London Finder/London Finder (1996)(Tring).iso/license.txt

Text File | 1996-06-06 | 14KB | 288 lines

AGREEMENT FOR @SOURCE COMMUNICATIONS LIMITED
INTERNET SERVICES

READ THIS LICENCE CAREFULLY BEFORE LOADING OR USING
THIS SOFTWARE .  BY LOADING OR USING THE SOFTWARE
YOU ARE DEEMED TO ACCEPT THE PROVISIONS OF THIS
LICENCE.  IF YOU DO NOT ACCEPT ANY OF THE FOLLOWING
PROVISIONS, DO NOT USE THE SOFTWARE.

The enclosed computer program(s) "Software" is licensed, not sold, to you
by @Source Communications Limited (AS) for use only under the
following terms, and AS reserves any and all rights not expressly granted
to you.  You own the disk or CD-ROM on which any Software is
recorded, but AS or its suppliers retain ownership of all copies of the
Software itself.

This Internet Service is being provided to you by @Source
Communications Limited.   The terms and conditions written below may
be supplemented or amended by the materials accompanying your
software package; this is the entire agreement ("Agreement".)  Please
consult these materials before proceeding, and read all pages of this
Agreement. You are authorised to access and use this Service when you
have
completely filled in all the required registration information and
indicated your concurrence with terms of this Service as described in
the registration instructions.

This Agreement and your registration information are the complete
agreement between you and @Source Communications Limited regarding
this Service and replace any prior oral or other communications between
us.



1. Description

   Overview

   Under this Agreement we provide you dial access to and use of the AS
("Service") for the specific purpose of enabling you to access the Internet
and services available on the Internet.

   Access to Internet Service Description

   We provide only access to Internet.  Each Internet provider owns,
   maintains, and supports its service.  Availability of an Internet
   service is the responsibility of the Internet provider.  We do not
   own or control all of the various facilities and communication lines
   through which access may be provided.  Accordingly, we shall not be
   responsible for user/access security.  However, we will assist in
   network security breach detection and identification and in
   establishing limited access when requested.

   Certain Internet services may contain language or pictures which some
   individuals may find offensive, inflammatory, or of an Adult nature.
   Such contents are the sole responsibility of the Internet service
   provider. We do not endorse such materials and disclaim any and all
   liability for their contents.

   With regard to Internet services, you are responsible for:

     A. determining what services are available via the Internet;
     B. determining if an Internet service meets your requirements;
     C. obtaining from the Internet provider your login ID, password and
email account identifier in order to access their service;
     D. contacting the Internet provider directly if you have
        problems with their service;
     E. having invoiced directly to you and paying Internet provider
        charges if any, associated with your usage of their service;
     F. abiding by the National Science Foundation network (NSFnet)
        Acceptable Use Policy and the Internet Acceptable Use Policy
        when accessing the NFSnet portion of the Internet; and
     G. obtaining and adhering to all other terms associated with
        usage of Internet or a specific Internet service or an
        intermediate provider's service which we use for access
        to the Internet.

2. Electronic Communications

   Each of us may communicate with the other by electronic means as
   described in this Agreement and its registration information.  Each
   of us agrees to the following for all electronic communications:

   1.  login ID,  and/or email account identifier, contained in an electronic
document, is
       legally sufficient to verify the sender's identity and the
       document's authenticity;
   2.  an electronic document that contains a login ID,  and/or email
account identifier, , is a signed writing; and
   3.  an electronic document, or any computer printout of it, is an
       original when maintained in the normal course of business.

3. Charges

  You will incur the charges when using this Service as specified in the Fee
Schedule for @Source Communications Limited.
   We provide you the Fee Schedule in the last page of this registration
program.  During the Trial Access Period there will be no charges (except
for your local phone charges) for the AS Internet Services.  The Trial
Period provides for unlimited access for the balance of your first calendar
month of service, i.e. if you sign up on the 1st or the 10th, you will have
access until the last day of the current month.

   We may, at our option, elect to accept your credit card for payment
   and acknowledgement that you wish to continue the Service after the
   trial period, in which case all charges that you incur for the use of
   the Service will be debited to the credit card number you provide to
   us.  Should this credit card number expire or should we otherwise be
   unable to debit valid charges to this credit card number, we may
   immediately and without notice withdraw your access to the Service.

4. General Terms

   Each of us agrees that:

   1.  all information exchanged by both of us is nonconfidential.
       Section 8 of this Agreement describes our responsibilities for
       handling data and information you transmit over our network using
       the Service;
   2.  Except in the case of long term prepaid accounts, either party may
terminate this Agreement, with or without cause,
       by giving notice to the other, in such case the Agreement will
       terminate at the end of the month;
   3.  any terms varying from this Agreement in any order, written or
       electronic communication from you are void;
   4.  neither of us grants the other any licenses under this Agreement;
   5.  neither party will bring a legal action more than two years after
       the cause of action arose;
   6.  if any provision of this Agreement is determined to be invalid,
       all other provisions shall remain in force;

5. Our Responsibilities

   We will:

   1.  provide you facilities for you to enter and maintain your
       registration information;
   2.  provide you a User Identification code to enable access to the
       Service;
   3.  send any electronic notice to you at the email account
       that we provide you;
   4.  provide you with a telephone number to enable you to connect to
       the Service;
   5.  provide you electronic or written notice if we change or
       terminate this Agreement, substantially alter the Service from
       its current description, increase Service charges, or change
       invoicing procedures. Such changes shall be effective
       immediately; and
   6.  provide access to the current Agreement and any succeeding
       Agreement.

