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OS/2 Shareware BBS: 35 Internet
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2001-12-05
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8 FOLLOWING TERMS. YOUR INSTALLATION OF THE PROGRAM
INDICATES YOUR A
9 CEPTANCE OF THESE LICENSE TERMS.
PLEASE READ THIS AGREEMENT CARE
10 ULLY BEFORE INSTALLING THE PROGRAM. AT&T GLOBAL
NETWORK SERVICES, L.
11 .C. ("AT&T") OR THE LOCAL SERVICE PROVIDER WILL ONLY
LICENSE THE PROGRAM TO
12 YOU IF YOU FIRST ACCEPT THE TERM
13 OF THIS AGREEMENT BY
INSTALLING THE PROGRAM. IF YOU DO NOT AGREE TO THE TERMS OF
14 THIS AGREEMENT, DO
NOT USE THE
15 ROGRAM; EITHER RETURN OR DESTROY YOUR COPY.
These license terms apply to You
16 installation and use of the program, which
program includes copyrighted materials and programs of Our Licensors
17 (collectiv
18 ly referred to as "Program"). This license is granted to You by the
AT&T or the local service provi
19 er ("We" or "Us") in Your country. A list of
local service providers and any country unique terms
20 s included at the end of
this Program License Agreement.
The Programs contained in this package are i
21 tended only for Users of Our
Services and not for any other use. You may not use the Program contained in
t
22 is Package to upgrade any Programs that You did not obtain from Us.
1. License. This Program is li
23 ensed and not sold. Title to the Program does
not pass to You. We own, or license from the owner
24 copyrights in the Program.
You obtain no r
25 ghts other than those granted You under this Program License
Agreement. The term "Program" means the or
26 ginal (including any revisions,
enhancements, updates, or the like) and all whole or partial copies of i
27 ,
including modified copies or portions merged into other programs. You are
responsible for the use of, and resul
28 s obtained from the Program. This Program
may be used only in conjunction with access to the local service provide
29 network
and only used by You on one machine at any one time. You may not reverse assemble
or reverse compile t
30 e Program, except as specifically provided by law, without
the possibility of a contractual waiver. Yo
31 may not sublicense, rent, lease,
or assign the Program.
2. Disclaimer of Warranty and Limitation of Liability.
32 THE PROGRAM AND ANY
OTHER PROD
33 CT WHICH WE PROVIDE TO YOU AS PART OF OUR SERVICE ARE PROVIDED "AS IS."
EXCEPT AS SP
34 CIFICALLY SET FORTH HEREIN, NEITHER WE NOR OUR LICENSORS MAKE ANY
WA
35 RANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY, QUALITY, AND
FITNESS F
36 R A PARTICULAR PURPOSE RELATING TO OUR PROGRAM, SERVICES, AND/OR
RELATED PRODU
37 TS THAT WE OR OUR LICENSORS PROVIDE OR THE SERVICE OF ANY OTHER
SE
38 VICE PROVIDER. DO NOT USE THE PROGRAM OR RELATED PRODUCTS IN ANY HIGH RISK
ACTIVI
39 IES WHERE DAMAGE OR INJURY TO PERSONS, PROPERTY, ENVIRONMENT OR BUSINESS
MAY RESULT
40 IF AN ERROR OCCURS. YOU EXPRESS
41 Y ASSUME ALL RISK FOR SUCH USE. WE
DISCLAIM ANY WARRANTY OF TITLE OR OTHER
42 ARRANTIES FOR ANY THIRD PARTY'S
OFFERING(S) OR PRODUCT(S). ALL SUCH WARRANTIES AND RE
43 RESENTATIONS ARE HEREBY
EXCLUDED. WITHOUT LIMITATION, NO WARRANTY IS GIVEN THA
44 THE PROGRAM OR
PRODUCTS ARE ERROR-FREE.
WE, INCLUDING OUR LICENSORS, DISCLAIM
45 NY LIABILITY OR RESPONSIBILITY ARISING
FROM ANY CLAIM THAT YOUR
46 CCESS OR USE OF THE PROGRAM, SERVICE, AND/OR RELATED
PRODUCTS WE
47 PROVIDE OR ANY OTHER SERVICE PRO
48 IDER'S SERVICE OR PRODUCTS
INFRINGES ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS.
