Global E-Network Limited "Impact" End User License Agreement:
This End User License Agreement ("Agreement") constitutes a binding agreement between Global E-Network Limited (together with its licensors, affiliates, successors and assignees) and you ("you," or "your") for the use of the Software, Network and Services, according to the terms defined below. You enter into this agreement in order to install and use "Impact" Software and Services associated with the software. By installing and using the software you agree to be bound by the terms of this agreement. If you do not agree with the terms as defined then you should not download or install the software. You may not download or use this software if you are under the age limit where according to your local law you are forbidden to use or download internet based software or applications.
Intellectual Property, Trademarks and Copyright
The "Impact" Software and Services contain proprietary and confidential information of "Impact", including copyrights, trade secrets and trademarks contained therein, which are protected by international copyright laws and trademark registrations. Title to and ownership of the "Impact" Software, including without limitation all intellectual property rights therein and thereto, are and shall remain the exclusive property of "Impact" and its suppliers, and except for the limited license granted to you, "Impact" reserves all rights, title and interest in and to the "Impact" Service. You shall not take any action to endanger, limit or interfere with Global E-Network Limited ownership of and rights with respect to the "Impact" Software and Services. You acknowledge that any unauthorised copying or unauthorised use of the "Impact" Software or Services is a violation of this Agreement and is strictly prohibited.
All corporate names, service marks, logos, trade names, trademarks, websites and domain names of "Impact", including "Impact", are and shall remain the exclusive property of Global E-Network Limited or the appropriate licensor and nothing in these Terms of Use shall grant you the license to use such Marks.
Microsoft, MSN, Windows, the MSN logo and the Windows logo are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries."
The YAHOO!, Yahoo! logo, YAHOO! (in Chinese characters), and YOUR HOME ON THE WEB trademarks and service marks and other Yahoo! logos and product and service names are trademarks of Yahoo! Inc.
GOOGLE, Google Talk and Google Mail are trademarks of Google Inc.
AIM trademarks are the property of their respective owners, including, without limitation, AOL LLC and Netscape Communications Corporation.
Jabber® is a registered trademark of Jabber, Inc.
ICQ, THE FLOWER LOGO, THE ICQ NETWORK and/or other ICQ products referenced herein are trademarks and/or servicemarks of ICQ.
Term
This Agreement will be effective as of the date you first use the "Impact" Software and Services, thereby expressly agreeing to the terms and conditions set forth herein, and will remain effective until terminated by either party as set forth below.
Termination
You may terminate this Agreement at any time provided you cease all use of the "Impact" Software and Services AND destroy or remove from all hard drives, networks, and other storage media all copies of the "Impact" Software in your possession. Global E-Network Limited may terminate this Agreement at any time, with or without cause, by providing notice to you and/or preventing your access to the "Impact" Software and/or Services. Upon termination of this Agreement for any reason (i) all licenses and rights to use the "Impact" Software and the Services shall terminate and you must remove the "Impact" Software from your computer equipment and dispose of all originals and copies of the "Impact" Software in your possession, and (ii) any remaining credit relating to the service will immediately be withdrawn and Global E-Network Limited shall be entitled to any and all credit remaining in lieu of any cancellation charges. No other charges shall be raised.
You agree that Global E-Network Limited, at its sole discretion, may terminate or suspend your password, account (or any part thereof) or use of the Services if "Impact" believes that you are using the service for illegal purposes. Further, you agree that Global E-Network Limited shall not be liable to you or any third-party for any termination of your access to the Services.
Your Representations and Warranties
You represent and warrant that you possess the legal right and ability to enter into this Agreement and to comply with its terms, (ii) you will use the "Impact" Software and Services for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies, (iii) you will not attempt to decompile, reverse engineer, duplicate or hack the "Impact" Software or the Network or that you will not use any automatic or manual device or process to interfere or attempt to interfere with the proper working of the "Impact" Software, Network or Services. You agree to use the Services for lawful purposes only. You are prohibited from posting on, or transmitting through, the Service any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, or other objectionable material of any kind, including, without limitation, material that encourages unlawful conduct. If Global E-Network Limited believes, at its sole discretion, that you have engaged in any of the foregoing conduct, Global E-Network Limited may immediately terminate the service and forward the offensive materials, any records of your communications through or with "Impact", and your personally identifiable information to the proper authorities for investigation or prosecution.
Indemnity
You agree to indemnify, hold harmless and defend Global E-Network Limited and its licensors, affiliates, parent companies, subsidiaries, officers, directors, employees, agents and network service providers at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable legal fees and other dispute resolution expenses) incurred by Global E-Network Limited arising out of or relating to your (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein, or (b) use or misuse of the "Impact" Software and/or Services.
Limitation of Liability
IN NO EVENT WILL Global E-Network Limited BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, DATA OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, SERVICES, NETWORK OR MATERIALS, OR ANY TRANSACTIONS PROVIDED IN RELATION TO THE SERVICE, EVEN IF Global E-Network Limited OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR SOFTWARE OR INFORMATION DOWNLOADED FROM THE INTERNET.
WARRANTIES AND DISCLAIMERSALL SERVICES AND MATERIALS PROVIDED ON THIS SITE ARE PROVIDED "AS IS". Global E-Network Limited DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SERVICES OR MATERIALS, ANY TRANSACTION PERFORMED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY, OR AS TO THE QUALITY OF THE CALL. Global E-Network Limited SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. Global E-Network Limited DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS OR INTERRUPTION NOR DOES Global E-Network Limited WARRANT ANY CONNECTION TO OR ANY TRANSMISSION OVER THE INTERNET OR THAT ANY DEFECTS IN THE SERVICES OR MATERIALS WILL BE CORRECTED. Global E-Network Limited DOES NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE AND ARE URGED TO IMPLEMENT SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, MATERIALS AND THE INTERNET.
