ICQ for the Palm Computing « Platform û version 1.0.2
January 12, 2000
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IMPORTANT NOTICE
Please note that the ICQ Software, as with most Internet applications, is vulnerable to various security issues and hence should be considered unsecured. By using the ICQ Software and the Internet in general, you may be subject to various risks, including among others:
- Exposure to objectionable material and/or parties, including without limitation, contaminated files.
- Unauthorized invasion of your privacy during, or as a result of, your use or another's use of the system.
- Spoofing, eavesdropping, sniffing, spamming, breaking passwords, harassment, fraud, forgery, ôimposturingö, electronic trespassing, tampering, hacking, nuking, system contamination including without limitation use of viruses, worms and Trojan horses causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful.
- Unauthorized exposure of information and material you listed or sent, on or through the ICQ system including via the ICQ Enhanced Email Check feature, to other users, the general public or any other specific entities for which the information and material was not intended by you.
If you do not wish to be subjected to these risks, you are advised not to use the ICQ Software. Furthermore, please do not use the ICQ Software for "Mission Critical" or "Content Sensitive" applications and purposes. For the purpose of this section "Mission Critical" applications and purposes shall mean applications and use that may result in damage; "Content Sensitive" shall mean any information or data you do not wish to be freely accessible and generally available to Internet users.
Also please note that all plugins for ICQ and especially plugins which were not developed and/or provided by ICQ Inc. may be harmful and may cause extreme damage to your system. By downloading, installing, activating or using any plugin for ICQ, you may be subject to various immediate and long-term risks, including without limitation, the risks provided herein. If you do not wish to be subjected to these risks, you are strongly advised not to download or use any plugin for ICQ.
For the ICQ Software's terms of service please review the following license agreement, the privacy policy, the acceptable use policy, usage notices, tools notices and any other terms of service document available on or through http://www.icq.com/legal/.
European Union ICQ users understand and consent to the processing of personal information in the United States.
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This software is being licensed to you by ICQ Inc. in A TIME LIMITED FREE BETA VERSION ONLY ("Software") and is provided on an "AS IS" basis, for your private personal use only. This agreement and the applicable ICQ Terms of Service documents available on or through http://www.icq.com/legal/, including the ICQ Privacy Policy, the ICQ Acceptable Use Policy, the ICQ Usage Notices and any other applicable terms of service document available therein (together with this agreement referred to herein as ôICQ Terms of Serviceö) shall apply to any use of any application, software or program created or made available by ICQ Inc. and shall also apply, subject to any modification, to any use or distribution of any software application that relies on, is supported by or utilizes, to any extent directly or indirectly, for its operation, the ICQ Software, the ICQ network, system, Web site, servers, various directories and listings, various message and news boards, tools, information and databases or any part thereof (together with applications created or made available by ICQ Inc. referred to herein as "ICQ Applications"). In case of contradiction between a provision of the terms of use document dedicated solely to such ICQ Applications and any provision in this agreement or in any of the ICQ Terms of Service documents available on or through http://www.icq.com/legal/, the provision of the specific term of use document shall prevail, unless the provision in this agreement or in any of the ICQ Terms of Service documents reflects narrower responsibility on behalf of ICQ Inc. than the appropriate provision in the specific term of use document. Any reference made in this agreement to ICQ Inc. shall be deemed to have been made to ICQ Inc., its subsidiaries, successors, assignees, affiliates as well as any company that controls ICQ Inc., directly or indirectly, and any other subsidiary of that controlling company. You agree not to extract information from the ICQ directories and databases, reverse engineer, decompile, disassemble, alter, duplicate, make copies, create derivative works from, distribute or provide others with the ICQ software, the ICQ communications protocol or any information available on, derived or extracted from the ICQ directories and databases or any part thereof. Additionally, you may not use this Software on more than one computer.
