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license.txt
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1996-10-24
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TERMS AND CONDITIONS FOR CUSTOMERS
----------------------------------
READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE
WITH THEM, YOU SHOULD SELECT THE æDO NOT ACCEPTÆ OPTION ON
INSTALLATION.
1. Service Obligation
1.1 UUNET PIPEX (trading name of The Public I.P. Exchange
Limited) undertakes to provide the Customer with Dial-Up
Internet Access ("the Service"). UUNET PIPEX will use its
reasonable endeavours to provide a prompt and continuing
Service but will not be liable for any loss of data
resulting from delays, non-deliveries, missed deliveries,
or service interruptions caused by events beyond the control
of UUNET PIPEX, or by errors or omissions of the Customer.
UUNET PIPEX specifically excludes any warranty as to the
accuracy of information received through the Service.
1.2 Save as expressly set out herein, all conditions or
warranties which may be implied or incorporated into this
contract by law or otherwise are hereby expressly excluded
to the extent permitted by law. In no circumstances
whatsoever will UUNET PIPEX be liable for economic,
indirect or consequential loss.
1.3 The liability of UUNET PIPEX (if any) in contract, tort,
negligence or otherwise arising out of or in connection with
supply of Service hereunder shall be limited in respect of
any one event or a series of two or more connected events to
ú250.
1.4 Save where the Service is terminated by UUNET PIPEX
without cause, the Customer shall not be entitled to a
refund of subscriptions paid.
2. Term, Suspension and Termination of Service
2.1 This contract shall be for a term equivalent to the
subscription period paid by the Customer until the expiry of
that subscription period or the contract terminated in
accordance with the terms hereof.
2.2 UUNET PIPEX may elect to suspend or terminate the Service
immediately and without prior notice, on breach of any of
the terms and conditions of this contract, including without
limitation late or non-payment of sums due.
2.3 From time to time certain PoPs, servers, or the whole or
part of the Network may be closed down for routine repair or
maintenance work. UUNET PIPEX shall give as much notice as
in the circumstances is reasonable and shall endeavour to
carry out such works during the scheduled maintenance
periods as published from time to time.
3. Improper Use and Liabilities
3.1 Use by the Customer:
The Customer acknowledges that it may only use the Service
for lawful purposes. The Customer warrants that:
3.1.1 it shall not (or authorise or permit any other party to)
use the Service or the UUNET PIPEX network to receive or
transmit material which is in violation of any law or
regulation, which is obscene, threatening, menacing,
offensive, defamatory, in breach of confidence, in breach
of any intellectual property right (including copyright),
or otherwise unlawful;
3.1.2 it shall not knowingly or recklessly transmit any
electronic material (including viruses) through the
Service which shall cause or is likely to cause detriment
or harm, in any degree, to computer systems owned by
UUNET PIPEX or other Internet users;
3.1.3 its account is to be used by a single user only and that
it will not allow simultaneous access using the same
log-in;
3.1.4 it as the registered user of the account will keep the
username and password secure and not let them become
public knowledge and that the password will not be stored
anywhere on a computer in plain text;
3.1.5 if the password becomes known to any other unauthorised
user it will inform UUNET PIPEX immediately;
3.1.6 any breach of these obligations shall entitle UUNET
PIPEX to immediately terminate the Service to the Customer
without notice.
3.2 The Customer hereby agrees to fully indemnify and to hold
UUNET PIPEX harmless from and against any claim brought by
a third party resulting from the use of the Service or the
UUNET PIPEX network by the Customer and in respect of all
losses, costs, actions, proceedings, claims, damages,
expenses (including reasonable legal costs and expenses), or
liabilities, whatsoever suffered or incurred directly by
UUNET PIPEX in consequence of the Customer's breach or
non-observance of these terms and conditions.
3.3 The Customer shall defend and pay all costs, damages,
awards, fees (including any reasonable legal fees) and
judgements awarded against UUNET PIPEX arising from the
above claims and shall provide UUNET PIPEX with notice of
such claims, full authority to defend, compromise or settle
such claims and reasonable assistance necessary to defend
such claims, at the Customer's sole expense.
3.4 The Customer shall be liable to pay all and any additonal
charges in connection with the use of the Service including
those levied by its telephone service provider.
3.5 Use by others:
The Customer acknowledges that UUNET PIPEX is unable to
exercise control over the content of information passing
over the UUNET PIPEX network or via the Service, and
UUNET PIPEX hereby excludes all liability of any kind for
the transmission or reception of infringing information of
whatever nature.
4. Connection to Other Networks
The Service may be used by the Customer to link into other
networks worldwide, and the Customer agrees to conform to the
acceptable use policies of such networks.
5. Password
UUNET PIPEX reserves the right to change the Customer's
password at any time at its sole discretion.
6. Restriction on Sub-leasing/Re-selling
The Customer in entering into this contract undertakes that
it will not assign, re-sell sub-lease or in any other way
transfer the UUNET PIPEX connection. Contravention of this
restriction in any way, whether successful or not, will
result in the service being terminated by UUNET PIPEX
forthwith.
7. Profligate Use
Profligate use of the UUNET PIPEX network is prohibited.
UUNET PIPEX considers that any applications which transmit
live video, live audio, or make similar traffic demands
across the UUNET PIPEX network by whatever means
constitutes making profligate use of the UUNET PIPEX
network. Use of IP Multicast, other than by means provided
and co-ordinated by UUNET PIPEX is also prohibited.
