End user agreement for Raketu
IMPORTANT ITEMS OF THE "RAKETU" END USER LICENCE AGREEMENT
By clicking the ACCEPT button and using Raketu, You, the user of Raketu, are entering into a binding agreement with Raketu Communications Inc., the creators, owners and copyright holders of Raketu.
No Emergency Call Facilities: Raketu does not offer or support emergency calling facilities with its communication services.
Not for use Everywhere: Certain jurisdictions may forbid the use of internet-based communications or may restrict the use of such applications and services based on minimum age requirements. Should you reside in such a jurisdiction or not meet minimum age requirements you must not download or use Raketu software and services. By accepting this Agreement you confirm that you are legally able to use internet-based communications within the jurisdiction that You reside.
ALSO SEE GNU GENERAL PUBLIC LICENSE
(applicable to some portions of the Multi-Messenger Program)
Copyright (C) 2006 Raketu Communications Inc.
Portions of Raketu - RakOut - based on SIPFoundry
Copyright (C) 2005 SIPfoundry Inc.
Licensed by SIPfoundry under the LGPL license.
Copyright (C) 2005 Pingtel Corp.
Licensed to SIPfoundry under a Contributor Agreement.
RAKETU END USER LICENSE AGREEMENT
In this End User License Agreement (EULA) the following definitions apply to capitalized words.
a) You, Your - means you the user of Raketu, an individual (not a corporation or business).
b)RakID - means the unique login user identification available that You select to identify You as a user of Raketu.
c)Raketu - means the software application named Raketu, created by Raketu Communications Inc. and the services offered.
d)Paid Services - means services requiring payment by You in order to use or receive from Raketu according to the current pricing offered by Raketu Communications Inc. from time to time as published on the Raketu website.
e)Raketu - means Raketu Communications Inc.
Raketu grants You a license to use Raketu for personal use only. Raketu may not be resold, sublicensed or assigned to other people or businesses.
a) Raketu software is made available by Raketu without charge to enable You to utilize Raketu's free and purchased internet communications services and other services as released from time to time by Raketu.
b) Raketu reserves the right, in its sole discretion to terminate the license to You, without notice, by either revoking your access to Raketu or services provided. (See Article 9 Termination).
3) Acceptable Use
a) You may not use Raketu for any illegal purpose, or use Raketu in such a way that contravenes any internationally accepted laws, or laws applicable to the jurisdiction where You reside or visit.
b) You may not, without limitation (i) intercept or monitor, damage or modify any communication which is not intended for You, (ii) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble Raketu or the communication, or (iii) send any unsolicited commercial communication not permitted by applicable law.
c)You may not use Raketu for any purpose that is considered to be in poor taste or is hurtful to others.
d) You may not resell Raketu software or services in any manner including Paid Services.
4) Free Communications and Other Services
a) Downloading and installing Raketu enables You to communicate with other Raketu users and access to other free services and features.
b)Internet communications provided by Raketu are subject to the general network conditions present on the internet and specific network conditions at each users connection to the internet. Furthermore user performance is dependent on Your computer and its software, and other user environmental conditions present such as electrical power sources to run Your computer. These conditions are beyond the control of Raketu.
c)Raketu provides no warranties that You will always be able to communicate with other Raketu users, nor can Raketu guarantee that You can communicate without disruptions, delays or other communication-related flaws. Raketu will not be liable for any such disruptions, delays or other omissions in any communication experienced when using Raketu.
d)Raketu assumes no liability for offensive, indecent or otherwise objectionable communications that may be received by You from other users of Raketu or from any other outside sources.
e)You expressly agree and understand that Raketu services do not support emergency services or direct access to emergency service providers. Raketu, its affiliates and staff are in no way liable for You not being able to access emergency services through Raketu.
5) Paid Services
This EULA applies to downloading, installing and using Raketu, free of charge - from your computer or from the computer of other Raketu users. Upon the commencement of use of paid services You agree to be bound by the additional Terms of Service agreement published on the Raketu website from time to time.
6) New Versions of Raketu
a) Raketu, in its sole discretion, reserves the right to provide new versions of Raketu to improve application functionality, correct errors, and enhance or discontinue certain services. In order to download and install new versions of Raketu You may be required to enter into a new or renewed version of this EULA.
b) You acknowledge and agree that Raketu has no obligation to notify or make available to You new versions of Raketu.
c) You acknowledge and agree that some or all features of Raketu may be discontinued at the sole discretion of Raketu, or may require upgrade to a new version of Raketu for continuation of service.
