e4 Networks SOFTWARE LICENSE AGREEMENT
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
Do not use or load the e4 Chat system and any
associated materials (collectively, the "Software") until
you have carefully read the following terms and conditions. The term
"Software" shall also include any upgrades, modified
versions or updates of the Software licensed to you by e4 Networks.
("e4"). By loading or using the Software, you agree to the
terms of this Agreement. If you do not wish to so agree, do not
install or use the Software.
SPECIAL NOTES. The "Beta"
Software is in preliminary release form and may not be fully functional. The
"Release" Software is fully functional.
LICENSE. You may copy the
Software onto a single computer for your personal, noncommercial use,
and you may make one back-up copy of the Software, subject to these
conditions: 1. You may not copy, modify, rent, sell, distribute or
transfer any part of the Software except as provided in this
Agreement, and you agree to prevent unauthorized copying of the
Software. 2. You may not reverse engineer, decompile, or disassemble
the Software. 3. You may not sublicense or permit simultaneous use of
the Software by more than one user.
OWNERSHIP OF SOFTWARE AND COPYRIGHTS.
Title to all copies of the Software remains with e4 or its
suppliers. The Software is copyrighted and protected by the laws of
the United States and other countries, and international treaty
provisions. You may not remove any copyright notices from the
Software. e4 may make changes to the Software, or to items referenced
therein, at any time without notice, but is not obligated to support
or update the Software. Except as otherwise expressly provided, e4
grants no express or implied right under e4 patents, copyrights,
trademarks, or other intellectual property rights.
EXCLUSION OF WARRANTIES. THE
SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED
WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY. IN
NO EVENT SHALL e4 OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS
INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE, EVEN IF e4 HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR
LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU
MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
TERMINATION OF THIS AGREEMENT.
e4 may terminate this Agreement at any time if you violate its
terms. Upon termination, you will immediately destroy the Software or
return all copies of the Software to e4.
APPLICABLE LAWS. Claims
arising under this Agreement shall be governed by the laws of
California, excluding its principles of conflict of laws and the
United Nations Convention on Contracts for the Sale of Goods. You may
not export the Software in violation of applicable export laws and
regulations. e4 is not obligated under any other agreements unless
they are in writing and signed by an authorized representative of e4.
GOVERNMENT RESTRICTED RIGHTS.
The Software is provided with "RESTRICTED RIGHTS." Use,
duplication, or disclosure by the Government is subject to
restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et
seq. or its successor. Use of the Software by the Government
constitutes acknowledgment of e4s proprietary rights therein.
Contractor or Manufacturer is e4 Networks.