request a refund and GUSA determines that a security deposit isno longer required.

4.2            Billing.  For Monthly Prepaid Plans, GUSA willsend a monthly bill for the Globalstar Service prior to each month ofGlobalstar Service, and for Annual Prepaid Plans, GUSA will send an annual billfor the Globalstar Service prior to the year of Globalstar Service.  Notwithstanding anything to the contrary inthe Service Plan, GUSA reserves the right to bill Monthly Prepaid Plansubscribers more often than monthly if GUSA determines that there is aheightened risk of non-payment.

4.3            TimelyPayments.  You agree to pay the fees applicable to yourService Plan on or before the due date on your bill. You agree not to contestthe accuracy of any GUSA bill if you have not reported discrepancies on thatbill within 90 days of receipt.  You maypay bills by direct debit, credit card or by mailing a check or money order tothe remittance address in the bill.

4.4            Late Payments.  Paymentsreceived more than 10 days after the due date on the bill will accrue interestfrom and after the due date through the date of payment at GUSA’s then-currentlate payment rate as published on the Globalstar website.  Currently, the late payment rate is 1.5% permonth (18% per annum) or the maximum rate allowed by law, whichever islower.  If payment is returned for anyreason not the fault of GUSA, then GUSA may assess its then-current standardreturn charge as published on the Globalstar website. GUSA may refer delinquentaccounts to attorneys and/or collection agencies. To the full extent allowed bylaw, you shall be responsible for and shall pay or reimburse GUSA for any andall costs, fees, and expenses that GUSA incurs to collect any charges from you.

4.5            DataTransmission / No Credits.  Data transmissions rely on the GlobalstarSystem, which are subject to the limitations described in Section 2. Due tothese limitations, GUSA makes no representation as to the success of any datatransmission.  Regardless of whether adata transmission is successful, no refunds will be given nor shall GUSA beliable for any damages that may result from any dropped data transmission ofany type.  Any metrics or otherstatistical information provided by GUSA regarding data transmissions areprovided on a global basis and may not apply to your individual circumstances.

4.6            Taxes.  YourService Plan price for the Globalstar Service does not include sales, usage,excise, ad valorem, goods and services, harmonized sales, property or any othertaxes now or hereafter imposed, directly or indirectly, by any governmentalauthority or agency with respect to the Globalstar Service.  You are required to pay these taxes. 

4.7            CreditApproval / Credit Card Trial Authorization.  Initiation orcontinuation of the Globalstar Service is subject to credit approval by GUSAand requires direct payment by credit card or an authorized guarantee ofpayment by a valid accepted credit card. Credit cards from outside of the United States and/or Canada will beaccepted only after verification with the issuing bank.  If you are a customer whose billing addressis located outside of the United States or Canada or a customer withoutestablished credit, GUSA may not allow you to participate in a Monthly PrepaidPlan.  Instead, GUSA may require that yousubscribe to an Annual Prepaid Plan. Verification of credit cards issued by banks outside of the UnitedStates or Canada may delay order processing. GUSA may decline any credit card transaction.  GUSA may seek authorization of your creditcard account prior to your first activation/purchase to validate that you cancharge the applicable fees to access the Service Plan, which will result in anauthorization amount (which may vary by card issuer but is typically a deminimis amount) appearing on your statement to reduce your available balance bythe authorization amount until your card’s next billing cycle. Please contactyour card issuer if you have additional questions regarding when this amountwill be removed from your statement. By authorizing GUSA to charge a creditcard trial authorization for the fees associated with your subscription, youare authorizing GUSA to automatically continue charging that card (or anyreplacement card if the original card is renewed, lost, stolen, or changed forany reason by the card issuer, and the issuer informs GUSA of the newreplacement card account) for all fees or charges associated with yoursubscription including any renewal fees. You authorize the card issuer to payany amounts described herein and authorize GUSA, or any other company that actsas a billing agent for GUSA, to continue to attempt to charge all sumsdescribed herein to your credit card account until such amounts are paid infull.

4.8            CREDIT CARDAUTHORIZATION.  BY AUTHORIZING GUSA TO DEBIT YOUR CREDITCARD, YOU REPRESENT THAT YOU ARE THE AUTHORIZED OWNER OR USER OF YOUR CREDITCARD AND THAT YOU ARE A RESPONSIBLE PARTY FOR THAT CARD. YOU GRANT GUSA ACCESSTO AND THE RIGHT TO REVIEW THE INFORMATION IN, AND YOUR REFERENCES SUBMITTEDWITH, THE SERVICE PLAN, AND OBTAIN YOUR CREDIT REPORTS AND CREDIT HISTORY,AND/OR ALL OTHER RELEVANT INFORMATION AND MATERIALS THAT GUSA REASONABLYBELIEVES IS DESIRABLE FOR THE PURPOSE OF IDENTIFYING YOUR FINANCIAL STATUS ANDCREDITWORTHINESS.  GUSA SHALL HAVE THERIGHT TO CONTINUE TO MONITOR YOUR CREDIT RATING AND CREDIT HISTORY DURING THETERM. FURTHER, YOU AUTHORIZE GUSA TO DEBIT YOUR CREDIT CARD IN ORDER TO RENEWYOUR SERVICES PRIOR TO THE START OF EVERY SERVICE TERM, UP UNTIL SUCH TIME THATYOU CANCEL THE SERVICES IN ACCORDANCE WITH SECTION 3.3.

4.9            Rates andCharges for Service.  The Service Plan will set forth theapplicable rates and charges for the Globalstar Service provided by GUSA in theHome Territory.  The recurring rates forthe Globalstar Service will not be changed during the Initial Plan Term unlessyou consent.  You will be charged forcalls originated by or received by your Terminal as provided in your ServicePlan.  Data transmission and fax airtimewill also be charged as specified in your Service Plan.  Check the terms and conditions of yourparticular Service Plan carefully.

