End User License Agreement

This End User License Agreement (this “Agreement”) is by and between you, the individual who has clicked on the “I Agree” button below (“You” or “Your”), and CRESCENT ROSS AVENUE INVESTORS LP, a Delaware limited partnership (“Provider”), and governs Your access and use of the guest wireless internet network for short-term access to the Provider’s wireless local area network or hotspot, also known as a wireless fidelity (or Wi-Fi) network or hotspot (the “Network”), as well as any content, information and materials which may be found on, may accompany or are otherwise provided in connection with Provider’s website(s) and webpage(s) related to the Service and/or the Network (including, without limitation, the webpage and frames wherein this Agreement is found) (collectively, the “Site”), which Provider desires to make available to You (collectively, the “Service”). Your use of the Service, including, without limitation, the Network and Site, is provided as a courtesy and convenience to You on an as-is basis; Your use of the Service, including, without limitation, the Network and Site, is at Your own risk.

Carefully read each and every term and condition of this Agreement.  If You agree to the terms and conditions of this Agreement, then please indicate Your acceptance of this Agreement by clicking on the “I Agree” button found at the end of this Agreement.  Notwithstanding the foregoing, Your  access or use of the Service or the Network in any way is evidence of your acceptance of this Agreement.

If  You do not agree to any terms or conditions of this Agreement, then You are strictly prohibited from accepting, accessing or making any use of the Service, the  Network, or any goods or services provided or to be provided under or in connection with the Service, the Network, or this Agreement.

If You are under the age of eighteen (18) years, then You are strictly prohibited from accessing or making any use of the Service or the Network.

This Agreement shall be deemed made and entered into by You and Provider as of the date of Your acceptance of this Agreement.

1. Description of the Service.  The Service is provided by Provider.  Subject to the terms and conditions of this Agreement, the Service provides You with wireless access to the Network via the Network and its related Network access point(s).  The Service and/or the Network may or may not be secure; Your  access or use of the Service in any way is done at Your own risk.  Provisioning of the Service is subject to the availability of the operational limitations of the requisite equipment and associated facilities.  You acknowledge and agree that temporary or permanent interruptions of the Service may occur, and that Provider will not be liable for any such interruptions.

2. Provider’s Property.  The Service, the Network, the Site and all parts thereof (together with all elements and derivatives thereof, all hardware, software and Network access points related thereto, all content related thereto, and all copyrights, trademarks, patents, patent applications, provisional patents, patentable subject matter, ideas, know-how, and trade secrets related thereto) are the exclusive property of Provider or, with regard to certain elements of the Service, the Network, the Site and/or certain parts thereof, the exclusive property of a third party who has licensed the same to Provider (with this Agreement being a permissible sublicense thereof).  Your right to access and use the Service, if any, is not coupled with an interest.  In no event shall You own, have or retain any rights, titles or interests in or to the Service, the Network, the Site or any parts thereof, except as expressly provided for under this Agreement.  Notwithstanding the foregoing, Provider claims no rights, titles or interests in or to, and is not responsible for, any third-party systems, networks, services, websites, content, information or materials that may be accessed or used through the Service.

3. Grant of License.

3.1 License and License Fee.  Provider grants You, on a gratis (or without charge) basis, a limited, non-exclusive, non-transferable and freely revocable license to access and use the Service, as it may exist and be made available from-time-to time; provided, however, that, at all times, Your access and use of the Service is subject to the terms and conditions of this Agreement.

3.2 Reservation of Rights.  Nothing in this Agreement shall restrict or limit any rights, titles or interests of Provider or Provider’s third-party licensor(s) in, to or with respect to the Service, the Network, the Site, or any goods or services provided or to be provided under or in connection with the Service, the Network, the Site or this Agreement.

