Total Network Tools 2002/NextStepPublishing-TotalNetworkTools2002-Win95.iso/Archive/Voice Chat Tools/Paltalk.exe/License.txt

Text File | 2000-03-18 | 7.1 KB | 130 lines

PALTALK SOFTWARE LICENSE AGREEMENT
===================================

IMPORTANT - THIS IS A LEGALLY BINDING AGREEMENT BETWEEN A.V.M.
SOFTWARE, INC. ("AVM") AND YOU.  IT IS THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE TERMS AND CONDITIONS REGARDING YOUR USE OF THE
PALTALK SOFTWARE, DOCUMENTATION AND ASSOCIATED MATERIALS ("SOFTWARE").

BY SELECTING "I AGREE", BY CONTINUING THE INSTALLATION, BY USING THE
SOFTWARE OR BY SIGNIFYING YOUR ACCEPTANCE IN ANY OTHER WAY, YOU AGREE
TO BE BOUND BY THIS AGREEMENT.  IF YOU DO NOT AGREE WITH ALL THESE
TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE AND
YOU SHOULD DISCONTINUE ANY FURTHER INSTALLATION OR USE THEREOF.

LICENSE GRANT.  AVM grants to you a non-exclusive, non-transferable
license this copy of the Software solely for your personal use on any
desktop or other fixed or portable computer.  For purposes of this
Agreement, the Software is considered to be "in use" when it is loaded
into temporary memory (e.g., RAM) or installed into the permanent
memory (e.g., hard disk, CD-ROM or other storage device) of such
computer.

OWNERSHIP.  The Software is proprietary to AVM and protected by United
States copyright and other laws, as well as international treaty
provisions and you must treat the Software as any other copyrighted
and legally protected material.  You may not modify, adapt, translate,
reverse engineer, decompile, disassemble the Software or create
derivative works using or based on the Software, nor may you
distribute, loan, rent, or lease, timeshare or use the Software to
provide services for third parties, sublicense or transmit all or any
portion of the Software, nor may you allow others to do so.  AVM
reserves all rights not expressly granted herein.  AVM owns all right
title and interest in and to the Software and nothing in this Agreement
shall be construed to transfer, convey, impair or otherwise adversely
affect AVM's ownership or proprietary rights therein or any other AVM
information or materials, tangible or intangible, in any form and in
any medium.

ACCOUNT INFORMATION.  YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18)
YEARS OF AGE. When you register for Paltalk, you will choose a username or
nickname and an account (Paltalk UID) will be created for you. You may
not select a nickname which violates any copyright, third party's
trademark right or other proprietary right or a name which AVM deems
in its sole discretion to be profane or in any way offensive.
AVM reserves the right to delete any profane or offensive nicknames
and/or to require you to change your nickname.  You are entirely liable
for all activities conducted through your Account and the nickname
registered to your Account. You may allow another person, including a
minor, to use your Account and nickname subject to your supervision and
assumption of all liability. You agree to provide AVM with accurate and
updated registration information; failure to do so would constitute a
breach of this Agreement and may result in the immediate termination of
your account.

NO REPRESENTATIONS OR WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS"
WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  YOU ASSUME THE
ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND THIS
AGREEEMENT.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

TERMS OF USE.  You, and anyone you authorize to use your Account,  may
not engage in conduct which is unlawful or which inhibits another user
from enjoying Paltalk.  AVM reserves the right to terminate your
account if, in its sole discretion, it determines that you have
engaged in any prohibited conduct. AVM also reserves the right, but
not the responsibility, to restrict conduct which AVM deems in its
sole discretion to be harmful or offensive to other users.  Without
limiting the foregoing, examples of unacceptable conduct include:
threatening, harassing, or intimidating another user, transmitting
any unlawful, threatening, abusive, profane, offensive, defamatory,
or hateful communication or material, or any racially, ethnically or
otherwise objectionable material; using any obscene or offensive alias;
impersonating another user, including, without limitation, an AVM
employee or representative; disparaging the Paltalk service, AVM or
its representatives or employees; posting or transmitting any
advertising, promotional materials or other forms of solicitation to
other users; disrupting the normal operation of any chat room or
otherwise acting in a manner that negatively impacts other users.

LAW ENFORCEMENT.  AVM will fully cooperate with law enforcement in
investigating suspected criminals and, notwithstanding any provision
herein to the contrary, may release your name and other information
to the appropriate authorities for that purpose. You are completely
and solely liable for all activity conducted by or through your
username.  AVM reserves the right to determine, in its sole discretion,
what constitutes proper online behavior and may, without notice,
suspend or terminate your access to Paltalk.

TERMINATION OF ACCOUNT.  In the event that you engage in conduct
prohibited by this Agreement, or otherwise commit any other breach
of this Agreement, then ANY of the following may occur: you may be
issued a warning; your access to online chat groups may be suspeneded
or use of your account may be temporarily or permanently blocked.

LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO
EVENT SHALL AVM OR ANY OF ITS SUPPLIERS BE LIABLE OR RESPONSIBLE FOR
ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR
DATA, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE,
THE LICENSE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, EVEN IF AVM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

U.S. GOVERNMENT RESTRICTED RIGHTS: The Software is provided with
RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is
subject to restrictions as set forth in subparagraph (c)(1)(ii) of the
Rights in Technical Data and Computer Software clause at DFARS
252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer
Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
Manufacturer is A.V.M. Software, Inc., 213 West 35th Street, New York,
N.Y. 10001.

GOVERNING LAW.  In enforcing, interpreting and for all other purposes,
this Agreement will be governed by the substantive laws of the State of
New York. If a court determines any remedy provided to you under this
Agreement has failed of its essential purpose, the limitations of
liability and exclusion of damages and warranties above shall not
be affected and remain in full force and effect.  The only way this
Agreement can be modified is if an authorized representative of AVM
agrees to do so in writing.