BLACKWAVE LICENSE AGREEMENT
BY DOWNLOADING, INSTALLING OR RUNNING THE SOFTWARE OR ACCESSING THE SERVICES (AS THOSE TERMS ARE DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DELETE ANY PORTIONS OF THE SOFTWARE ALREADY INSTALLED ON YOUR SYSTEM.
LICENSE GRANT FOR SOFTWARE
Blackwave grants you (a single individual or entity) a non-exclusive license under copyrights to use the Blackwave Software ("Software") only as explicitly permitted by this agreement. You may use the Software on a single personal computer and/or personal computing device at any one time. The Software is "in use" on a computer or computing device when it is resident in memory (i.e., RAM) or when executable or other files are installed on the hard drive or other storage device of the computer or computing device. Any software applications or components, including updates or upgrades, substantially developed and subsequently made available to you by Blackwave for use with the Blackwave Software shall become part of the Software for purposes of this agreement when you install or run them. You may not, and you may not permit others to, copy, distribute, modify, translate, reverse engineer, decompile, disassemble, or create derivative works of the Software, or remove any proprietary notices or labels on the Software, including copyright, trademark and patent or patent pending notices. Unless you have received a separate license from Blackwave permitting you to do so, you may not install the Software on a server or use the Software as a bot (i.e., software that acts on its own behalf to create, modify, manipulate, collect or transfer data or to perform other automated functions).
CLIENT ACCESS LICENSE FOR SERVER FUNCTIONALITY
Blackwave grants you a non-exclusive, limited license to access and use relay services, device presence services and other services made available through access to one or more of Blackwave servers ("Services") to support your use of the Software during the term of this agreement. You may not permit others to access or use the Services. You may not create derivative works of or integrate the Services into any commercial offering without the written consent of Blackwave.
This agreement shall become effective upon your first installation or use of the Software or access to the Services. Your use of the Software or Services is conditioned on your compliance with the terms and conditions contained in this agreement. The Software or Services may include a "time-out" mechanism that will automatically disable use of the Software or prevent access to the Services after a predetermined period of time.
You agree not to use the Software or the Services for a purpose or in a manner not permitted by the terms of Blackwave Acceptable Use Policy (including, without limitation, infringement of copyrights), as it may be amended from time to time. Blackwave Acceptable Use Policy is available on Blackwave Web site at www.blackwave.com (the "Web Site"). You also agree that you will not, and that you will not permit others to, use the Software or Services either directly or indirectly to compromise the security of, or repeatedly request access to or data from, a Blackwave computer or other resource, or a computer or other resource of any other individual or entity, with the intent of disrupting or monopolizing the computer or other resource. You also agree not modify, disable, circumvent, or otherwise interfere with the features of the Software and/or Services that enforce license limits and restrictions or report technical and statistical information regarding use of the Software and Services to Blackwave. The license grants set forth in this agreement will terminate automatically if you engage in any activity in violation of this section.
Title, ownership rights, and intellectual property rights in and to the Software and Services remain with Blackwave and/or its licensors. You acknowledge and agree that the Software contains proprietary and confidential information of Blackwave and/or its licensors. You agree to use reasonable care to protect the confidential and proprietary nature of the Software. Blackwave reserves the right to alter prices, features, capabilities, functions, licensing terms, release dates, general availability or any other characteristics of the Software or Services at any time, as Blackwave sees fit.
DISCLAIMER OF WARRANTY
THE SOFTWARE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. To the extent this warranty disclaimer does not apply to you, Blackwave and its licensors entire liability and your exclusive remedy shall be, at Blackwave sole option, to replace the affected Software or Services. This limited remedy is void if failure of the Software or Services has resulted from modification, accident, abuse, misapplication, a computer virus, an act of God, hardware or network attributes or configuration, or third party software. Any replacement of the Software or Services under this limited remedy will be warranted under the same terms as the original Software or Services.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL Blackwave, ITS LICENSORS, OR ANY OTHER PERSON OR ENTITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OR CORRUPTION OF DATA, OR ANY OTHER DAMAGE OR LOSS, EVEN IF Blackwave HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE EXTENT THIS LIMITATION OF LIABILITY DOES NOT APPLY TO YOU UNDER APPLICABLE LAW, Blackwave TOTAL LIABILITY TO YOU SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
THIRD PARTY PRODUCTS AND SERVICES
Third parties may develop or provide tools or other software applications or components, materials, data, content or other products or services for use with the Software or the Services, some of which may be accessible via the Web Site. Blackwave makes no representation or warranty with respect to the quality, reliability or non-infringement of any third party product, service or data, whether accessible via the Web Site or otherwise. You agree that Blackwave is not responsible for the operation or performance of third party product, service or data. You acknowledge and agree that your rights with respect to third party products, services or data may be subject to the terms and conditions of separate agreements with the third parties providing them.
TECHNICAL SUPPORT, UPDATES, AND UPGRADES
Technical support for the Software and Services can be found in the Help menu within the Software and on the Web Site. This agreement does not entitle you to receive (a) technical support other than that which Blackwave makes available through the Software and on the Web Site; or (b) updates or upgrades to the Software or Services.
Copyright © 2002 - 2009 Blackwave and/or its suppliers, Suite 3, 11 Queens Gate Place, London SW7 5NX, UK. All rights reserved.