PC World 2005 February

home *** CD-ROM | disk | FTP | other *** search

/ PC World 2005 February / PCWorld_2005-02_cd.bin / komunikace / im2 / im2setup.exe / $OUTDIR / license.txt < prev next >

Wrap

Text File | 2004-11-09 | 22.7 KB | 513 lines

LICENCE FOR USE OF IM2 MESSENGER SOFTWARE BEFORE YOU CLICK ON THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT, DOWNLOAD OR IN ANY WAY USE THE ABOVE SOFTWARE, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENCE. IM2 is in no way affiliated to or endorsed by AOL, AIM, ICQ, MSN, and Yahoo. They are registered trademarks of each respective company. AOL, AIM and ICQ are registered trademarks of America Online, Inc., MSN is a registered trademark of Microsoft Corporation, and Yahoo is a registered trademark of Yahoo! Inc. These terms and conditions, which will be deemed to have been accepted in their entirety by you by clicking the "Accept" button at the end of the document and/or installing, copying or otherwise using the Software (as defined in this paragraph), will form the licence agreement (the "Licence") between IM2 Limited (" IM2") and you ("You", or "Your") for Your Use (as defined at clause 1.5 below) of the accompanying software known as IM2 including (if applicable) any Upgrades (as defined at paragraph 3.1 below) from time to time and electronic documentation and associated material (the "Software"). The Software allows its users to, amongst other things, create a private chat room with another individual in order to communicate in real time over the Internet. 1. LICENCE TO USE 1.1 Subject to the terms and conditions of this Licence (but otherwise free of charge), IM2 hereby grants You a revocable non-exclusive, non-transferable licence without any right to sub-licence, to Use the Software on a single computer system (the "System") for Your own single use only. The Software may not be transferred electronically from one computer to another nor used over a network. 1.2 Any and all rights not expressly granted to You in this Licence are hereby reserved by IM2. 1.3 Save as otherwise expressly stated, any Upgrades to the Software shall be subject to the terms and conditions of this Licence. 1.4 Upon accepting (as above) this Licence you undertake: 1.4.1 to only use the Software for non-commercial purposes; 1.4.2 not to copy the Software (other than for normal operation and as specified in clause 1.1 above) nor (subject to applicable law rights including (without limitation) under the Software Directive (91/250/EEC) or the Copyright (Computer Programs) Regulations 1992 (SI/1992/3233)) to disassemble, decompile or reverse engineer the Software; 1.4.3 not to translate, modify, sell, lease, rent, loan, redistribute, sub-lease, sub-license and/or make copies of (save as otherwise expressly permitted under this Licence) or create derivative works from the Software or any part of the Software; 1.4.4 to reproduce and include the copyright notice of IM2 as it appears in or on the Software on all copies; 1.4.5 not to Use the Software: (a) to access communicate and/or transmit any information that: (i) infringes any patent, trade mark (whether or not registered), copyright, design right (whether or not registered) and/or other proprietary rights (together the "Intellectual Property Rights"); (ii) You are not permitted to access communicate and/or transmit any information that has been given to you in confidence; (iii) contains software viruses Trojan horse, worms or other computer data or programmes which has the object, effect or is designed to destroy, interrupt and/or in any way limit the functionality of any software and/or hardware or other equipment or in any anyway detrimentally affect the same; or (iv) is objectionable including (without limitation) any information that is unlawful, threatening, abusive, harassing, defamatory, harmful to minors or others generally, hateful, obscene, racially and/or ethnically objectionable; (b) to in any way infringe any Intellectual Property Rights or any other third party rights; (c) for immoral, illegal or for any other purpose which may be determined threatening, abusive or harmful including but not limited to the creation or transmission of any virus, worms, Trojan horse, cancelbot or any other destructive or contaminating program; 1.4.6 to obtain any and all necessary consents and/or authorisations for the use of any Content (as defined at clause 6.3 below) and to pay any and all commissions, royalties, licence fees and/or any such other charges as may be required for the legitimate use of such Content from the Content owner or any other relevant party; 1.4.7 not to impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity; 1.4.8 not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users; 1.4.9 not to provide or otherwise make available the Software to any person other than as specified herein without prior written consent from IM2; 1.4.10 not to display the Software on a public bulletin board, ftp site, worldwide web site, chat room or by any other means; 1.4.11 only Use the Software in accordance with the instructions set out on the Website for its installation and use; 1.4.12 within 14 days after the date of termination or discontinuance of this Licence for whatever reason, to destroy the Software and all Upgrades or copies; 1.4.13 not to disrupt or harm the computer or programme of any other person. 1.5 In this Licence "Use" shall mean and include utilisation of the Software by amongst other things copying, transmitting or loading it into the permanent memory (e.g. hard disk, CD-ROM or other storage device) of the System for the processing of the System instructions or statements contained in such Software; and copying the Software which is in machine-readable form for Use by You on the System for the purposes only of understanding the contents of such machine-readable material. You may only make one (1) copy of the Software for back-up and one (1) copy for disaster recovery purposes provided these contain the same copyright information as the original. 2. OPEN SOURCE SOFTWARE 2.1 Certain elements of the Software contain source code which is made available for use or modifications by users and other developers as they see fit ("Open Source"). In respect of these elements of the Software, including but without limitation, Xvid video codec and OpenSSL library, the terms of the GNU General Public License ("GNU") will apply. 