6. Your Responsibilities

   You agree:

   1.  To keep secure the Service login ID and password details. you
acknowledge that if you connect to the Service automatically, without
manually entering your User Identification code anyone who has access to
your computer can also gain access to the Service and could abuse your
personal registration information.
    2.   to keep current all registration information, using the
       facilities we provide, including your address and credit
       information;
   3.  that we may use your name, user identification and other
       identifying information in our service directory;
   4.  not to assign, or otherwise transfer, this Agreement or your
       rights under it, delegate your obligations, or resell the
       Service.  Any attempt to do so is void;
   5.  that you are responsible for the results obtained from the use of
       the Service;
   6.  to obtain, install, and maintain suitable equipment and software
       as necessary to access the Service;
   7.  to obtain all required permissions if you use the Service to
       receive, download, display, distribute, or execute programs or
       perform other works;
   8.  to comply with all applicable laws, regulations, or conventions
       including those related to data privacy, international
       communications, and exportation of technical or personal data;
   9.  to pay charges for all Service usage you incur by any means.
       Failure to promptly pay may result in withdrawal of your access
       to the Service; and
   10. to provide us with the requested identification when requesting
       password reset or in connection with other security related
       matters.

7. Warranty, Limitation of Liability, and Disclaimer

   We warrant that the Service that we provide under this Agreement
   conforms to its current description in this Agreement.  If, at any
   time, you have any questions about or problems with the Service,
   please contact Technical Support.  If the Service is inoperable, we
   will attempt to fix the Service.  For any claims whatsoever that you
   may have in connection with this Agreement, your sole and exclusive
   remedy against us is to cancel the Service and we will refund any
   prepaid amounts for the Service.

   In no event are we liable for:

   1.  special, indirect, or consequential damages even if we have been
       advised of the possibility thereof including, but not limited to,
       lost profits, lost business revenue, or failure to realise
       expected savings, or
   2.  any claims against you by any other party.

   This Section 7 applies to all claims by you irrespective of the cause
   of action underlying your claim including, but not limited to:

   1.  breach of contract, even if in the nature of a breach of
       condition or a fundamental term or a fundamental breach,
                   or
   2.  tort including, but not limited to negligence or
       misrepresentation.

   This paragraph does not apply to claims for personal injury or damage
   to real or tangible personal property caused by our negligence.

   Notwithstanding the foregoing, in no event are we liable for any
   damages arising from your failure to perform your responsibilities in
   connection with this Agreement, or arising from any cause beyond our
   control, including, but not limited to delay in the performance of
   our obligations or misuse of your User Ids.

   EXCEPT AS SPECIFICALLY SET FORTH HEREIN, WE MAKE NO
WARRANTIES OR
   CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE
IMPLIED WARRANTIES OR
   CONDITIONS OF MERCHANTABILITY, QUALITY AND FITNESS
FOR A
   PARTICULAR PURPOSE RELATING TO OUR SERVICE OR THE
SERVICE OF ANY
   OTHER SERVICE PROVIDER.  FURTHER WE DISCLAIM ANY
LIABILITY OR
   RESPONSIBILITY ARISING FROM ANY CLAIM THAT YOUR
ACCESS OR USE OF
   THE SERVICE OR ANY OTHER PROVIDER'S SERVICE OR
PRODUCTS INFRINGES
   ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS.

8. Customer Transmitted Data

   We agree to respect the nature of your confidential information,
   including programs and data, transmitted electronically over our
   network while using the Service.  However, we have no obligation of
   confidentiality relating to your information, including programs and
   data, which is not confidential.  Information that is not
   confidential includes information which is:

   We also have no liability for any disclosure of information that
   occurs as a result of our delivery of your information, at your
   direction and to a recipient you designate, when the delivery is made
   in the normal course of Service provision (for example, to an
   incorrect delivery address provided by you to us).  We may disclose
   information to the extent required by law.

   HANDLING OF YOUR INFORMATION

   You are responsible for selection and use of the security facilities
   and options that we provide.

   You are responsible to develop and maintain procedures (apart from
   the Service) to protect your information.  You are responsible for
   backup and restoration of your information.

   For the purposes of operation and maintenance we may use, copy,
   display, store, and distribute internally your information.  We agree
   not to reverse assemble or reverse compile your information.  We do
   not guarantee that these procedures will prevent the loss of,
   alteration of, or improper access to, your information.  You agree
   that access to your information will not prohibit or prevent us from
   developing or marketing any service or product.

   For transmission carried over interexchange carriers' and local
   exchange carriers' facilities, we are not responsible for
   transmission errors, or corruption or security of data.

9. Service Availability and Access

   This Service is generally available daily, seven days a week, except
   for maintenance.   However, we may at anytime without notice or
liability restrict the use of the Service or limit its time of availability in
order to perform
   maintenance activities.

   We also reserve the right to withdraw the Service from you if your
   use of the Service, in our opinion, is disruptive, causes a
   malfunction of the Service or violates the terms of this Agreement.