AT&T I M HereSM Service and POWWOW(tm) End User License Agreement
AT&T I M Here Service is powered by PowWow technology from Tribal Voice, Inc.
ALL USE OF POWWOW CLIENT SOFTWARE IS SUBJECT TO THIS LICENSE
AGREEMENT. BY CLICKING ON THE "YES" BUTTON BELOW, YOU ARE
AGREEING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT, AND YOU CONSENT TO BE BOUND BY AND BECOME A PARTY
TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT, CLICK THE "NO" BUTTON AND YOU
WILL NOT HAVE ANY LICENSE TO AND MAY NOT USE ANY PART OF THE
POWWOW SOFTWARE. AT&T AND TRIBAL VOICE'S ACCEPTANCE IS EXPRESSLY
CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS
OF THIS AGREEMENT; IF THESE TERMS ARE CONSIDERED AN OFFER BY
TRIBAL VOICE OR AT&T, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. THE AT&T WORLDNET SERVICE AGREEMENT TERMS AND CONDITIONS (http://www.att.net/general-info/terms.html) ALSO APPLY TO YOUR USE OF THE POWWOW SOFTWARE.
PowWow copyright (c)1995-1998 by Tribal Voice, Inc. All rights reserved. PowWow is distributed free-of-charge for personal non-institutional use by individuals. Tribal Voice, Inc. reserves the right to charge for all other uses. Licensing information is available by contacting Tribal Voice, Inc.
Grant. By using the PowWow Software ("PowWow"), you agree to abide by the terms of this license agreement ("Agreement"). Subject to the terms of this Agreement, Tribal Voice, Inc. ("Tribal Voice") hereby grants you a limited, personal, nontransferable, nonsublicensable, royalty-free, nonexclusive
license to use one copy of PowWow in object code form only on a single computer and only in accordance with the applicable end user and technical documentation for the purposes described herein. Also, every time you turn on PowWow you will access the Tribal Voice registration server in order to interact with other PowWow and AT&T I M Here users via the Internet.
You may copy PowWow for archival purposes and for the purposes of distribution only in accordance with the terms set forth below, provided any copy must contain all original proprietary notices
included by Tribal Voice and must contain a copy of this Agreement. You may distribute PowWow only to other individual users who agree to be bound by the terms of this Agreement. PowWow must be
distributed complete and intact without modifications whatsoever.
Restrictions. You agree you will not attempt to reverse compile, modify, translate, create derivative works of, or disassemble (except to the extent applicable laws specifically prohibit such restriction) PowWow in whole or in part or to otherwise attempt to derive source code or underlying ideas or algorithms from PowWow and that you will make reasonable efforts to prevent anyone from doing same. You may not remove any proprietary notices or labels from PowWow or any copy thereof.
Title. As between the parties, title, ownership rights, and intellectual property rights in and to PowWow, and any copies or portions thereof, shall remain in Tribal Voice and its suppliers or licensors. PowWow is protected by the copyright laws of the United States and international copyright treaties. Title,
ownership rights, and intellectual property rights in and to any software, data, information, text, pictures, images, avatars, characters, sounds, personalities, or other content ("Content") accessed through PowWow is the property of the applicable owner and may be protected by applicable copyright or other law. This
license gives you no rights, title, or interest to Content except the limited license to use PowWow as described above. PowWow includes software licensed by Tribal Voice from The Independent JPEG Group, First Byte, and VoxWare, Inc. that is protected by the copyrights, trademark rights and other
intellectual property rights of its respective owners.
DISCLAIMER OF WARRANTY. POWWOW, AND ANY SUPPORT OR
SERVICES YOU MAY RECEIVE FROM TRIBAL VOICE OR AT&T CORP. AND ITS AFFILIATES, ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. TRIBAL VOICE AND AT&T HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER TRIBAL VOICE NOR AT&T WARRANT THAT LICENSEE WILL HAVE CONTINUOUS, UNINTERRUPTED USE OF THE SOFTWARE OR THE TRIBAL VOICE REGISTRATION SERVICE OR THAT POWWOW IS ERROR-FREE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
Proper Use of Software. You understand and acknowledge that
PowWow is a tool to assist you in communicating with other
people, and that neither Tribal Voice nor AT&T is not responsible for the content of such communications. Tribal Voice exercises no screening, editorial, or other control over Content available to you
through use of PowWow, and Content may include material that
could be deemed distasteful, misleading, inaccurate, offensive,
pornographic or otherwise objectionable. Furthermore, use of
PowWow does not guarantee any privacy or confidentiality of any
Content which you post or make available through PowWow and
Tribal Voice assumes no responsibility or liability for the
preservation of such Content. You may not use PowWow or the
Tribal Voice Registration Services in any manner that in the
sole discretion of Tribal Voice is deemed to interfere with the
reasonable use of PowWow by other PowWow users with whom you
may interact using PowWow. You shall use PowWow for lawful
purposes only, in compliance with all applicable laws, including
without limitation copyright, trademark, obscenity, and
defamation laws. Unlawful activities may include, without
limitation, storing, distributing or transmitting any unlawful
material, attempting to compromise the security of any networked
account or site, or making threats of physical harm.