2.2 IM2 expressly reserves the right to revoke this Licence and to take any action it deems appropriate if You fail to comply with the terms of GNU (or other specified licence as appropriate) including, but without limitation, failure to: 2.2.1 acknowledge the Software as Open Source; 2.2.2 acknowledge the author of the Software appropriately; or 2.2.3 guarantee that all works derived from the Software remain Open Source. 3. ACKNOWLEDGEMENTS You acknowledge that: 3.1 This page contains hyperlinks to World Wide Web sites that are maintained by other organisations. IM2 is in no way affiliated to or endorsed by AOL, AIM, ICQ, MSN, and Yahoo. They are registered trademarks of each respective company. AOL, AIM and ICQ are registered trademarks of America Online, Inc., MSN is a registered trademark of Microsoft Corporation, and Yahoo is a registered trademark of Yahoo! Inc; 3.2 The Website is designed to provide a communications service that enables its users to use the latest IM2 software (the "Software") to create a private chat room with another individual in order to communicate in real time over the Internet, analogous to a telephone conversation but using text-based, not voice-based, communication; 3.3 the Software is designed to, amongst other things, allow the user of the Software (and/or other compatible programmes) access to and copying of information contained in files ("Shared File") located on each such user's personal computer and designated as such by the user specifically for the purposes of the Software; 3.4 by designating a Shared File you thereby expressly authorise all users of the Software and/or other compatible programmes to: 3.4.1 access communicate, transmit, copy and/or in any way deal (together "Deal" or "Dealing") with any and all information contained in such Shared File ("Your Information"); and 3.4.2 use Your Internet connection to Deal with Your Information; 3.5 You alone are responsible for your own actions using the Software and in ensuring that Your Use of the Software is compliant with all applicable laws and are aware that any Use which is inconsistent with such laws may render you liable to, amongst other things, a fine and/or imprisonment; 3.6 You are aware that the Content may contain third party proprietary information which may be protected by, amongst other things, copyright law and that, amongst other acts, the reproduction, distribution or handling of copies, transmission, public performance and/or displaying of such Content without the consent of the copyright owner or other rights holder may be in breach of such laws which may result in criminal and/or civil liability. 4. UPGRADES IM2 may create programming fixes, updates and/or upgrades including new versions of the Software ("Upgrades") which may correct errors and although IM2 has no obligation to notify existing licensees of such Upgrades, the same will be made available at the Website at such cost (if any) as shall be indicated. You may reject to use such Upgrades but this may materially interfere with the operation of the Software. 5. THIRD PARTY SOFTWARE IM2 makes no representation and/or warranty (express or implied) whatsoever in respect of any Third Party Software including (without limitation) in respect of its availability, safety, quality, fitness for purpose or otherwise and to the extent permitted by any applicable law, IM2 hereby expressly excludes any liability to You and/or any third party whatsoever and howsoever arising from or in any way related to the Third Party Software including (without limitation) to Your use of it even in circumstances where IM2 has been advised of the possibility of such damage. 6. PRIVACY INFORMATION 6.1 By accepting the Licence You also agree that IM2 may collect and process information which You provide in registering for and/or installing of the Software ("Personal Data") in accordance with IM2's Privacy Policy http://www.im2.com/privacy.php current at the relevant time and as posted and updated on the Website. 6.2 You agree that You will provide accurate Personal Data and that you will update the same as and when necessary ensuring at all times that such information remains accurate. 7. WARRANTIES 7.1 The Software is provided "as is" without any warranty of any kind by IM2, its directors, employees, licensors and/or agents either express or implied including (but not limited to) the implied warranties of satisfactory quality, fitness for a particular purpose, title or any warranties which may be created and/or implied by a course of dealing, performance and/or trade usage. 7.2 IM2 does not warrant that the Software will be error- free or that such errors will be corrected and You are solely responsible for all costs and expenses associated with rectification, repair and/or damage caused by such errors. The Software may therefore contain errors, bugs and/or other problems or limitation. 7.3 You hereby accept all risk associated with, and IM2 does not make any representation nor warrant any information accessed and/or downloaded from any third party (the "Content") through the use of the Software or where the Software in any way facilitates the same and You agree that only You shall be responsible for any loss damage or any other consequence to You and/or any third party resulting from or in anyway related to such Content. 7.4 Without prejudice to the generality of the foregoing, all liability for any damage caused by viruses and/or worms in or in any way connected with the Software and/or its use is hereby expressly excluded and You acknowledge and agree that You are solely responsible for any resulting damage and/or loss including (without limitation) for any damage to Your computer, computer network and/or loss of any data. 7.5 You acknowledge and agree that a fundamental element of the basis on which IM2 is prepared to offer You the Software for no monetary charge is Your acceptance of these limitations and that IM2 would not have agreed to the provision of the Software but for Your full acceptance of all the terms of this Licence in particular without limitation the exclusions set out in this clause. 