By accepting the terms of this license agreement you agree that ICQ Inc. is permitted to limit, deny, create different priorities to different users, or cancel some or all of the functionality of this Software at any time, without prior notice. As part of this Software, ICQ Inc. is granting you limited access to the ICQ network, system, Web site, servers, ICQ Applications, various directories and listings, various message and news boards, tools, plugins for ICQ, information and databases, Commercial Activities related thereto or any part thereof (together with the ICQ software or any part thereof collectively referred to herein as the "ICQ Services and Information"). The ICQ Services and Information or any part thereof, may also be accessible by other software applications and may be published on the ICQ Web site, its servers, including various ICQ directories and listings. ICQ Inc. makes no warranties or guarantees as to the availability or reliability of the ICQ Services and Information to you or to any other user. The Software, the ICQ Services and Information functionality or any part thereof including without limitation, the access to the ICQ Services and Information granted to you or to any other user and/or the availability and functionality of any ICQ feature and function, including without limitation plugins for ICQ developed by ICQ Inc. or by third parties, may be changed, limited or terminated at any time, temporarily or permanently, without prior notice, for any reason or no reason by ICQ Inc. in its sole discretion (ôChanges of Functionalityö). ICQ Inc. may elect to, but is not obligated to, introduce or grant different grades of service and listings policies, different levels of access or no access at all and different priorities to different users or to different functions, or to users of different versions of the Software and the ICQ Services and Information, or introduce new features in this or in future versions of the Software and the ICQ Services and Information that may cause functionality change, limitation or termination of the functionality of features in earlier versions still in use, including functionality changes in privacy and security features (ôGrant of Different Servicesö), at any time without prior notice, at its sole discretion. You agree to bear the risks of and hold ICQ Inc. harmless for any and all effects that the Changes of Functionality and Grant of Different Services may have on your ability to use the Software and the ICQ Services and Information, in whole or in part, for communicating with third parties or their ability to communicate with you. ICQ Inc. may elect in its sole discretion to condition the continuation of access to the ICQ Services and Information, on your accepting software improvements, corrections, adaptations, conversions to more recent Software versions or any other changes to the ICQ Software, the ICQ Services and Information, the ICQ numbers or to a revised or new ICQ Terms of Service.. ICQ Inc. may at any time cancel, change, hold, de-list, introduce different options and features to different users or refrain from publishing ICQ numbers or any other details of the users listed on the various ICQ directories and listings.
By using the Software, the ICQ Services and Information or any part thereof, you agree to and acknowledge the following: 1) The details you elected to post on the various ICQ directories, during the registration procedure or thereafter, including during use of the ICQ Services and Information, are generally available and freely accessible to Internet users and the public, unless explicitly stated otherwise; Any later addition to such details or any amendment thereto may not be immediately visible to all users (e.g. users who already have your account on their contact list will be required to press ôRetrieveö in order to view the new or revised details or information you have entered); 2) Unless explicitly stated otherwise the information entered or posted, through the Software, through the Web or through the ICQ Services and Information, including without limitation, on the ICQ info templates-whitepages and other directories, during registration or thereafter, on the various ICQ message and news boards, the ICQ ActiveLists, as well as status indication and other userÆs parameters that can be found using the Software or the Web (ôPublic Informationö), may be available to the public. Public Information shall not include information meant to be sent through the ICQ network to a specific ICQ UserÆs Software, unless subsequently provided to ICQ Inc.; 3) Settings, technical and other information from your computer, such as your operating system, ICQ and browser versions, connectivity, various communication parameters and other information related to the operation and interaction of the ICQ Software ("Parameters") may be collected by ICQ, Inc., subject to the provisions herein. Parameters are collected solely in order to provide you with, or access to, the ICQ Services and Information, subject to the provisions herein. 