QIP Infium/EULA
From JaWiki (Jabber/XMPP wiki)
QIP End User License Agreement
October 31, 2005
This End User License Agreement ("EULA") is a legal agreement between
you (either an individual or a single entity) and the Author of QIP.
Please note that this EULA limits the Author of QIP's liability and the Author
of QIP does not provide warranties for the performance and functionality of
QIP. This EULA also limits your remedies.
QIP is intended for general audiences. You represent and warrant that you
have adequate legal capacity to enter into binding agreements such as
these Terms of Service. Note that the QIP is NOT for use by children
under 13 years of age. You represent and warrant that you are at least 13
years old.
Please read this EULA carefully and be sure that you understand it.
You must review and either accept or reject the terms of this EULA before
installing or using QIP. By clicking the "I ACCEPT" button or "I AGREE"
button or installing or using QIP, you acknowledge that you have read all
of the terms and conditions of this EULA, understand them and agree to
be legally bound by them. If you do not wish to be bound by this EULA,
you may DISCONTINUE using QIP. YOU CANNOT USE QIP UNTIL YOU
HAVE ACCEPTED THIS EULA.
This EULA shall apply to any use of any version of QIP, if any QIP EULA is
not marked with a more recent date than this EULA.
THE CONCEPT OF QIP. QIP is an unique closed source computer
program for immediate cross-Internet communication. QIP is created and
developed by the Author of QIP and first released in April 2005. The
acronym QIP stands for "QUIET INTERNET PAGER".
You understand that QIP may not be consistent across all platforms and
devices and some features offered by QIP may vary depending on your
computer and other equipment. Versions of QIP exist for PCs only.
The BASIC FUNCTIONALITY of QIP enables its users to see who else is
online and available and then easily contact them with text messages in
real time sent through a public server. There are many more features in
QIP catering to the very basic needs of people to interact.
QIP supports enabling a file transfer feature. The Author of QIP considers
that peer-to-peer way of communicating jeopardizes the security of the
communication. In a sense not peer-to-peer way of communicating has
proven to be more secure than peer-to-peer way of communicating. You
acknowledge that, as with most Internet applications, there are certain
risks associated with accepting or downloading files through QIP. Such
risks include but are not limited to (1) damage to your computer, (2)
damage to any data or files stored on your computer, (3) other users
viewing your IP address, and (4) files you share with other users being
redistributed and used without your knowledge. If you do not wish to be
subjected to these risks, you are advised not to enable and use the file
transfer feature.
The Author of QIP appeals for enabling users of different networks to
interoperate. The Author of QIP takes into consideration the fact that some
THIRD PARTIES have taken it upon themselves to develop and host their
own networks and servers operating under the supported by QIP protocol
for immediate cross-Internet communication or an alternative protocol. The
Author of QIP hopes that those THIRD PARTIES will convince enough of
the immediate cross-Internet communication clients-using community to
switch the preferences in their client software to utilize these new server
addresses. Thus those THIRD PARTIES could move a rather large
segment of people off of some large companies' networks, thus causing
those large companies to rethink their strategy and potentially forcing them
to link their networks to these public networks and servers.
QIP is designed to be a successful solution that enables its users to
efficiently deploy immediate cross-Internet communication, and most
importantly to connect to public servers for immediate cross-Internet
communication which are developed and hosted by THIRD PARTIES
who share the idea of enabling users of different networks to interoperate.
TRANSLATION. The Author of QIP may offer localized and translated
versions of QIP or of this EULA. The Author of QIP is not necessarily the
author of the translation.
You are aware that any non-English text provided, whether during the
installation process, in any of the QIP dialogs is a translation of the original
English text, and is provided for convenience only. The translated text may
be incomplete or inaccurate. The Author of QIP does not warrant or
guarantee the accuracy, correctness or completeness of the translation. In
the event of any inconsistency between the translated text and the original
English text, the English text shall prevail.
OWNERSHIP. QIP is licensed, not sold. You acknowledge that QIP is the
property of the Author of QIP. Title to each copy of QIP and all related
intellectual property rights embodied in or represented by QIP will remain
with the Author of QIP at all times, as will all other rights not explicitly
granted to you under this EULA.
LICENSE GRANT. This EULA grants you the following rights, free of
charge:
(a) The Author of QIP grants you a perpetual, personal, non-exclusive,
non-transferable limited license to install and use QIP in object code form
on any computer or device from which you wish to access the public
servers developed and hosted by THIRD PARTIES who share the idea of
enabling users of different networks to interoperate, and to use QIP for the
sole and exclusive purposes of connecting to and using the above
mentioned servers in accordance with this EULA.
