End User Agreement

X-IM End User Agreement

IF YOU DO NOT READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DEFINED IN THIS DOCUMENT, YOU ARE NOT PERMITTED TO KEEP OR USE THE SOFTWARE IN ANY WAY WHATSOEVER, AND MUST DESTROY OR RETURN ALL COPIES OF THESE ITEMS WHICH ARE IN YOUR POSESSION.

CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT") FOR THE LICENSE OF SOFTWARE YOU ARE ABOUT TO DOWNLOAD OR INSTALL (THE "SOFTWARE"). "YOU" MEANS THE INDIVIDUAL PERSON INSTALLING OR USING THE SOFTWARE ON HIS OR HER OWN BEHALF; OR, IF THE SOFTWARE IS BEING DOWNLOADED OR INSTALLED ON BEHALF OF AN ORGANIZATION, SUCH AS AN EMPLOYER, "YOU" MEANS THE ORGANIZATION FOR WHICH THE SOFTWARE IS DOWNLOADED OR INSTALLED AND YOU REPRESENT THAT YOU HAVE AUTHORIZED THE PERSON ACCEPTING THIS AGREEMENT TO DO SO ON YOUR BEHALF.

YOU HEREBY EXPRESSLY CONSENT TO X-IM SOFTWARE’S PROCESSING OF PERSONAL DATA YOU PROVIDE TO X-IM SOFTWARE ACCORDING TO X-IM SOFTWARE'S CURRENT PRIVACY POLICY (SEE HTTP://WWW.X-IM.NET/PRIVACY.ASP). IF "YOU" ARE AN ORGANIZATION, YOU WILL ENSURE THAT EACH MEMBER OF YOUR ORGANIZATION (INCLUDING EMPLOYEES AND CONTRACTORS) ABOUT WHOM PERSONAL DATA MAY BE PROVIDED TO X-IM SOFTWARE HAS GIVEN HIS OR HER EXPRESS CONSENT TO X-IM SOFTWARE'S PROCESSING OF SUCH PERSONAL DATA.

Copyright © X-IM Software 2003 X-IM is a trademark of X-IM Software

IMPORTANT NOTE: The software is protected by copyright, which is vested in X-IM Software. The software may only be used in accordance with the terms and conditions set out in this document.

TERMS OF AGREEMENT

This is a legal agreement between you, the users, and X-IM Software. By installing or using this Software, you agree to be bound by the terms of this agreement. If you do not agree to those terms, you may not use or install the Software.

You are entitled to use your copy of the Software on one computer. "Use" means loaded in temporary memory or permanent storage on the computer. The Software is protected by United States copyright laws and international treaties. You may make one copy of the Software solely for backup or archival purposes or transfer it to a single hard disk provided you keep the original disk solely for backup or archival purposes. You may not rent or lease the Software or copy any written materials accompanying the Software.

You shall not modify, translate, reverse engineer, decompile or disassemble the Software or any part thereof or otherwise attempt to derive source code or create derivative works therefrom.

You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained with the Software.

Restrictions.

You may not sell, lease, license, rent, loan, or otherwise transfer the Software or the Documentation, with or without consideration. You agree not to permit any third party to use the Software or the Documentation in any form, and to use all reasonable efforts to ensure that no unauthorized use of the Software or the Documentation is made. You may not permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau, or other arrangement. You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, decompile, or disassemble the Software. Notwithstanding the foregoing sentence, decompiling the Software is permitted to the extent the laws of your jurisdiction give you the right to do so to obtain information necessary to render the Software interoperable with other software; provided, however, that you must first request such information from X-IM Software and X-IM Software may, in its discretion, either provide such information to you (subject to confidentiality terms) or impose reasonable conditions, including a reasonable fee, on such use of the Software to ensure that X-IM Software's and its suppliers' proprietary rights in the Software are protected. You may not modify, or create derivative works based upon, the Software or the Documentation in whole or in part. You may not copy the Software or Documentation except as expressly permitted in this agreement. You may not remove any proprietary notices or labels on the Software or the Documentation. All rights not expressly set forth hereunder are reserved by X-IM Software

Ownership Rights.