4) ICQ Inc. gathers information and usage patterns related to your use of the Software, and the ICQ Services and Information (ôUsage Patternsö) - to better understand how our users, as a group, use the ICQ Services and Information and the various features thereof, as well as to help us fit offerings to you as an individual and to conduct market research; 5) Various data may be used for commercial purposes, including without limitation, for advertising, targeted advertising, marketing, co-registration to other services, promotional or any other activity ("Commercial Activities"), subject to the provisions herein; 6) ICQ Inc. may use, for Commercial Activities: (a) the Parameters, Public Information and Usage Patterns or any part thereof, combined or separately (the "Data"); (b) the Data or any part thereof, combined with publicly available information, or information provided by third parties; provided that if any information other than Public Information is being used by ICQ Inc. or disclosed to third parties for use by them in Commercial Activities, it will be done without user names, or if names are part of the disclosed information, (i) you have consented to such disclosing of your name or (ii) in the first time you are approached by ICQ Inc. or the third parties, you will be given the opportunity to request not to be further approached by them; 7) You shall not use or rely on the ICQ Software, the various ICQ directories and listings, ICQ Web site, the ICQ Services and Information or any other program, information or service whatsoever related thereto for "Mission Critical" or "Content Sensitive" applications and use. For the purpose of this agreement "Mission Critical" applications and use shall mean applications and use that may result in damage; "Content Sensitive" shall mean any information or data you do not wish to be freely accessible and generally available to Internet users.
Unless produced by ICQ Inc., the information you access or receive by using the ICQ Software, the ICQ Services and Information, the various ICQ directories and listings, or information sent to you by other users, is provided, by the users, and entered or posted by them, and is not reviewed, controlled, examined, verified or endorsed by ICQ Inc. in any way. By using the ICQ Software, and the ICQ Services and Information you agree to 1) Determine whether the information complies with your needs; 2) Ensure that you have adequate legal rights to store, reproduce or otherwise make use of information in the manner used by you; 3) Comply with any legal obligations, including but not limited to, obligations imposed by copyright, trade secrets, defamation, decency, privacy, security and export laws and any other applicable laws.
ICQ Inc. is not responsible for any information, including without limitation, online and offline messages and other forms of interpersonal communications available on or through the ICQ Services and Information, usersÆ personal data, user posted Web site material, usersÆ whitepages postings, submitted on or through the Software and the ICQ Services and Information or residing on the ICQ servers. ICQ Inc. may erase, remove, delete, delay, jam or alter such information without prior notice, for functional or any other reason.
The ICQ Software contains features that may link you or provide you with certain reference and functionality to third partiesÆ Web sites, directories, servers or services (ôServicesö). These features are provided by ICQ Inc. only as a convenience. The Services are not reviewed, controlled or examined by ICQ Inc. in any way and ICQ Inc. is not responsible for the contents of any such Services, or any link contained therein. The offering of these features does not imply endorsement of the Services by ICQ Inc. It is your sole responsibility to comply with the appropriate terms of services of these Services you chose to access using these features, as well as with any other obligation under copyright, trade secrets, defamation, decency, privacy, security and export laws and any other applicable laws. In no event shall ICQ Inc. be liable to anyone for any damage arising from or occasioned by the creation or use of the third partiesÆ Services or the information or material accessed through these Services. ICQ Inc. reserves the exclusive right and sole discretion to add, change, decline disable or remove, without notice, any feature, access or link to any of the Services from the ICQ Software and/or to introduce different features, access or links to different users. In addition, ICQ Inc. does not endorse any service or product that may be offered by any third party that is advertising through the ICQ Services and Information.