QIP is provided to you on an "AS IS" basis, for your private personal use
only, subject to the terms and conditions of this EULA.
(b) You grant the Author of QIP an unrestricted, royalty-free right to use all
feedback you report to the Author of QIP. Any comments or materials sent
to the Author of QIP including feedback data, such as questions,
comments, suggestions, or the like regarding QIP (collectively
"Feedback"), will be deemed to be non-confidential. The Author of QIP will
have no obligation of any kind with respect to Feedback and will be free to
reproduce, use, disclose, exhibit, display, transform, create derivative
works, and distribute the Feedback to others without limitation. Further, the
Author of QIP will be free to use any ideas, concepts, know-how or
techniques contained in Feedback for any purpose, including but not
limited to correcting and/or enhancing QIP.
RESTRICTIONS AND LIMITATIONS. You agree to comply with the
following restrictions and limitations:
You may not sub-license, or charge others to use QIP without first
obtaining written permission from the Author of QIP. You may not sell,
assign, grant a security interest in or otherwise transfer any right in QIP or
incorporate it (or any portion of it) into another product. You may not
translate, reverse-engineer or reverse-compile or decompile, disassemble,
make derivative works from, or otherwise attempt to discover any source
code in QIP. You may not modify QIP or use it in any way not expressly
authorized by these EULA. You may not obtain the communications
protocol used by QIP for accessing the above mentioned servers or any
other servers. You may not alter or remove any copyright, trademark,
patent, or other protective notices contained in or on QIP.
You further agree to abide by all laws and regulations in effect regarding
your use of QIP, and you agree to indemnify the Author of QIP for any
damages incurred as a result of a violation of this section.
You may not authorize or assist any third party to do any of the things
described in this paragraph.
QIP will NOT automatically update and upgrade itself when it is launched,
if an upgrade or update of QIP is available. You may continue, if
technically possible, to use prior versions of QIP after QIP is updated or
upgraded.
ACCEPTABLE USE. The Author of QIP strongly believes in people
communication and in the freedom of expression as long as legal or moral
accepted standards are not crossed.
You represent and warrant that you will use QIP ONLY FOR LAWFUL
PURPOSES and in accordance with this EULA, and that you will not use
QIP to violate any law, regulation or ordinance or any right of the Author of
QIP or of any THIRD PARTY, including, without limitation, any right of
privacy, publicity, copyright, patent or trademark.
Through QIP you may NOT (1) enter user details of another person with
the intention of impersonating that person, (2) enter details, information or
materials in violation of the intellectual property rights of any person, or (3)
send unsolicited bulk text messages or symbols.
You may NOT transmit through QIP any file, message or symbol that (1)
violates or infringes in any way upon the rights of others, (2) is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane, indecent or otherwise objectionable, (3)
encourages conduct that would constitute a criminal offense, (4) gives rise
to civil liability, (5) contains a virus, worm, Trojan horse or other harmful
code, or (6) otherwise violates any law. You also may not undertake any
conduct that restricts or inhibits any other user from using or enjoying QIP
or any THIRD PARTIES' Services. You agree to indemnify the Author of
QIP for any damages incurred as a result of a violation of this section.
You further agree not to use QIP nor any other software or application to
attempt to override the privacy and security features of QIP including
without limitation for spoofing, sniffing, eavesdropping, imposturing,
flooding or spamming other users, breaking passwords, harassment, fraud,
forgery, electronic trespassing, tampering, hacking, nuking, system
contamination including without limitation use of viruses, worms and trojan
horses causing unauthorized damaging or harmful access and/or retrieval
of information and data.
The Author of QIP has no practical ability to restrict all conduct,
communications or content which might violate this EULA. The Author of
QIP has no control whatsoever over the information shared between
users. The Author of QIP is not technically capable to monitor and
therefore, the Author of QIP does not monitor the content available
through QIP, to determine compliance with this EULA. You will remain
solely responsible for the content of your messages and files. It is solely
your responsibility to evaluate the quality, adequacy, accuracy,
completeness, currentness, validity and usefulness of all the information,
files and data obtained or accessible through QIP. You agree that the
Author of QIP is not responsible, and shall have no liability to you or
anyone else, for any information, file, data or material obtained through or
accessible through QIP, including defamatory, offensive, or illicit
information, file, data or material, and that the risk of damage from such
information, file, data or material rests entirely with you. You agree to
indemnify the Author of QIP, and to hold him harmless, from any and all
losses, claims and liabilities (including attorneys fees) which may arise from
your use of QIP or any information, file, data or material obtained through or
accessible through QIP, or from your breach of this EULA. You undertake
to satisfy yourself of the risks involved and acknowledge that the
information and files shared between users may contain technically harmful
data and/or programmes (including without limitation computer viruses,
logic bombs, Trojan horses, worms, harmful components, corrupted data or
other malicious software or harmful data) and may, amongst other things,
cause harm to your computer, your network and/or any programs on each.