49
IN NO EV
50 NT ARE WE OR OUR LICENSORS LIABLE FOR: A) DIRECT, SPECIAL, INDIRECT,
51
CONSEQUENTIA
52 OR INCIDENTAL DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY THER
53 OF INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST BUSINESS
REVENU
54 , OR FAILURE TO REALIZE EXPECTED SAVINGS; OR, B) ANY CLAIMS AGAINST
55 OU
BY ANY OTHER PARTY. This Section applies to all claims by You irrespective of
the c
56 use of action underlying Your claim, including, but not limited to:
a) breach of contract, even
57 f in the nature of a breach of condition or a
fundamental term or a fundamental breach, or b) tort inclu
58 ing but not limited
to negligence or misrepresentation.
59 iable for any damages arising from Your
failure to perform Your responsibility in connection with this Prog
60 am License
Agreement, or arising from any cause beyond Our control, including but not
limited to delay in the pe
61 formance of Our obligations or misuse of Your User IDs.
All limitations and disclaimers stated in this Section al
62 o apply to Our Product
Licensors as intended beneficiaries of this Program License Agreement. Any
rights or limi
63 s stated herein are the maximum for which we are collectively
responsible.
3. Your Additional Rights. You may
64 have additional rights under cer
65 ain laws
(such as consumer laws) which do not allow the exclusion of implied warranties,
or the exclusion or limit
66 tion of certain damages. If these laws apply, Our
exclusions or limitations may not apply to Yo
67 .
4. General. We do not provide any support, maintenance, assistance, or the
like with respect to the Program.
68
The Progra
69 contains code designed to collect connection performance information
for use by Us. Such information ("Info
70 mation") includes, but may not be limited
to, information about the operating system and modem You are using, the
71 local
service provider POP numb
72 r dialed, Your calling line information (unless blocked
by You), Your IP address, account identifica
73 ion and user identification, and
connection error code information. By accepting the terms of this Program
Licens
74 Agreement, You consent to the collection and use by Us, as we deem
appropriate for the purpose of p
75 oviding You with our Services, of Information
We gather via the Program.
You are responsible for payment of an
76 taxes, including Your personal property
taxes, resulting from this Program License Agreement or Your use of the Program
77
You agree to comply with all export laws and
78 regulations. Neither party may
79 bring an a
80 tion under this Program License Agreement more than two years after
the cause of actions arose. T
81 is Program License Agreement and all Your rights
and obligations are governed by the laws of the countr
82 in which Your local
service provider is located.
You may terminate Your license at any time. We may terminate Your
83 icense if
You fail to comply with the terms of this Program License Agreement. In either
license terminat
84 on event, You must destroy all Your copies of the Program.
85 AL SERVICE PROVIDERS (last updated February 11, 2000)
Country
86 rovider
Argentina AT&T Argentina
Australia Advantra Pty Limited
Austr
87 a AT&T Global Network Services Austria Gmbh
Belgium AT&T Global Network Services Belgium SPRL
Br
88 zil AT&T Global Network Services Brasil Ltda.
Bulgaria AT&T Global Network Services Bulgaria
89 td.
Canada AT&T Global Network Services Canada Co.
Chile AT&T Red Globa
90 Telecomunicaciones Ltda.
Colombia AT&T Global Network Services Columbia SRL (Limitada)
Croatia AT&T Gl
91 bal Network Services, d.o.o. Zagreb
Cyprus AT&T Global Network Services Cyprus Limited.
Czech Republic AT&
92 Global Network Services Czech Republic s. r. o.
Denmark AT&T Global Network Servi
93 es Danmark ApS
Ecuador AT&T Global Network Services Ecuador Cia. Ltda.
Finland AT&T Global Ne
94 work Services Finland Oy
France AT&T Global Network Services France, SAS
Germany AT&T Global Network Services D
95 utschland GmbH
Greece AT&T Global Network Services (Hellas) E.P.E.
Hong Kong AT&T Global Network
96 Services Hong Kong Limited.
Hun
97 ary AT&T Global Network Services Hungary Kft.
Indonesia Sistelindo Mitra Lintas
Irish Republic AT
98 T Global Network Services Ireland Limi
99 ed.
Italy IN.TE.S.A. SpA Servais
Israel AT&T Global Network Services International Inc. - Israel Branch Office
100
Japan AT&T
101 Global Network Services Japan LL
102
Luxembourg AT&T Global Network Services Luxembourg S.α.r.l.
Mal
103 ysia VADS Sdn Bhd
Mexico AT&T Global Network Services Mexico S. de R.L. de C.V.
Netherlands
104 AT&T Glob
105 l Network Services Nederland B.V.
Netherlands Antilles AT&T Global Netwe■╕ork Services Netherlan
106 s Antilles N.V.
New Zealand AT&T Global Network Services International Inc. - New Zealand Branch
107 orway AT&T Global Network Services Norge LLC - Norwegina Branch Office
Paki
108 tan IBM SEMEA S.p.A.
