Editing QIP Infium/EULA

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[http://qip.ru/info/legal.htm Источник]
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, <a href="http://www.khnojo.org/xe/?document_srl=116175">news</a>, [url="http://www.khnojo.org/xe/?document_srl=116175"]news[/url], http://www.khnojo.org/xe/?document_srl=116175 newscdw,
 
+
<PRE>
+
QIP End User License Agreement
+
 
+
October 31, 2005
+
 
+
This End User License Agreement ("EULA") is a legal agreement between
+
you (either an individual or a single entity) and the Author of QIP.
+
 
+
Please note that this EULA limits the Author of QIP's liability and the Author
+
of QIP does not provide warranties for the performance and functionality of
+
QIP. This EULA also limits your remedies.
+
 
+
QIP is intended for general audiences. You represent and warrant that you
+
have adequate legal capacity to enter into binding agreements such as
+
these Terms of Service. Note that the QIP is NOT for use by children
+
under 13 years of age. You represent and warrant that you are at least 13
+
years old.
+
 
+
Please read this EULA carefully and be sure that you understand it.
+
 
+
You must review and either accept or reject the terms of this EULA before
+
installing or using QIP. By clicking the "I ACCEPT" button or "I AGREE"
+
button or installing or using QIP, you acknowledge that you have read all
+
of the terms and conditions of this EULA, understand them and agree to
+
be legally bound by them. If you do not wish to be bound by this EULA,
+
you may DISCONTINUE using QIP. YOU CANNOT USE QIP UNTIL YOU
+
HAVE ACCEPTED THIS EULA.
+
 
+
This EULA shall apply to any use of any version of QIP, if any QIP EULA is
+
not marked with a more recent date than this EULA.
+
 
+
THE CONCEPT OF QIP. QIP is an unique closed source computer
+
program for immediate cross-Internet communication. QIP is created and
+
developed by the Author of QIP and first released in April 2005. The
+
acronym QIP stands for "QUIET INTERNET PAGER".
+
 
+
You understand that QIP may not be consistent across all platforms and
+
devices and some features offered by QIP may vary depending on your
+
computer and other equipment. Versions of QIP exist for PCs only.
+
 
+
The BASIC FUNCTIONALITY of QIP enables its users to see who else is
+
online and available and then easily contact them with text messages in
+
real time sent through a public server. There are many more features in
+
QIP catering to the very basic needs of people to interact.
+
 
+
QIP supports enabling a file transfer feature. The Author of QIP considers
+
that peer-to-peer way of communicating jeopardizes the security of the
+
communication. In a sense not peer-to-peer way of communicating has
+
proven to be more secure than peer-to-peer way of communicating. You
+
acknowledge that, as with most Internet applications, there are certain
+
risks associated with accepting or downloading files through QIP. Such
+
risks include but are not limited to (1) damage to your computer, (2)
+
damage to any data or files stored on your computer, (3) other users
+
viewing your IP address, and (4) files you share with other users being
+
redistributed and used without your knowledge. If you do not wish to be
+
subjected to these risks, you are advised not to enable and use the file
+
transfer feature.
+
 
+
The Author of QIP appeals for enabling users of different networks to
+
interoperate. The Author of QIP takes into consideration the fact that some
+
THIRD PARTIES have taken it upon themselves to develop and host their
+
own networks and servers operating under the supported by QIP protocol
+
for immediate cross-Internet communication or an alternative protocol. The
+
Author of QIP hopes that those THIRD PARTIES will convince enough of
+
the immediate cross-Internet communication clients-using community to
+
switch the preferences in their client software to utilize these new server
+
addresses. Thus those THIRD PARTIES could move a rather large
+
segment of people off of some large companies' networks, thus causing
+
those large companies to rethink their strategy and potentially forcing them
+
to link their networks to these public networks and servers.
+
 
+
QIP is designed to be a successful solution that enables its users to
+
efficiently deploy immediate cross-Internet communication, and most
+
importantly to connect to public servers for immediate cross-Internet
+
communication which are developed and hosted by THIRD PARTIES
+
who share the idea of enabling users of different networks to interoperate.
+
 
+
TRANSLATION. The Author of QIP may offer localized and translated
+
versions of QIP or of this EULA. The Author of QIP is not necessarily the
+
author of the translation.
+
 
+
You are aware that any non-English text provided, whether during the
+
installation process, in any of the QIP dialogs is a translation of the original
+
English text, and is provided for convenience only. The translated text may
+
be incomplete or inaccurate. The Author of QIP does not warrant or
+
guarantee the accuracy, correctness or completeness of the translation. In
+
the event of any inconsistency between the translated text and the original
+
English text, the English text shall prevail.
+
 
+
OWNERSHIP. QIP is licensed, not sold. You acknowledge that QIP is the
+
property of the Author of QIP. Title to each copy of QIP and all related
+
intellectual property rights embodied in or represented by QIP will remain
+
with the Author of QIP at all times, as will all other rights not explicitly
+
granted to you under this EULA.
+
 