You agree NOT to attempt to penetrate security measures of THIRD
PARTIES' servers, services and networks, whether or not the intrusion
results in corruption or loss of data.
The access to some THIRD PARTIES' servers, services and networks is
provided by the THIRD PARTIES as a convenience. QIP users and those
wishing to contact QIP users are granted limited access to some THIRD
PARTIES' servers, services and networks' various directories, databases
and listings solely for the purpose of allowing more convenient personal
communications. Any unlawful use of or any unlawful attempt to access
through QIP any THIRD PARTIES' servers, services and networks'
various directories, databases and listings is strongly prohibited.
You acknowledge that you are expressly prohibited from utilizing QIP in
connection with data mining of any kind, harvesting or otherwise collecting
information about others, including e-mail addresses, commercial use, the
sending of unsolicited messages, whether commercial or not, to a large
number of recipients.
A message is unsolicited if it is sent to a recipient who has not requested or
invited the message.
You shall not transmit through QIP any file or material protected by
copyright, trademark or other proprietary right without the express
permission of the owner of the copyright, trademark or other proprietary
right. You are responsible for determining whether copyright, trademark or
other proprietary right protects such material or file. You shall be solely
liable for any damages resulting from any infringement of copyright,
trademark or other proprietary right, or any other harm resulting from any
transmitting.
PRIVACY POLICY. The Author of QIP collects both personally identifiable
and non-personally identifiable information in connection with your use of
the Website of the Author of QIP www.qip.ru . Neither the Author of QIP,
nor QIP collects or uses in any way any form of personal or interpersonal
information in connection with your use of QIP. The Author of QIP is not
technically capable to monitor your communications and the content of
your communications performed through QIP.
You agree that the Author of QIP may disclose to third parties without your
permission information about the total number of downloads of QIP.
By your use of QIP you agree and acknowledge that the details you elect
to post on the various THIRD PARTIES' servers, services and networks
during registration procedures or thereafter, including during use of THIRD
PARTIES' servers, services and networks, are generally available and
freely accessible to Internet users and the public.
The Author of QIP is not responsible for any information, including without
limitation users' personal data, user posted web site material, users' "White
Pages" postings, submitted through QIP or residing on THIRD PARTIES'
servers.
MAINTENANCE AND SUPPORT. You understand that your use of QIP is
at your own risk and that the Author of QIP provides no assistance other
than the information posted on the Author of QIP's web site located at
http://www.qip.ru . The Author of QIP is under no obligation to provide
you with any error corrections, updates, upgrades, bug fixes and/or
enhancements of QIP.
THIRD PARTIES' SERVICES, SERVERS AND NETWORKS. QIP
technically enables connecting to THIRD PARTIES' SERVICES,
SERVERS and NETWORKS.
The use of the THIRD PARTIES' SERVICES, SERVERS and
NETWORKS may require the respective THIRD PARTIES' consent.
Please consult the license agreements associated with the THIRD
PARTIES' SERVICES, SERVERS and NETWORKS or contact the
THIRD PARTIES regarding permitted uses of their SERVICES, SERVERS
and NETWORKS. The Author of QIP assumes NO responsibility for any
failure of yours to comply with the THIRD PARTIES' terms of service.
The THIRD PARTIES' SERVICES, SERVERS and NETWORKS are
NOT controlled by the Author of QIP in any way.
The Author of QIP does not represent and warrant that any access and
use of THIRD PARTIES' SERVICES, SERVERS and NETWORKS
through QIP will be compatible, uninterrupted, error free, without defects or
that you will be able to access the THIRD PARTIES' SERVICES,
SERVERS and NETWORKS at all times and locations of your choosing.
