Mac Power 1996 June/MACPOWER-1996-06.ISO.7z/MACPOWER-1996-06.ISO/Apple関連/OpenDoc J-1.0/3rd Party Components/Kantara⁄Part Merchant/CyberCashｪ/CyberCash Client/CyberCash Client.rsrc/TEXT_2501_User Agreement.txt

Text File | 1995-11-08 | 7KB | 124 lines

             CyberCash邃｢ Internet Payment Service for Credit Cards
                                             USER  AGREEMENT

ABOUT PASSWORDS AND SIGNATURES:  This CyberCash software will allow
you to select a personal password which, when used with the CyberCash
software, will create your "digital signature" and let CyberCash,
your financial institution and your merchant know that the
transaction on your credit card has been authorized by you.
Transactions cannot be initiated without your password.  Your
password is the key to using your credit card(s) on the CyberCash
system, so PROTECT YOUR PASSWORD carefully.  Write it down, but do
not store it on or near your computer.  Keep it in a safe place, do
not reveal it to anyone, and do not let anyone else use your computer
after you have entered your CyberCash password and the the CyberCash
software is still running.

LIMITATIONS ON LIABILITY:  (1)  Other People's Use of Your Password:
It is your responsibility to protect your password from use by
unauthorized persons.  CyberCash will not be responsible for
transactions initiated by other people from your computer by use of
your password.  By activating your software as a CyberCash user, you
will be acknowledging that YOU WILL TAKE RESPONSIBILITY FOR ALL
TRANSACTIONS INITIATED FROM YOUR COMPUTER USING YOUR PASSWORD.  If
you suspect that your password has been lost or stolen, act just as
you would if your credit card itself was lost or stolen.  You must
also immediately send an electronic mail message to CyberCash
instructing us to deactivate your account.  You can then open a new
CyberCash account with your new credit card number and again enjoy
the protection of the CyberCash payment services. (2) Problems With
Things You Buy:  CyberCash is not a merchant and has nothing to do
with the goods or services you purchase using the CyberCash payment
service.  CyberCash makes no representations or warranties of any
kind relating to the goods or services which you purchase using the
CyberCash service or the merchants from whom you purchase them.  By
proceeding with installation of this software and activation of your
user password, you agree that CyberCash will not be liable for any
problems of any kind relating to those goods and/or services, and
agree to indemnify CyberCash from any costs arising from any attempt
by you to hold CyberCash responsible in violation of this agreement.
(3) Problems With Card Authorizations:  You agree that CyberCash's
sole responsibility is the accurate, complete and confidential
transmission of your credit card transaction information and the
responses to requests for authorization.  CyberCash is not
responsible for the actions of any bank or other financial
institution in authorizing, refusing to authorize or otherwise
responding to an authorization request transmitted by the CyberCash
service.  You specifically waive any claim that you might otherwise
have against CyberCash for libel, slander, defamation, injury to
character or reputation, embarrassment, mental anguish or the like
arising from CyberCash's transmission of responses to transaction
authorization requests. (4) Limited Warranty:  CyberCash warrants
that if notified by you that the software is inoperable or defective,
it will make reasonable efforts to make available to you at no charge
replacement software which is operable.  Notwithstanding any other
portion of this agreement to the contrary, you agree that CyberCash's
sole obligation regarding defective or inoperable software is to to
make reasonable efforts to replace it.  CYBERCASH SPECIFICALLY AND
EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WRITTEN OR
ORAL, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.  YOU ACKNOWLEDGE THAT OPERATION OF
THE SOFTWARE MAY NOT BE UNINTERRUPTED OR ERROR FREE. (5) Limitation
of Damages:  IN NO EVENT WILL CYBERCASH, ITS OFFICERS, DIRECTORS,
EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL,
INCIDENTAL OR INDIRECT DAMAGES ARISING OUT OF THE USE OR INABILITY TO
USE THE SOFTWARE OR SERVICE, PROBLEMS WITH THE USE OF YOUR COMPUTER,
OR LOSS OF DATA, EVEN IF CYBERCASH HAS BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES.  CyberCash's liability to you for actual
damages from any cause whatsoever, regardless of the form of the
action (whether contract, tort, negligence or otherwise) will be
limited to $100.  You further agree to waive any claim to seek
punitive or exemplary damages from CyberCash, regardless of the
cause. (6) Matters Beyond CyberCash Control.  CyberCash will not be
liable for and will be excused from any failure or delay in
performing its obligations if (i) such failure or delay is caused by
circumstances beyond CyberCash's reasonable control (including but
not limited to legal constraint, emergency conditions, action or
inaction of governmental, civil or military authority, fire, labor
dispute, war, riot, theft, natural disaster, breakdown of any
supplier of services or equipment to CyberCash, equipment failure, or
act, omission, negligence or fault of you) or (ii) CyberCash
reasonably believed that its action would have violated any law,
guideline, rule or regulation of any governmental authority. No such
failure or delay will constitute a breach of CyberCash's obligations
to you.

BILLING RIGHTS INFORMATION:  You may have certain rights with the
financial institution which issued your credit card to receive
certain documentation of transactions and to raise questions about
errors in your bills.  You agree that those matters are between you
and your financial institution, and that CyberCash is not involved.
You should contact your card issuing financial institution for more
information about your billing rights.

TERMINATING YOUR CYBERCASH RELATIONSHIP:  Either you or CyberCash may
terminate your CyberCash relationship at any time, with or without
reason.  If you wish to terminate your account, you agree to send an
electronic mail message to CyberCash instructing it to do so, and
CyberCash will take reasonable steps to close your account within a
reasonable period of time.  If CyberCash terminates your account, it
will promptly give you notice that it has done so.

ARBITRATION OF DISPUTES:  In the event of a dispute between you and
CyberCash, you agree to give CyberCash at least sixty days written
notice of the specific nature of your dispute and use your best
efforts to resolve such dispute in good faith.  In the event that the
dispute cannot be resolved by mutual agreement, you agree that it
will be resolved by binding arbitration before a single arbitrator in
Reston, Virginia in accordance with the rules of the American
Arbitration Association applicable at the time of the dispute.

NOTICES, GOVERNING LAW, BINDING AGREEMENT:  You agree that all
notices shall be given by electronic mail, with notices to you going
to the electronic mail address which you furnish at the time you
install the software and notices to CyberCash going to
[e-mail].  You also agree that by proceeding with
installation of the software below, this will become a binding legal
agreement between you and CyberCash, which will be governed by the
laws of the Commonwealth of Virginia.

If you agree with the above terms and want to proceed with the
selection of a password and activation of a CyberCash user
registration, click "I Agree" below.