This software is being licensed to you in BETA VERSION ONLY and is provided on an "AS IS" basis, for your personal use only. Mirabilis LTD ("Mirabilis"). You agree not to reverse engineer, decompile or disassemble the software.
By accepting the terms of this license agreement you agree that Mirabilis is permitted to limit, deny , create different priorities to different users, or cancel some or all of the functionality of this the beta application or the service, or the functionality or the listings on the ICQ Global Directory at any time, without advance notice.
As part of this software beta version Mirabilis is granting a limited access to its servers, including to the ICQ Global Directory servers and listings .Mirabilis makes no warranty or guarantee as to the availability or reliability of this service to this or any other user. This access granted to his user or any other user ,can be terminated, limited or denied at any time, temporarily or permanently, with no advance notice. Servers functionality may be changed, reduced or limited at any time. Mirabilis may elect to grant different grade of service and priorities to different users, at nay time without prior announcement at its sole discretion. Mirabilis may elect in its sole discretion to condition the continuation of access to server, on you accepting software improvements, corrections, adaptations, or changes to the ICQ program, or to the ICQ numbers ( UIN). Mirabilis may at any time cancel, change, hold , de-list , introduce different publishing options to different users or refrain from publishing ICQ numbers (UIN) or any other details users listed on the ICQ Global Directory. You agree to the effects that limitation, reduction of functionality of the program or the server or the ICQ Global Directory, or stopping access to the server or terminating the service, or introducing different grade of service or listings policies to you or to any other user, may have on your ability to use the program and/or the service and/or the server, or the ICQ Global Directory whole or in part, for communicating with third parties, or their ability to communicate with you.
Unless produced by Mirabilis, The information ("INFORMATION") you access by using the ICQ software or the ICQ Global Directory or sent to you by other users, is provided by the users, and entered or posted by them , and is not reviewed, controlled or examined by Mirabilis LTD. while using the ICQ program and the ICQ Global Directory you agree to 1) Determine whether the Information complies with your needs; 2) Determine whether you have adequate legal rights to store, reproduce or otherwise make use of Information in the manner contemplated by you; 3) Comply with any legal obligations, including but not limited to, obligations imposed by copyright, secrecy, defamation, decency, privacy and export laws;
ICQ GLOBAL DIRECTORY INFORMATION IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. Mirabilis LTD MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE ICQ PROGRAM, SERVERS' SOFTWARE, SERVICE OR ANY INFORMATION OF THE ICQ GLOBAL DIRECTORY OR DELIEVERED OR SENT BY THE USERS.. MIRABILIS LTD DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM, THE SERVICE AND THE ACCESS TO THE SERVERS, OR THE INFORMATION PROVIDED BY THE ICQ GLOBAL DIRECTORY IN TERMS OF THE ACCURACY, RELIABILITY, QUALITY, VALIDITY, STABILITY, COMPLETENESS, CURRENTNESS, OR OTHERWISE OF THEIR CONTENTS OR PRODUCTS. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE ,THE SERVICE, AND ACCESS TO THE SERVERS, OR THE ICQ GLOBAL DIRECTORY DATA, IS ASSUMED BY USER. Mirabilis is not responsible for any special, incidental, indirect or consequential damages. In no event will Mirabilis's liability with respect to this license agreement exceed the amount you paid (if you paid) to Mirabilis for the software. or of the charge of one month fee for using the server's service
Mirabilis do not warrant or guarantee 1) that any program or Information will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; 2) that the Information will not contain adult-oriented material, or material which some individuals may deem objectionable; or 3) that the functions or services performed by Mirabilis will be uninterrupted or error-free or that defects in the ICQ program and the ICQ Global Directory will be corrected. It is the sole responsibility of the user to isolate software and Information, execute anti-contamination software and otherwise take steps to ensure that software or Information, if contaminated or infected, will not damage user's information or system.
In no event shall Mirabilis LTD be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the Information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the Information. Mirabilis LTD will not be responsible if any Information infects or contaminates a User's system or information. The entire risk as to the quality and performance of the Mirabilis service ,the ICQ program and the ICQ Global Directory and the accuracy, adequacy, completeness, correctness, validity and quality of any Information is with the USER.
IN NO EVENT WILL MIRABILIS LTD BE LIABLE TO ANY PARTY (i) FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE PROGRAM, THE SERVICE OR THE ICQ GLOBAL DIRECTORY OR ANY 'INFORMATION', EVEN IF MIRABILIS LTD SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION.
You may not use this software on more than one computer or distribute this version of the software to any other third party.
INFORMATION ON LICENSING
USE ON MORE THAN ONE COMPUTER - Site License
To use ICQ products in a commercial, educational or governmental agency on more than one computer, it is necessary to purchase a SITE LICENSE. The Site License allows the organization to use the software package on up to the number of computers licensed. Site License fees are based on the total number of computers that will use the software package. Please use the "Multiple Use Order Form" in the ORDER.DOC file. NOTE THAT THE SITE LICENSE INCLUDES ONE COPY OF THE SOFTWARE AND DOCUMENTATION. The Site License allows you to copy it for the number of machines licensed. Distributing, repackaging, or reselling of the software to third parties is not allowed. All licenses are prepaid.
DISTRIBUTION LICENSE
A Distribution License is required by an organization, company or government agency to use ICQ programs to facilitate the communication with outside parties. To use ICQ programs within your organization, company, educational or government agency, please see the Site License information.
Complete and return the following Application for Distribution License to receive a quotation. There is no obligation to complete and return the Application to receive a quotation. You may fax or mail the completed Application. ICQ will send a written quotation.
The Distribution License is non-exclusive and non-transferable.