The Author of QIP assumes NO responsibility for the performance,
availability, functionality, quality, or reliability of the THIRD PARTIES'
SERVICES, SERVERS and NETWORKS or that the THIRD PARTIES'
SERVICES, SERVERS and NETWORKS are error free, will operate in an
uninterrupted manner, are completely secure, or will interoperate with QIP
users. You also agree that the Author of QIP is under no obligation to
provide you with any error corrections, updates, upgrades, fixes and/or
enhancements to make THIRD PARTIES' SERVICES, SERVERS and
NETWORKS accessible through QIP. The Author of QIP is under no
obligation to provide MAINTENANCE AND SUPPORT of the THIRD
PARTIES' SERVICES, SERVERS and NETWORKS. The Author of QIP is
not responsible for any failure or delay in sending of any information, data
or file through QIP and/or through THIRD PARTIES' SERVICES,
SERVERS and NETWORKS. Notwithstanding anything herein, the Author
of QIP does not warrant or guarantee that the information, , data or file
sent, relayed, carried or delivered through THIRD PARTIES' SERVERS
and/or NETWORKS will reach its destination, or its correct address or
recipient, or that the details of the recipient or sender are correct or
accurate. The Author of QIP shall not be responsible for reliability of any of
the information, data or file sent, delivered, relayed, carried or received
through the THIRD PARTIES' SERVERS and NETWORKS.
Under no circumstances shall the Author of QIP be held responsible or
liable, directly or indirectly, for any loss or damage caused or alleged to
have been caused to you in connection with the use of or reliance on any
content, goods or services available on any THIRD PARTIES' SERVERS
and NETWORKS. You should direct any concerns to the administrator or
webmaster of such THIRD PARTIES' SERVICES, SERVERS and
NETWORKS.
You agree that the THIRD PARTIES are permitted to limit, deny, create
different priorities for different users, update or cancel some or all of the
functionality of their services at any time, without prior notice.
The THIRD PARTIES' Services or any part thereof including without
limitation, the access to the THIRD PARTIES' Services granted to you or
to any other user and the availability and functionality of any THIRD
PARTIES' feature and function, including without limitation THIRD
PARTIES' applications, may be changed, updated, added to, limited or
terminated, at any time, temporarily or permanently, without notice, for any
reason or no reason by the THIRD PARTIES in their sole discretion
("Changes of Functionality"). The THIRD PARTIES may introduce or grant
different grades of service and listings policies, different levels of access or
no access at all and different priorities to different users or to different
functions, or to users of different versions of QIP, or introduce and add
new features in the current or in any future THIRD PARTIES' Services,
that may cause functionality change, limitation or termination of, or addition
to, the functionality of features in earlier versions of QIP still in use ("Grant
of Different Services"), at any time without notice, at their sole discretion.
You agree to bear the risks of and hold the Author of QIP harmless for any
and all effects that the Changes of Functionality and Grant of Different
Services may have on you and your ability to use QIP and the THIRD
PARTIES' Services, in whole or in part, for communicating with third
parties or their ability to communicate with you.
You are solely responsible for your dealings with any third parties.
SECURITY AND PRIVACY LIMITATIONS. You acknowledge that you are
aware of security and privacy limitations in the THIRD PARTIES' Services
including the limitation of security, privacy and authentication measures
and features.
You acknowledge that you are aware that by using QIP to access THIRD
PARTIES' servers, services and networks, you may be subject to
VARIOUS RISKS, including among others:
- Exposure to objectionable material and/or parties, including without
limitation, malicious codes.
- Unauthorized invasion of your privacy
- Spoofing, eavesdropping, sniffing, spamming, breaking passwords,
harassment, fraud, forgery, "imposturing", electronic trespassing,
tampering, hacking, flooding, spamming, nuking, system contamination
including without limitation use of viruses, worms and trojan horses causing
unauthorized, damaging or harmful access and/or retrieval of information
and data on your computer and other forms of activity that may even be
considered unlawful.
- Unauthorized exposure of information and material you sent, through QIP
to other users, the general public or any other specific entities for which
the information and material was not intended by you.
IF YOU DO NOT WISH TO BE SUBJECTED TO THESE RISKS, YOU
ARE ADVISED NOT TO USE QIP.
Please note that in each and every Internet application, the IP address of
the sender can be extracted by any party to the communication session
using certain software and/or hardware. Also note that utilizing QIP does
not guarantee a complete non-exposure of your IP address.
