PC World Komputer 1997 May/Pcwk0597.iso/wtest/idt/data.z/LICENSE.TXT

Text File | 1996-02-29 | 18KB | 308 lines

International Discount Telecommunications User Agreement

SERVICE USE AGREEMENT

Use of International Discount Telecommunications, Corp. ("IDT") services and
the identification provided to you by IDT signifies that you agree to the
following terms and conditions and to comply with the Rules and Regulations
posted by IDT on the IDT system and/or IDT's web site and attached hereto.  If
you DO NOT agree with these terms and conditions, DO NOT attempt to
connect to IDT's service.  You may not use the Netscape Navigator Software or
any other software provided by or obtained through IDT unless you agree to all
of the terms of the End User License Agreement, which follows this Agreement.
Once your account with IDT terminates, you have no right to use any of the
software provided by IDT, and agree to erase all copies of the Software in your
possession.

This Agreement represents the complete agreement and understanding between
you and IDT (collectively referred to as Parties).  IDT may modify these terms
and conditions at any time upon notice published on-line via the IDT services
and/or on IDT's web site.


1.    This Agreement will be effective upon your first connection to IDT and
may be terminated by either Party immediately upon written notice to the other
Party and/or termination of access to IDT services.  You are responsible for any
 outstanding service fees.

2.     Failure to comply with the payment terms and schedule you receive from
IDT may result in cancellation of IDT services.

3.     IDT services may only be used for lawful purposes and in accordance with
this Agreement and all applicable laws, rules and regulations of the United
States, or any other territory, jurisdiction or country.  Transmission of any
material in violation of this Agreement, or any applicable law, rule or regulation
whether of the United States or other countries, including but not limited to the
Telecommunications Act of 1996, or the rights of any third party is prohibited.
This includes, but is not limited to: copyrighted material, material which is
defamatory, threatening, obscene, lewd, lascivious, filthy, indecent, patently
offensive or material protected by trade secret.  IDT has neither the obligation
nor the ability to monitor or edit the material transmitted through IDT services.

4.     IDT makes no representations and specifically disclaims any warranties
regarding the performance and availability of IDT services.  IDT is not liable for
interruption or loss of use of IDT services,  or any loss to you caused by any
circumstances.  IDT HEREBY EXPRESSLY DISCLAIMS ALL EXPRESS
AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND INFRINGEMENT OF PROPRIETARY INTERESTS AND
SHALL NOT BE LIABLE TO USER FOR DIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OR
INABILITY TO USE IDT SERVICES OR SOFTWARE.

        IDT SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE
TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, OR
OTHER COMPUTER PROGRAM THROUGH IDT SERVICES.

        THE SOLE REMEDY FOR ANY BREACH OF THIS AGREEMENT BY
IDT SHALL BE A REFUND OF THE INITIAL SUBSCRIBER FEE PAID BY
YOU TO IDT.  IN NO EVENT SHALL IDT BE LIABLE FOR LOST
PROFITS OR ANY INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES EVEN IF IDT HAS BEEN APPRISED OF THE POSSIBILITY
OF SUCH DAMAGES.

5.     You shall indemnify and hold IDT, its directors, officers, employees,
contractors, vendors and agents harmless from and against any and all damages,
liabilities, losses, costs and expenses, including reasonable attorney's fees,
arising out of or related to your use of IDT services (1)  in violation of this
Agreement or the User Rules and Regulations; (2) in violation of any applicable
law, rule or regulation or the rights of any third party, including without
limitation the Telecommunications Act of 1996,  infringement of copyrights and
other proprietary rights, invasion of privacy, defamation, violation of the right
of publicity, and misappropriation or theft of trade secrets; or (3) resulting in a
claim against you by any third party.

6.     IDT shall have no responsibility for the confidentiality or privacy of any
material transmitted through or used in connection with IDT services.  IDT may
use for its own purposes information regarding your usage of IDT services and
any information regarding the contents of public postings.  IDT may reveal to
third parties non-public information, including the content of messages sent via
electronic mail, as required (i) to operate or protect the security of IDT services,
(ii) by authorized demands of law enforcement authorities or by court order
compelling disclosure of such information, (iii) to ensure compliance with laws,
rules or regulations, or (iv) in the reasonable judgment of IDT either (A) to
defend IDT against any claim arising out of or related to your or another's use
of IDT services or (B) to protect the rights of IDT or others actually or potentially
threatened by your or another's actions.  Notwithstanding the foregoing, IDT has
no obligation to monitor or edit any information transmitted through IDT services,
or to ensure that the same do not violate any applicable laws or the rights of any
third party.  Any failure by IDT to monitor or edit any of the foregoing shall not
waive in whole or in part your indemnification of IDT set forth above.

7.     Resale of IDT services is not permitted.  You may not assign any of your
rights or obligations under this Agreement.  IDT may assign, transfer or
subcontract its rights and obligations under this Agreement.

8.     This Agreement and the legal relationships between the Parties shall be
governed by the laws of the State of New Jersey or United States Federal law, as
applicable, excluding any such laws that might direct the application of the laws
of another jurisdiction.