ICQ Inc. does not want to receive any confidential, secret or proprietary information and material from you through the ICQ Web site, ICQ Inc.Æs mail and e-mail addresses, the ICQ Services and Information or in any other way. ANY INFORMATION OR MATERIAL SUBMITTED OR SENT TO ICQ INC., EXCLUDING PRIVATE COMMUNICATIONS BETWEEN A USER AND OTHER USERS THAT ARE NOT SUBSEQUENTLY MADE AVAILABLE TO ICQ INC. WILL BE DEEMED NOT TO BE CONFIDENTIAL OR SECRET. By submitting or sending documents, information or other material (ôMaterialö) to ICQ Inc. or by posting information entered on the various ICQ directories and tools and messages on the ICQ message boards you (1) warrant that you have no rights of any kind to the Material; that to the best of your knowledge no other party has any rights to the Material; (2) grant ICQ Inc. an unrestricted, perpetual, irrevocable license to use, reproduce, display, perform, adapt, modify, transmit and distribute the Material in all media, and you further agree that ICQ Inc. is free to use any ideas, know-how, concepts, techniques or other materials you send us for any purpose.
THE ICQ SERVICES AND INFORMATION AND THE VARIOUS ICQ DIRECTORIES, LISTINGS AND DATABASES INFORMATION IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
ICQ INC. MAKES NO AND HEREBY SPECIFICALLY DISCLAIMA ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE ICQ SOFTWARE, THE ICQ SERVICES AND INFORMATION, THE ICQ NETWORK SERVERSÆ SOFTWARE OR ANY KIND OF INFORMATION SENT, DELIVERED OR RECEIVED BY USERS ON OR THROUGH THE ICQ SOFTWARE, SERVERSÆ SOFTWARE, THE WEB SITE, THE ICQ SERVICES AND INFORMATION OR THE VARIOUS ICQ DIRECTORIES AND LISTINGS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. ICQ INC. DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE ICQ SOFTWARE, THE ICQ SERVICES AND INFORMATION, THE SERVICE AND THE ACCESS TO THE SERVERS, OR THE INFORMATION PROVIDED BY THE VARIOUS ICQ DIRECTORIES, LISTINGS AND DATABASES IN TERMS OF THE ACCURACY, RELIABILITY, QUALITY, VALIDITY, STABILITY, COMPLETENESS, CURRENTNESS, OR OTHERWISE OF THEIR CONTENTS OR PRODUCTS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE, THE ICQ SERVICES AND INFORMATION AND ACCESS TO THE SERVERS OR THE VARIOUS ICQ DIRECTORIES AND LISTINGS DATA, IS ASSUMED BY YOU.
ICQ Inc. does not warrant or guarantee that the ICQ Services and Information and the functions or services performed by ICQ Inc. will be uninterrupted or error-free or that defects in the Software and the ICQ Services and Information will be corrected. ICQ Inc. does not warrant or guarantee that all Software versions shall be provided with similar grades and level of service, features, functionality and the ability to use, the Software or the ICQ Services and information. ICQ Inc. does not warrant or guarantee 1) that any program or information will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; 2) that the information available on or through the ICQ Services and Information will not contain adult-oriented material, or material which some individuals may deem objectionable; or 3) that the functions or services performed by ICQ Inc. will be uninterrupted or error-free or that defects in the Software and the ICQ Services and Information will be corrected. It is your sole responsibility to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage your information or system.
You acknowledge that you are aware of security and privacy limitations including but not restricted to (1) the limitation of security, privacy and authentication measures and features in the ICQ Services and Information; (2) that data and information on the ICQ Services and Information may be subject to eavesdropping, sniffing, spoofing, forgery, spamming, ôimposturingö, tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, nuking, system contamination including without limitation, viruses, worms, Trojan horses, causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer or other security or privacy hazards or may not reach its destination or reach an erroneous address or recipient; (3) By activating the ôMy HomePageö feature and/or the ICQ ActiveList server software, you may provide third parties with certain limited remote access to certain files on your computer. Activating these features increases the risk that third parties will be able to tamper with your computer; (4) By joining an ICQ ActiveList you may be subject to various security and privacy risks, including among others, increasing the risk that your IP address and port number will be revealed by the owner, administrators, members, guests and other participants of such an ICQ ActiveList as well as other users.