IMPORTANT NOTICE. The terms "ICQ", "UIN", "AIM", "SCREENNAME",
"SN" or any other term related to ICQ, AOL Instant Messenger (AIM) and
America Online (AOL) may be available in some dialogs of QIP. QIP is a
client that technically enables connecting by a certain category of users to
AIM services, servers and network and to ICQ services, servers and
network.
At the present time under the current AIM Terms of Service "You may
access AIM Products only through the interfaces and protocols provided
or authorized by AOL." Under the current AIM Terms of Service "You
agree that you will not access AIM Products through unauthorized means,
such as unlicensed software clients, and that you will only use AIM
Products in conjunction with AOL authorized products and components."
At the present time under the current ICQ Privacy Policy "Use of the ICQ
software, the ICQ network, system, Web site, servers, various directories
and listings, message boards, tools, information and databases,
Commercial Activities related thereto or any part thereof ("ICQ Services
and Information") is subject to the terms and conditions of the license
agreement that accompanied the ICQ software ("Software") or any
updates thereof ("License Agreement") as well as to the ICQ Privacy
Policy, Acceptable Use Policy, Usage Notice and any other applicable
terms of service document all available on or through www.icq.com/legal/
(the "ICQ Terms of Service")." At the present time under the current ICQ
End User License Agreement "You agree not to (1) create or use any
software other than the Software provided by ICQ or by America Online,
Inc., or any affiliate thereof, to enter your ICQ number and password or to
access the ICQ Services, without the express written authorization of ICQ."
Under the law, AOL has no actual requirement to permit outside parties
from accessing its privately-funded, privately-operated servers. As long as
AOL's policy is to block third parties' clients from the utilization of its
servers, YOU AGREE NOT TO USE QIP TO ACCESS AOL SERVICES,
SERVERS AND NETWORK. As long as AOL's policy is to block third
parties' clients from the utilization of its servers, you acknowledge that
accessing AOL services, servers and network through unauthorized
means, such as unlicensed software clients (including QIP as long as it is a
client not authorized by AOL ) is AT YOUR OWN RISK and constitutes a
breach of the respective Instant Messenger's Terms of Service- either the
Terms of Service of AIM, or the Terms of Service of ICQ, depending on
which network you access through unauthorized means.
The Author of QIP assumes NO RESPONSIBILITY for ANY ACTS of
accessing or attempts to access through QIP AOL services, servers and
network or ANY OTHER THIRD PARTIES' SERVICES, SERVERS and
NETWORKS, if those THIRD PARTIES consider QIP a not authorized
software for access of their SERVICES, SERVERS and NETWORKS.
YOU AGREE NOT TO USE QIP TO ACCESS THIRD PARTIES
SERVICES, SERVERS and NETWORKS, if those THIRD PARTIES
consider QIP a not authorized software for access of their SERVICES,
SERVERS and NETWORKS.
QIP and the Author of QIP are IN NO WAY AFFILIATED WITH OR
ENDORSED BY America Online, Inc. or ICQ, Inc. The marks AOL and
AIM are registered trademarks of America Online, Inc. The marks Instant
Messenger and AOL Instant Messenger are service marks of America
Online, Inc. ICQ, THE FLOWER LOGO, THE ICQ NETWORK and/or
other ICQ products referenced in ICQ Terms of Service are trademarks
and/or servicemarks of ICQ. No license is granted to you by the Author of
QIP, either expressly or implicitly, to use any trademark, servicemark,
names, or logos of ICQ, including ICQ and the flower logo. ICQ owns all
intellectual property in the ICQ Services and the proprietary ICQ
databases, including but not limited to ICQ components and algorithms,
and access to the ICQ Services' server complex. The access to the ICQ
Services and Networks is subject of the ICQ Terms of Service available on
or through http://www.icq.com/legal/ .
You agree NOT to use tools (including skins, icons) designed for QIP
which contain a unitary composite mark involving a trademark or graphics,
images, illustrations which are a property of a third party without the prior
written approval of its owner.
USER IDs AND PASSWORDS. QIP is a client that technically enables
connecting to various THIRD PARTIES' SERVICES, SERVERS and
NETWORKS You are solely responsible for maintaining the confidentiality
and security of your user IDs and passwords registered on THIRD
PARTIES' SERVERS. You are solely responsible and liable for any and all
use of your user IDs and passwords and for activities that occur on or
through your accounts. You agree to notify the respective THIRD
PARTIES immediately about any unauthorized access to or use of any of
your accounts. The Author of QIP cannot and will not be liable for any loss
or damage arising from your failure to comply with the above provisions.