4.10          Changes toService Plans.  You may change to any qualifying Service Planwith more included minutes without paying an administrative fee for the changeand with no extension of the Service Plan term. You may change to anyqualifying Service Plan to include fewer included minutes by paying GUSA'sthen-standard administrative fee as published on the Globalstar website andrenewing the Agreement for one year from the date of the change.

4.11          Early Termination Fee. Your ServicePlan may be subject to an early termination fee if the Service Plan isterminated by you prematurely or GUSA as a result of a violation by you of theAgreement.  The amount of the EarlyTermination Fee and any additional terms governing same will be set forth inyour Service Plan.  Make sure that youunderstand your liability before terminating your Service Plan prematurely orviolating the Agreement.

 

4.12          Network Maintenance Fee. The NetworkMaintenance Fee is a monthly or annual charge of a set amount that applies tocertain Service Plans offered by GUSA. If the Network Maintenance Fee appliesto your Service Plan, it will be set forth in your Service Plan.

4.13          Additional Fees.  Additional fees, rates and charges maybe assessed for service in other territories served by Service Providers otherthan GUSA.  Such other fees, rates andcharges are not included in the Service Plan and will be determined by suchother Service Providers and are subject to change or discontinuation withoutnotice to you.

5. Suspension and Termination of Globalstar Service by GUSA.

5.1            Suspension. GUSA may suspend yourGlobalstar Service without notice and without terminating the Agreement if GUSAdeems your usage unusual or excessive in relation to your security deposit,credit limit, and/or normal usage patterns, or if your payment is returned orrejected. GUSA may also discontinue discounts based on number of Terminalsshould the number of Terminals fall below the number applicable to suchdiscounts.

5.2            Termination By GUSA.  If you fail to pay any sum due for any serviceor equipment purchased or rented from GUSA, or violate the terms, conditions,laws, rules or regulations governing the use of service, GUSA may reduce,suspend, or permanently terminate your Globalstar Service and Service Plan.Reduction or suspension may be made without notice. If GUSA terminates yourGlobalstar Service or Service Plan, GUSA will notify you. Notwithstanding therequirement to give notice, GUSA may terminate your Globalstar Service andService Plan without notice if:

(i) GUSA has not received your first payment by the due date on yourfirst bill;

(ii) GUSA determines that you are using the Globalstar Service in amanner which might adversely affect GUSA's service to others;

(iii) you or another Service Provider notifies GUSA that your Terminalhas been lost or stolen or has disappeared from your possession or control;

(iv) a law enforcement agency notifies GUSA that probable cause exists tobelieve that you have used or will use the Globalstar Service in violation ofor to violate the law, and requests action to protect the public's health, safetyor welfare;

(v) your Terminal's electronic serial number, mobile number or otheridentifying information has been spoofed or duplicated or is otherwiseassociated or potentially associated with illegal or fraudulent use of service;

(vi) another Service Provider notifies GUSA that your Terminal wasdetermined to be associated or potentially associated with illegal orfraudulent use of service or disconnected from service for non-payment of, orowing unpaid, service charges;

(vii) GUSA determines that your application for the Globalstar Serviceincluded information that was fraudulent, false or materially incomplete; or

(viii) you use or attempt to use Globalstar Service with equipment notauthorized for use on the Globalstar System.

5.3            Reactivation.  If GUSA suspends your Globalstar Servicefor non-payment, GUSA may, at its sole option, reactivate the GlobalstarService upon payment by you in full of the past due amount, including anyinterest associated with the late payment, a reinstatement charge and asecurity deposit in an amount determined by GUSA based on your payment history.

5.4            Termination by Customer.  You agree that GUSA may terminate theAgreement and the provision of Globalstar Service to you at any time for anyreason with or without notice and without liability to you. If GUSA terminatesthe Agreement and the provision of Globalstar Service pursuant to this Section5.4 and none of the causes for termination set forth in Section 5.2 exist, theEarly Termination Fee shall not apply. 

5.5            Your ResponsibilityPost-Cancellation or Termination by GUSA. IF AFTER YOUR SERVICE IS CANCELED PURSUANT TO SECTION 3.3 OR TERMINATEDPURSUANT TO THIS SECTION 5 YOUR TERMINAL SENDS INFORMATION OVER THE GLOBALSTARSYSTEM, ADDITIONAL CHARGES WILL APPLY AND GUSA SHALL HAVE SUCH OTHER RIGHTS ANDREMEDIES AGAINST YOU AS MAY BE AVAILABLE.