ICQ Inc. is not responsible for any special, incidental, indirect or consequential damages. In no event will ICQ Inc.'s liability with respect to this license agreement exceed the amount you paid (if you paid) to ICQ Inc. for the Software or of the charge of one-month fee for using the serversÆ service. In no event shall ICQ Inc. be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information. ICQ Inc. will not be responsible if any information infects or contaminates a user's system or information. The entire risk as to the quality and performance of ICQ Inc.Æs service, the ICQ Software and the ICQ Services and Information and the accuracy, adequacy, completeness, correctness, validity and quality thereof or of any other information is with the user.
For convenience purposes this Software may have been provided to you on a free CD-ROM, or otherwise bundled with other equipment, products or services. You acknowledge that no payment was made by you for the CD-ROM, and if payments were made, they are made for the products and services and not for the CD-ROM and Software.
IN NO EVENT WILL ICQ INC. BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE ICQ SOFTWARE, THE ICQ NETWORK, THE ICQ SERVICES AND INFORMATION, VARIOUS DIRECTORIES AND LISTINGS OR ANY OTHER 'INFORMATION', EVEN IF ICQ INC. SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ICQ INC.ÆS LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
By using any link or bookmark in this Software that will lead you to ICQÆs Web site (at www.icq.com( or by entering the ICQ Websites, you acknowledge and agree to the terms of service of these sites, available on or through www.icq.com/legal/.
Please note that by using the Software and/or any of the ICQ Services and Information, you acknowledge that you are bound by and subject to the provisions of the ICQ Terms of Service available on or through http://www.icq.com/legal/. In case of contradiction between any provision of the license agreement and any provision in any of the ICQ Terms of Service documents, the provision of the license agreement shall prevail, unless the provision in the ICQ Terms of Service document reflects narrower responsibility on behalf of ICQ Inc. than the appropriate provision in the license agreement.
You agree that this agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this agreement. You also understand and agree that the ICQ Terms of Service, including ICQ Inc.Æs enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person other than ICQ Inc..
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
ICQ Inc. may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this agreement.
ICQ Inc. may change, from time to time, the ICQ Terms of Service with or without a release of a new version of the ICQ Software. By continuing to use the Software and/or the ICQ Services and Information, for a period of 30 days after such notice has been provided on the ICQ network or Web site for the first time, you signify your consent to the new or revised set of the ICQ Terms of Service. Subject to the foregoing, you further agree to be bound by the provisions of the license agreement available on the ICQ Web site at http://www.icq.com/legal/, if such license is marked with a more recent date than that on the license agreement that accompanies your Software.
You acknowledge that the various notes, notices and warnings available on the Software and the ICQ Services and Information, are provided as a convenience only. The inclusion of such notes does not constitute an obligation on ICQ Inc. to provide such notes, notices and warnings in other places or features of the Software and the ICQ Services and Information.
If you are a citizen of the USA, then the laws of the Commonwealth of Virginia, excluding its conflicts-of-law rules, shall govern this agreement. Please note that your use of the Software as well as the ICQ Services and Information may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with ICQ Inc. or relating in any way to your use of the ICQ Software and the ICQ Services and Information resides in the courts of Virginia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Virginia in connection with any such dispute including any claim involving ICQ Inc. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
If you are not a citizen of the USA, then the laws of the State of Israel, excluding its conflicts-of-law rules, shall govern this agreement. Please note that your use of the Software as well as the ICQ Services and Information may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with ICQ Inc. or relating in any way to your use of the ICQ Software and the ICQ Services and Information resides in the courts of Tel Aviv and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Tel Aviv in connection with any such dispute including any claim involving ICQ Inc. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. The above assurance and commitment as well as all warranties, representations, indemnity clauses and restrictions contained in this agreement and in the ICQ Terms of Service, shall survive termination of this agreement.
You agree to abide by U.S. and other applicable export control laws and not to export, re-export or otherwise transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws or to any person to whom exports, re-exports or transfers are prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to ICQ Inc. any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