DISCLAIMER OF WARRANTIES. QIP IS PROVIDED ON AN "AS IS",
"WITH ALL FAULTS", "AS AVAILABLE" BASIS. THE AUTHOR OF QIP
MAKES NO AND HEREBY SPECIFICALLY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, THOSE OF MERCHANTABILITY, NON INFRINGEMENT
AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO
QIP OR ANY INFORMATION, FILE OR DATA SENT, DELIVERED OR
RECEIVED BY USERS THROUGH QIP, UNLESS SUCH WARRANTIES
ARE LEGALLY INCAPABLE OF EXCLUSION.
THE AUTHOR OF QIP DOES NOT WARRANT, GUARANTEE OR
MAKE ANY REPRESENTATIONS REGARDING THE USE,
AVAILABILITY, RELIABILITY OR THE RESULTS OF THE USE OF QIP
AND THE ACCESS TO THE THIRD PARTIES' SERVERS, OR THE
INFORMATION PROVIDED IN THE VARIOUS THIRD PARTIES'
DIRECTORIES, LISTINGS AND DATABASES IN TERMS OF THE
ACCURACY, RELIABILITY, QUALITY, VALIDITY, STABILITY,
COMPLETENESS, CURRENTNESS, OR OTHERWISE OF THEIR
CONTENTS, UNLESS SUCH WARRANTIES ARE LEGALLY
INCAPABLE OF EXCLUSION. THE ENTIRE RISK AS TO THE
RESULTS AND PERFORMANCE OF QIP AND ACCESS TO THE THIRD
PARTIES' SERVERS OR THE VARIOUS THIRD PARTIES'
DIRECTORIES AND LISTINGS DATA, IS ASSUMED BY YOU.
THE AUTHOR OF QIP ASSUMES NO RESPONSIBILITY FOR THE
SECURITY, PROPRIETY OR COPYIGHT COMPLIANCE OF ANY
CONTENT EXCHANGED USING QIP. DO NOT USE QIP FOR
"MISSION CRITICAL" OR "CONTENT SENSITIVE" APPLICATIONS
AND PURPOSES. FOR THE PURPOSE OF THIS SECTION "MISSION
CRITICAL" APPLICATIONS AND PURPOSES SHALL MEAN
APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE;
"CONTENT SENSITIVE" SHALL MEAN ANY INFORMATION, FILE OR
DATA YOU DO NOT WISH TO BE FREELY ACCESSIBLE AND
GENERALLY AVAILABLE TO INTERNET USERS. QIP IS NOT
DESIGNED OR MANUFACTURED FOR USE IN HAZARDOUS
ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS
IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC
CONTROL, DIRECT LIFE SUPPORT SYSTEMS, OR WEAPON OR
COMBAT SYSTEMS, IN WHICH THEIR FAILURE COULD LEAD
DIRECTLY TO PERSONAL INJURY, DEATH, OR PROPERTY OR
ENVIRONMENTAL DAMAGE. THE AUTHOR OF QIP DISCLAIMS ANY
EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH USES.
LIMITED LIABILITY. IN NO EVENT WILL THE AUTHOR OF QIP BE
LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING
IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR
INABILITY TO USE QIP, THE THIRD PARTIES' NETWORK,
SERVICES, VARIOUS DIRECTORIES AND LISTINGS OR ANY OTHER
'INFORMATION', EVEN IF THE AUTHOR OF QIP SHALL HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
TORT, OR OTHERWISE; FOR ANY CLAIM ATTRIBUTABLE TO
DELAYS, ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR
DESTRUCTIVE PROPERTIES OF ANY INFORMATION; FOR THE
TRANSMISSION OR DELIVERY OF ALL OR ANY PART OF ANY
INFORMATION, FOR ANY DAMAGE ARISING THEREFROM OR
OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM
THE USE OF THE INFORMATION; OR IF ANY INFORMATION
INFECTS OR CONTAMINATES A USER'S SYSTEM OR INFORMATION.
SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR
LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND
LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE
EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY SET
FORTH IN THIS EULA IS UNENFORCEABLE UNDER APPLICABLE
LAW, THE AUTHOR OF QIP'S AGGREGATE LIABILITY WILL BE
LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF
ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
In no event will the Author of QIP 's liability with respect to this EULA
exceed the average monthly access fee paid by you to your local
telephone company or communication provider, solely and specifically for
access to the THIRD PARTIES' Services THROUGH QIP.
