IN ORDER TO ACCESS THE SBC YAHOO! DIAL YOU MUST BE AT LEAST 18 YEARS OLD AND MUST ALREADY HAVE OR MUST NOW INSTALL THE CURRENT VERSION OF THE "REQUIRED SOFTWARE." THE REQUIRED SOFTWARE INCLUDES SOFTWARE FROM THE SBC INTERNET SERVICES COMPANY PROVIDING YOUR SERVICE (AMERITECH INTERACTIVE MEDIA SERVICES, INC., PACIFIC BELL INTERNET SERVICES, SNET DIVERSIFIED GROUP, INC., PRODIGY COMMUNICATIONS L.P. OR SOUTHWESTERN BELL INTERNET SERVICES, INC. (COLLECTIVELY REFERRED TO AS "SBC INTERNET SERVICES")) (AND ITS LICENSORS) AND ROCKSTAR STUDIOS, INC. (GEARBOX FOR MAC OS 8.1 through MAC OS 9.x). THIS CD-ROM PERMITS YOU TO INSTALL THE CURRENT VERSION OF THE REQUIRED SOFTWARE.
IN ORDER TO INSTALL THE REQUIRED SOFTWARE YOU MUST AGREE TO THE FOLLOWING SOFTWARE LICENSE AGREEMENT. THIS SOFTWARE LICENSE AGREEMENT IS A LEGALLY BINDING CONTRACT THAT SHOULD BE READ IN ITS ENTIRETY.
IF YOU DECIDE TO DECLINE THE TERMS OF THE REQUIRED SOFTWARE LICENSE AGREEMENT YOU MAY NOT BE ABLE TO ACCESS THE SBC YAHOO! DIAL.
AFTER YOU HAVE READ THE AGREEMENT, CLICK ON THE "I ACCEPT" BUTTON BELOW IF YOU AGREE TO BE BOUND BY ALL OF THE TERMS. YOU MAY THEREAFTER INSTALL AND USE THE SOFTWARE ACCORDING TO THE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS, THEN CLICK ON THE "I DECLINE" BUTTON, AND AS A RESULT YOU ARE NOT PERMITTED TO INSTALL OR USE THE SOFTWARE.
IN ADDITION, THIS CD-ROM CONTAINS OTHER "OPTIONAL SOFTWARE" YOU MAY WANT TO INSTALL. OPTIONAL SOFTWARE INCLUDES YAHOO! INSTANT MESSENGER. TERMS FOR THE USE OF THIS SOFTWARE WILL BE PRESENTED TO YOU JUST BEFORE YOU INSTALL IT. DECLINING THE INSTALL OF THE OPTIONAL SOFTWARE WILL NOT IMPACT YOUR ABILITY TO USE THE SBC YAHOO! DIAL. YOU AGREE AND ACKNOLWEDGE THAT NEITHER SBC NOR YAHOO! IS LIABLE FOR OR RESPONSIBLE TO YOU FOR ANY OF THE OPTIONAL SOFTWARE, AND THAT YOU ARE INSTALLING AND USING THE OPTIONAL SOFTWARE AT YOUR OWN RISK.
YOU AGREE THAT BY YOUR INSTALLATION OF THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS.
SBC SOFTWARE LICENSE AGREEMENT (INCLUDING THE ABOVE TERMS, "SBC AGREEMENT")
1. This SBC Agreement applies to all the software installed by this installer program that SBC licenses to you (together with each revised or updated version thereof) ("SBC Software") and any beta test software that you choose to use. This SBC Agreement also applies to SBC’s liability to you, if any, with respect to any Required Software and any Optional Software for which SBC does not grant you a license (i.e., Required or Optional Software which you license directly from the manufacturer). (All of the above referenced software is, collectively with the SBC Software and any beta test software, referred to as the "Software" for purposes of this SBC Agreement). THE FOLLOWING SBC AGREEMENT EXPLAINS HOW YOU MAY USE THIS SOFTWARE. BY CLICKING ON THE "I ACCEPT" CHECK BOX IN THIS INSTALLER PROGRAM, YOU CONSENT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW AND YOU MAY, SUBJECT TO THOSE TERMS AND CONDITIONS, INSTALL AND USE THE SOFTWARE. IF YOU DISAGREE WITH ANY OF THE TERMS OR CONDITIONS BELOW, THEN SBC DOES NOT GRANT YOU A LICENSE TO USE THE SOFTWARE. CLICK ON THE "I DECLINE" BUTTON TO EXIT THE INSTALLER PROGRAM. IN THIS CASE YOU MAY NOT USE THE SOFTWARE OR ACCESS THE SBC YAHOO! INTERNET SERVICES.
