End user agreement for CustomChat Server
SOFTWARE LICENSE AGREEMENT
Created and produced by CustomChat, Inc.
(c) Copyright 1997 - 2003 Chatalot, Inc. All rights reserved.
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT IN ITS ENTIRETY
This Software Agreement (the "Agreement") is a legal agreement between you, the user, and CustomChat, Inc. (CustomChat). By installing the CustomChat Server program, by loading or running the program, or by placing or copying the program onto your computer hard drive, you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement then please do not install and destroy or delete all copies of the program.
1. Grant of License
CustomChat grants to you the right to use the CustomChat Server
software program (the "Software"). For purposes of this section, use
means loading the Software into RAM, as well as installation on a hard disk or
other storage device. You shall not: modify, translate, disassemble,
decompile, reverse engineer, or create derivative works based on the Software.
You shall not: rent, lease, sell, distribute for money or other consideration,
2. Commercial Use is Prohibited.
Under no circumstances shall you, the end user, be permitted, allowed, or
authorized to commercially exploit the Software in any manner.
The Software is owned by CustomChat and is protected by international copyright laws and international treaty provisions. Your license confers no title or ownership in the Software and is not a transfer of rights in the Software. You must treat the Software like any other copyright material. You may not charge or receive any consideration from any other person for the receipt or use of the Software. You agree to ensure that any user of the Software licensed hereunder complies with this Agreement.
THE SOFTWARE IS PROVIDED AS IS. CUSTOMCHAT DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. CUSTOMCHAT DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR MEET ANY SPECIFIC REQUIREMENTS.
THE AGENTS, EMPLOYEES, AND/OR DISTRIBUTORS OF CUSTOMCHAT ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY, OR ANY ADDITIONAL WARRANTIES ON BEHALF OF CUSTOMCHAT. ADDITIONAL STATEMENTS OR REPRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY CUSTOMCHAT AND SHOULD NOT BE RELIED UPON.
IN NO EVENT SHALL CUSTOMCHAT OR ITS AGENTS, EMPLOYEES, AND/OR DISTRIBUTORS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFIT, LOST DATA, OR DOWNTIME COSTS), OR OTHER DAMAGES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE EVEN IF CUSTOMCHAT OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
In no case shall Chatalot's liability exceed the amount of the license fee.
By loading or using the Software you accept sole responsibility for all consequences arising therefrom and confirm that no claim whatsoever will be made against CustomChat or its distributors, agents or associates.
The aforementioned limitation of liability shall not apply in the case of intentional acts or omissions of CustomChat or in the case that liability is mandatory, e.g. with regard to the European Product Liability Directive and its local laws.
Chatalot may elect to terminate this Agreement at any time in the event you breach any of the terms of this Agreement. In the event of any such termination, you shall immediately remove all copies of the Software from your hard disk or other storage device, and if requested by Chatalot, provide documentation of such removal.
6. Export Requirements
You may not export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations. Without limiting the generality of the foregoing, you may not download or otherwise export or re-export the Software (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (2) to anyone on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Commerce Department's Table or Denial Order.
7. General Provisions
Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed, except as described herein. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the
other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws provisions.
THIS LICENSE WILL BE AUTOMATICALLY TERMINATED UPON FAILURE TO COMPLY WITH ALL TERMS SET FORTH HEREIN. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS
AGREEMENT, AND UNDERSTAND THAT BY PROCEEDING WITH THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN CUSTOMCHAT, INC. AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE
STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.
THIS AGREEMENT SUPERCEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN CUSTOMCHAT AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.