The entire risk as to the quality and performance of QIP, and the
accuracy, adequacy, completeness, correctness, validity and quality
thereof or of any other information or file obtained or sent through QIP is
with the user.
The Author of QIP is not responsible or liable for any incompatibility
between any version of QIP and your software and hardware.
IF YOU ARE DISSATISFIED WITH QIP, YOU DO NOT AGREE WITH
ANY PART OF THIS EULA, OR YOU HAVE ANY OTHER DISPUTE OR
CLAIM WITH OR AGAINST THE AUTHOR OF QIP WITH RESPECT TO
THIS EULA OR QIP, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING QIP.
CHARGING POLICIES. The Author of QIP declares that all QIP versions
are provided to you free of charge. If you install or use any version of QIP,
your use of that version of QIP is under the terms of the EULA that is
presented to you for acceptance. In any case you cannot use any version
of QIP until you have accepted the then-current QIP EULA. Note that the
access to certain THIRD PARTIES' services, servers and networks may
be not free of charge. Any telephone or other communications charges
incurred by you to access the THIRD PARTIES services, servers and
networks through QIP or the website of the Author of QIP at www.qip.ru
are your responsibility. Since these charges are your responsibility, you
should contact your local telephone company or communication provider if
you have a question about whether your access carries any long distance
charges or other toll charges from your location.
RIGHTS AND REMEDIES. You agree that this EULA is not intended to
confer and does not confer any rights or remedies upon any person other
than the parties to this EULA. You also understand and agree that the QIP
EULA, including the Author of QIP's enforcement of those terms and
services, are not intended to confer, and do not confer, any rights or
remedies upon any person other than the Author of QIP.
You acknowledge that QIP contains the Author of QIP's proprietary and
confidential information, and that disclosure of such information or misuse
of QIP will give rise to irreparable injury to the Author of QIP, inadequately
compensable in damages. You acknowledge that the THIRD PARTIES'
Services contain the respective THIRD PARTIES' proprietary and
confidential information, and that disclosure of such information or misuse
of the THIRD PARTIES' Services will give rise to irreparable injury to the
THIRD PARTIES, inadequately compensable in damages. Accordingly,
the Author of QIP and/or the THIRD PARTIES may seek and obtain
injunctive relief against such disclosure or misuse or threatened such
disclosure or misuse, in addition to any other legal remedies that may be
available.
TERM AND TERMINATION. The term of this EULA will commence upon
installation or use of QIP and continue indefinitely, unless you and the
Author of QIP enter into a new agreement that entirely replaces this EULA,
or unless the Author of QIP or you terminate this EULA as provided herein.
Without prejudice to any other rights, the Author of QIP may terminate this
EULA if you fail to comply with its terms and conditions. The Author of QIP
may in his sole discretion terminate this EULA at any time, and without
notice to you, in the event that you are or the Author of QIP suspects that
you are in breach of any of the terms of the EULA including, without
limitation, infringing any Intellectual Property Rights of any third party.
You may terminate this EULA at any time by destroying ALL COPIES OF
QIP AND ALL OF ITS COMPONENT PARTS.
The provisions of this EULA addressing onwership, intellectual property,
restrictions on use, disclaimers of representations and warranties, indemnity
obligations, and governing law shall survive the termination of this EULA
and your use of QIP.
Without prejudice to any other rights that the Author of QIP may have
under any applicable law, you acknowledge and agree that damages
alone would not be an adequate remedy for any breach by you of the
provisions of this EULA and that accordingly the Author of QIP shall be
entitled, without proof of special damages, to the remedies of injunction,
specific performance or other equitable relief for any threatened or actual
breach of the provisions of this EULA.
SEVERABILITY. If any provision of this EULA is declared to be
unenforceable for any reason, the remainder of this EULA will continue in
full force and effect, and the unenforceable provision will be deemed
modified to the extent necessary to comply with the applicable
requirements of law, while retaining to the maximum extent permitted by law
its intended effect and scope.
WAIVER. No delay or omission by either party to exercise any right or
power arising upon the other party's nonperformance or breach will impair
that right or power or be construed as a waiver of it. Any waiver must be in
writing and signed by the waiving party. A waiver on one occasion will not
be construed as a waiver of any subsequent event of nonperformance or
breach.
TRANSFER OF RIGHTS. The Author of QIP may transfer, assign
sublicense or pledge in any manner whatsoever, any of his rights and
obligations under this EULA to any third party whatsoever, without notifying
you or receiving your consent. You shall not transfer, assign, delegate,
sublicense nor pledge in any manner whatsoever, any of your rights or
obligations under this EULA. Any attempt by you to do so is void. Instead,
you may discontinue using QIP.