6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

6.1            SEPARATEEQUIPMENT WARRANTY; DISCLAIMER OF WARRANTIES.  YOU AGREE TO USE ONLY SATELLITE COMMUNICATIONS EQUIPMENT THATGLOBALSTAR HAS APPROVED FOR USE IN THE GLOBALSTAR SYSTEM. THE EQUIPMENT MUSTBEAR AN FCC CERTIFICATION NUMBER OR OTHER INDICATION OF TYPE CERTIFICATION FROMTHE REGULATORY AUTHORITY OF THE COUNTRY WHERE YOU OBTAINED THE EQUIPMENT. THE SEPARATE EQUIPMENT WARRANTY, IF ANY,ACCOMPANYING THE TERMINAL OR OTHER EQUIPMENT USED BY YOU IN CONNECTION WITH THEGLOBALSTAR SERVICE PROVIDED BY THE MANUFACTURER OR SUPPLIER OF THE TERMINAL OREQUIPMENT IS THE ONLY WARRANTY PROVIDED IN RELATION TO SUCH TERMINAL OR OTHEREQUIPMENT, AND YOUR REMEDIES FOR ANY AND ALL WARRANTY CLAIMS WITH RESPECT TOTHE TERMINAL AND ALL OTHER EQUIPMENT USED BY YOU IN CONNECTION WITH THEGLOBALSTAR SERVICE ARE LIMITED TO THOSE PROVIDED IN THE SEPARATE EQUIPMENTWARRANTY.  NOTHING IN THE AGREEMENT SHALL BE INTERPRETED AS A WARRANTY, EXPRESS ORIMPLIED, WITH RESPECT TO ANY TERMINAL OR OTHER EQUIPMENT USED BY YOU INCONNECTION WITH THE GLOBALSTAR SERVICE, AND YOU EXPRESSLY ACKNOWLEDGE AND AGREETHAT USE OF ANY SUCH TERMINAL OR OTHER EQUIPMENT IS AT YOUR SOLE RISK OTHERTHAN SUCH SEPARATE EQUIPMENT WARRANTY. EXCEPT AS SPECIFIED IN THE SEPARATEEQUIPMENT WARRANTY PROVIDED BY GUSA, IF ANY, GUSA EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES FOR ANYTERMINAL OR EQUIPMENT USED IN CONNECTION WITH THE GLOBALSTAR SERVICE, INCLUDINGWITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES REGARDING THE CONDITION,DESIGN, SPECIFICATIONS, WORKMANSHIP, MERCHANTABILITY OR FITNESS FOR APARTICULAR PURPOSE OF ANY SUCH TERMINAL OR EQUIPMENT, OR ANY WARRANTIES THATANY SUCH TERMINAL OR EQUIPMENT IS FREE FROM LATENT DEFECTS OR DEFICIENCIES, ORTHAT ANY SUCH TERMINAL OR EQUIPMENT IS FREE FROM INFRINGEMENT OF ANY PATENT,TRADEMARK, COPYRIGHT OR PROPRIETARY RIGHT OF ANY THIRD PARTY.  NO ADVICE OR INFORMATION, WHETHER ORAL ORWRITTEN, OBTAINED FROM GUSA OR ELSEWHERE, WILL CREATE ANY WARRANTY NOTEXPRESSLY STATED IN THE SEPARATE EQUIPMENT WARRANTY.  THE PRODUCT DOCUMENTATION, INCLUDING ALLDOCUMENTATION INCORPORATED BY REFERENCE HEREIN, SUCH AS DOCUMENTATION PROVIDEDOR MADE AVAILABLE AT THE GLOBALSTAR WEBSITE, IS PROVIDED “AS IS” AND “ASAVAILABLE” AND WITHOUT CONDITION, ENDORSEMENT, REPRESENTATION OR WARRANTY OFANY KIND BY GLOBALSTAR, GUSA OR THEIR AFFILIATES.  GLOBALSTAR, GUSA AND THEIR AFFILIATES ASSUMENO RESPONSIBILITY FOR ANY TYPOGRAPHICAL, TECHNICAL, OR OTHER INACCURACIES,ERRORS OR OMISSIONS IN THIS DOCUMENTATION.

THE APPLICABILITY OF THEABOVE LIMITATIONS AND EXCLUSIONS MAY VARY FROM STATE TO STATE AND/OR FROMCOUNTRY TO COUNTRY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  THE SEPARATE EQUIPMENT WARRANTY, IF ANY,GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARYBY JURISDICTION.  NOTWITHSTANDING THEFOREGOING, TO THE EXTENT REQUIRED BY APPLICABLE LAW, GUSA LIMITS THE DURATIONOF ANY IMPLIED WARRANTIES TO THE DURATION OF THE SEPARATE EQUIPMENT WARRANTYFOR THE APPLICABLE PRODUCT. 

THE TERMS AND CONDITIONSOF ANY SEPARATE EQUIPMENT WARRANTY PROVIDED BY GUSA OR ANOTHER MANUFACTURER ORSUPPLIER MAY BE UPDATED AT ANY TIME AND WITHOUT NOTICE.  IF THERE IS ANY CONFLICT BETWEEN THE TERMSCONTAINED IN THIS AGREEMENT AND THE TERMS CONTAINED IN ANY SEPARATE EQUIPMENTWARRANTY PROVIDED BY GUSA, THEN THE TERMS CONTAINED IN THE SEPARATE EQUIPMENTWARRANTY PROVIDED BY GUSA SHALL SUPERSEDE AND REPLACE THE TERMS CONTAINED INTHIS AGREEMENT.

6.2            DISCLAIMER OF WARRANTY FOR THEGLOBALSTAR SERVICE AND SOFTWARE.  YOUEXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE GLOBALSTAR SERVICE AND ANYASSOCIATED SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW, THE GLOBALSTAR SERVICE AND ANY ASSOCIATED SOFTWARE ARE PROVIDED“AS IS” AND “AS AVAILABLE” AND ALL OTHER WARRANTIES, REPRESENTATIONS, ANDCONDITIONS (EXPRESS OR IMPLIED) INCLUDING, BUT NOT LIMITED TO, ANY IMPLIEDWARRANTIES REGARDING CONDITION, WORKMANSHIP, MERCHANTABILITY OR FITNESS FOR APARTICULAR PURPOSE, THAT THE GLOBALSTAR SERVICE AND/OR ANY ASSOCIATED SOFTWAREWILL MEET YOUR REQUIREMENTS, THAT THE OPERATION WILL BE WITHOUT INTERRUPTION ORERROR-FREE, OF SATISFACTORY QUALITY, OF QUIET ENJOYMENT, THAT ANY DEFECTS INTHE SOFTWARE WILL BE CORRECTED, OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS ORANY OTHER EXPRESS OR IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW ORFROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXPRESSLY EXCLUDED FROMTHIS AGREEMENT AND DISCLAIMED BY GLOBALSTAR, GUSA AND ALL SERVICE PROVIDERS TOTHE FULLEST EXTENT PERMITTED BY LAW. GLOBALSTAR, GUSA AND SUCH SERVICE PROVIDERS MAKE NO WARRANTY IN RELATIONTO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE GLOBALSTAR SERVICE, ANYASSOCIATED SOFTWARE, OR IN RELATION TO AVAILABILITY, SUITABILITY OR MAINTENANCEOF THE GLOBALSTAR SYSTEM AND GLOBALSTAR, GUSA, AND THE SERVICE PROVIDERS MAKENO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY TRANSMISSION OF ACOMPUTER VIRUS, HACKING BY A THIRD PARTY, WORM, TIME BOMB, LOGIC BOMB, OR OTHERSUCH COMPUTER PROGRAM.  NO ORAL ORWRITTEN INFORMATION OR ADVICE GIVEN BY ANY DISTRIBUTOR, RESELLER OR ITSAUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.  YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TOYOUR TERMINAL, OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM USE OF THEGLOBALSTAR SERVICE.  THE SOFTWARE IS NOTINTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS,AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, ORANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH,PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. 

