This document represents a legally binding agreement between you (the "USER") and WebMessenger, Inc. (the "LICENSOR"), superceding all previous such agreements.
(1) Grant of License:
The Licensor grants you a non-exclusive license to use the SOFTWARE and accompanying materials including any documentation in accordance with the scope of grant.
(2) Disclaimer of warranty:
This software and all related documentation are provided on an "as is" basis. The Licensor make no warranties either express nor implied with respect to the software and/or its accompanying materials, including without limitation warranties of merchantability, fitness for a particular purpose and non-infringement. The Licensor does not warrant that the software will meet your requirements, or that the software will operate error-free, or that defects in the software will be corrected. In particular, any and all warranties, terms or conditions of merchantability, fitness for a particular purpose or non-infringement of third parties rights are expressly excluded. Further, the Licensor makes no representations, warranties, terms or conditions that the software and documentation provided are free of errors or that the software and documentation are suitable for your intended use.
(3) Limitation of Liability:
To the full extent allowed by law the Licensor also excludes for itself and its suppliers any liability, whether based in contract or tort (including negligence), for incidental, consequential, indirect, special, or punitive damages of any kind, or for loss of revenue or profits, loss of business, loss of information or data, or other financial loss arising out of or in connection with the sale, installation, maintenance, use, performance, failure, or interruption of this product, even if the Licensor or its authorized reseller has been advised of the possibility of such damages, and limits its liability to replacement of the software on new media, or refund of the purchase price paid, at the option of the Licensor.
(4) Upon downloading and installing the WebMessenger Mobile Platform application, the User understands and consents to the knowledge that WebMessenger server will be acting on User’s behalf in interacting with third party IM network.
(5) The User understands that there is no guarantee implied or otherwise that this service will continue to be provided for any length of time with or without payment of money for the service.
(6) The Licensor provides a free interoperability gateway for public IM networks AOL®, Yahoo!®, MSN® , ICQ® for which the Licensor does not guarantee a quality of service and the User/s may use them at their own risk.
(7) The User understands that Licensor charges for mobile-to-mobile services which require the use of Licensor’s data network and services and User may incur usage charges for data transfer. |