2. The SBC Software, and if applicable any other Required Software or Optional Software, is licensed to you by SBC solely for your own individual use in connecting to and using the SBC YAHOO! DIAL, or "Service" (and no other service) from within the 50 United States, the District of Columbia, and Puerto Rico, and for no other purpose. You may use or copy the Software only as instructed in writing by SBC. You may copy the Software for archival purposes, provided any copy must contain all of the original copyright and proprietary notices. Use or copying for any other purpose is prohibited and is a breach of this SBC Agreement. As between you and SBC, the Software files remain the property of SBC at all times, and SBC may make changes to the number and/or content of these files directly while you are connected to the Dial Service. You accept the terms of this license by installing the Software. This license will terminate upon termination of your membership or right to use the Service. At that time, you must stop using the Software and either return the Software to SBC or destroy it.
You acknowledge and agree that SBC provides only the support and help-desk assistance for the Software that it makes generally available to the public from time to time.
SBC is not responsible in any way for any software, services, or devices used in connection with the Software, the Service or the Internet, unless such programs, software, services, or devices are recommended or provided to you by SBC.
You acknowledge the Software is proprietary and confidential to SBC and its licensors or other third party owners. This SBC Agreement does not convey any rights of ownership to you; title to and ownership of all rights in trademarks, service marks, patents, copyrights, trade secrets and other intellectual property in the Software and any copy shall remain with SBC and its licensors or other third party owners. You shall not transfer, sublicense, copy, reverse engineer, decompile, disassemble, translate or otherwise alter or modify the Software.
3. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SBC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SBC DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION OR IS COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SBC OR ITS SUPPLIERS BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION, LOSS OF INCOME, DATA, USE OR INFORMATION, EVEN IF SBC OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, SBC’S ENTIRE LIABILITY TO YOU FOR DIRECT DAMAGES YOU SUFFER AS A RESULT OF YOUR USE OF THE SOFTWARE SHALL BE LIMITED TO THE GREATER OF THE AMOUNT YOU PAID FOR THE SOFTWARE AND RELATED SBC YAHOO! DIAL OR US $2,500.00.
4. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. The Software and any underlying technology may not be exported outside the United States or to any foreign entity or "foreign person" as defined by U.S. government regulations, including without limitation, anyone who is not a citizen, national or lawful permanent resident of the United States. By downloading or using the Software, you are agreeing to the foregoing and you are warranting that you are not a "foreign person" or under the control of a foreign person.
The SBC Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (a) through (d) of the Commercial Computer Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS and in similar clauses in the NASA FAR Supplement.
5. You agree to indemnify and hold SBC harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the Software, your violation of any terms or conditions of this SBC Agreement, your violation of applicable laws, or your violation of any rights of another person or entity.
6. This SBC Agreement shall be governed by the laws of the State of Texas, except conflict of law rules. The United Nations Convention on the International Sale of Goods shall not apply to this SBC Agreement. This SBC Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.
7. If, for any reason, a court of competent jurisdiction finds any provision of this SBC Agreement, or portion thereof, unenforceable, then the remainder of the SBC Agreement shall continue in full force and effect and will be read to give maximum effect to the intention of the parties as reflected by its plain language.
8. SBC's failure, in any instance, to exercise any of its rights under this SBC Agreement will not constitute a general waiver of such or any other rights hereunder.
9. Sections 2 - 9 will survive any termination of this SBC Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THE ABOVE AGREEMENT AND UNDERSTAND IT. BY PRESSING "I ACCEPT" BELOW, YOU CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT WITH RESPECT TO YOUR USE OF THE COVERED SOFTWARE PRODUCT.
IF YOU AGREE WITH EACH AND EVERY TERM SET FORTH ABOVE, CLICK ON THE "I ACCEPT" BUTTON AND CONTINUE USING THE LICENSED SOFTWARE.
IF YOU DO NOT AGREE WITH EACH AND EVERY TERM SET FORTH ABOVE, CLICK ON THE "I DECLINE" BUTTON. THEREAFTER, DO NOT INSTALL OR USE THE LICENSED SOFTWARE.