+
LICENSE GRANT. This EULA grants you the following rights, free of
+
charge:
+
 
+
(a) The Author of QIP grants you a perpetual, personal, non-exclusive,
+
non-transferable limited license to install and use QIP in object code form
+
on any computer or device from which you wish to access the public
+
servers developed and hosted by THIRD PARTIES who share the idea of
+
enabling users of different networks to interoperate, and to use QIP for the
+
sole and exclusive purposes of connecting to and using the above
+
mentioned servers in accordance with this EULA.
+
 
+
QIP is provided to you on an "AS IS" basis, for your private personal use
+
only, subject to the terms and conditions of this EULA.
+
 
+
(b) You grant the Author of QIP an unrestricted, royalty-free right to use all
+
feedback you report to the Author of QIP. Any comments or materials sent
+
to the Author of QIP including feedback data, such as questions,
+
comments, suggestions, or the like regarding QIP (collectively
+
"Feedback"), will be deemed to be non-confidential. The Author of QIP will
+
have no obligation of any kind with respect to Feedback and will be free to
+
reproduce, use, disclose, exhibit, display, transform, create derivative
+
works, and distribute the Feedback to others without limitation. Further, the
+
Author of QIP will be free to use any ideas, concepts, know-how or
+
techniques contained in Feedback for any purpose, including but not
+
limited to correcting and/or enhancing QIP.
+
 
+
RESTRICTIONS AND LIMITATIONS. You agree to comply with the
+
following restrictions and limitations:
+
 
+
You may not sub-license, or charge others to use QIP without first
+
obtaining written permission from the Author of QIP. You may not sell,
+
assign, grant a security interest in or otherwise transfer any right in QIP or
+
incorporate it (or any portion of it) into another product. You may not
+
translate, reverse-engineer or reverse-compile or decompile, disassemble,
+
make derivative works from, or otherwise attempt to discover any source
+
code in QIP. You may not modify QIP or use it in any way not expressly
+
authorized by these EULA. You may not obtain the communications
+
protocol used by QIP for accessing the above mentioned servers or any
+
other servers. You may not alter or remove any copyright, trademark,
+
patent, or other protective notices contained in or on QIP.
+
 
+
You further agree to abide by all laws and regulations in effect regarding
+
your use of QIP, and you agree to indemnify the Author of QIP for any
+
damages incurred as a result of a violation of this section.
+
 
+
You may not authorize or assist any third party to do any of the things
+
described in this paragraph.
+
 
+
QIP will NOT automatically update and upgrade itself when it is launched,
+
if an upgrade or update of QIP is available. You may continue, if
+
technically possible, to use prior versions of QIP after QIP is updated or
+
upgraded.
+
 
+
ACCEPTABLE USE. The Author of QIP strongly believes in people
+
communication and in the freedom of expression as long as legal or moral
+
accepted standards are not crossed.
+
 
+
You represent and warrant that you will use QIP ONLY FOR LAWFUL
+
PURPOSES and in accordance with this EULA, and that you will not use
+
QIP to violate any law, regulation or ordinance or any right of the Author of
+
QIP or of any THIRD PARTY, including, without limitation, any right of
+
privacy, publicity, copyright, patent or trademark.
+
 
+
Through QIP you may NOT (1) enter user details of another person with
+
the intention of impersonating that person, (2) enter details, information or
+
materials in violation of the intellectual property rights of any person, or (3)
+
send unsolicited bulk text messages or symbols.
+
 
+
You may NOT transmit through QIP any file, message or symbol that (1)
+
violates or infringes in any way upon the rights of others, (2) is unlawful,
+
threatening, abusive, defamatory, invasive of privacy or publicity rights,
+
vulgar, obscene, profane, indecent or otherwise objectionable, (3)
+
encourages conduct that would constitute a criminal offense, (4) gives rise
+
to civil liability, (5) contains a virus, worm, Trojan horse or other harmful
+
code, or (6) otherwise violates any law. You also may not undertake any
+
conduct that restricts or inhibits any other user from using or enjoying QIP
+
or any THIRD PARTIES' Services. You agree to indemnify the Author of
+
QIP for any damages incurred as a result of a violation of this section.
+
 
+
You further agree not to use QIP nor any other software or application to
+
attempt to override the privacy and security features of QIP including
+
without limitation for spoofing, sniffing, eavesdropping, imposturing,
+
flooding or spamming other users, breaking passwords, harassment, fraud,
+
forgery, electronic trespassing, tampering, hacking, nuking, system
+
contamination including without limitation use of viruses, worms and trojan
+
horses causing unauthorized damaging or harmful access and/or retrieval
+
of information and data.
+
 