NO WARRANTIES, OR LIMITED WARRANTIES, FOR DEVICES
If you purchased a hardware device new from Global E-Network Limited and the device included a limited warranty at the time of purchase, you must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties. If your device did not include a limited warranty from Global E-Network Limited at the time of purchase, you agree that you accept the device "as is" and that you are not entitled to replacement or refund in the event of any defect.
SOFTWARE
License Grant
Subject to the terms of this Agreement, Global E-Network Limited hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to download, install and use the "Impact" Software, including any online or enclosed documentation, data distributed to your computer for processing and any future programming fixes, updates and upgrades provided to you (collectively, the "Impact" Software") onto a computer for your sole use to install, interact with and utilise the "Impact" Software, including the content and features contained therein and the services and the Network related thereto ("Services"). The "Impact" Software may only be used in connection with the Services. As used herein, the term "Network" means the set of collective components used by Global E-Network Limited to provide the service. In order to receive the benefits provided by the "Impact" Software, you hereby grant permission for the "Impact" Software to utilise the processor and bandwidth of your computer for the limited purpose of facilitating the communication between other network components.
License Restrictions
Notwithstanding anything to the contrary, you may not: cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling or disassembling or hacking of the "Impact" Software, the Services or the Network; sell, assign, rent, lease, act as a service bureau, or grant rights in the "Impact" Software or Services, including, without limitation, through sublicense, to any other entity without the prior written consent of "Impact"; export or re-export the "Impact" Software in violation of United Kingdom export laws; use the "Impact" Software or Services for any commercial purpose or the benefit of any third party or charge any person for the use of the "Impact" Software; use the "Impact" Software or Services to, or in any way that would violate any applicable law, regulation or ordinance; collect any information or communication about the Network or users of the "Impact" Software or Services by monitoring, interdicting or intercepting any process of the "Impact" Software or the Network; and not use any type of virus, counter, worm, packet-sniffer, Trojan-horse or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorised access or that are designed to distort, delete, damage or disassemble the "Impact" Software, the Services or the Network.
The "Impact" Software and Services may be incorporated into, and may incorporate, technology, software and services owned and controlled by third parties. Use of such third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to Global E-Network Limited to enforce any of your rights. All modifications or enhancements to the "Impact" Software and Services remain the sole property of Global E-Network Limited. You understand that Global E-Network Limited, in its sole discretion, may modify or discontinue or suspend your right to access any of its Services or use any of the "Impact" Software at any time, and may at any time suspend or terminate any license hereunder and disable any "Impact" Software you may already have accessed or installed without prior notice. Global E-Network Limited reserves the right to add additional features or functions to the "Impact" Software. When installed on your computer, the "Impact" Software periodically communicates with "Impact" servers. You acknowledge and agree that Global E-Network Limited has no obligation to make available to you any subsequent versions of its software applications.
The "Impact" Software and Services contain confidential and trade secret information owned or licensed by Global E-Network Limited, and you agree to take reasonable steps at all times to protect and maintain the confidentiality of such information. The software that is made available is the copyrighted work of Global E-Network Limited and/or its suppliers and partners. Use of such software is governed by these Terms of Use.
EMERGENCY CALLS
BY ACCEPTING THE TERMS OF THIS END USER LICENSE AGREEMENT YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE "Impact" SERVICE DOES NOT AND IS NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY TYPE OF HOSPITALS, LAW ENFORCEMENT AGENCIES, MEDICAL CARE UNITS OR ANY TYPE OF EMERGENCY SERVICES OF ANY KIND AND THAT "Impact", ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND NETWORK SERVICE PROVIDERS ARE NOT NOR SHALL BE LIABLE IN ANY MANNER FOR SUCH CALLS.
PERSONAL INFORMATION AND PRIVACY
To learn about how Global E-Network Limited protects your personal information, refer to our Privacy Policy by clicking here. Please note that any non-personal information or material sent to Global E-Network Limited will generally be deemed NOT confidential.
NOTICES
Global E-Network Limited may modify these Terms of Use, the Privacy Policy and the End User License Agreement at any time by posting such modification on the Website and such modification shall be deemed effective immediately upon posting of the modified Agreement. Your continued access or use of the Service shall be deemed your acceptance of the modifications. Notice will be considered received by you, and such changes will become binding on you, on the date posted to the "Impact" Web Site and no further notice by global E-Network Limited is required. You agree to review these documents regularly as there may be modifications. Global E-Network Limited may also make changes to the Website, Materials, and/or Services at any time without notice.
Electronic Signatures
You acknowledge and agree that by clicking on the button labelled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by Global E-network Limited to download the "Impact" Software to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE "Impact" SOFTWARE OR SERVICES. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
GENERAL
You may not assign this Agreement or any rights hereunder. Nothing in this Agreement shall constitute a partnership or joint venture between you and Global E-Network Limited. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect. The failure of Global E-Network Limited at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom without regard to any conflict of law rules. Any legal proceeding arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of any court of the United Kingdom sitting in London and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Agreement and any related service agreements constitute the final, complete and exclusive agreement with respect to the "Impact" Software and Services and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. Global E-Network Limited may at its sole discretion assign this Agreement to a subsidiary or sister company, without giving prior notice.
Portions of this software are covered by GPL, LGPL and third party products where appropriate.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL THE "Impact" SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO Global E-Network Limited THE RIGHTS SET FORTH HEREIN
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