September, 30, 2001
This software is being licensed to you by SEESTORM Inc. in A TIME LIMITED FREE BETA VERSION ONLY ("Software") and is provided on an "AS IS" basis, for your private personal use only.
This agreement and the SEESTORM terms of service documents available on or through http://ssm.seestorm.com/legal/, including the SEESTORM Privacy Policy and any other applicable terms of service document available therein (together with this agreement referred to herein as " SEESTORM Terms of Service") shall apply to any use of any version of this Software and the SEESTORM Services and Information, as defined below. It is clarified that the applicable SEESTORM Terms of Service documents shall also apply to any use of any application, software or program created or made available by SEESTORM Inc.
In case of contradiction between a provision of the terms of use document dedicated solely to such applications and any provision in this agreement or in any of the SEESTORM Terms of Service documents available on or through http://ssm.seestorm.com/legal/, the provision of the specific term of use document shall prevail, unless the provision in this agreement or in any of the SEESTORM Terms of Service documents reflects narrower responsibility on behalf of SEESTORM Inc. than the appropriate provision in the specific term of use document. Any reference made in this agreement to SEESTORM Inc. shall be deemed to have been made to SEESTORM Inc., its subsidiaries, successors, assignees, affiliates as well as any company that controls SEESTORM Inc., directly or indirectly, and any other subsidiary of that controlling company.
You agree not to (1) extract information from the SEESTORM Services and Information as defined below, reverse engineer, decompile, disassemble, alter, duplicate, make copies, create derivative works from, distribute or provide others with the SEESTORM software, the SEESTORM communications protocol or any information available on, derived or extracted from the SEESTORM Services and Information as defined below, or any part thereof; (2) connect, use, attempt to connect or use in any way the SEESTORM Services and Information, as defined below, for any commercial purpose and any other purpose that is not for your private personal use in good faith and as explicitly offered on the SEESTORM Web site.
By accepting the terms of this license agreement you agree that SEESTORM Inc. is permitted to limit, deny, create different priorities to different users, update or cancel some or all of the functionality of this Software at any time, without prior notice. As part of this Software, SEESTORM Inc. is granting you limited access to the SEESTORM network, system, Web site, servers, various directories and listings, various message and news boards, tools, information and databases, or any part thereof (together with the SEESTORM software or any part thereof collectively referred to herein as the " SEESTORM Services and Information").The SEESTORM Services and Information or any part thereof, may also be accessible by other software applications and may be published on the SEESTORM Web site, its servers, including various SEESTORM directories and listings. SEESTORM Inc. makes no warranties or guarantees as to the availability or reliability of the SEESTORM Services and Information to you or to any other user. The Software, the SEESTORM Services and Information functionality or any part thereof including without limitation, the access to the SEESTORM Services and Information granted to you or to any other user and/or the availability and functionality of any SEESTORM feature and function, including without limitation SEESTORM Applications developed by SEESTORM Inc. or by third parties, may be changed, updated, limited or terminated at any time, temporarily or permanently, without prior notice, for any reason or no reason by SEESTORM Inc. in its sole discretion ("Changes of Functionality"). SEESTORM Inc. may elect to, but is not obligated to, 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 the Software and the SEESTORM Services and Information, or introduce new features in this or in future versions of the Software and the SEESTORM Services and Information that may cause functionality change, limitation or termination of the functionality of features in earlier versions still in use, including functionality changes in privacy and security features ("Grant of Different Services"), at any time without prior notice, at its sole discretion. You agree to bear the risks of and hold SEESTORM Inc. harmless for any and all effects that the Changes of Functionality and Grant of Different Services may have on your ability to use the Software and the SEESTORM Services and Information, in whole or in part, for communicating with third parties or their ability to communicate with you. SEESTORM Inc. may elect in its sole discretion to condition the continuation of access to the SEESTORM Services and Information, on your accepting software improvements, corrections, adaptations, conversions to more recent Software versions or any other changes to the SEESTORM Software, the SEESTORM Services and Information, the SEESTORM UINs or to a revised or new SEESTORM Terms of Service. SEESTORM Inc. may at any time cancel, change, hold, de-list, introduce different options and features to different users or refrain from publishing SEESTORM UINs or any other details of the users listed on the various SEESTORM directories and listings.