+
The Author of QIP has no practical ability to restrict all conduct,
+
communications or content which might violate this EULA. The Author of
+
QIP has no control whatsoever over the information shared between
+
users. The Author of QIP is not technically capable to monitor and
+
therefore, the Author of QIP does not monitor the content available
+
through QIP, to determine compliance with this EULA. You will remain
+
solely responsible for the content of your messages and files. It is solely
+
your responsibility to evaluate the quality, adequacy, accuracy,
+
completeness, currentness, validity and usefulness of all the information,
+
files and data obtained or accessible through QIP. You agree that the
+
Author of QIP is not responsible, and shall have no liability to you or
+
anyone else, for any information, file, data or material obtained through or
+
accessible through QIP, including defamatory, offensive, or illicit
+
information, file, data or material, and that the risk of damage from such
+
information, file,  data or material rests entirely with you. You agree to
+
indemnify the Author of QIP, and to hold him harmless, from any and all
+
losses, claims and liabilities (including attorneys fees) which may arise from
+
your use of QIP or any information, file, data or material obtained through or
+
accessible through QIP, or from your breach of this EULA. You undertake
+
to satisfy yourself of the risks involved and acknowledge that the
+
information and files shared between users may contain technically harmful
+
data and/or programmes (including without limitation computer viruses,
+
logic bombs, Trojan horses, worms, harmful components, corrupted data or
+
other malicious software or harmful data) and may, amongst other things,
+
cause harm to your computer, your network and/or any programs on each.
+
 
+
You agree NOT to attempt to penetrate security measures of THIRD
+
PARTIES' servers, services and networks, whether or not the intrusion
+
results in corruption or loss of data.
+
 
+
The access to some THIRD PARTIES' servers, services and networks is
+
provided by the THIRD PARTIES as a convenience. QIP users and those
+
wishing to contact QIP users are granted limited access to some THIRD
+
PARTIES' servers, services and networks' various directories, databases
+
and listings solely for the purpose of allowing more convenient personal
+
communications. Any unlawful use of or any unlawful attempt to access
+
through QIP any THIRD PARTIES' servers, services and networks'
+
various directories, databases and listings is strongly prohibited.
+
 
+
You acknowledge that you are expressly prohibited from utilizing QIP in
+
connection with data mining of any kind, harvesting or otherwise collecting
+
information about others, including e-mail addresses, commercial use, the
+
sending of unsolicited messages, whether commercial or not, to a large
+
number of recipients.
+
 
+
A message is unsolicited if it is sent to a recipient who has not requested or
+
invited the message.
+
 
+
You shall not transmit through QIP any file or material protected by
+
copyright, trademark or other proprietary right without the express
+
permission of the owner of the copyright, trademark or other proprietary
+
right. You are responsible for determining whether copyright, trademark or
+
other proprietary right protects such material or file. You shall be solely
+
liable for any damages resulting from any infringement of copyright,
+
trademark or other proprietary right, or any other harm resulting from any
+
transmitting.
+
 
+
PRIVACY POLICY. The Author of QIP collects both personally identifiable
+
and non-personally identifiable information in connection with your use of
+
the Website of the Author of QIP www.qip.ru . Neither the Author of QIP,
+
nor QIP collects or uses in any way any form of personal or interpersonal
+
information in connection with your use of QIP. The Author of QIP is not
+
technically capable to monitor your communications and the content of
+
your communications performed through QIP.
+
 
+
You agree that the Author of QIP may disclose to third parties without your
+
permission information about the total number of downloads of QIP.
+
 
+
By your use of QIP you agree and acknowledge that the details you elect
+
to post on the various THIRD PARTIES' servers, services and networks
+
during registration procedures or thereafter, including during use of THIRD
+
PARTIES' servers, services and networks, are generally available and
+
freely accessible to Internet users and the public.
+
 
+
The Author of QIP is not responsible for any information, including without
+
limitation users' personal data, user posted web site material, users' "White
+
Pages" postings, submitted through QIP or residing on THIRD PARTIES'
+
servers.
+
 
+
MAINTENANCE AND SUPPORT. You understand that your use of QIP is
+
at your own risk and that the Author of QIP provides no assistance other
+
than the information posted on the Author of QIP's web site located at
+
http://www.qip.ru . The Author of QIP is under no obligation to provide
+
you with any error corrections, updates, upgrades, bug fixes and/or
+
enhancements of QIP.
+
 
+
THIRD PARTIES' SERVICES, SERVERS AND NETWORKS. QIP
+
technically enables connecting to THIRD PARTIES' SERVICES,
+
SERVERS and NETWORKS.
+
 
+
The use of the THIRD PARTIES' SERVICES, SERVERS and
+
NETWORKS may require the respective THIRD PARTIES' consent.
+
Please consult the license agreements associated with the THIRD
+
PARTIES' SERVICES, SERVERS and NETWORKS or contact the
+
THIRD PARTIES regarding permitted uses of their SERVICES, SERVERS
+
and NETWORKS. The Author of QIP assumes NO responsibility for any
+
failure of yours to comply with the THIRD PARTIES' terms of service.
+
 
+
The THIRD PARTIES' SERVICES, SERVERS and NETWORKS are
+
NOT controlled by the Author of QIP in any way.
+
 
