BEFORE YOU RUN THIS SOFTWARE, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY RUNING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT RUN THIS SOFTWARE.
TALK WORLD END USER LICENSE AGREEMENT REDISTRIBUTION NOT PERMITTED
1. GRANT. Etchinghill Studios ("Etchinghill") hereby grants you a non-exclusive, non-transferable license to use this version of the TalkWorld chat application (the "Software") in object code form.
You may:
use the Software on any single computer; use the Software on a second computer so long as the primary user of each copy is the same person and more than one copy is not simultaneously used; or copy the Software for archival purposes, provided that any copy must contain all of the original Software's proprietary notices.
You may not:
permit other individuals to use the Software except under the terms listed above; modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; copy the Software (except as specified above); rent, lease, transfer or otherwise transfer rights to the Software; or remove any proprietary notices or labels on the Software.
2. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED AS IS AND ETCHINGHILL STUDIOS DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNITERRUPTED AND ERROR FREE. ETCHINGHILL STUDIOS MAKES, AND YOU RECEIVE, NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
3. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ETCHINGHILL STUDIOS OR ITS AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL ETCHINGHILL STUDIOS BE LIABLE FOR ANY DAMAGES IN EXCESS OF ETCHINGHILL STUDIOS' LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF ETCHINGHILL STUDIOS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. 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.
4. USE OF SOFTWARE. You understand and acknowledge that the Software is a tool to assist you in communicating with other people, visiting websites and collecting data on the Internet, and that you, other users and third parties, and not Etchinghill are responsible for ensuring the content of such communications, websites and data. You agree that you will not bring any suit against, or assert any claim against, Etchinghill based on the content of such communications, websites or data, even if such content is obscene, illegal or otherwise offensive. You agree to indemnify and hold harmless Etchinghill and its affiliates, directors, officers, agents and employees from and against any and all claims, actions, proceedings, damages, judgments, assessments, losses, liabilities and expenses (including reasonable fees and disbursements of counsel) arising out of, or in connection with, any communications generated by you and content posted by you using the Software.
5. TITLE. All title, ownership rights, and intellectual property rights in and to the Software shall remain in Etchinghill Studios and/or its suppliers. The Software is protected by international copyright laws and treaties. If you receive your first copy of the Software electronically, and a second copy on media, the second copy may be used for archival purposes only. 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.
6. TERMINATION. The license will terminate automatically if you fail to comply with the limitations described above. In addition, Etchinghill Studios may terminate this License at any time without notice to you and you may terminate this License at any time by destroying or erasing your copy of the Software. On termination, you must destroy all copies of the Software and Documentation. Upon termination of this License you agree to destroy or erase the Software. In the event of termination, the following sections of this License will survive: 2, 3, 4, 5, 6, and 7.
7. EXPORT CONTROLS. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to 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.
9. MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. This License is personal to you and you agree not to assign your rights herein. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under U.S. and English law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Etchinghill Studios failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision.
U.S. Government Restricted Rights. The Software and accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation", respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performing, displaying or disclosing of the software and accompanying documentation by the U.S. Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement. Contractor/manufacturer is Etchinghill Studios, Etchinghill, Canterbury Road, Folkestone, Kent, England, CT18 8FA.