7.6 Exclusion of warranties may not be valid in certain jurisdictions, however, the only applicable laws under which this Licence may be construed are specified in clause 12.6 below. 8. LIMITATION OF LIABILITY 8.1 IM2 shall not be liable to You or to any other party whether under contract, tort or otherwise for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this Licence, the Software, its use or otherwise, including (without limitation): 8.1.1 alteration or unauthorised use of Your Information or any other information on you personal computer; 8.1.2 breach of any applicable law, regulation or third party rights; and 8.1.3 harm and/or damage to Your computer, any programmes or other material on it, its operation, and /or its performance, except to the extent that such liability may not be lawfully excluded under any applicable law. 8.2 Notwithstanding the generality of clause 7.1 above, IM2 expressly excludes liability for indirect, special, incidental or consequential loss or damage which may arise in respect of the Software howsoever caused even if IM2 has been advised of the possibility of such damages. 8.3 In the event that IM2 incurs any liability whatsoever under or in any way related to this Licence, such liability shall be limited to US$100 (except for death or personal injury arising from IM2's negligence). 8.4 To the extent that IM2 is prohibited by the relevant applicable law from limiting its liability as set out above IM2 shall, in satisfaction of any term, condition and/or warranty which cannot be excluded or limited as above, at its discretion, be entitled to provide any one or more of the following: 8.4.1 if the breach relates to goods: (a) the replacement of; (b) the supply of equivalent; (c) the repair of; goods, (d) the payment of the cost of: (i) replacing; (ii) obtaining equivalent goods; or (iii) repairing, the goods; 8.4.2 if the breach relates to services: (e) the supply of the relevant service again; or (f) the payment of the cost of having the relevant service supplied again. 9. INDEMNITY You hereby agree to indemnify and keep indemnified IM2, any of its officers, employees, agents, subsidiary companies, holding companies and/or the officers, employees and/or agents of each from and against any and all costs, claims, demands, liabilities, expenses, damages or losses, (including without limitation consequential losses, loss of profit and loss of reputation, and all interest, penalties and legal and other professional costs and expenses) arising out of Your breach of any of the terms of this Licence and/or in any way connected to Your use or misuse of the Software and/or the Third Party Software or, in respect of each, any part thereof. 10. PROPERTY You acknowledge and agree that all title and ownership rights including (without limitation) all Intellectual Property Rights subsisting in or used in connection with the Software including without limitation all images, animations, audio and other identifiable material relating to the Software are and remain the sole property of IM2 or its licensors (as appropriate). 11. TERMINATION 11.1 You may terminate this Licence at any time by destroying the Software and all copies of it. 11.2 IM2 may in its sole discretion terminate this Licence at any time, and without notice to You, in the event that You are or IM2 suspects that You are in breach of any of the terms of the Licence including, without limitation, infringing any Intellectual Property Rights of any third party. 11.3 Following termination, You must comply with the provisions of clause 1.4.12 above. 12. INADEQUACY OF DAMAGES Without prejudice to any other rights that IM2 may have under any applicable law, You acknowledge and agree that damages alone would not be an adequate remedy for any breach by You of the provisions of this Licence and that accordingly IM2 shall be entitled, without proof of special damages, to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the provisions of this Licence. 13. MISCELLANOUS 13.1 This Licence constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this Licence. You acknowledge and agree that in entering into this Licence, You are not relying on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether a party to this Licence or not) other than as expressly set out in this Licence. Nothing in this clause shall, however, operate to limit or exclude any liability for fraud. 13.2 No variation of this Licence shall be valid unless it is in writing and issued by or on behalf of an authorised officer of IM2. 13.3 If any provision in this Licence shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable: 13.3.1 such invalidity or unenforceability shall not affect the other provisions of this Licence which shall remain in full force and effect; 13.3.2 but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable; and 13.3.3 and where the provisions of clause 12.3.2 do not apply, the parties will attempt to substitute for any invalid or unenforceable provision a valid and enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision. 13.4 The failure to exercise or delay in exercising a right or remedy provided by this Licence or by any applicable law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. A waiver of a breach of any of the terms of this Licence or of a default under this Licence does not constitute a waiver of any other breach or default and shall not affect the other terms of this Licence. A waiver of a breach of any of the terms of this Licence or of a default under this Licence will not prevent a party from subsequently requiring compliance with the waived obligation. 13.5 The rights and remedies provided by this Licence are cumulative and (subject as otherwise provided in this Licence) are not exclusive of any rights or remedies provided by any applicable law. 13.6 The parties hereby agree that this Licence shall be construed in accordance with the laws of England and any dispute arising under it shall be submitted to the [non-]exclusive jurisdiction of the English Courts. 14. CONTACTS If you have any questions relating to this Licence, the Website or any other related matter, please contact us. You can contact us at any time by visiting http://www.im2.com/contact.php We hope you will enjoy using IM2.