8. Assignment
UUNET PIPEX shall be entitled to assign this Agreement
either in whole or in part. This Agreement shall be personal
to the Customer who shall not be entitled to assign this
Agreement in whole or in part.
9. Data Protection
UUNET PIPEX reserves the right to put the names and other
information from the registration form relating to its
Customers into a computerised directory for internal use
only, unless specific written instructions are received from
the Customer.
10. PIPEX Dial Trial Users
PIPEX Dial Trial users acknowledge that access to the
UUNET PIPEX network may be restricted at the sole
discretion of UUNET PIPEX in the interests of fully
subscribed PIPEX Dial customers or the UUNET PIPEX network.
11. Software Agreement
UUNET PIPEX and its suppliers own the Licensed Programs
and the documentation provided with this Agreement, both of
which are protected by copyright laws. Your right to use the
Licensed Programs and documentation is limited to the terms
and conditions described below:
11.1 License
YOU MAY: (a) use the enclosed Licensed Programs on a single
computer; (b) physically transfer the Licensed Programs
from one computer to another provided that the Licensed
Programs are used on only one computer at a time, and that
you remove any copies of the Licensed Programs from the
computer from which the Licensed Programs are being
transferred; (c) make copies of the Licensed Programs
solely for the purposes of backup.
The copyright notice must be reproduced and included on a
label on any backup copy.
YOU MAY NOT: (a) distribute copies of the Licensed Programs
or their documentation to others; (b) rent, lease or grant
your rights to the Licensed Programs; (c) translate,
reverse engineer, decompile or disassemble, or otherwise
alter the Licensed Programs or their documentation without
the prior written consent of UUNET PIPEX except to the
extent applicable law specifically prohibits such
restriction; or (d) ship or transmit (directly or
indirectly) any copies of the Licensed Programs, or any
technical data in the Licensed Programs or its media, or
any direct product thereof, to any entity or country
destination.
11.2 Term
Your license remains in effect until terminated. You can
terminate it at any other time by destroying the Licensed
Programs together with all copies of the Licensed Programs
in any form. Your license will also automatically
terminate without notice if you fail to comply with any
term and condition of this Agreement. Upon any termination
you must destroy all copies of the Licensed Programs in any
form.
11.3 Limited Warranty
UUNET PIPEX warrants the media on which the Licensed
Programs are provided will be free from defects in materials
and workmanship under normal use for a period of thirty
(30) days after purchase. Defective media may be returned,
with proof of purchase, for replacement without charge
during the thirty (30) day warranty period. UUNET PIPEX
or the other software providers do not warrant that the
Licensed Programs are error-free, will operate without
interruption or are compatible with all equipment and
software configurations. In addition, the security mechanism
implemented by the software has inherent limitations and
you must determine that the software sufficiently meets
your needs. This warranty does not cover any Licensed
Programs which have been subjected to damage or abuse or
which have been altered or changed in any way. UUNET PIPEX
is not responsible for problems caused by computer hardware,
computer operation systems or the use of the Licensed
Programs in conjunction with non-UUNET PIPEX software.
EXCEPT AS PROVIDED IN THIS SECTION 11.3, UUNET PIPEX MAKES
NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE
LICENSED PROGRAMS, THEIR MERCHANTABILITY OR THEIR FITNESS
FOR A PARTICULAR PURPOSE.
11.4 Limitation of Liability
REPAIR, REPLACEMENT OR REFUND (AT THE OPTION OF UUNET
PIPEX) IS THE EXCLUSIVE REMEDY IF THERE IS A DEFECT. IN NO
EVENT SHALL UUNET PIPEX OR THE OTHER SOFTWARE PROVIDERS
BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF INCOME,
DATA, USE, OR INFORMATION, EVEN IF UUNET PIPEX OR THE
OTHER SOFTWARE PROVIDERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE
LIABILITY OF UUNET PIPEX OR THE OTHER SOFTWARE PROVIDERS
EXCEED THE AMOUNT PAID FOR THE LICENSED PROGRAMS AT ISSUE.
YOU SHALL NOT USE THE LICENSED PROGRAMS IN ANY CASE WHERE
DAMAGE OR INJURY TO PERSON, PROPERTY OR BUSINESS MAY OCCUR
IF ANY ERROR OCCURS. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH
USE.
12. UUNET PIPEX reserves the right to vary these terms and
conditions from time to time. Such changes shall be notified
to the Customer by Email and by posting on the UUNET PIPEX
Website. Changes in this manner shall be deemed to have been
accepted if the Customer continues to use the Service
after a period of two weeks from the date of Email or of
posting on the Website, whichever is the latter.
13. UUNET PIPEX shall not be liable in respect of any breach
of this contract due to any cause beyond its reasonable
control including but not limited to, Act of God, inclement
weather, act or omission of Government or public telephone
operators or other competent authority or other party for
whom UUNET PIPEX is not responsible.
14. The Customer acknowledges that it has read and accepts the
terms of this contract.
15. This contract shall be governed by and construed in
accordance with the laws of England and Wales and the
Customer hereby submits to the exclusive jurisdiction of the
courts of England and Wales.
Copyright ⌐ 1994-96 by The Public IP Exchange Limited. All rights
reserved. No part of this may be reproduced in any form or by any
means, electronic, mechanical, photocopying, recording, or
otherwise, without the prior written permission of the publisher.
For information contact UUNET PIPEX on 01223 250100.