Peru AT&T Global Network Services del Peru S.R.L.
Philippines Philippine Long Distance T
109 lephone Co.
Portugal Compensa servicos de Telecomunicacoes, S.A.
Puerto Rico AT&T Global Network
110 ervices Puerto Rico Inc.
Romania AT&T Global Network Services Romania SRL
Russia
111 Federation IBM East Europe/Asia Ltd.
Singapore AT&T Worldwide Telecommunication Services Singapore Pte. Ltd
112
Slovak Republic AT&T Global Network Services
113 Slovakia, s.r.o.
Slovenia AT&T
114 globalne omrezne storitve d.o.o.
115
South Africa
116 AT&T Glo
117 al Network Services SAT (Pty) Limited (registration number 89/01259/07)
South Korea AT&T Global
118 etwork Services Korea Ltd. (Yahan Hosea)
Spain AT&T Global Network Services
119 Espana, S.L.
Ctra.
120 Barcelona, km 18,400.
121 28850 San Fernando de Hernare
122 , Madrid
Sweden AT&T Global Network Services Sweden AB
Switzerland and Lichtenstein AT&T Global Network Services
123 Switzerland Sarl
31, Rout
124 de l'AΘroport
Le Grand-Saconnex
CH - 1215 Geneva
Taiwan AT&T Global Network Service
125 Taiwan Ltd. [yu hsien kungsze]
Thailand Thai Global Network Services Holding Co. Ltd.
Turkey AT&T Global Ilet
126 sim Servisleri Limited Sirketi [Ltd. Sti]
UK AT&T Global Network Services (UK) B.V. - UK Branch
USA
127 AT&T Glob
128 l Network Services, L.L.C.
Venezuela IBM Venezuela, S.A.
Country Unique Terms
The follo
129 ing terms are country specific amendments to this Program License
Agreement. All Program License Agreement terms not
130 pecifically modified or
deleted by these amendments remain in effect.
A.1 United States. The laws of the Stat
131 of New York govern this Program
License Agreement.
A.2 Canada. The laws of the Province of Ont
132 rio govern this Program License
Agreement.
A.3 Australia. You agree to give all required no
133 ices under this Program License
Agreement by writing to: IGN Business Manager, Advantra Pty Limited, GPO Box 9936,
134 Sydney NSW
135 2001.
Section 2, Disclaimer o
136 Warranty and Limitation of Liability is modified as
follows: Where We are in breach of a condition
137 r warranty implied by the
Trade Practices Act 1974, Our liability is limited to: (a) where We supplied
servi
138 es - the cost of having the services supplied again; or (b) where We
supplied goods - the repair o
139 replacement of the goods, or the supply of
equivalent goods. Where the condition or warranty relates to right t
140 sell,
quiet possession or clear title, or the goods are of a kind ordinarily acquired
for personal, domestic
141 or household use or consumption,
142 then none of the
limitations in
143 this paragraph apply.
A.4 Ne
144 Zealand. Section 2, Disclaimer of Warranty and Limitation of Liability
is modified as follows: The Consumer Guarant
145 es Act 1993 will not apply in
respect of any goods or offerings which We provide if You require them
146 for the
purposes of a business
147 s defined in that Act. Where products or services are not
acquired for the purposes of a busine
148 s as defined in the Consumer Guarantees Act
1993, the limitations in this Section are subject to the limitations i
149 that Act.
A.5 Germany, Austria and Switzerland. Instead of Section 3, Your Additional
Rights, the follo
150 ing applies: The limitations and exclusions specified in this
Program License Agreement will not apply to damages cau
151 ed by us with intention
or gross negligence. We are not liable for assured characteristics.
Section 4, General
152 s revised as follows: The limitation on bringing a legal
action is not applicable in case of tort by ei
153 her Us or Your, or Our respective
agents.
A.6 Japan. All disputes with respect to this Program License Agreeme
154 t shall
be determined by Tokyo District Court, Japan.
A.7 Italy. CONTRACTUAL TEXT SHOWN ONLY FOR ACKNOWL
155 DGMENT. CONTRACT MUST BE
SIGNED TWICE (AS REQUIRED BY ITALIAN LAW)
156 EFORE ANY PROGRAM USE.
A.8 Israel. Section 4, General is revi
157 ed as follows: The limitation on
bringing a legal action will be according to the law of limitation provided a
n
158 tification concerning the cause of action was sent no more than two years
after the cause of action arose or b
159 came known to plaintiff.
A.9 Philippines. Venue for suit arising from this Program License Agree
160 ent
shall be the proper courts of Makati, Metro Manila, Philippines.