+
The Author of QIP does not represent and warrant that any access and
+
use of THIRD PARTIES' SERVICES, SERVERS and NETWORKS
+
through QIP will be compatible, uninterrupted, error free, without defects or
+
that you will be able to access the THIRD PARTIES' SERVICES,
+
SERVERS and NETWORKS at all times and locations of your choosing.
+
The Author of QIP assumes NO responsibility for the performance,
+
availability, functionality, quality, or reliability of the THIRD PARTIES'
+
SERVICES, SERVERS and NETWORKS or that the THIRD PARTIES'
+
SERVICES, SERVERS and NETWORKS are error free, will operate in an
+
uninterrupted manner, are completely secure, or will interoperate with QIP
+
users. You also agree that the Author of QIP is under no obligation to
+
provide you with any error corrections, updates, upgrades, fixes and/or
+
enhancements to make THIRD PARTIES' SERVICES, SERVERS and
+
NETWORKS accessible through QIP. The Author of QIP is under no
+
obligation to provide MAINTENANCE AND SUPPORT of the THIRD
+
PARTIES' SERVICES, SERVERS and NETWORKS. The Author of QIP is
+
not responsible for any failure or delay in sending of any information, data
+
or file through QIP and/or through THIRD PARTIES' SERVICES,
+
SERVERS and NETWORKS. Notwithstanding anything herein, the Author
+
of QIP does not warrant or guarantee that the information, , data or file
+
sent, relayed, carried or delivered through THIRD PARTIES' SERVERS
+
and/or NETWORKS will reach its destination, or its correct address or
+
recipient, or that the details of the recipient or sender are correct or
+
accurate. The Author of QIP shall not be responsible for reliability of any of
+
the information, data or file sent, delivered, relayed, carried or received
+
through the THIRD PARTIES' SERVERS and NETWORKS.
+
 
+
Under no circumstances shall the Author of QIP be held responsible or
+
liable, directly or indirectly, for any loss or damage caused or alleged to
+
have been caused to you in connection with the use of or reliance on any
+
content, goods or services available on any THIRD PARTIES' SERVERS
+
and NETWORKS. You should direct any concerns to the administrator or
+
webmaster of such THIRD PARTIES' SERVICES, SERVERS and
+
NETWORKS.
+
 
+
You agree that the THIRD PARTIES are permitted to limit, deny, create
+
different priorities for different users, update or cancel some or all of the
+
functionality of their services at any time, without prior notice.
+
 
+
The THIRD PARTIES' Services or any part thereof including without
+
limitation, the access to the THIRD PARTIES' Services granted to you or
+
to any other user and the availability and functionality of any THIRD
+
PARTIES' feature and function, including without limitation THIRD
+
PARTIES' applications, may be changed, updated, added to, limited or
+
terminated, at any time, temporarily or permanently, without notice, for any
+
reason or no reason by the THIRD PARTIES in their sole discretion
+
("Changes of Functionality"). The THIRD PARTIES may introduce or grant
+
different grades of service and listings policies, different levels of access or
+
no access at all and different priorities to different users or to different
+
functions, or to users of different versions of QIP, or introduce and add
+
new features in the current or in any future THIRD PARTIES' Services,
+
that may cause functionality change, limitation or termination of, or addition
+
to, the functionality of features in earlier versions of QIP still in use ("Grant
+
of Different Services"), at any time without notice, at their sole discretion.
+
You agree to bear the risks of and hold the Author of QIP harmless for any
+
and all effects that the Changes of Functionality and Grant of Different
+
Services may have on you and your ability to use QIP and the THIRD
+
PARTIES' Services, in whole or in part, for communicating with third
+
parties or their ability to communicate with you.
+
 
+
You are solely responsible for your dealings with any third parties.
+
 
+
SECURITY AND PRIVACY LIMITATIONS. You acknowledge that you are
+
aware of security and privacy limitations in the THIRD PARTIES' Services
+
including the limitation of security, privacy and authentication measures
+
and features.
+
 
+
You acknowledge that you are aware that by using QIP to access THIRD
+
PARTIES' servers, services and networks, you may be subject to
+
VARIOUS RISKS, including among others:
+
 
+
- Exposure to objectionable material and/or parties, including without
+
limitation, malicious codes.
+
 
+
- Unauthorized invasion of your privacy
+
 
+
- Spoofing, eavesdropping, sniffing, spamming, breaking passwords,
+
harassment, fraud, forgery, "imposturing", electronic trespassing,
+
tampering, hacking, flooding, spamming, nuking, system contamination
+
including without limitation use of viruses, worms and trojan horses causing
+
unauthorized, damaging or harmful access and/or retrieval of information
+
and data on your computer and other forms of activity that may even be
+
considered unlawful.
+
 
+
- Unauthorized exposure of information and material you sent, through QIP
+
to other users, the general public or any other specific entities for which
+
the information and material was not intended by you.
+
 
+
IF YOU DO NOT WISH TO BE SUBJECTED TO THESE RISKS, YOU
+
ARE ADVISED NOT TO USE QIP.
+
 
+
Please note that in each and every Internet application, the IP address of
+
the sender can be extracted by any party to the communication session
+
using certain software and/or hardware. Also note that utilizing QIP does
+
not guarantee a complete non-exposure of your IP address.
+
 
