DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
MobilityWare Inc. ("the Company") respects the intellectual property rights of others and expects its users to do the same. The Digital Millennium Copyright Act ("DMCA") provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), the Company has implemented procedures for receiving written notification of claimed copyright infringement. The Company has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may submit a notice. To be effective, a notice must be a written communication provided to the Company's Copyright Agent and must contain:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description specifying the location of the material that you claim is infringing;
4. Your telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You may submit this information to the Company's Designated Agent:
440 Exchange #100
Irvine, CA 92602
If your user content or other information has been affected by reason of a notification under the DMCA, you may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. You will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that your User Content or your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question.
To file a counter-notification with us, you must provide us with a written communication sent to the Company's Designated Agent identified above that sets forth the following items:
1. An identification of the URLs or other unique identifying information of material that the Company has removed or to which the Company has disabled access;
2. Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Orange County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under the DMCA or an agent of such person;
3. A statement, under penalty of perjury, that you have a good faith belief that content at issue was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your physical or electronic signature