A.10 Ireland. Nothing in this Prog
161 am License Agreement shall affect the
statutory rights of consumers.
A.11 Argentina. Customers in Argentina
162 ill receive a hardcopy of the Program
License Agreement, including country unique terms for Argentina, when they reque
163 t
to register for the service and Program.
A.12 Chile. Customers in Chile will receive a hardcopy of the Prog
164 am License
Agreement, including country unique terms for Chile, when they request to
register for the service an
165 Program.
A.13 Greece. CONTRACTUAL TEXT SHOWN ONLY FOR ACKNOWLEDGMENT. CONTRACT MUST BE
SIGNE
166 (AS REQUIRED BY GREEK LAW) BEFORE ANY PROGRAM USE.
A. 14 South
167 frica. This Program License Agreement will be governed by the la
168 s
of Republic of South Africa. The parties hereby consent to the jurisdiction of
the Magistrates Court in respect of
169 any action or proceedings which
170 ay be brought
against either party in connection with this Program License Agreement,
notwithstanding that
171 uch action or proceedings would otherwise be beyond such
jurisdiction, without prejudice to the right of either pa
172 ty to institute any
such proceedings in the Supreme Court having jurisdiction.
A. 15 Turkey. In section 4,
173 eplace the words "two years" with the words
"five years". You agree to give all required notices under this Agree
174 ent by
calling 0212-280 0900 (ext 1777) or sending fax to 0212-278 0478 and
confirming the same in writing
175 o AT&T Global Iletisim Servisleri Limited
Sirketi, Buyukdere Caddesi, Levent 80613, Istanbul.
A. 16 Central Eu
176 ope & Russia. This Program License Agreement will be governed
by the material laws of Austria. All disputes and
177 controversies between the
parti
178 s arising out of, or in connection with, this Agreement or its
implementation, performance or interp
179 etation, shall be finally settled under
the Rules of Arbitration and Reconciliation of Arbitral Centre of the Fed
180 ral
Economic Chamber in Vienna (Vienna Rules), by three arbitrators appointed in
accordance with sa
181 d Rules. The arbitration shall be held in Vienna, Austria.
The official language of the proceedings sha
182 l be English. The decision of the
arbitrators shall be final and binding upon both parties and therefore,
183 he
parties pursuant to paragraph 598(2) of the Austrian Code of Civil Procedure,
expressly waive the application o
184 paragraph 595(1), figure 7 of said Code.
The clauses set forth above shall, however, in no way limit
185 our right to institute
proceedi
186 gs in any competent court.
A.17 Malaysia. Any dispute arising in connection with this Agreement which
ca
187 not be settled by negotiation between the parties or their representative
shall be submitted to arbitration i
188 accordance with the Rules for Arbitration
of Kuala Lumpur Regional Arbitration Center.
A.18 Pakistan. Thi
189 Program License Agreement will be governed by the laws of
Islamic Republic of Pakistan.
A.19 Taiwan. For the
190 ustomers in Taiwan, the laws of Taiwan govern this
Agreement. The liability for damages caused by
191 illful or gross negligent conduct
shall not be released or restricted by contract. In section 4, the clause reading
192 neither party may bring an action
193 nder this Program License Agreement more than
two years after the cause of action arose." shall not be applied.
A
194 0 - Brazil. This Program License Agreement is subj
195 ct to Brazilian legislation and,
especially, to the norms of the Code of Defense of the Consumer (La
196 n° 8.078/90), of
the Law n° 9.609/98 and 9.610/98, remaining without effect the contractual disposals:
a) that they
197 limit the responsibility of AT&T
198 relating to the
199 roducts
supply and in relation to eventual damages and decurrent damages of them; b) that they
relieve AT&T of
200 the guarantee for the services o
201 products or that they are contrary
to the referring legal stipulations to this guarantee; c) that they exempt an
202 of the
contractors of the responsibilities for eventual actions of third parties, decurrent of
vices, defects or break
203 ng of rights of the Program License Agreement author and;
d) that of any form they oppose the Brazilian
204 egislation, and, in special, the relative
norms of copyrights, copyrights of the Programs, right related wi
205 h computer programs
and rights of the consumer.
version - February 29, 2000
206 00%
207 ed the
208 T
209 ed. The TCP/IP software is not installed properly. Check that the file exists in a directory in the
210 IBPATH in your CONFIG.SYS.
211 software is not installed properly. Check that the file exists in a directory i
212 the LIBPATH in your CONFIG.SYS.
213
214 g to
215 tering dialer class...
216 >
217
218 IALER>