7) Protection of Your Privacy
8) Intellectual Property Rights
a) Raketu claims full intellectual property rights to Raketu and they shall remain the exclusive property of Raketu and its licensors or assigns. Nothing in this EULA intends to transfer any intellectual property rights to You.
b) You agree that You will not remove, obscure, make illegible or alter any notices or indications of the intellectual property rights of Raketu, owned by Raketu.
9) Term and Termination
This EULA will be effective as of the date you accept this agreement and will remain effective until terminated by either Raketu or You as set forth below.
a) Raketu may terminate this EULA at any time, with or without cause, by providing notice to You and/or by preventing Your access to Raketu.
b) You may terminate this EULA at any time by uninstalling Raketu and ceasing to use it's services.
c) You acknowledge and agree that your RakID may not be available for future use should you decide to terminate this EULA.
d) In the event that Raketu terminates your Raketu service in due to a violation of acceptable use policies in accordance with Article 3 of this EULA, or for any other reason, any credit remaining in Your account for Paid Services may be subject to reasonable account cancellation charges related to the termination of Your account in addition to normal posted fees and charges on the Raketu website from time to time.
10) Your Representations and Warranties - Indemnification of Raketu
a) You represent and warrant that You are authorized to enter into this EULA and comply with its terms. Furthermore, You represent and warrant that You will at all times meet with Your obligations in this EULA, as well as any and all laws, regulations and policies that may apply to the use of Raketu.
b) You agree to indemnify, defend and hold Raketu and its directors, officers and staff harmless from and against any and all liability and costs, including reasonable legal fees incurred by said parties, in connection with or arising out of Your (i) violation or breach of any term of this EULA or any applicable law, regulation, policy or guideline, whether or not referenced herein, or (ii) violation of any rights of any third party, or (iii) use or misuse of Raketu, or (iv) communication spread by means of Raketu.
11) Disclaimer of Warranties
a) Raketu is provided as is, with no warranties whatsoever.
b) Raketu does not, either expressed, implied or statutory, make any warranties, claims or representations with respect to Raketu, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for use or a particular purpose.
c) Raketu further does not represent or warrant that Raketu will always be available, accessible, uninterrupted, timely, secure, accurate, complete, and error-free or will operate without packet loss, nor does Raketu warrant any connection to or transmission from the internet, or any quality of calls made through Raketu.
d) You acknowledge and agree that the entire risk arising out of the use or performance of Raketu remains with You, to the maximum extent permitted by law.
e) As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You.
12) Limitation of Liability
a) Raketu is being provided to You free of charge. Accordingly, you acknowledge and agree that Raketu and its directors, officers and staff will have no liability in connection with or arising from your use of Raketu, as set forth below.
b) In no event shall Raketu and its directors, officers and staff be liable, whether in contract, warranty, tort (including negligence), product liability or any other form of liability, for any indirect, incidental, special or consequential damages (including without limitation any loss of data, interruption, computer failure or pecuniary loss) arising out of the use or inability to use Raketu, even if Raketu has been advised of the possibility of such damages.
c) Your only right or remedy with respect to any problems or dissatisfaction with Raketu is to uninstall and cease use of Raketu.
d) As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to you.
a) Raketu reserves the right to modify this EULA from time to time by providing such revised EULA to You. By continuing to use Raketu you indicate your acceptance to be bound by the terms and conditions of the revised EULA.
b) The terms and conditions of this EULA form the entire agreement between You and Raketu with respect to the use of Raketu and will supersede and replace all prior understandings and agreements, in whatever form, regarding Raketu.
c) Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of this EULA shall nonetheless remain in full force and effect.
d) You acknowledge and agree that Raketu may, at its sole discretion, assign this EULA or any rights hereunder to any affiliate of Raketu, without giving prior notice.
e) This EULA shall be governed by and construed in accordance with the laws of the United States of America.
f) BY CLICKING THE ACCEPT BUTTON AND USING RAKETU You expressly acknowledge that You have read this EULA and understand the rights, obligations, terms and conditions set out in this EULA.
© Raketu Communications Inc. - Last revised: June 1, 2007.