END USER LICENSE AGREEMENT

BEFORE YOU OPEN THE PACKAGE CONTAINING THIS MEDIA, USE
THE USER IDENTIFICATION PROVIDED BY IDT OR CLICK ON THE
"YES " BUTTON AT THE END OF THIS DOCUMENT, CAREFULLY
READ THE TERMS AND CONDITIONS OF THIS AGREEMENT.

BY OPENING THE PACKAGE, USING THE USER ID OR CLICKING ON
THE "YES" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND
ARE BECOMING A PARTY TO THIS AGREEMENT.  IF YOU DO NOT
AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE
"NO" BUTTON OR RETURN THIS PRODUCT TO IDT FOR A FULL
REFUND.

GRANT.  Subject to the provisions contained herein and payment of applicable
license fees, Netscape Communications Corporation ("Netscape"), and
International Discount Telecommunications ("IDT") (collectively, "Licensers")
hereby grant to you a personal, non-exclusive, non-transferable license to use
the object code of the accompanying proprietary software product and its
documentation (collectively "Software") for your own use.  Such Software is
protected by the copyright laws of the United States and
international copyright treaties.

SOFTWARE AND DOCUMENTATION.  Licensers shall furnish the Software
to you electronically or on media in machine-readable object code form.  If you
receive your first copy of the Software electronically, and a secondary copy on
media, the second copy may be used for backup and archive purposes only.

RESTRICTED USE.  You may not copy the Software, except for backup or
archival purposes.  Any such copy made by you shall be subject to this
Agreement and shall contain all of Licensers' notices regarding copyrights,
trademarks and other proprietary rights as contained in the Software originally
provided to you.  This license permits only one person to use the Software at a
time.  Use by more than one person at a time requires additional licenses to be
obtained.  You shall not have installed more than one copy of the Software at
any time.  You may not lend, rent, lease or otherwise transfer the Software or
this agreement.

TITLE.  Title, ownership rights, and intellectual property rights in and to the
Software and Documentation shall remain in Licensers and/or their suppliers.
This Agreement does not include the right to sublicense the Software and is
personal to you and therefore may not be assigned (by operation of law or
otherwise) or transferred without the prior written consent of Licensers.  You
acknowledge that the Software in source code form remains a confidential trade
secret of Licensers and/or their suppliers and therefore you agree not to attempt
to decipher, decompile, disassemble or reverse engineer the Software or allow
others to do so, except to the extent applicable laws specifically prohibit such
restriction.  You further agree not to modify or create derivative works of the
Software.  You shall not at any time make any statement or do any thing
inconsistent with Licensers' ownership of the Software.

CONTENT.  Title, ownership rights, and intellectual property rights in and to
the content accessed through the Software is the property of the applicable
content owner and may be protected by applicable copyright or other law.  This
License gives you no rights to such content.

LIMITED WARRANTY: TRUMPET  THE FOLLOWING LIMITED
WARRANTY DOES NOT APPLY TO ANY SOFTWARE PROVIDED BY
TRUMPET SOFTWARE INTERNATIONAL PTY LTD (A CN 070 065 860),
a corporation incorporated in Tasmania, Australia (the "Trumpet Software").
THE LICENSEE ACKNOWLEDGES THAT SUCH PARTS OF THE
SOFTWARE ARE SUPPLIED "AS IS" AND THAT LICENSORS AND
THEIR SUPPLIERS ARE NOT MAKING, AND THAT NO PERSON
ACTING ON BEHALF OF LICENSORS OR THEIR DISTRIBUTORS HAS
MADE, ANY WARRANTY OR REPRESENTATION AS TO SUCH
SOFTWARE'S MERCHANTABILITY OR SUITABILITY FOR ANY
PARTICULAR PURPOSE.  ALL SUCH WARRANTIES AND
REPRESENTATION ARE HEREBY EXCLUDED.

(i) to replace your defective media; or (ii) to advise you how to achieve
substantially the same functionality with the Software as described in the
Documentation through a procedure different from that set forth in the
Documentation; or (iii)  if the above remedies are impracticable, to refund the
license fee you paid for the Software. Repaired, corrected, or replaced Software
and Documentation shall be covered by this limited warranty for the period
remaining under the warranty that covered the original Software, or if longer,
for thirty (30) days after the date (a) of shipment to you of the repaired or
replaced Software, or (b) Licensers advised you how to operate the Software so
as to achieve the functionality described in the Documentation.  Only if you
inform Licensers of your problem with the Software during the applicable
warranty period and provide evidence of the date you acquired the Software will
Licensers be obligated to honor this warranty.  Licensers will use reasonable
commercial efforts to repair, replace, advise or refund pursuant to the foregoing
warranty within 30 days of being so notified.

THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY
MADE BY LICENSORS.  LICENSEE ACKNOWLEDGES THAT
LICENSORS AND THEIR SUPPLIERS ARE NOT MAKING, AND NO
PERSON ACTING ON THEIR BEHALF HAS MADE ANY OTHER
EXPRESS WARRANTY OR ANY WARRANTY OF NONINFRINGEMENT
OF THIRD PARTIES' RIGHTS.  THE DURATION
OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A
PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED
WARRANTY PERIOD; SOME STATES DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS
MAY NOT APPLY TO YOU.  NO DEALER, AGENT, OR EMPLOYEE OF
LICENSORS IS AUTHORIZED TO MAKE ANY MODIFICATIONS,
EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.  If any
modifications are made to the Software by you during the warranty period; if
the media is subjected to accident, abuse, or improper use; or if you violate the
terms of this Agreement, then this warranty shall immediately be terminated.
This warranty shall not apply if the Software is used on or in conjunction with
hardware or programs other than the unmodified version of hardware and
programs with which the Software was designed to be used as described in the
Documentation.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU
MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO
STATE OR BY JURISDICTION.

LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE,
SHALL LICENSORS OR THEIR LICENSORS, SUPPLIERS OR
RESELLERS, OR THEIR RESPECTIVE OFFICERS, SERVANTS, AND
AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR, AND YOU
HEREBY RELEASE AND DISCHARGE THE FOREGOING FROM ANY
AND ALL FORMS OF INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL LOSS OR DAMAGES OF ANY CHARACTER,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, AND ANY LOSS OR DAMAGE
THAT MAY REASONABLY BE SUPPOSED TO HAVE BEEN IN THE
CONTEMPLATION OF THE PARTIES AS OF THE DATE OF THIS
AGREEMENT AS A PROBABLE RESULT OF ANY ACT OR OMISSION,
OR FOR ANY DAMAGES IN EXCESS OF LICENSORS' LIST PRICE FOR
A LICENSE TO THE SOFTWARE AND DOCUMENTATION, EVEN IF
LICENSORS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.  WITH
RESPECT TO THE TRUMPET SOFTWARE, TO THE EXTENT
PERMITTED BY LAW, YOU RELEASE AND DISCHARGE SUCH
PERSONS FROM ALL DIRECT LIABILITY, AND ALL LIABILITY
ARISING OUT OF LICENSORS' OR THEIR SUPPLIERS' NEGLIGENCE.
THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY
FOR DEATH OR PERSONAL
INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION.
FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

Without prejudice to the foregoing, you agree that in any event the liability of
Licensers and their suppliers arising out of or in connection with any breach of
any express or implied warranty or condition in respect of the Software or in
respect of services supplied under this Agreement (other than a condition or
warranty implied by any legislation which does not permit Licensers' liability to
be limited as stated herein) shall, at the election of Licensers be limited to, if the
condition relates to goods, the replacement of the goods or the supply of
equivalent goods and, if the condition relates to services, the supplying of the
services again or the payment of the cost of having the services supplied again.

You warrant that in entering into this license you are not relying on any
statement or representation made by Licenser which is not expressly contained
in this Agreement.

You acknowledge that Trumpet and its officers, servants, agents and licensers
have no liability to you whatsoever in connection with this license or your use
of the Software and that the Licensers enter into this Agreement as agent for
Trumpet and its officers, servants, agents and licensers.

(i) into (or to, or used by, a national or resident of) Cuba, Haiti, Iraq, Libya,
Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has
embargoed goods; or (ii) to, or used by, anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders.  By downloading or using the Software,
you are agreeing to the foregoing and you are representing and warranting that
you are not located in, under the control of, or a national or resident of
any such country or on any such list.

TERMINATION.  Either party may terminate this Agreement immediately in
the event of default by the other party.  Upon any termination of this
Agreement, or upon receipt of a refund hereunder, you shall immediately
discontinue the use of the Software and shall within ten (10) days return to IDT
all copies of the Software and Documentation.  You may also terminate this
Agreement at any time by destroying the Software and Documentation and all
copies thereof.  Your obligations to pay accrued charges and fees shall survive
any termination of this Agreement.

of such provision under other circumstances or (ii) of the remaining provisions
hereof under all circumstances.  Headings shall not be considered in interpreting
this Agreement.  This Agreement shall be governed by and construed under
California law as such law applies to agreements between California residents
entered into and to be performed entirely within California, except as governed
by Federal law.  This Agreement will not be governed by the United Nations
Convention of Contracts for the International Sale of Goods, the application of
which is hereby expressly excluded.

U.S. GOVERNMENT RESTRICTED RIGHTS.  Use, duplication or disclosure
by the Government is subject to restrictions set forth in subparagraphs (a)
through (d) of the Commercial Computer-Restricted Rights clause at FAR
52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013, and in
similar clauses in the NASA FAR Supplement.  Contact IDT to obtain
contractor/manufacturer information.  BEFORE YOU OPEN THE PACKAGE
CONTAINING THE MEDIA OR CLICK ON THE "ACCEPT" BUTTON AT
THE END OF THIS DOCUMENT, USE THE IDT SERVICES OR THE
IDENTIFICATION PROVIDED TO YOU BY IDT, OR THE SOFTWARE
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS
AGREEMENT, BY DOING ANY OF THE FOREGOING, YOU ARE
CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO
THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS
OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON OR
RETURN THIS PRODUCT TO THE PLACE OF PURCHASE OR, IF
RECEIVED FROM IDT TO IDT, FOR A FULL REFUND.