Licence Agreement for AOL(R) Instant Messenger(TM) Software
The AOL Instant Messenger software (the "Software") is provided to you free of charge by AOL|7 Pty Limited Online Services ("AOL"), "AS IS," subject to the terms and conditions of this Licence Agreement (the "Agreement").
Please read this Agreement in full before using the Software.
ONLY INDIVIDUALS WHO HAVE AGREED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT MAY USE THE SOFTWARE AND ACCESS THE AOL INSTANT MESSENGER SERVICE (THE "SERVICE").
BY CLICKING BELOW, YOU AGREE TO USE THE SOFTWARE AND SERVICE AS PROVIDED IN THIS AGREEMENT.
1. Limited Licence. Subject to the terms and conditions of this Agreement, AOL grants you a limited, non-exclusive licence to use the Software to access the Service only as an authorised user of such Service.
2. Restrictions on Use. You may not create or use any software other than the Software provided by AOL to enter your screen name and password or to access the Service, without the express written authorisation of AOL. You may not modify, reverse engineer, decompile or disassemble the Software or in any way ascertain, decipher, or obtain the communications protocol for accessing the Service. You may not adapt, alter, modify, translate, or create derivative works of the Software without the express written authorisation of AOL. You may not block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Software and Service. You may not incorporate, integrate or otherwise include the Software or any portion thereof (including the communications protocols) into any software, program or product that communicates, accesses, or otherwise connects with the Service or any other instant messaging, Internet, or online service. You further agree to abide by all laws and regulations in effect regarding your use of the Software and Service and agree to indemnify AOL, its related bodies corporate, its officers, agents, employees and directors for any damages incurred as a result of a violation of this paragraph. Finally, you may not authorise or assist any third party to do any of the things described in this paragraph.
3. Additional Terms. You acknowledge that there may be features or additional services made available on the Service for a fee. If you choose to utilise such features or services, you agree to be bound by any additional terms and conditions governing the use of such features or services.
4. Your Representations. You represent and warrant that you have the adequate legal capacity to enter into this Agreement. You further represent and warrant that you will use the Software only for lawful purposes and in accordance with this Agreement, and that you will not use the Software to violate any law, regulation or ordinance or any right of AOL, its related bodies corporate or any third party, including, without limitation, any right of privacy, publicity, copyright or trade mark.
5. Terms of Use and Privacy Policy. The AOL.com.au Terms of Use and AOL Pprivacy pPolicy (the "AOL Policies") govern your use of this Service. You can view these policies at http://aim.aol.com.au/links/privacy.php. AOL reserves the right to terminate your licence to the Software and your access to the Service without notice, if, in AOL's sole discretion, there has been a violation of the AOL Policies.
6. Termination. Should you breach this Agreement, your right to use the Software shall terminate immediately and without notice. You may also terminate this Agreement by simply discontinuing use of the Software. In the event of any termination of this Agreement, the restrictions on your use of the Software as set forth in Paragraph 2 ("Restrictions on Use") shall survive such termination, and you agree to be bound by those terms.
7. No support by AOL. You understand that you use the Software and Service at your own risk and that AOL provides no assistance or support for your use of the Software or Service.
8. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE SOFTWARE IS (A) FREE OF DEFECTS OR ERRORS, (B) VIRUS FREE, (C) ABLE TO MEET ANY REQUIREMENTS OF YOU OR ANYONE ELSE, (D) ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, (E) MERCHANTABLE, (F) FIT FOR A PARTICULAR PURPOSE OR (G) NON-INFRINGING, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. AOL SHALL HAVE NO LIABILITY WITH RESPECT TO USE OF THE SOFTWARE. TO THE EXTENT PERMITTED BY LAW, LIABILITY UNDER ANY WARRANTY WHICH CANNOT LEGALLY BE EXCLUDED IS LIMITED TO RESUPPLYING THE SOFTWARE OR PAYING THE COST OF THAT RESUPPLY, AT AOLíS OPTION.
9. Limitation of Liability. SUBJECT TO CLAUSE 8, AOL LIMITS ITS LIABILITY FOR BREACH OF THIS AGREEMENT AND ALL LOSS, DAMAGE (INCLUDING ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE), LIABILITY, EXPENSE, COST OR CHARGE SUFFERED OR INCURRED BY YOU IN CONNECTION WITH THE SERVICE OR SOFTWARE (WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER STATUTE) TO THE RESUPPLY OF THE SERVICE OR SOFTWARE WHICH GAVE RISE TO THE LOSS OR DAMAGE OR PAYING THE COST OF THAT RESUPPLY, AT AOLíS OPTION. Neither AOL, its related bodies corporate, its employees, distributors, suppliers, directors, nor agents shall be liable for any indirect, incidental, consequential, special, or exemplary damages, including but not limited to lost profits and lost data, in any way arising out of or relating to this agreement, even in the event such party has been advised as to the possibility of such damages. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, AOL's liability shall be limited to the extent permitted by law.
10. No Trademark Licence. No licence is granted to you in this Agreement, either expressly or implicitly, to use any trademark, service mark, names, or logos of AOL or its related bodies corporatelicensors, including AOL|7, America Online, AOL, AOL Instant Messenger, Instant Messenger, AIM and the Running Man logo. AOL and its licensorís owns all intellectual property in the Software and the proprietary AOL name space database, including but not limited to AOL components and algorithms and access to the Service server complex. All customer data collected through the Service registration process is retained by America Online Inc for and on behalf of AOL.
11. Injunctive Relief. You acknowledge that the Software contains AOL's or its licensorís proprietary and confidential information, and that disclosure of such information or misuse of the Software will give rise to irreparable injury to AOL, inadequately compensable in damages. Accordingly, AOL may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available.
12. Construction. If any part of the Agreement is held invalid or unenforceable, legal or void then it shall be severed and the rest of the Agreement will remain in full force and effect.that portion shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect. The laws of the State of New South Wales, Australia, govern this Agreement, and you submit to the non-exclusive jurisdiction of expressly agree that jurisdiction for any claim or dispute arising from the use of the Software resides in the courts of the State of New South Wales, and of the Commonwealth of Australia.