+
IMPORTANT NOTICE. The terms "ICQ", "UIN", "AIM", "SCREENNAME",
+
"SN" or any other term related to ICQ, AOL Instant Messenger (AIM) and
+
America Online (AOL) may be available in some dialogs of QIP. QIP is a
+
client that technically enables connecting by a certain category of users to
+
AIM services, servers and network and to ICQ services, servers and
+
network.
+
 
+
At the present time under the current AIM Terms of Service "You may
+
access AIM Products only through the interfaces and protocols provided
+
or authorized by AOL." Under the current AIM Terms of Service "You
+
agree that you will not access AIM Products through unauthorized means,
+
such as unlicensed software clients, and that you will only use AIM
+
Products in conjunction with AOL authorized products and components."
+
 
+
At the present time under the current ICQ Privacy Policy "Use of the ICQ
+
software, the ICQ network, system, Web site, servers, various directories
+
and listings, message boards, tools, information and databases,
+
Commercial Activities related thereto or any part thereof ("ICQ Services
+
and Information") is subject to the terms and conditions of the license
+
agreement that accompanied the ICQ software ("Software") or any
+
updates thereof ("License Agreement") as well as to the ICQ Privacy
+
Policy, Acceptable Use Policy, Usage Notice and any other applicable
+
terms of service document all available on or through www.icq.com/legal/
+
(the "ICQ Terms of Service")." At the present time under the current ICQ
+
End User License Agreement "You agree not to (1) create or use any
+
software other than the Software provided by ICQ or by America Online,
+
Inc., or any affiliate thereof, to enter your ICQ number and password or to
+
access the ICQ Services, without the express written authorization of ICQ."
+
 
+
Under the law, AOL has no actual requirement to permit outside parties
+
from accessing its privately-funded, privately-operated servers. As long as
+
AOL's policy is to block third parties' clients from the utilization of its
+
servers, YOU AGREE NOT TO USE QIP TO ACCESS AOL SERVICES,
+
SERVERS AND NETWORK. As long as AOL's policy is to block third
+
parties' clients from the utilization of its servers, you acknowledge that
+
accessing AOL services, servers and network through unauthorized
+
means, such as unlicensed software clients (including QIP as long as it is a
+
client not authorized by AOL ) is AT YOUR OWN RISK and constitutes a
+
breach of the respective Instant Messenger's Terms of Service- either the
+
Terms of Service of AIM, or the Terms of Service of ICQ, depending on
+
which network you access through unauthorized means.
+
 
+
The Author of QIP assumes NO RESPONSIBILITY for ANY ACTS of
+
accessing or attempts to access through QIP AOL services, servers and
+
network or ANY OTHER THIRD PARTIES' SERVICES, SERVERS and
+
NETWORKS, if those THIRD PARTIES consider QIP a not authorized
+
software for access of their SERVICES, SERVERS and NETWORKS.
+
YOU AGREE NOT TO USE QIP TO ACCESS THIRD PARTIES
+
SERVICES, SERVERS and NETWORKS, if those THIRD PARTIES
+
consider QIP a not authorized software for access of their SERVICES,
+
SERVERS and NETWORKS.
+
 
+
QIP and the Author of QIP are IN NO WAY AFFILIATED WITH OR
+
ENDORSED BY America Online, Inc. or ICQ, Inc. The marks AOL and
+
AIM are registered trademarks of America Online, Inc. The marks Instant
+
Messenger and AOL Instant Messenger are service marks of America
+
Online, Inc. ICQ, THE FLOWER LOGO, THE ICQ NETWORK and/or
+
other ICQ products referenced in ICQ Terms of Service are trademarks
+
and/or servicemarks of ICQ. No license is granted to you by the Author of
+
QIP, either expressly or implicitly, to use any trademark, servicemark,
+
names, or logos of ICQ, including ICQ and the flower logo. ICQ owns all
+
intellectual property in the ICQ Services and the proprietary ICQ
+
databases, including but not limited to ICQ components and algorithms,
+
and access to the ICQ Services' server complex. The access to the ICQ
+
Services and Networks is subject of the ICQ Terms of Service available on
+
or through http://www.icq.com/legal/ .
+
 
+
You agree NOT to use tools (including skins, icons) designed for QIP
+
which contain a unitary composite mark involving a trademark or graphics,
+
images, illustrations which are a property of a third party without the prior
+
written approval of its owner.
+
 
+
USER IDs AND PASSWORDS. QIP is a client that technically enables
+
connecting to various THIRD PARTIES' SERVICES, SERVERS and
+
NETWORKS You are solely responsible for maintaining the confidentiality
+
and security of your user IDs and passwords registered on THIRD
+
PARTIES' SERVERS. You are solely responsible and liable for any and all
+
use of your user IDs and passwords and for activities that occur on or
+
through your accounts. You agree to notify the respective THIRD
+
PARTIES immediately about any unauthorized access to or use of any of
+
your accounts. The Author of QIP cannot and will not be liable for any loss
+
or damage arising from your failure to comply with the above provisions.
+
 