CHANGES TO AGREEMENT. The Author of QIP may change, from time
to time, the QIP EULA with or without a release of a new version of QIP.
Each time you use any version of QIP, you reaffirm your acceptance of the
then-current EULA. Subject to the foregoing, you further agree to be
bound by the provisions of the then-current EULA available on the Author
of QIP's website at www.qip.ru/legal , if such EULA is marked with a more
recent date than that on the EULA that accompanies your Software.
NOTICES AND WARNINGS. You acknowledge that the various notes,
notices and warnings available on the Author of QIP's website at
http://www.qip.ru/, are provided as a convenience only. The inclusion of
such does not constitute an obligation on the Author of QIP to provide
such notes, notices and warnings in other places or features of the Author
of QIP's website at http://www.qip.ru/.
GOVERNING LAW. The interpretation and performance of this EULA will
be governed in all respects by the laws of the Russian Federation,
excluding its conflicts-of-law rules. Please note that your use of the THIRD
PARTIES' service, servers and networks may be subject to other local,
state, national, and international laws. The parties expressly agree that the
United Nations Convention on Contracts for the International Sale of
Goods will not apply to this EULA.
Each of the parties irrevocably consents to the exclusive personal
jurisdiction of the courts located in the Russian Federation, for any matter
arising out of or relating to this EULA. Any litigation arising under or related
to this EULA will be brought only to the courts located in the Russian
Federation. You cannot revoke your consent to the exclusive personal
jurisdiction of the courts located in the Russian federation, for any matter
arising out of or relating to this EULA.
You hereby submit to the personal jurisdiction of these courts and waive all
objections to placing venue exclusively before them. The prevailing party
in any litigation arising under or related to this EULA, in addition to any
other relief granted to it, will be entitled to recover from the losing party its
reasonable attorneys' fees and costs incurred in connection with the
litigation.
EXPORT CONTROL. You agree to abide by all Russian and other
applicable export control laws and regulations of governmental bodies and
agencies and not to export, re-export or otherwise transfer, by electronic
transmission or otherwise, any content subject to restrictions under such
laws to a national destination prohibited under such laws or to any person
to whom exports, re-exports or transfers are prohibited under such laws,
without first obtaining, and then complying with, any requisite government
authorization. You further agree not to send or obtain through QIP any
data that cannot be exported without prior written government
authorization, including, but not limited to, certain types of encryptions.
SECTION TITLES. The section titles in this EULA are for convenience
only and have no legal or contractual effect.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA,
UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE
AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE
AUTHOR OF QIP AND YOU WHICH SUPERSEDES ANY PROPOSAL
OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER
COMMUNICATIONS BETWEEN THE AUTHOR OF QIP AND YOU
RELATING TO THE SUBJECT MATTER OF THIS EULA.
IF YOU HAVE ANY QUESTIONS OR CONCERNS DO NOT INSTALL
QIP, INSTEAD CONTACT THE AUTHOR OF QIP BY E-MAIL. FOR
DETAILS ABOUT THE AUTHOR OF QIP'S E-MAIL REFER TO THE
AUTHOR OF QIP'S WEBSITE AT www.qip.ru . IF YOU HAVE ALREADY
INSTALLED QIP, DISCONTINUE ITS USE AND UNINSTALL QIP.
PLEASE NOTE THAT IF YOU UNINSTALL QIP, IN WHOLE OR IN
PART, IN ANY OTHER MANNER, YOU MAY ADVERSELY AFFECT
YOUR COMPUTER'S FUNCTIONALITY.
NOTE THAT IT IS AT THE AUTHOR OF QIP'S SOLE DISCRETION TO
ANSWER AN E-MAIL SENT TO HIM OR NOT. The Author of QIP is not
responsible or liable for the performance, functionality and availability of the
Author of QIP's website at http://www.qip.ru.
Note that for those accessing or using any areas of the Author of QIP's
website at http://www.qip.ru there are Terms and Conditions of the Author
of QIP's Website.
Copyright c 2005 The Author of QIP.
All rights reserved. QIP and QIP logo are trademarks of the Author of QIP,
which may be registered in some jurisdictions. Russian federation and
foreign patents pending. All other company and/or product names are
trademarks and/or registered trademarks of their respective owners.
QIP Client Software EULA - October 31, 2005
