Ekiga.net terms

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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.
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