4. User Conduct.  You are only authorized to access and use the Service for legitimate, personal and noncommercial purposes.  You shall not cause, engage in, encourage or incite any of the following conduct, regardless of whether You are aware or unaware of such conduct:  (a) use or attempt to use the Service in violation of any international, federal, state or local law, rule or regulation; (b) act or attempt to act in any manner that will overload, interfere with, disrupt, damage, disable, overburden or impair the Service, the Network or any parts thereof (including, without limitation and by way of example only, the Network’s infrastructure); (c) gain or attempt to gain unauthorized access to computer systems, networks, services, websites, content, information or materials through any means or through the Service; (d) use or attempt to use the Service for the purpose of exploiting, harming, or attempting to exploit or harm, minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (e) use or attempt to use the Service to send, knowingly receive, upload, download, use, or re-use any material which violates the rights of any individual or entity established in any jurisdiction; (f) use or attempt to use the Service to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (g) use or attempt to use the Service to impersonate or attempt to impersonate Provider, a Provider employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); (h) use or attempt to use the Service to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, the Network or any parts thereof, or which, as determined by us, may harm Provider or users of the Service, the Network or any parts thereof or expose them to liability; (i) use or attempt to use the Service to introduce any viruses, Trojan horses, worms, logic bombs, or other software or material which is malicious or technologically harmful; (j) use or attempt to use any robot, spider, or other automatic device, process, or means to access the Service, the Network or any parts thereof for any purpose, including monitoring or copying any Service traffic or resources available on via the Service or on the Network; (k) use or attempt to use any manual process to monitor or copy any Service/Network traffic or resources available via the Service or on the Network or for any other unauthorized purpose without our prior written consent; (l) use or attempt to use any device, software, or routine that interferes with the proper working of the Service, the Network or any parts thereof; (m) violate, attempt to violate, or knowingly facilitate the violation of the security or integrity of the Service, the Network or any parts thereof; and (n) interfere or attempt to interfere with the proper working of the Service, the Network or any parts thereof.  Provider, in its sole discretion, will determine whether Your conduct is in compliance with this Agreement.  Without in any way limiting the foregoing, You agree not to use the Service, the Network or any parts thereof to send, knowingly receive, upload, download, use, or re-use any material which: (i) contains any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (iv) violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations; (v) is likely to deceive any person; (vi) promotes any illegal activity, or advocates, promotes, or assists any unlawful act; (vii) causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person; (viii) impersonates any person, or misrepresents Your identity or affiliation with any person or organization; (ix) involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or (x) gives the impression that such material emanates from or is endorsed by Provider or any other person or entity, if this is not the case.  You shall indemnify, release and hold harmless Provider and Provider’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, assigns, lenders, mortgagees, licensors and licensees from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties and expenses (including costs and reasonable attorneys’ fees) incurred by or asserted against such indemnitees arising out of or in connection with Your use or misuse of the Service, the Network or any parts thereof.

5. Enforcement.  Provider has the right to (i) monitor Your use of the Service, the Network or any parts thereof for any purpose in Provider’s sole discretion and as Provider sees fit; (ii) take any action Provider deems necessary or appropriate in Provider’s sole discretion if Provider believes Your conduct violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service, the Network or any parts thereof or the public, or could create liability for Provider; (iii) disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy; (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service, the Network or any parts thereof; (v) terminate or suspend Your access to all or part of the Service, the Network or any parts thereof for any or no reason, including without limitation, any violation of this Agreement. Notwithstanding the foregoing, You understand and acknowledge that the unauthorized acceptance, access or use of the Service will cause Provider immediate and irreparable harm and significant injury, which may be difficult to measure with certainty or to compensate through monetary damages.  Therefore, You agree that if You directly, indirectly or inadvertently cause an unauthorized access or use of the Service, then Provider shall be entitled to obtain a temporary restraining order, a preliminary injunction, a temporary injunction and/or a permanent injunction, without the necessity of a bond, against such breach from any court of competent jurisdiction.  Provider’s right to obtain such relief shall not limit its right to obtain other remedies.  In addition, Provider may seek commensurate remuneration for any and all activities required to investigate and verify any unauthorized  access and use of the Service, the Network, the Site or any part thereof.  Without limiting the foregoing, Provider has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Provider to disclose the identity or other information of anyone who accesses or uses the Network. You waive and hold harmless Provider and Provider’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, assigns, lenders, mortgagees, licensors and licensees from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities.

6. Monitoring the Service and the Network; Privacy.  You have no right of privacy with respect to the Service or Your access or use thereof.  Provider has no duty or obligation to monitor the Service or Your access or use thereof.  However, Provider may monitor and disclose information regarding Your access or use of the Service for any reason if Provider, in its sole discretion, believes that it is reasonable to do so (including, without limitation and by way of example only, to investigate civil and criminal complaints, to satisfy applicable laws, rules, regulations, court orders, legal processes, and legal requests, to operate and maintain the Service, and to protect itself and its customers).

7. Marketing.  Provider and/or various third parties may, from time-to-time, present promotions, advertisements or other marketing materials through or in connection with the Service (collectively, the “Marketing Materials”).  Your dealings with any third-party Marketing Materials found on, through or in connection with the Service is solely between You and the third-party advertiser associated with said third-party Marketing Materials, and Provider shall not be liable for any loss or damage of any sort incurred as a result of any such dealings with, or as a result of the presence of, the Marketing Materials.  Your participation in any promotional or other marketing event is subject to the terms and conditions associated with that event.

