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.