The Software and Documentation are protected by United States copyright laws and international treaty provisions. X-IM Software owns and retains all right, title, and interest in and to the Software and the Documentation, including all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Your possession, installation, or use of the Software or the Documentation does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software or the Documentation except as expressly set forth in this Agreement. All copies of the Software and Documentation made hereunder must contain the same proprietary notices that appear on and in the Software and Documentation.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK AND THAT THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, X-IM SOFTWARE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY WITH RESPECT TO THE SOFTWARE AND THE DOCUMENTATION. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE AND THE RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING, X-IM SOFTWARE MAKES NO WARRANTY THAT THE SOFTWARE OR THE DOCUMENTATION IS FAULT-TOLERANT, ERROR-FREE, FREE FROM INTERRUPTIONS OR OTHER FAILURES, OR THAT THE SOFTWARE OR THE DOCUMENTATION WILL MEET YOUR REQUIREMENTS. THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE USED IN ACTIVITIES THAT REQUIRE FAULT-TOLERANT PERFORMANCE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TO HELP YOU DETERMINE THE SUITABILITY OF THE SOFTWARE FOR YOUR REQUIREMENTS, INCLUDING ITS IMPLIMENTATION OF ENCRYPTION ALGORITHMS AND PROTOCOLS, YOU MAY REQUEST THE SOFTWARE SOURCE CODE OF THE SOFTWARE FROM X-IM SOFTWARE, SUBJECT TO REASONABLE CONFIDENTIALITY AND NON-COMPETITION AGREEMENTS.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL X-IM SOFTWARE OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFITS, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY OR OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE. IN NO EVENT WILL X-IM SOFTWARE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT, IF ANY, ACTUALLY PAID FOR A LICENSE TO THE SOFTWARE, EVEN IF X-IM SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. X-IM SOFTWARE ALSO DISCLAIMS ALL LIABILITY FOR ACTS OR MATERIAL PRESENTED BY ADVERTISERS, AD-SERVING PARTNERS OR OTHERS (INCLUDING UNAUTHORIZED USERS, OR "CRACKERS") The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.

Export Controls. You are advised that the Software and the Documentation are subject to the U.S. Export Administration Regulations. You shall not export, re-export, import, or transfer the Software or the Documentation contrary to U.S. or other applicable laws, whether directly or indirectly, and you will not assist or facilitate others in doing any of the foregoing. You represent and warrant that (a) neither the United States Bureau of Export Administration nor any other federal agency has suspended, revoked, or denied your export privileges, and (b) you are not located in, a resident of, a citizen of, installing or using the Software in, or intending to install or use the Software in, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods. You agree not to use or transfer the Software for end use relating to any nuclear, chemical or biological weapons, or missile technology unless authorized by the U.S. Government by regulation or specific license. You acknowledge it is your sole responsibility to comply with any and all export and import laws and regulations, and you will not use, install or transfer the Software in any way that violates any such laws or regulations. You agree to not export or re-export the Software or any part thereof or information pertaining thereto to any country for which a U.S. government agency requires an export license or other governmental approval without first obtaining such license or approval.

Notice to U.S. Government Users: The Software and any associated documentation are "Commercial Items," as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Privacy statement: X-IM Software strives to protect the security and privacy of the users of its products, and will strictly protect the security of the users personal information. The X-IM Software privacy statement found at http://www.x-im.net/privacy.asp, is incorporated in this Agreement by reference.

You hereby consent to the use by X-IM Software and its advertising partners of your IP address and the URLs you request for the purpose of serving ads.

X-IM Software reserves the right to cancel your service at any time. Any fees paid in advance of cancellation will be prorated and refunded, unless cancellation is caused by your violation of these policies, in which case no refund is due.

You agree to not use the software in the sending of unwelcome or harassing messages, including but not limited to spam. You agree that such use of the software will result in the immediate termination of services.

Any variation to the terms of this Agreement shall only be valid if made in writing by X-IM Software.

Any and all disputes which may arise out of, result from, or are in connection herewith shall be brought exclusively in the state or federal courts located in Montgomery County, Pennsylvania. You agree and consent to venue in Montgomery County, Pennsylvania and the in personam jurisdiction of the aforementioned courts..

This Agreement shall be governed by United States and Pennsylvania law, and the stipulations set forth herein to be construed in accordance with same. This Agreement represents the entire agreement with respect to the Software and the Documentation between you and X-IM Software, and supersedes any prior agreement or proposal, representation, or understanding between the parties, provided that, in the event of any conflict between this Agreement and a hardcopy software license agreement signed by both you and X-IM Software with respect to the Software, the terms of that software license agreement shall prevail. This Agreement may not be modified except by a written amendment (not including conflicting preprinted terms of a purchase order, confirmation, or the like, which will have no effect) expressly referencing this provision and signed by a duly authorized officer of X-IM Software. No right or remedy of X-IM Software under this Agreement shall be deemed waived by X-IM Software unless such waiver is in writing and signed by a duly authorized officer of X-IM Software. If any provision of this Agreement is held invalid as written, the remainder of this Agreement shall continue in full force and effect and the invalid provision will be deemed modified so as to be enforceable to the maximum extent permitted by applicable law. Unless expressly stated otherwise, in this Agreement "including" means "including but not limited to" and "discretion" means "sole and absolute discretion." This Agreement is personal to you and may not be assigned or transferred for any reason whatsoever without X-IM Software's express written consent, and any action or conduct in violation of the foregoing shall be void and without effect. X-IM Software expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder.

If you have any questions concerning these terms and conditions, or if you would like to contact X-IM Software for any other reason, please visit http://www.x-im.net.