|
Live Time Online - End User Licence Agreement
LICENSE AGREEMENT Use of Live Time Online (hereinafter "SOFTWARE") is contingent
on your agreement to the following terms:
1. LIMITATION OF LIABILITY IN NO EVENT WILL LIVE TIME ONLINE BE LIABLE TO ANY
PARTY
(a) 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 THE SOFTWARE, THE LIVE TIME ONLINE SERVICES AND INFORMATION,
VARIOUS DIRECTORIES AND LISTINGS OR ANY OTHER `INFORMATION`, EVEN IF LIVE TIME
ONLINE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,TORT, OR OTHERWISE;
OR
(b) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN,
OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, YOU SHOULD NOT USE THIS SOFTWARE IF YOU ARE
WITHIN THOSE STATES.
2. DISCLAIMER OF WARRANTY THE SOFTWARE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY
KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIVE TIME ONLINE
FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE
PRODUCT AND DOCUMENTATION REMAINS WITH RECIPIENT. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIVE TIME ONLINE BE LIABLE FOR
ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY
LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE
PRODUCT, EVEN IF LIVE TIME ONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
3. HIGH RISK ACTIVITIES The Software is not fault- tolerant and is not designed
or intended for use in hazardous environments requiring fail-safe performance,
including without limitation, in the operation of nuclear facilities, aircraft
navigation or communication systems, air traffic control, weapons systems,
direct life-support machines, or any other application in which the failure of
the Software could lead directly to death, personal injury, or severe physical
or property damage (collectively, "High Risk Activities"). LIVE TIME ONLINE
expressly disclaims any express or implied warranty of fitness for High Risk
Activities.
4. SCOPE OF GRANT You may not reverse engineer, decompile or disassemble the
SOFTWARE. LIVE TIME ONLINE shall retain title and all ownership rights to the
SOFTWARE. 5. COPYRIGHT This SOFTWARE is protected by copyright laws and
international copyright treaties, as well as other intellectual property laws
and treaties.
6. MAINTENANCE LIVE TIME ONLINE is not obligated to provide maintenance or
updates for the SOFTWARE. However, any maintenance or updates provided by LIVE
TIME ONLINE shall be covered by this Agreement. 7. 60-DAY TRIAL REMINDERS LIVE
TIME ONLINE grants you the right to the use of e-mail reminders for the period
of 60 days, after this period you may purchase an annual license to continue
using the E-mail service.
|