8. Third-Party Sites.  You may be able to access and use third-party systems, networks, services, websites, content, information or materials through the Service (collectively, “Third-Party Sites”).  Provider is not responsible for the availability of or content found on the Third-Party Sites.  You acknowledge and agree that Provider is not responsible for any content, goods, services, promotions, advertisements, programs, codes or other information or materials which may or may not be found on or arise from the Third-Party Sites (including, without limitation and by way of example only, malicious software and spyware programs, and illegal content).  The ability to access and use Third-Party Site though the Service does not constitute an affiliation with, association with or endorsement of the Third-Party Sites or any content, goods, services, promotions, advertisements, programs, codes or other information or materials which may or may not be found on or arise from the Third-Party Sites.

9. Changes to the Service.  Provider reserves the exclusive right to change, modify, discontinue or terminate, temporarily or permanently, at any time, from time-to-time, and with or without notice to You, the Service, the Network, the Site or any part thereof.

10. Termination of this Agreement.  This Agreement, and any rights granted and services provided to You under this Agreement, shall automatically terminate upon the earlier of either:  (a) the material or immaterial breach of any term or condition of this Agreement by or because of You; or (b) Provider providing You with written notice of the termination of this Agreement for any reason or for no reason.  Any and all rights and obligations under provisions which by their terms, conditions or nature are expressly stated to, or are intended to, survive the termination of this Agreement shall survive the termination of this Agreement in perpetuity.

11. Disclaimers. 

11.1 General Disclaimer.  Your  access and use of the Service in any way is done at Your own risk.  Provider does not make, nor has Provider made, any representations or warranties of any kind or nature (whether direct or indirect, whether oral or in written, or whether express or implied) to You with respect to the Service, the Network, the Site or any goods or services provided or to be provided under or in connection with the Service, the Network, the Site or this Agreement.  Accordingly, Provider expressly disclaims any and all express warranties, implied warranties (including, without limitation, implied warranties of merchantability, fitness for a particular purpose, good faith and fair dealing, title, non-infringement, non-interference, non-disturbance, non-disparagement, quality, and performance), and warranties arising from conduct, course of dealing, custom and usage in trade.  Provider has made no affirmation of fact or promise relating to the Service, the Network, the Site or any goods or services provided or to be provided under or in connection with the Service, the Network, the Site, or this Agreement that has become any basis of this bargain.  There are no warranties (express, implied or other) that extend beyond the description on the face of this Agreement.  The Service, the Network, the Site and any goods and services provided or to be provided under or in connection with the Service, the Network, the Site or this Agreement are provided on an “as is” and “with all faults” basis.

11.2 Disclaimer About Certain Content.  Any opinions, advice, statements, offers or other content, information or materials found on or made available through the Service are those of their respective authors and not of Provider, and should not necessarily be relied upon.  Such authors are solely responsible for the accuracy of such infomration or content.  Provider does not guarantee, adopt or endorse the accuracy, completeness, reliability or usefulness of any such content, information or materials, and is not responsible for the accuracy, completeness, reliability, legality or usefulness of any such content, information or materials.  Under no circumstances will Provider be responsible for any loss or damage resulting from Your use of or reliance on any such content, information or materials.

12. General Release and Waiver.  You expressly, irrevocably and unconditionally waive, release and discharge Provider and Provider’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, assigns, lenders, mortgagees, licensors and licensees of and from any and all liabilities, claims, suits, demands, actions, judgments, losses and damages (including, without limitation, direct, indirect, punitive and special damages, costs, attorneys’ fees, lost profits, lost business opportunities, and insurance expenses) whatsoever which You or any third party have or may have against them for poor service, interference, disturbance, damage to personal property, breach of or interference with a third-party warranty or contract, negligence, recklessness, products liability, criminal liability, infringement, dilution, invasion of the right of privacy, violation of the right of publicity, defamation, disparagement, indecency, obscenity, fraud, misrepresentation, discrimination, indemnification, contribution, reimbursement and/or any other legal theory arising from or in connection with the Service, the Network, the Site or any goods or services provided or to be provided under or in connection with the Service, the Network, the Site or this Agreement.