6.3            LIMITATION OF LIABILITY.  TO THE FULLEST EXTENT PERMITTED BY LAW,GLOBALSTAR, GUSA AND THEIR SERVICE PROVIDERS AND THEIR AFFILIATES, AND THEIRRESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS HEREBYEXPRESSLY EXCLUDE AND DISCLAIM ANY LIABILITY FOR ANY DAMAGES OR CLAIMS,INCLUDING INJURY OR DEATH, AND ANY INDIRECT, SPECIAL, CONSEQUENTIAL,INCIDENTAL, RELIANCE, EXEMPLARY OR PUNITIVE LOSS, DAMAGE, COSTS OR EXPENSES(INCLUDING LOSS OF INCOME, MEDICAL AND OTHER EXPENSES, LOSS OF GUIDANCE, CAREAND COMPANIONSHIP) WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE PROVISIONOF THE GLOBALSTAR SERVICE (INCLUDING ANY DELAY IN PROVIDING OR FAILURE TOPROVIDE THE GLOBALSTAR SERVICE) OR ITS USE BY YOU OR BY ANOTHER PERSON WHETHEROR NOT AUTHORIZED BY YOU TO UTILIZE THE GLOBALSTAR SERVICE. GLOBALSTAR, GUSAAND THEIR SERVICE PROVIDERS AND THEIR AFFILIATES, AND THEIR RESPECTIVEEMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS EXCLUDE ALL LIABILITY,WHETHER RESULTING FROM CONTRACT, TORT (INCLUDING LIABILITY FOR NEGLIGENCE ORBREACH OF STATUTORY DUTY) OR OTHERWISE IN RESPECT OF ANY LOSS, DAMAGE, COSTS,EXPENSES OR OTHER CLAIMS RESULTING FROM THE ACTS OR OMISSIONS OF SUCH PARTIES,FOR ANY FAULTS, FAILURES OR INADEQUACIES OF THE GLOBALSTAR SYSTEM OR THEGLOBALSTAR SERVICE, INCLUDING, WITHOUTLIMITATION, ANY FAILURE OR DELAY IN THE PROVISION OF THE GLOBALSTAR SERVICECAUSED BY:

                (I)ANY OF THE CONDITIONSDESCRIBED IN SECTION 2 ABOVE; OR

(II) MATTERS OUTSIDE OFGLOBALSTAR’S, GUSA’S OR THEIR SERVICE PROVIDERS’ OR THEIR AFFILIATES’REASONABLE CONTROL, WHICH SHALL INCLUDE, BUT ARE NOT LIMITED TO, OUTBREAK OFHOSTILITIES, RIOT, CIVIL DISTURBANCE, ACTS OF TERRORISM, FIRE, EXPLOSION,FLOOD, SNOW, FOG OR OTHER INCLEMENT WEATHER CONDITIONS, FAILURE OFTELECOMMUNICATIONS OR SATELLITE SYSTEMS, ELECTRICAL POWER FAILURES OR FLUCTUATIONS,SURGES IN THE ELECTRICAL MAINS OR CURRENTS, DAMAGE CAUSED BY ELECTROMAGNETICINTERFERENCE, THEFT, MALICIOUS DAMAGE, STRIKE, LOCK OUT OR INDUSTRIAL ACTION OFANY KIND; OR

(III) FAILURE, DELAY ORINACCURACY OF THE TERMINAL TO PROCESS AND/OR TRANSMIT DATA TRANSMISSIONS TO THEGLOBALSTAR SYSTEM; OR

(IV) FAILURE OF OR DELAYIN THE GLOBALSTAR SYSTEM AND/OR GROUND STATIONS TO PROCESS DATA TRANSMISSIONS;OR

(V) FAILURE OF OR DELAYON BEHALF OF OTHER SERVICE PROVIDERS TO PERFORM THE APPLICABLE SERVICES FORWHICH EACH IS CONTRACTED; OR

(VI) FAILURE TO OBTAIN ACLEAR LINE OF SIGHT TOWARD THE GLOBALSTAR SYSTEM; OR

(VII) FAILURE TOPROPERLY INSTALL OR CONFIGURE THE TERMINAL OR OTHER EQUIPMENT USED INCONNECTION WITH THE GLOBALSTAR SERVICE; OR

(VIII) FAILURE OFGLOBALSTAR, GUSA OR THEIR SERVICE PROVIDERS TO PROVIDE THE SERVICE(S) DUE TOTHE SERVICE(S) HAVING BEEN CANCELLED PURSUANT TO SECTIONS 3.3 OR 5.2; OR

(IX) NON-COMPATIBILITYOF THE TERMINAL OR OTHER EQUIPMENT USED IN CONNECTION WITH THE GLOBALSTARSERVICE WITH THIRD PARTY SOFTWARE; OR

(X) FAILURE ORINADEQUACY OF POWER SUPPLY FOR THE TERMINAL OR OTHER EQUIPMENT USED INCONNECTION WITH THE GLOBALSTAR SERVICE.

6.4            LIABILITY LIMITATION.  IN NO EVENT SHALL THE TOTAL, MAXIMUM,AGGREGATE LIABILITY OF GLOBALSTAR, GUSA AND THEIR SERVICE PROVIDERS FOR ALLCLAIMS UNDER A SERVICE PLAN ARISING OUT OF OR RELATING TO THE GLOBALSTARSERVICE OR THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THEGLOBALSTAR SERVICE UNDER A SERVICE PLAN DURING THE 12 MONTHS PRECEDING THE CLAIM.