By using the Software, the SEESTORM Services and Information or any part thereof, you agree to and acknowledge the following: 1) The details you elected to post on the various SEESTORM directories, during the registration procedure or thereafter, including during use of the SEESTORM Services and Information, are generally available and freely accessible to Internet users and the public, unless explicitly stated otherwise; Any later addition to such details or any amendment thereto may not be immediately visible to all users (e.g. users who already have your account on their buddy list will be required to press "See Profile" in order to view the new or revised details or information you have entered); 2) Unless explicitly stated otherwise the information entered or posted, through the Software, through the Web or through the SEESTORM Services and Information, including without limitation, on the SEESTORM directories, during registration or thereafter, on the various SEESTORM message and news boards, as well as status indication and other user's parameters that can be found using the Software or the Web ("Public Information"), may be available to the public. Public Information shall not include information meant to be sent through the SEESTORM network to a specific SEESTORM User's Software, unless subsequently provided to SEESTORM Inc.; 3) Settings, technical and other information from your computer, such as your operating system, SEESTORM and browser versions, connectivity, various communication parameters and other information related to the operation and interaction of the SEESTORM Software and any other SEESTORM Application ("Parameters") may be collected by SEESTORM, Inc., subject to the provisions herein. Parameters are collected solely in order to provide you with, or access to, the SEESTORM Services and Information, subject to the provisions herein. 4) SEESTORM Inc. gathers information and usage patterns (including without limitation by using "cookies" related to your use of the Software, and the SEESTORM Services and Information ("Usage Patterns") - to better understand how our users, as a group, use the SEESTORM Services and Information and the various features thereof, as well as to help us fit offerings to you as an individual and to conduct market research 5) You shall not use or rely on the SEESTORM Software, the various SEESTORM directories and listings, SEESTORM Web site, the SEESTORM Services and Information or any other program, information or service whatsoever related thereto for "Mission Critical" or "Content Sensitive" applications and use. For the purpose of this agreement "Mission Critical" applications and use shall mean applications and use that may result in damage; "Content Sensitive" shall mean any information or data you do not wish to be freely accessible and generally available to Internet users.
Unless produced by SEESTORM Inc., the information you access or receive by using the SEESTORM Software, the SEESTORM Services and Information, the various SEESTORM directories and listings, or information sent to you by other users, is provided, by the users, and entered or posted by them, and is not reviewed, controlled, examined, verified or endorsed by SEESTORM Inc. in any way. By using the SEESTORM Software, and the SEESTORM Services and Information you agree to 1) Determine whether the information complies with your needs; 2) Ensure that you have adequate legal rights to store, reproduce or otherwise make use of information in the manner used by you; 3) Comply with any legal obligations, including but not limited to, obligations imposed by copyright, trade secrets, defamation, decency, privacy, security and export laws and any other applicable laws.
SEESTORM Inc. is not responsible for any information, including without limitation, online and offline messages and other forms of interpersonal communications available on or through the SEESTORM Services and Information, users' personal data, user posted Web site material, submitted on or through the Software and the SEESTORM Services and Information or residing on the SEESTORM servers. SEESTORM Inc. may erase, remove, delete, delay, jam or alter such information without prior notice, for functional or any other reason.
SEESTORM Inc. does not want to receive any confidential, secret or proprietary information and material from you through the SEESTORM Web site, SEESTORM Inc.'s mail and e-mail addresses, the SEESTORM Services and Information or in any other way. ANY INFORMATION OR MATERIAL SUBMITTED OR SENT TO SEESTORM INC., EXCLUDING PRIVATE COMMUNICATIONS BETWEEN A USER AND OTHER USERS THAT ARE NOT SUBSEQUENTLY MADE AVAILABLE TO SEESTORM INC. WILL BE DEEMED NOT TO BE CONFIDENTIAL OR SECRET. By submitting or sending documents, information or other material ("Material") to SEESTORM Inc. or by posting information entered on the various SEESTORM directories and tools and messages on the SEESTORM message boards you (1) warrant that you have no rights of any kind to the Material; that to the best of your knowledge no other party has any rights to the Material; (2) grant SEESTORM Inc. an unrestricted, perpetual, irrevocable license to use, reproduce, display, perform, adapt, modify, transmit and distribute the Material in all media, and you further agree that SEESTORM Inc. is free to use any ideas, know-how, concepts, techniques or other materials you send us for any purpose.
THE SEESTORM SERVICES AND INFORMATION AND THE VARIOUS SEESTORM DIRECTORIES, LISTINGS AND DATABASES INFORMATION IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
SEESTORM INC. 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 THE SEESTORM SOFTWARE, THE SEESTORM SERVICES AND INFORMATION, THE SEESTORM NETWORK SERVERS' SOFTWARE OR ANY KIND OF INFORMATION SENT, DELIVERED OR RECEIVED BY USERS ON OR THROUGH THE SEESTORM SOFTWARE, SERVERS' SOFTWARE, THE WEB SITE, THE SEESTORM SERVICES AND INFORMATION OR THE VARIOUS SEESTORM DIRECTORIES AND LISTINGS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SEESTORM INC. DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SEESTORM SOFTWARE, THE SEESTORM SERVICES AND INFORMATION, THE SERVICE AND THE ACCESS TO THE SERVERS, OR THE INFORMATION PROVIDED BY THE VARIOUS SEESTORM DIRECTORIES, LISTINGS AND DATABASES IN TERMS OF THE ACCURACY, RELIABILITY, QUALITY, VALIDITY, STABILITY, COMPLETENESS, CURRENTNESS, OR OTHERWISE OF THEIR CONTENTS OR PRODUCTS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE, THE SEESTORM SERVICES AND INFORMATION AND ACCESS TO THE SERVERS OR THE VARIOUS SEESTORM DIRECTORIES AND LISTINGS DATA, IS ASSUMED BY YOU.
