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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.