13. Limitation of Liability.  In no event shall Provider or Provider’s officers, directors, owners, members, managers, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, assigns, lenders, mortgagees, licensors or licensees be liable to (or be obligated to indemnify) You or any third party for any indirect, punitive or special damages, costs, attorneys’ fees, lost progits, lost business opportunities or insurance expenses for or in connection with any claim of breach of contrct, breach of warranty, poor service, interference, disturbance, damage to personal property, breach of or interference with a third-party warranty or contract, negligence, recklessness, products liability, criminal liability, infringement, dilution, invasion of the right of privacy, violation of the right of publicity, defamation, disparagement, indecency, obscenity, fraud, misrepresentation, discrimination, indemnification, contribution, reimbursement and/or any other legal theory arising from or in connection with the Service, the Network, the Site or any goods or services provided or to be provided under or in connection with the Service, the Network, the Site or this Agreement.

14. Representations and Warranties; Indemnification.  You represent and warrant to Provider that:  (a) You are a natural person; (b) You are eighteen (18) years of age or older; (c) You have read this Agreement; (d) You have the full right and authority to enter into and abide by the terms and conditions of this Agreement; (e) You understand and acknowledge that, by accepting this Agreement, You are giving up certain legal rights and remedies; (f) You voluntarily accept and agree to the terms and conditions of this Agreement in its entirety; (g) You will not violate any applicable international, federal, state or local laws, rules or regulations which may concern the Service, the Network, the Site or any part thereof; and (h) You do not believe that any content, information or materials found on, through or in connection with the Service, the Network, the Site or any part thereof is offensive, indecent, or obscene.  You shall indemnify, release and hold harmless Provider and Provider’s officers, directors, owners, members, managers, partners, agents, employees, parents, subsidiaries, affiliates, successors, assigns, lenders, mortgagees, licensors and licensees from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties and expenses (including costs and reasonable attorneys’ fees) incurred by or asserted against such indemnitees arising out of or in connection with any breach or claim of breach of the foregoing representations and/or warranties.

15. Miscellaneous.

15.1 Relationship of Parties.  You and Provider acknowledge that no type of fiduciary relationship, agency relationship, employer-employee relationship, independent contractor relationship, joint venture or partnership has or will be created by this Agreement, or by Your  access or use of the Service.

15.2 No Assignment or Delegation.  You shall not assign, delegate or otherwise transfer any of Your rights or obligations under this Agreement without Provider’s prior written consent.  Any purported transfer without such prior written consent shall be void.  Provider shall have the unencumbered and unlimited right to freely assign, delegate and otherwise transfer any of its rights and obligations under this Agreement.

15.3 Waiver of Rights.  A party’s delay or failure to exercise a right or remedy available under this Agreement shall not constitute a waiver of such right or remedy.  Any waiver of Provider’s rights or remedies under this Agreement must be in a writing signed by Provider.

15.4 Headings.  Headings are inserted in this Agreement for reference and convenience only and in no way define, limit or describe the scope or intent of this Agreement.

15.5 Governing Law; Jurisdiction; Venue.  This Agreement, as well as Your  access and use of the Service, shall be governed, interpreted and enforced in accordance with the laws of the State of Texas and applicable federal law of the United States of America, regardless of the place of its execution, acceptance or performance and any conflicts of law analysis.  For the avoidance of any doubt, The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.  You and Provider irrevocably agree, consent and otherwise submit to the exclusive jurisdiction of a court of appropriate jurisdiction located in Dallas County, Texas, United States of America for the adjudication of any dispute, controversy or claim arising from or in connection with this Agreement or Your  access or use of the Service.

15.6 Severability.  If a court of appropriate jurisdiction holds that any term or condition of this Agreement is invalid or unenforceable, then the remaining terms and conditions of this Agreement shall not be affected, and said invalid or unenforceable term or condition shall be reformed to reflect the parties’ intent.

15.7 Modification.  Provider reserves, and shall have, the exclusive right to supplement, amend and otherwise modify this Agreement and Your conduct requirements, in whole or in part, from time-to-time, and at any time, without notice to You.  Your  access or use of the Service in any way after any such modification(s) is evidence of your acceptance of such modification(s).

15.8 Entire Agreement.  This Agreement (as it may be modified from time-to-time) sets forth the entire agreement between You and Provider and supersedes all prior agreements, if any, made between You and Provider (orally or in writing) relative to the subject matter of this Agreement.  This Agreement shall inure to the benefit of and be binding upon You, Provider and their respective affiliates, successors, heirs and assigns.

15.9 Contact.  Please direct any questions or comments You may have about the Service to the following:

Crescent Ross Avenue Investors LP
2001 Ross Avenue, Suite 540
Dallas, Texas  75201
E-mail: tccpanel@srpnetworks.com