SEESTORM Inc. does not warrant or guarantee that the SEESTORM Services and Information and the functions or services performed by SEESTORM Inc. will be uninterrupted or error-free or that defects in the Software and the SEESTORM Services and Information will be corrected. SEESTORM Inc. does not warrant or guarantee that all Software versions shall be provided with similar grades and level of service, features, functionality and the ability to use, the Software or the SEESTORM Services and information. SEESTORM Inc. does not warrant or guarantee 1) that any program or information will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; 2) that the information available on or through the SEESTORM Services and Information will not contain adult-oriented material, or material which some individuals may deem objectionable; or 3) that the functions or services performed by SEESTORM Inc. will be uninterrupted or error-free or that defects in the Software and the SEESTORM Services and Information will be corrected. You are solely responsible to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage your information or system.
SEESTORM Inc. is not responsible for any special, incidental, indirect or consequential damages. In no event will SEESTORM Inc.'s liability with respect to this license agreement exceed the amount you paid (if you paid) to SEESTORM Inc. for the Software or of the charge of one-month fee for using the servers' service. In no event shall SEESTORM Inc. be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information. SEESTORM Inc. will not be responsible if any information infects or contaminates a user's system or information. The entire risk as to the quality and performance of SEESTORM Inc.'s service, the SEESTORM Software and the SEESTORM Services and Information and the accuracy, adequacy, completeness, correctness, validity and quality thereof or of any other information is with the user.
For convenience purposes this Software may have been provided to you on a free CD-ROM, or otherwise bundled with other equipment, products or services. You acknowledge that no payment was made by you for the CD-ROM, and if payments were made, they are made for the products and services and not for the CD-ROM and Software.
IN NO EVENT WILL SEESTORM INC. BE LIABLE TO ANY PARTY (i) 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 THE SEESTORM SOFTWARE, THE SEESTORM NETWORK, THE SEESTORM SERVICES AND INFORMATION, VARIOUS DIRECTORIES AND LISTINGS OR ANY OTHER 'INFORMATION', EVEN IF SEESTORM INC. SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SEESTORM INC.'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Please note that by using the Software and/or any of the SEESTORM Services and Information, you acknowledge that you are bound by and subject to the provisions of the SEESTORM Terms of Service available on or through http://ssm.seestorm.com/legal/. In case of contradiction between any provision of the license agreement and any provision in any of the SEESTORM Terms of Service documents, the provision of the license agreement shall prevail, unless the provision in the SEESTORM Terms of Service document reflects narrower responsibility on behalf of SEESTORM Inc. than the appropriate provision in the license agreement.
You agree that this agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this agreement. You also understand and agree that the SEESTORM Terms of Service, including SEESTORM Inc.'s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person other than SEESTORM Inc..
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
SEESTORM Inc. may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate successor thereof or 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 agreement. For example, and without any limitation, you shall not transfer, assign, sell or offer for sale SEESTORM UINs, nor purchase or receive such SEESTORM UINs from any third party.
SEESTORM Inc. may change, from time to time, the SEESTORM Terms of Service with or without a release of a new version of the SEESTORM Software. By continuing to use the Software and/or the SEESTORM Services and Information, for a period of 30 days after a notice of such change has been provided on the SEESTORM network or Web site for the first time, you signify your consent to the new or revised set of the SEESTORM Terms of Service. Subject to the foregoing, you further agree to be bound by the provisions of the license agreement available on the SEESTORM Web site at http://ssm.seestorm.com/legal/, if such license is marked with a more recent date than that on the license agreement that accompanies your Software.
You acknowledge that the various notes, notices and warnings available on the Software and the SEESTORM Services and Information, are provided as a convenience only. The inclusion of such notes does not constitute an obligation on SEESTORM Inc. to provide such notes, notices and warnings in other places or features of the Software and the SEESTORM Services and Information.
Please explore other legal issues: End-User License Agreement, Terms of Purchase, AvatarMe Terms of Service, Copyright notice, Privacy Policy
|