6.5            LIMITATIONS EFFECTIVE.  THE LIMITATIONS IN THIS SECTION 6 SHALL APPLYTO ALL CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES HOWSOEVER CAUSED AND WHETHERFOR BREACH OF CONTRACT, IN TORT, BY WAY OF NEGLIGENCE, STRICT LIABILITY, OROTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCHDAMAGES WERE REASONABLY FORESEEABLE.

7. Your Obligations. 

7.1            Familiarization with your Terminal.  You agree tofamiliarize yourself with the operation of your Terminal, including readingyour GUSA User Guide.  You agree you will use the Terminal only inaccordance with those instructions. GUSA strongly recommends that you also viewthe GUSA Starter Video available on the Globalstar website, the FAQs availableon the Globalstar website and practice properly using your Terminal by sendingtest messages and fixing your GPS coordinates.  

7.2            Your Use.  Youagree not to use Globalstar Service for any purpose in violation of theAgreement or applicable law, or in any manner which interferes unreasonablywith the use of the Globalstar Service by any other subscriber or with GUSA'sability to provide service to other subscribers.

7.3            Restriction ProhibitingCommercial Tracking of Personnel and/or Assets.  Your Terminal maynot be used at any time or under any circumstances for the commercial trackingof personnel or assets.  Commercial tracking of assets or personnel is notallowed pursuant to GUSA’s license with Google Maps™.  Unauthorizedcommercial use will result in additional charges per data transmission. GUSA may also immediately terminate the Globalstar Services without refund andexercise all other remedies available.

7.4            FCCRestrictions.  FCC regulations prohibit your using aTerminal in a civil aircraft unless that Terminal has a direct physicalconnection to the aircraft cabin or cockpit communications system.

7.5            Misuse.  You agree thatyou will not use the Globalstar Services or the Terminal (i) to abuse or misuseany Globalstar Services; (ii) to utilize your Terminal for the commercial trackingof assets and/or personnel, (iii)) to send messages that are offensive,defamatory, abusive or obscene or intended to harass, (iv) to transmit virusesor other disabling, damaging or harmful code, (v) for any purpose inviolation of the Agreement or law, (vi) in any manner that infringes ormisappropriates third party rights, or (vii) in any manner which overloads orunreasonably interferes with the Globalstar Services or the GlobalstarSystems.  You agree to use the Globalstar Services only with the Terminaland not to use any other equipment in connection with the Globalstar Servicesunless expressly approved by GUSA.  Failure to adhere to theserestrictions may result in termination of this Agreement by GUSA, and GUSA mayexercise all other remedies available.

7.6            AuthorizedUsers.  You are solely responsible, and assume anyliability, for any user authorized by you to utilize the Globalstar Service orTerminal.  You are also responsible forthe compliance with the Agreement by all of your authorized users.  In addition, you agree to pass usageinstructions and Service Plan terms and conditions to all of your authorizedusers.

7.7            Lost or StolenTerminal.  In the event that your Terminal is lost orstolen, you are liable for all use by anyone else of your Terminal, including,without limitation, all usage and toll, long distance and roaming chargesoriginating from your Globalstar Service telephone number. However, GUSA agreesto waive all charges (except the fixed monthly recurring charges under your ServicePlan) made during the period that begins 2 hours after you report the loss,theft, or disappearance of your Terminal and ends when the Terminal is restoredto you or your service is terminated, whichever occurs first. You areresponsible for the cost of replacing your Terminal.  If GUSA requests, you shall provide a writtenpolice report of the incident. If your Globalstar Service is terminatedfollowing the incident, reinstatement of service may be subject to GUSA'sthen-standard reinstatement charge as published on the Globalstar website.

7.8            Use withStatic IP Address / VPN.  If you intend to use your Globalstar Servicewith a static IP address and/or a Virtual Private Network ("VPN"), you must first ensure thatyour network can support the Globalstar VPN as specified in Globalstar's StaticIP/VPN Configuration document, which is available from GUSA or an authorizedGUSA distributor.

(i) You are solelyresponsible for your own network at your site, including connectivity to theInternet and your Local Area Network. GUSA is not responsible for theperformance of your network, and cannot assist in troubleshooting problems thatare not directly related to the VPN router provided by GUSA.

(ii) You must use yourVPN service in a secure and lawful way. You must not attempt to gain anyunauthorized access to the Globalstar System, and you must protect theGlobalstar VPN router from unauthorized access on your premises or through yournetwork.

(iii) GUSA will monitorthe VPN service on a 24/7 basis. If the VPN link fails, GUSA will attempt toresolve the problem promptly. GUSA will attempt to notify you if an alarm isdetected on your VPN circuit that will result in downtime. GUSA may notify youof any planned maintenance downtime. You must notify GUSA Customer Service ifyou plan to take down the VPN for any period of time.

(iv) GUSA reservesstatic IP addresses for you based on your estimate of how many modems will beprovisioned. GUSA reserves the right to reassign any IP address that you do notuse.

7.9            Indemnity.  To themaximum extent permitted by law, you agree to indemnify, defend and holdharmless any or all of the Globalstar and GUSA Parties from and against any andall claims, suits, actions or proceedings, as well as any and all losses,liabilities, damages, costs and expenses (including reasonable attorney’sfees), arising out of, in connection with, resulting from or relating to (i)your or your authorized user’s use of the Globalstar Service or Terminal orother equipment used in connection with the Globalstar Service, (ii) your oryour authorized user’s breach of the Agreement or misuse of the GlobalstarService or Terminal or other equipment used in connection with the GlobalstarService, (iii) any injury or death to you or loss of property, or (iv) anynegligent, reckless or tortious act or omission committed by you or anyauthorized user.