+
DISCLAIMER OF WARRANTIES. QIP IS PROVIDED ON AN "AS IS",
+
"WITH ALL FAULTS", "AS AVAILABLE" BASIS. THE AUTHOR OF QIP
+
MAKES NO AND HEREBY SPECIFICALLY DISCLAIMS ALL
+
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
+
LIMITATION, THOSE OF MERCHANTABILITY, NON INFRINGEMENT
+
AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO
+
QIP OR ANY INFORMATION, FILE OR DATA SENT, DELIVERED OR
+
RECEIVED BY USERS THROUGH QIP, UNLESS SUCH WARRANTIES
+
ARE LEGALLY INCAPABLE OF EXCLUSION.
+
 
+
THE AUTHOR OF QIP DOES NOT WARRANT, GUARANTEE OR
+
MAKE ANY REPRESENTATIONS REGARDING THE USE,
+
AVAILABILITY, RELIABILITY OR THE RESULTS OF THE USE OF QIP
+
AND THE ACCESS TO THE THIRD PARTIES' SERVERS, OR THE
+
INFORMATION PROVIDED IN THE VARIOUS THIRD PARTIES'
+
DIRECTORIES, LISTINGS AND DATABASES IN TERMS OF THE
+
ACCURACY, RELIABILITY, QUALITY, VALIDITY, STABILITY,
+
COMPLETENESS, CURRENTNESS, OR OTHERWISE OF THEIR
+
CONTENTS, UNLESS SUCH WARRANTIES ARE LEGALLY
+
INCAPABLE OF EXCLUSION. THE ENTIRE RISK AS TO THE
+
RESULTS AND PERFORMANCE OF QIP AND ACCESS TO THE THIRD
+
PARTIES' SERVERS OR THE VARIOUS THIRD PARTIES'
+
DIRECTORIES AND LISTINGS DATA, IS ASSUMED BY YOU.
+
 
+
THE AUTHOR OF QIP ASSUMES NO RESPONSIBILITY FOR THE
+
SECURITY, PROPRIETY OR COPYIGHT COMPLIANCE OF ANY
+
CONTENT EXCHANGED USING QIP. DO NOT USE QIP FOR
+
"MISSION CRITICAL" OR "CONTENT SENSITIVE" APPLICATIONS
+
AND PURPOSES. FOR THE PURPOSE OF THIS SECTION "MISSION
+
CRITICAL" APPLICATIONS AND PURPOSES SHALL MEAN
+
APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE;
+
"CONTENT SENSITIVE" SHALL MEAN ANY INFORMATION, FILE OR
+
DATA YOU DO NOT WISH TO BE FREELY ACCESSIBLE AND
+
GENERALLY AVAILABLE TO INTERNET USERS. QIP IS NOT
+
DESIGNED OR MANUFACTURED FOR USE IN HAZARDOUS
+
ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS
+
IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
+
NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC
+
CONTROL, DIRECT LIFE SUPPORT SYSTEMS, OR WEAPON OR
+
COMBAT SYSTEMS, IN WHICH THEIR FAILURE COULD LEAD
+
DIRECTLY TO PERSONAL INJURY, DEATH, OR PROPERTY OR
+
ENVIRONMENTAL DAMAGE. THE AUTHOR OF QIP DISCLAIMS ANY
+
EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH USES.
+
 
+
LIMITED LIABILITY. IN NO EVENT WILL THE AUTHOR OF QIP BE
+
LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE,
+
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
+
NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS,
+
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
+
INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING
+
IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR
+
INABILITY TO USE QIP, THE THIRD PARTIES' NETWORK,
+
SERVICES, VARIOUS DIRECTORIES AND LISTINGS OR ANY OTHER
+
'INFORMATION', EVEN IF THE AUTHOR OF QIP SHALL HAVE BEEN
+
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
+
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
+
TORT, OR OTHERWISE; FOR ANY CLAIM ATTRIBUTABLE TO
+
DELAYS, ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR
+
DESTRUCTIVE PROPERTIES OF ANY INFORMATION; FOR THE
+
TRANSMISSION OR DELIVERY OF ALL OR ANY PART OF ANY
+
INFORMATION, FOR ANY DAMAGE ARISING THEREFROM OR
+
OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM
+
THE USE OF THE INFORMATION; OR IF ANY INFORMATION
+
INFECTS OR CONTAMINATES A USER'S SYSTEM OR INFORMATION.
+
SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR
+
LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND
+
LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE
+
EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY SET
+
FORTH IN THIS EULA IS UNENFORCEABLE UNDER APPLICABLE
+
LAW, THE AUTHOR OF QIP'S AGGREGATE LIABILITY WILL BE
+
LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF
+
ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
+
 
+
In no event will the Author of QIP 's liability with respect to this EULA
+
exceed the average monthly access fee paid by you to your local
+
telephone company or communication provider, solely and specifically for
+
access to the THIRD PARTIES' Services THROUGH QIP.
+
 
