Definitions

 

As used in the Agreement, the following capitalized terms have the following meanings:

 

Area of Operation” means a finite and bound geographical area in which the Services and Equipment are

permitted to operate by Company and in which the Client can reasonably expect full functionality of the Services

and Equipment.

 

At Sea” means a Vessel operating in a body of water that is not within United States jurisdiction and or

contiguous to jurisdictional areas bound by the borders of the United States its territories and its territorial

waters.

 

Client Premises” is the property associated with the location of the Equipment and owned or leased by the

Client and or including the Vehicle, Vessel, Station or Site entity in which Company access is required to fulfill the

requirements of engineering, furnishing and installing the Equipment.

 

Company Issued Devices” or “Devices” means mobile or cellular phone or data devices provided by AT&T as part of a Standard Wireless Contract that are capable of operating on the Vehicle, Vessel, Station or Site.

 

Confidential Information”, with respect to a Party, means all confidential, proprietary or trade secret

information, including discoveries, ideas, concepts, know-how, techniques, processes, procedures, designs,

specifications, strategic information, proposals, requests for proposals, proposed products, drawings, blueprints,

tracings, diagrams, models, samples, flow charts, data, computer programs, marketing plans, Client Information,

authentication credentials, identification credentials and other technical, financial or business information,

whether disclosed in writing, orally, visually, in tangible or intangible form, including in electronic mail or by other

electronic communication.

 

Equipment” means the wireless receiving and transmitting equipment and related equipment including, but not

limited to, satellite, routing and PCs, programmed with a Number and provided by the Company and purchased

by Client identified on Schedule 3. Schedule 3 details the total amount of Equipment required for the Vessel.

 

Home Operator” is the company which provides a user of the Services and or Equipment its respective Standard

Wireless Contract and/or accepts payment for usage of a mobile voice and/or data device. In the case in which

a user of the Services is not an AT&T customer and allowed by this Agreement or another agreement or

arrangement to use the Services and Equipment as a guest, or as what is commonly called a roamer in the

wireless industry, the Home Operator is a 3rd party wireless services provider meeting the aforementioned

criteria that also may or may not be a licensed operator in the jurisdiction of the provided Services. No rights,

warranties or guarantees are made in the provision of services to any 3rd parties, roamers or Home Operators

that are not AT&T. Some Equipment and Services installations may only permit customers where AT&T is the

Home Operator.

 

Licensed Area” refers to areas in which the Company is licensed by the FCC or other applicable agency to

broadcast radio frequency on channels designated to the Company.

 

Line of Demarcation” means the point in international waters at least twelve miles from shore anywhere in the world when installed on a Vessel. When installed on a Vehicle, Station, Site or Vessel within domestic US county jurisdictions, the Line of Demarcation is the point in which the system cannot cross without authorization from Company. The Line of Demarcation, when installed on a Vehicle, Vessel or Station is also the point in which the system will disable, not be On Air, lose functionality or emergency call routing (i.e., 911) based on both foreseen and unforeseen network, personnel, spectrum or geographical constraints. The Line of Demarcation may be changed or modified by Company, in its sole discretion, by providing thirty days prior written notice to Client, or

may change automatically based upon any change or modification to the laws or regulations of any government

related to the provision of the Services and without notice to the Client.

No Service Area” is defined as an area in which there is unsuitable signal to carry a cellular call or mobile data

session.

 

Number” means a ten-digit telephone number or Wireless IP Network Entity Identifier (“NEI”) activated with

Service under or transferred to this Agreement.

 

On Air” refers to when the Equipment is transmitting radio frequency and/or has mobile phones attached to

the AT&T network with the ability to process calls, data or short message services.

 

Public Safety Answering (or Access) Point” or PSAP, is a geographically based call center responsible for

answering calls to an emergency telephone number for police, firefighting, ambulance or other emergency

services.

 

Services” means the wireless voice or data service offered by AT&T over its GSM/GPRS, EDGE,

UMTS/HSPA/HSPA+/LTE or future cellular networks, or 802.11 based networks, together with ancillary or

incidental AT&T services necessary to provide the Wireless Services. Services are only available on Vessel

provided that they are utilized on the Vessel in international waters outside the Line of Demarcation anywhere in

the world on a non-interference basis; provided that, the Services will not be available on the Vessel while it is in

unauthorized territory or inside the Line of Demarcation. Services are only available on a Vehicle, Site or Station

provided that they are utilized in a No Service Area or Underserved Area subject to all applicable local and

federal laws.

 

Site” is a fixed or permanent deployment in which the Equipment is designed and used to cover a specific, finite

or defined area and not intended to be moved or ad-hoc deployed. The Equipment and Services qualify as a

site only if they are to remain in a fixed location for three months or longer.

 

Standard Wireless Contract” is the primary wireless contract granting Client access and use of AT&T’s or its

affiliate’s terrestrial network at a generic retail price (pricing to vary from customer to customer). Client shall

have executed a Standard Wireless Contract with AT&T prior the execution of this Agreement for the use of lines

of service on the Vehicle, Vessel, Station or Site or the Company will be relieved of its obligation, without further

liability, to provide the Services on the Vessel until such Standard Wireless Contract is executed by Client. Client

acknowledges and agrees that the provision of the Services by Company requires lines of service to be provided

through AT&T Inc. or its affiliates, and cannot be offered by any alternate vendor or other party.

 

Station” is a fixed but temporary deployment location for the Equipment including, but not limited, to field

deployments or ad-hoc configurations related to ground or personnel forward deployments.

 

Underserved Area” is defined as an area in which intermittent yet frequent coverage or capacity problems

prevent the Client from conducting cellular calls or mobile data sessions. An area may be underserved due to

limited radio frequency coverage or radio capacity resources as designed or as the result of an event which

places unforeseen demands on the cellular network.

 

Vehicle” is a mobile but terrestrial bound entity such as a car, truck, SUV, van, bus, or military equipment of

equivalent mobility or functionality.

 

Vessel” is a mobile entity restricted to operations at sea, on a lake or navigable river such as a boat, ship,

yacht, ferry, barge or other mobile floating platform.

 

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