8. GOVERNING LAW ANDBINDING ARBITRATION.

8.1            GOVERNING LAW;WAIVER OF JURY TRIAL; WAIVER OF CLASS ACTIONSThe Agreement is governed by thelaws of the State of Louisiana without giving effect to conflicts of lawsprinciples. YOU AGREE THAT ANYDISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING INANY WAY TO THE AGREEMENT OR THE PRODUCTS OR SERVICES GUSA SUPPLIES("CLAIM"), REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTIONASSERTED OR THE RELIEF OR REMEDIES SOUGHT, SHALL, TO THE EXTENT POSSIBLE, BESETTLED AMICABLY BY THE PARTIES HERETO. IN THE EVENT OF A FAILURE TO REACH AMICABLESETTLEMENT OF A CLAIM, YOU AGREE THAT SUCH CLAIM SHALL BE RESOLVED BY BINDINGARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE ASCOUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE.YOU UNDERSTAND THAT ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND THUSTHIS PROVISION WAIVES ANY RIGHT TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATEANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY.  ALTHOUGH THERE IS NO JUDGE OR JURY IN ARBITRATION,AND THE PROCEDURES MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD YOU THE SAMEDAMAGE AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURTWOULD.  THIS PROVISION ALSO MEANS THATNEITHER YOU NOR GUSA WILL BE ABLE TO PURSUE A CLAIM AS A CLASS ACTION OR OTHERREPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEYGENERAL) EITHER IN ARBITRATION OR IN COURT, NOR WILL YOU OR GUSA BE ABLE TOPURSUE A CLAIM AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVEACTION IN ARBITRATION OR IN COURT, AND YOU AND GUSA WAIVE ANY RIGHT TO DO SO.IF FOR SOME REASON THE PROHIBITION ON CLASS ACTIONS SET FORTH IN THIS PARAGRAPHCANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.


8.2            Applicability.  This binding arbitration provision applies toany and all Claims that you have against GUSA, its affiliates, licensees,predecessors, successors, assigns, and against all of their respectiveemployees, agents, or assigns, or that GUSA has against you; it also includesany and all Claims regarding the applicability of this arbitration clause orthe validity of the Agreement, in whole or in part. It is made pursuant to atransaction involving interstate commerce, and shall be governed by the FederalArbitration Act, 9 U.S.C. sections 1-16, as it may be amended.

8.3            Arbitration.  The party filing a Claim(s) in arbitrationmust file its Claim(s) before the American Arbitration Association ("AAA")and such Claim(s) shall be administered by the AAA under its CommercialArbitration Rules, including where appropriate the Consumer-Related DisputesSupplementary Procedures, in effect at the time the Claim(s) was filed or suchsuccessor procedures. Rules and forms for the arbitration may be obtained byvisiting the AAA’s website, and Claims may be filed at American ArbitrationAssociation, Case Filing Services, 1101 Laurel Oak Road, Voorhees, NJ 08043,casefiling@adr.org.

8.4            NO CLASSARBITRATION. NOTWITHSTANDING ANY OTHER PROVISION OF THE AGREEMENT, THEARBITRATOR SHALL NOT HAVE THE POWER TO DETERMINE THAT CLASS ARBITRATION ISPERMISSIBLE.  THE ARBITRATOR ALSO SHALLNOT HAVE THE POWER TO PRESIDE OVER CLASS OR COLLECTIVE ARBITRATION, OR TO AWARDANY FORM OF CLASSWIDE OR COLLECTIVE REMEDY. INSTEAD, THE ARBITRATOR SHALL HAVE POWER TO AWARD MONEY OR INJUNCTIVERELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THEEXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUALCLAIM.  NO CLASS OR REPRESENTATIVE ORPRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BEMAINTAINED IN ANY ARBITRATION HELD UNDER THE AGREEMENT.  NO AAA RULE WILL APPLY IF IT CONFLICTS WITHTHE PROVISIONS OF THIS PARAGRAPH.

8.5            LOCATION OFARBITRATION.  Any arbitration hearing that you attend shallbe held at a location which is reasonably convenient to you and GUSA asmutually agreed upon in writing. In the event you and GUSA are unable to agreeon a location for the arbitration hearing, a place shall be chosen by thearbitrator or arbitrator administrator. Judgment upon any arbitration award maybe entered in any court having jurisdiction.

8.6            SURVIVAL.  ThisArbitration Agreement shall survive: (i) termination or changes in theAgreement, and the relationship between you and GUSA concerning the Agreement;and (ii) the bankruptcy of any party or any similar proceeding initiated by youor on your behalf. If any portion of this Arbitration provision is deemedinvalid or unenforceable, the remaining portions shall nevertheless remain inforce.

8.7            COURTJURISDICTION.  In the event the AAA refuses to administer aClaim, the parties agree that the exclusive jurisdiction and venue for suchClaim shall be either the Twenty-Second Judicial District Court for the Parishof St. Tammany, State of Louisiana, or the United States District Court for theEastern District of Louisiana. The parties expressly consent to, andirrevocably and unconditionally waive any objection to, exclusive jurisdictionand venue in either of said forums. IF THE CLAIM IS SUBMITTED TO LITIGATIONUNDER THIS PARAGRAPH, THE PARTIES AGREE AND HEREBY WAIVE ANY RIGHT TO A TRIALBY JURY IN CONNECTION WITH ANY SUCH PROCEEDING.

9.             GUSAUser Account, Websites.

9.1            GUSAWebsites.  Your use of the Globalstarwebsites, including the GUSA Shared Pages found on http://www.globalstar.com, and your GUSA user account and/or anymicrosite applicable to your region, including the use ofthe SMS, e-mail messages or Google Maps™ features, is governed by theterms and conditions of use contained on each such website, including theterms and conditions governing your use of the embedded Google Maps™ softwareas specified at http://maps.google.com/help/terms_maps.html (or any otherlocation) and the General Public License governing the use of the embedded opensource software.  Please note that the Google Maps™ license terms do notallow for you to utilize Google Maps™ to display the messages/waypoints if theintended use is for the commercial tracking of personnel and assets.

9.2            Complete andAccurate Information.  You acknowledge and acceptthat the information required in your GUSA user account, including yourRegistration Data, contact information, designated contacts, and supportedservice options, is essential for proper provision of the GlobalstarServices.  You accordingly certify that the information supplied by you isaccurate in all respects.  It is your responsibility to ensure that theinformation supplied by you remains accurate, complete and up to date. Changing your address from one country to another country (for example from theUS to Canada) may require service level changes and might incur additionalcharges on your account.  When composing GUSA messages, you acknowledgeand agree that it is your sole responsibility to ensure that you select theintended designated contact from your available contacts and are satisfied withthe content of your GUSA message prior to sending it. Please contact customercare for assistance.