+
The entire risk as to the quality and performance of QIP, and the
+
accuracy, adequacy, completeness, correctness, validity and quality
+
thereof or of any other information or file obtained or sent through QIP is
+
with the user.
+
 
+
The Author of QIP is not responsible or liable for any incompatibility
+
between any version of QIP and your software and hardware.
+
 
+
IF YOU ARE DISSATISFIED WITH QIP, YOU DO NOT AGREE WITH
+
ANY PART OF THIS EULA, OR YOU HAVE ANY OTHER DISPUTE OR
+
CLAIM WITH OR AGAINST THE AUTHOR OF QIP WITH RESPECT TO
+
THIS EULA OR QIP, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS
+
TO DISCONTINUE USING QIP.
+
 
+
CHARGING POLICIES. The Author of QIP declares that all QIP versions
+
are provided to you free of charge. If you install or use any version of QIP,
+
your use of that version of QIP is under the terms of the EULA that is
+
presented to you for acceptance. In any case you cannot use any version
+
of QIP until you have accepted the then-current QIP EULA. Note that the
+
access to certain THIRD PARTIES' services, servers and networks may
+
be not free of charge. Any telephone or other communications charges
+
incurred by you to access the THIRD PARTIES services, servers and
+
networks through QIP or the website of the Author of QIP at www.qip.ru
+
are your responsibility. Since these charges are your responsibility, you
+
should contact your local telephone company or communication provider if
+
you have a question about whether your access carries any long distance
+
charges or other toll charges from your location.
+
 
+
RIGHTS AND REMEDIES. You agree that this EULA is not intended to
+
confer and does not confer any rights or remedies upon any person other
+
than the parties to this EULA. You also understand and agree that the QIP
+
EULA, including the Author of QIP's enforcement of those terms and
+
services, are not intended to confer, and do not confer, any rights or
+
remedies upon any person other than the Author of QIP.
+
 
+
 
+
 
+
You acknowledge that QIP contains the Author of QIP's proprietary and
+
confidential information, and that disclosure of such information or misuse
+
of QIP will give rise to irreparable injury to the Author of QIP, inadequately
+
compensable in damages. You acknowledge that the THIRD PARTIES'
+
Services contain the respective THIRD PARTIES' proprietary and
+
confidential information, and that disclosure of such information or misuse
+
of the THIRD PARTIES' Services will give rise to irreparable injury to the
+
THIRD PARTIES, inadequately compensable in damages. Accordingly,
+
the Author of QIP and/or the THIRD PARTIES may seek and obtain
+
injunctive relief against such disclosure or misuse or threatened such
+
disclosure or misuse, in addition to any other legal remedies that may be
+
available.
+
 
+
TERM AND TERMINATION. The term of this EULA will commence upon
+
installation or use of QIP and continue indefinitely, unless you and the
+
Author of QIP enter into a new agreement that entirely replaces this EULA,
+
or unless the Author of QIP or you terminate this EULA as provided herein.
+
 
+
Without prejudice to any other rights, the Author of QIP may terminate this
+
EULA if you fail to comply with its terms and conditions. The Author of QIP
+
may in his sole discretion terminate this EULA at any time, and without
+
notice to you, in the event that you are or the Author of QIP suspects that
+
you are in breach of any of the terms of the EULA including, without
+
limitation, infringing any Intellectual Property Rights of any third party.
+
 
+
You may terminate this EULA at any time by destroying ALL COPIES OF
+
QIP AND ALL OF ITS COMPONENT PARTS.
+
 
+
The provisions of this EULA addressing onwership, intellectual property,
+
restrictions on use, disclaimers of representations and warranties, indemnity
+
obligations, and governing law shall survive the termination of this EULA
+
and your use of QIP.
+
 
+
Without prejudice to any other rights that the Author of QIP may have
+
under any applicable law, you acknowledge and agree that damages
+
alone would not be an adequate remedy for any breach by you of the
+
provisions of this EULA and that accordingly the Author of QIP shall be
+
entitled, without proof of special damages, to the remedies of injunction,
+
specific performance or other equitable relief for any threatened or actual
+
breach of the provisions of this EULA.
+
 
+
SEVERABILITY. If any provision of this EULA is declared to be
+
unenforceable for any reason, the remainder of this EULA will continue in
+
full force and effect, and the unenforceable provision will be deemed
+
modified to the extent necessary to comply with the applicable
+
requirements of law, while retaining to the maximum extent permitted by law
+
its intended effect and scope.
+
 
+
WAIVER. No delay or omission by either party to exercise any right or
+
power arising upon the other party's nonperformance or breach will impair
+
that right or power or be construed as a waiver of it. Any waiver must be in
+
writing and signed by the waiving party. A waiver on one occasion will not
+
be construed as a waiver of any subsequent event of nonperformance or
+
breach.
+
 
+
TRANSFER OF RIGHTS. The Author of QIP may transfer, assign
+
sublicense or pledge in any manner whatsoever, any of his rights and
+
obligations under this EULA to any third party whatsoever, without notifying
+
you or receiving your consent. You shall not transfer, assign, delegate,
+
sublicense nor pledge in any manner whatsoever, any of your rights or
+
obligations under this EULA. Any attempt by you to do so is void. Instead,
+
you may discontinue using QIP.
+
 
