From Ekiga
BY PRESSING THE 'I ACCEPT' BUTTON, YOU (HEREINAFTER THE 'USER') ARE
STATING THAT YOU AGREE TO ACCEPT AND BE BOUND BY ALL OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT. DO NOT PROCEED IF YOU ARE UNABLE TO AGREE
TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. THESE TERMS AND CONDITIONS
OF SERVICE FOR USE OF ekiga.net SIP SERVER (THE 'AGREEMENT')
CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN ekiga.net
AND THE ENTITY THAT AGREES TO AND ACCEPTS THESE TERMS AND CONDITIONS.
ACCESS TO ekiga.net's SESSION INITIATION PROTOCOL SERVER
('SIP SERVER') IS BEING PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS,
AND ekiga.net MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO USER'S ACCESS OF THE
SIP SERVER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER,
ekiga.net MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SIP
"SERVER, OR USER'S ACCESS THERETO, WILL BE AVAILABLE AT ANY GIVEN TIME,
OR WILL BE FREE FROM ERRORS, DEFECTS, OMISSIONS, INACCURACIES, OR FAILURES
OR DELAYS IN DELIVERY OF DATA. USER ASSUMES, AND ekiga.net
DISCLAIM, TOTAL RISK, RESPONSIBILITY, AND LIABILITY FOR USER'S ACCESS TO
AND USE OF THE SIP SERVER.
Access to ekiga.net SIP Server is being provided on a
non-exclusive basis. User acknowledges and understands that
ekiga.net SIP site is in a developmental stage and that
ekiga.net makes no guarantees regarding the availability or
functionality thereof. User may not sublicense its access rights to the
SIP Server to any third party. ekiga.net will not make information
used when subscribing available to third-parties.
USER AGREES TO INDEMNIFY, DEFEND AND HOLD ekiga.org, ITS AFFILIATES,
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS HARMLESS FROM AND
AGAINST ANY AND ALL CLAIMS, ACTIONS, EXPENSES, LOSSES, AND LIABILITIES
(INCLUDING COURTS COSTS AND REASONABLE ATTORNEYS' FEES),
ARISING FROM OR RELATING TO THIS AGREEMENT INCLUDING USER'S ACCESS TO
AND USE OF THE SIP SERVER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL ekiga.net OR ANY OF ITS LICENSORS, BE LIABLE
FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES,
ARISING OUT OF THE ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE
SIP SERVER, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN TRANSMISSION OR OPERATION OR
ANY FAILURE OF PERFORMANCE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
If User commits, in ekiga.net's sole determination, a default
of these terms and conditions, ekiga.net may immediately
terminate User's access to the SIP Server. Furthermore, ekiga.net
reserves the right to discontinue offering access to the SIP Server at any
time.
User may not assign its rights hereunder without the prior written
consent of ekiga.net. User agrees to comply with all laws,
regulations and other legal requirements that apply to these terms and
conditions.
If any provision of this Agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the extent necessary to
comply with applicable laws, and the remainder shall remain in full force
and effect.
Any failure of ekiga.net to enforce any provision of this
Agreement shall not constitute a waiver of any rights under such provision
or any other provision of this Agreement.
USER ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND
AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE ENTIRE
AGREEMENT BETWEEN COMPANY AND ekiga.net WITH RESPECT TO THE
SUBJECT MATTER HEREIN, AND SUPERSEDES ALL PRIOR AND CONTEMPORANEOUS
PROPOSALS, DISCUSSIONS, AGREEMENTS, UNDERSTANDINGS, AND COMMUNICATIONS,
WHETHER WRITTEN OR ORAL AND MAY BE AMENDED ONLY IN A WRITING EXECUTED BY
BOTH USER AND ekiga.net.