9.3            ContentLicense from You. You agree that you are solely responsible for (and that GUSA has noresponsibility to you or to any third party for) any content that you create,transmit or display while using the Globalstar Services and any associatedsoftware and for the consequences of your actions by doing so.  You acknowledge that the GUSA messages mayinclude your location information.  Youacknowledge and agree that by submitting, posting or displaying the content yougive GUSA a perpetual, irrevocable, worldwide, royalty-free, and non-exclusivelicense to reproduce, adapt, modify, create derivative works of, translate,publish, publicly perform, publicly display and distribute any content whichyou submit, post or display on or through, the Globalstar Services and anyassociated software.  Furthermore, youagree that this license includes a right for GUSA to make such contentavailable to other companies, organizations or individuals as required for theprovision of the Globalstar Services, including www.geocaching.com and/or anysocial connectivity sites designated by you. In order to provide the Globalstar Services, GUSA may be required totransmit or distribute your content over various public networks and in variousmedia.  GUSA may also be required to makechanges to your content if so required by the technical requirements ofconnecting networks, devices, services or media.   

9.4            ThirdParty Licenses and Content.  If, as part of your use of the GlobalstarServices and any associated software, you download a piece of software, accesssoftware online, or purchase goods, which are provided by a third party thenyour use of these other services, software or goods may be subject to separateterms between you and the third party provider. You agree to comply with such terms. This third party content may be protected by intellectual propertyrights which are owned by the third party. Any reference or links to any third party content does not necessarilyconstitute or imply its endorsement, sponsorship or recommendation by GUSA orits licensors.  Third party product andservice information are the sole responsibility of each individual third partyvendor.  You hereby acknowledge that yourGUSA messages sent via the software may utilize Google Maps™.  You agree to be bound by the Google Maps™ APITerms of Use as listed at http://www.google.com/intl/en_ALL/help/terms_local.html (or any other location). In addition, it is possible that you may find some thirdparty content offensive, indecent or objectionable, and that, in this respect,you use the Globalstar Services at your own risk.  Any opinions, advice, statements, services,offers, or other information or content expressed or made available by thirdparties are those of the respective authors and not of GUSA.  GUSA neither endorses nor is responsible forthe accuracy or reliability of any opinion, advice, information or statement byanyone other than authorized GUSA employees acting in their official capacities.You understand and acknowledge that GUSA is not responsible for and does notmonitor third party content for accuracy or reliability.

9.5            Web Browsers. You must have a compatible web browser to access your GUSA user account via theinternet at the Globalstar website.  Check the FAQ section of theGlobalstar website or contact GUSA Customer Service for the most recent list ofcompatible web browsers.

9.6            Privacy, Data Protection.  GUSA is committed to maintaining your privateinformation.  In order to access theGlobalstar Services, you will be required to provide information about yourself(such as identification or contact details). You agree that any RegistrationData you give to GUSA will always be accurate, correct and up to date.  You agree and understand that you areresponsible for maintaining the confidentiality of passwords associated withany account you use to access the software and the Globalstar Services.Accordingly, you agree that you will be solely responsible for all activitiesthat occur under your account.  If you becomeaware of any unauthorized use of your password or of your account, you agree toimmediately notify GUSA.  GUSA will keepyour personal data confidential, provided however that GUSA may provide suchinformation, including your name, registration information, location andmessage history, to the Emergency Services Provider (currently GEOS), emergencyresponders and immediate family members, and other Service Providers, and maydisclose such information as otherwise provided in this Agreement.  GUSA may also provide your information to anyGUSA Assist provider, such as Nation Safe Drivers, that is required for theGUSA Assist provider to provide your service, including your name, registrationinformation, location and message history.  GUSA may also share with thirdparties certain pieces of non-personal, aggregated information, meaning thatinformation from many users is grouped together and is disclosed in such a waythat it does not reveal the identity of any particular user, such as GUSA Userdemographic data or GUSA usage data for marketing, advertising or otherbusiness purposes.  GUSA may collect information about your transmissions,including location, to monitor service quality; however, GUSA will generallynot monitor the content of your Type & Send, pre-programmed SMS and/ore-mail messages to your contacts unless law enforcement requires or required bylaw or for security concerns for the contacts of others.  Under the SharedPage feature, GUSA may provide your tracking messages per your selections. GUSA may provide your billing information to its parent company andsubsidiaries if required for provision of the Globalstar Services, or to acredit bureau in order to determine your credit-worthiness, or to a collectionagency should your account become past due, or to the Emergency ServicesProvider, in the event that you deliberately or negligently misuse the SOSEmergency service.  With the exception of information provided to GEOS,aggregated information, and/or billing information, GUSA will not sell orotherwise pass your personal information to third parties, except if requiredby law or pertinent to judicial or governmental investigations or proceedingsor if GUSA considers it necessary to do so to prevent risk of death or seriouspersonal injury to you or others.  You consent to the foregoingcollection, use and disclosure of your personal information and to GUSA’scollection, use and disclosure of your personal information as set out in thisSection 9.6.  You also consent to theprivacy policies listed at the Globalstar website pertaining to your use of thatwebsite.

9.7                            Third Party Content.  Any opinions,advice, statements, services, offers, or other information or content expressedor made available by third parties and other users on GUSA Shared Pages and/or the Globalstar website are those of the respective authorsand not of GUSA. GUSA neither endorses nor is responsible for the accuracy orreliability of any opinion, advice, information or statement made on GUSAShared Pages and/or the GUSA website by anyone other than authorized GUSAemployees acting in their official capacities. You understand and acknowledgethat GUSA is not responsible for and does not monitor third party content foraccuracy or reliability.