+
CHANGES TO AGREEMENT. The Author of QIP may change, from time
+
to time, the QIP EULA with or without a release of a new version of QIP.
+
Each time you use any version of QIP, you reaffirm your acceptance of the
+
then-current EULA. Subject to the foregoing, you further agree to be
+
bound by the provisions of the then-current EULA available on the Author
+
of QIP's website at www.qip.ru/legal , if such EULA is marked with a more
+
recent date than that on the EULA that accompanies your Software.
+
 
+
NOTICES AND WARNINGS. You acknowledge that the various notes,
+
notices and warnings available on the Author of QIP's website at
+
http://www.qip.ru/, are provided as a convenience only. The inclusion of
+
such does not constitute an obligation on the Author of QIP to provide
+
such notes, notices and warnings in other places or features of the Author
+
of QIP's website at http://www.qip.ru/.
+
 
+
GOVERNING LAW. The interpretation and performance of this EULA will
+
be governed in all respects by the laws of the Russian Federation,
+
excluding its conflicts-of-law rules. Please note that your use of the THIRD
+
PARTIES' service, servers and networks may be subject to other local,
+
state, national, and international laws. The parties expressly agree that the
+
United Nations Convention on Contracts for the International Sale of
+
Goods will not apply to this EULA.
+
 
+
Each of the parties irrevocably consents to the exclusive personal
+
jurisdiction of the courts located in the Russian Federation, for any matter
+
arising out of or relating to this EULA. Any litigation arising under or related
+
to this EULA will be brought only to the courts located in the Russian
+
Federation. You cannot revoke your consent to the exclusive personal
+
jurisdiction of the courts located in the Russian federation, for any matter
+
arising out of or relating to this EULA.
+
 
+
You hereby submit to the personal jurisdiction of these courts and waive all
+
objections to placing venue exclusively before them. The prevailing party
+
in any litigation arising under or related to this EULA, in addition to any
+
other relief granted to it, will be entitled to recover from the losing party its
+
reasonable attorneys' fees and costs incurred in connection with the
+
litigation.
+
 
+
EXPORT CONTROL. You agree to abide by all Russian and other
+
applicable export control laws and regulations of governmental bodies and
+
agencies and not to export, re-export or otherwise transfer, by electronic
+
transmission or otherwise, any content subject to restrictions under such
+
laws to a national destination prohibited under such laws or to any person
+
to whom exports, re-exports or transfers are prohibited under such laws,
+
without first obtaining, and then complying with, any requisite government
+
authorization. You further agree not to send or obtain through QIP any
+
data that cannot be exported without prior written government
+
authorization, including, but not limited to, certain types of encryptions.
+
 
+
 
+
 
+
SECTION TITLES. The section titles in this EULA are for convenience
+
only and have no legal or contractual effect.
+
 
+
 
+
 
+
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA,
+
UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND
+
CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE
+
AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE
+
AUTHOR OF QIP AND YOU WHICH SUPERSEDES ANY PROPOSAL
+
OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER
+
COMMUNICATIONS BETWEEN THE AUTHOR OF QIP AND YOU
+
RELATING TO THE SUBJECT MATTER OF THIS EULA.
+
 
+
IF YOU HAVE ANY QUESTIONS OR CONCERNS DO NOT INSTALL
+
QIP, INSTEAD CONTACT THE AUTHOR OF QIP BY E-MAIL. FOR
+
DETAILS ABOUT THE AUTHOR OF QIP'S E-MAIL REFER TO THE
+
AUTHOR OF QIP'S WEBSITE AT www.qip.ru . IF YOU HAVE ALREADY
+
INSTALLED QIP, DISCONTINUE ITS USE AND UNINSTALL QIP.
+
PLEASE NOTE THAT IF YOU UNINSTALL QIP, IN WHOLE OR IN
+
PART, IN ANY OTHER MANNER, YOU MAY ADVERSELY AFFECT
+
YOUR COMPUTER'S FUNCTIONALITY.
+
 
+
NOTE THAT IT IS AT THE AUTHOR OF QIP'S SOLE DISCRETION TO
+
ANSWER AN E-MAIL SENT TO HIM OR NOT. The Author of QIP is not
+
responsible or liable for the performance, functionality and availability of the
+
Author of QIP's website at http://www.qip.ru.
+
 
+
Note that for those accessing or using any areas of the Author of QIP's
+
website at http://www.qip.ru there are Terms and Conditions of the Author
+
of QIP's Website.
+
 
+
 
+
 
+
Copyright c 2005 The Author of QIP.
+
 
+
All rights reserved. QIP and QIP logo are trademarks of the Author of QIP,
+
which may be registered in some jurisdictions. Russian federation and
+
foreign patents pending. All other company and/or product names are
+
trademarks and/or registered trademarks of their respective owners.
+
 
+
 
+
 
+
QIP Client Software EULA - October 31, 2005
+
</PRE>
+

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