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License Agreement for AOL
®
Instant Messenger ™ Service
The AOL Instant Messenger service (the “Service”) is provided to you by
AOL, “AS IS,” subject to the terms and conditions of this License
Agreement (the “Agreement”). Please read this Agreement in full before
using the Service. ONLY INDIVIDUALS WHO HAVE AGREED TO THE
TERMS AND CONDITIONS OF THIS AGREEMENT MAY ACCESS THE
AOL INSTANT MESSENGER SERVICE.
BY YOUR USE OF THE AOL INSTANT MESSENGER SERVICE, YOU
AGREE TO USE THE AOL INSTANT MESSENGER SOFTWARE (THE
“SOFTWARE”) AND SERVICE AS PROVIDED IN THIS AGREEMENT.
1. Limited License
. AOL grants you a limited, non-exclusive license to use
the Software solely for the specified platform to access the Service.
2. Restrictions on Use
. You may not create or use any software other than
the Software provided by AOL to access the Service, without the express
written authorization 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 authorization 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 into any
software, program or product that communicates, access, or otherwise
connects with any other instant messaging, Internet service, or online
service. Finally, you may not authorize or assist any third party to do any
of the things described in this paragraph.
3. Your Representations
. You represent and warrant that you will use the
Software and Service only for lawful purposes and in accordance with this
Agreement, and that you will not use the Software or the Service to violate
any law, regulation or ordinance or any right of AOL or any third party,
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including, without limitation, any right of privacy, publicity, copyright or
trademark.
4. Charges
. Please consult your rate plan and agreement with your
service provider to determine if the Service is included in your rate plan,
or if other charges may apply.
5. Termination
. Should you breach this Agreement, your right to use the
Software and the Service shall terminate immediately and without notice.
You may also terminate this Agreement by simply discontinuing use of the
Software and the Service. In the event of any termination of this
Agreement, the restrictions on your use of the Software and Service as
set forth in Paragraph 2 (“Restrictions on Use”) shall survive such
termination, and you agree to be bound by those terms.
6. No Support by AOL
. You understand that you use the Software and the
Service at your own risk and provides no assistance or support for your
use of the Software or the Service.
7. Disclaimer of Warranty
. THE SOFTWARE AND THE SERVICE ARE
PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
WARRANTIES THAT THE SOFTWARE AND THE SERVICE ARE (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 OR THE SERVICE.
8. Limitation of Liability
. NEITHER AOL, 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 STATES OR JURISDICTIONS DO
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