10. GeneralProvisions.

10.1          Compliance with U.S.Export Regulations. The Globalstar products and services are subject to theU.S. Export Administration Regulationshttps://www.bis.doc.gov/index.php/regulations/export-administration-regulations-earenforced by the U.S. Bureau of Industry and Security https://www.bis.doc.gov,as well as regulations enforced by the U.S. Office of Foreign Assets Control https://www.treasury.gov/about/organizational-structure/offices/Pages/Office-of-Foreign-Assets-Control.aspx.  Youwill comply fully with these requirements, as well as all applicablerequirements under the export and import laws and regulations of othercountries. Without limitation, all parties acquiring the Globalstar productsand services are responsible for obtaining all licenses or other approvals fromthe U.S. Government necessary for acquiring, exporting, reselling, reexportingor otherwise transferring the Globalstar products and services. This includesrestrictions and prohibitions against any transfer to (i) anyone on the U.S.Government’s Consolidated Screening Listhttps://build.export.gov/main/ecr/eg_main_023148, (ii) any country subject toU.S. economic sanctions (currently Cuba, Iran, North Korea, Sudan, Syria, andthe Crimea region of Ukraine), or (iii) any end use involving the development,production, or use of nuclear power, missiles, or chemical or biologicalweapons.

10.2          Copyrights,Intellectual Property, Patents and Documentation.  All Globalstar products, the GlobalstarService, and all content (including software, photographs, graphs, videos,graphics and music or sounds) included with the Globalstar products, GlobalstarService, or referenced in product or Globalstar Service documentation, areprotected by copyright, trademark, patent or other proprietary rights (“Intellectual Property”), of Globalstaror other parties.  As between you andGlobalstar, you agree that Globalstar owns all Intellectual Property in yourGlobalstar product, Globalstar Service and Globalstar content, and you shallnot attempt to challenge the validity or enforceability of any suchrights.  Additional information concerningthe Intellectual Property and the applicable Intellectual Property policiesapplicable to the Globalstar products and Globalstar Service can be found atthe Globalstar website. THE TERMS ANDCONDITIONS OF THE GLOBALSTAR WEBSITE’S INTELLECTUAL PROPERTY POLICY FORMS PARTOF THIS AGREEMENT AND MAY BE UPDATED BY GLOBALSTAR AT ANY TIME AND WITHOUTNOTICE.  You may not copy, modify,remove, delete, augment, reverse engineer, publish, transmit, or createderivative works, from, or in any way exploit, any of the Globalstar content,in whole or in part, without Globalstar’s written permission. Globalstarproducts, Globalstar Service, and the product and Globalstar Servicedocumentation may reference various trademarks, names or brands, owned byGlobalstar or other parties. These trademarks are the valuable property of thetrademark owner, and may be used only with permission of the respectivetrademark owner. 

10.3          Assignment; NoThird-Party Beneficiaries.  Althoughyou may authorize others to use your Terminal, you may not assign theAgreement, or any of your rights and obligations under the Agreement, orre-sell, re-provision, or rent the Terminal or the Globalstar Service (eitherfor a fee or without charge), to any other person, firm, agency, corporation,or other legal entity without the prior approval of GUSA. If you are acorporation, partnership, or limited liability company, you may assign theAgreement, including your obligations under it, pursuant to a sale of yourassets or a transfer of control of your business. The Agreement shall be bindingupon and shall inure to the benefit of the parties and their permitted assigns.Except as expressly provided in Sections 7, 8, 9 and 10 with respect to theGlobalstar and GUSA Parties, the Agreement has no third-party beneficiaries anddoes not confer any benefits or rights on or to any third person whatsoever.

10.4          Remedies Cumulative.  In addition to its rights stated in theAgreement, GUSA may pursue any other remedy available to it. All rights andremedies of GUSA are cumulative and not alternative, and GUSA's failure toexercise any right or remedy does not limits its rights or remedies withrespect to any continuing or future default by you.

10.5          Survival of AccruedRights and Obligations.  Thetermination of the Agreement or the permitted assignment of a party's interestshall not affect or prejudice any rights or obligations of either party thathave accrued or arisen between them before termination under the Agreement. Allsuch rights and obligations shall survive the termination of the Agreement.

10.6          No Waiver.  Neither the waiver by either of the partiesof a breach of or a default under the Agreement, nor the failure of either ofthe parties to enforce or exercise any of the provisions of the Agreement,shall operate to waive any rights or remedies for any subsequent breach ordefault.

10.7          Reformation;Severability.  If any term orprovision of the Agreement, or the application thereof to any person orcircumstance, shall at any time or to any extent be invalid, illegal orunenforceable in any respect as written, the parties intend for any arbitratoror court construing the Agreement to modify or limit such provision temporally,spatially or otherwise so as to render it valid and enforceable to the fullestextent allowed by law.  Any such provisionthat is not susceptible of such reformation shall be ignored so as to notaffect any other term or provision hereof, and the remainder of the Agreement,or the application of such term or provision to persons or circumstances otherthan those as to which it is held invalid, illegal or unenforceable, shall notbe affected thereby and each term and provision of the Agreement shall be validand enforced to the fullest extent permitted by law.

10.8          Notices.  Notices required to be in writing under the Agreementshall be given, if by you, by email to customerservice@globalstar.com, byregular mail to 300 Holiday Square Blvd., Covington, LA 70433 (Attn: CustomerService), or by any other means at the Globalstar website for contacting GUSACustomer Service in writing. Notices required to be in writing by GUSA may begiven in any manner expressly permitted under the Agreement with respect tosuch notice or, if none is stated, by first class mail or by private courierservice addressed to your last known billing address, or by electronic meansaddressed to your fax number or email address. All notices required to be inwriting shall be effective when delivered as properly addressed. 

10.9          References toWebsites.  The Agreement includes references to variousthird party websites for additional information.  You acknowledge that such information maycease to be located at the particular third party web address that isreferenced in the Agreement.  In thatcase, it is your responsibility to identify the new location of the relevantinformation, and if you are unable to locate such information, you may contactGUSA for assistance.  Please allowadequate time for a GUSA response. 

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