You are solely responsible for the content of any transmissions
through or using PowWow. You agree to enter a valid email
address, of which you are the owner or primary user, and a
unique password when using PowWow and the Tribal Voice
Registration Service. Tribal Voice and AT&T reserve the right to
take any action against anyone who violates these terms,
including but not limited to modifying or removing any Content
or discontinuing use of PowWow or the Tribal Voice Registration
Service without notice to you. You hereby release Tribal Voice and AT&T from any and all liability for all claims related to Content as
well as claims related to the security or level of privacy
provided. You agree to indemnify and hold harmless Tribal Voice
and AT&T and their respective licensors, affiliates, directors, officers, agents and employees from and against any and all claims, actions, proceedings, damages, judgments, losses, liabilities and
expenses (including reasonable attorneys fees) arising out of
or in connection with any communications generated by you or
content posted by you using PowWow. You assume responsibility
of, and any costs or liability associated with, making a
connection to the Tribal Voice Registration Service, and you
understand that PowWow will not operate without such a
connection.
LIMITATION OF LIABILITY. TRIBAL VOICE, ITS LICENSORS, AND AT&T SHALL
NOT BE LIABLE UNDER ANY TORT, CONTRACT, STRICT LIABILITY, OR
OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL
TRIBAL VOICE OR AT&T BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST
PRICE FOR A LICENSE TO POWWOW, EVEN IF TRIBAL VOICE OR AT&T SHALL HAVE
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR
PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO
YOU.
You specifically agree that Tribal Voice and AT&T shall not be responsible for unauthorized access to or alteration of your transmission or data, any material or data sent or received or not sent or received, or any transactions entered into through the use of PowWow. You specifically agree that Tribal Voice and AT&T are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.
LINKS TO THIRD PARTY SITES. THE LINKS INCLUDED WITHIN POWWOW MAY LET YOU LEAVE THE POWWOW WEB SITE ("LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE CONTROL OF TRIBAL VOICE OR AT&T AND TRIBAL VOICE AND AT&T ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. TRIBAL VOICE AND AT&T ARE NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. TRIBAL VOICE AND AT&T ARE PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY TRIBAL VOICE OR AT&T OF THE SITE OR ANY ASSOCIATION WITH THEIR OPERATORS.
Support. This Agreement does not entitle you to any
maintenance, upgrades, patches, enhancements, fixes, new
versions or other support ("Support Programs") for PowWow. The terms of this Agreement shall apply to any Updates, Upgrades, Patches, or Fixes of PowWow you download or otherwise obtain.
Termination. This Agreement, including all of your rights to
use PowWow or AT&T I M Here Service, will terminate automatically and immediately if you fail to comply with the terms and conditions of this Agreement. Except for the license granted in the "Grant" section of this Agreement and except as otherwise expressly provided herein, the
terms of this Agreement shall survive termination. In addition, Tribal Voice or AT&T may, at their sole discretion, terminate this Agreement, the license granted herein, and your right to use or access PowWow, or the Tribal Voice Registration Service at any time. On termination, you must destroy all copies of PowWow. Termination is not an exclusive remedy and all other remedies will be available whether or not the license is terminated.
Export Controls. You shall comply with the U.S. Foreign Corrupt
Practices Act (regarding, among other things, payments to
government officials) and all export laws and restrictions and
regulations of the Department of Commerce, the United States
Department of Treasury Office of Foreign Assets Control ("OFAC"),
or other United States or foreign agency or authority, and agree
not to export, or allow the download, export or re-export of any
Software or portion thereof in violation of any such
restrictions, laws or regulations.
Miscellaneous. In the event of invalidity of any provision of
this license, the parties agree that such invalidity shall not
affect the validity of the remaining portions of this license.
You may not assign your rights or obligations under this
Agreement without the express written consent of Tribal Voice and AT&T.
This Agreement will be governed by the laws of the State of
California. The United Nations Convention on Contracts for the
International Sale of Goods is specifically disclaimed.
Government Use. As defined in FAR section 2.101, PowWow and
its accompanying documentation licensed in this Agreement are
"commercial items" and according to DFAR section
252.227-7014(a)(1) and (5) are deemed to be "commercial computer
software" and "commercial computer software documentation."
Consistent with DFAR section 227.7202 and FAR section 12.212,
any use modification, reproduction, release, performance,
display, or disclosure of such commercial software or commercial
software documentation by the US. Government shall be governed
solely by the terms of this Agreement and shall be prohibited
except to the extent expressly permitted by the terms of this
