Testers agreement - ICQ Terms Of Service

Testers Agreement

Welcome and thank you for your interest in serving as a beta/alpha tester of ICQ, Inc. Lab Products and services ("Tester"). As a Tester you acknowledge and agree to the following terms applicable to the Beta/Alpha services and Lab Products made available through the ICQ Labs Web site and the ICQ Web site in general (the "Lab Products").

BY CLICKING THE ACCEPTANCE BUTTON BELOW, OR BY DOWNLOADING, INSTALLING, OR USING ANY LAB PRODUCT, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS TESTERS AGREEMENT WITH ICQ, INC. ("ICQ"), YOU AGREE TO RECEIVE NOTICES FROM ICQ ELECTRONICALLY, YOU AGREE TO THE PRIVACY PRACTICES DISCLOSED IN PARAGRAPH 6 BELOW, AND YOU CONSENT TO JURISDICTION IN THE STATE OF VIRGINIA FOR ANY DISPUTE.

THE DOWNLOAD AND/OR USE OF THE LAB PRODUCTS IS SUBJECT TO THE TERMS HEREIN, THE ICQ TERMS OF SERVICE INCLUDING BUT NOT LIMITED TO THE TERMS OF THE ICQ END-USER LICENSE AGREEMENT, THE ICQ PRIVACY POLICY AND USAGE NOTICES AND ANY OTHER DOCUMENTS AVAILABLE ON OR THROUGH http://www.icq.com/legal/.
LICENSE. ICQ grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable license to download, install, and use a single copy of any Lab Product for a limited time in order to evaluate and provide feedback about it to ICQ. This license does not entitle you to receive from ICQ hard-copy documentation, support, telephone assistance, or enhancements or updates to the Lab Products. Although ICQ is considering the release of a commercial version of each Lab Product, it is under no obligation to do so. ICQ reserves the right to alter features, licensing terms, or other characteristics of any version of the Lab Products that it releases. SOME LAB PRODUCTS MAY EXPIRE OR CEASE WORKING ON A DATE DETERMINED BY ICQ. ADDITIONALLY, ICQ MAY RESTRICT THE USE OF THE LAB PRODUCTS TO A LIMITED NUMBER OF USERS.
LAB PRODUCT AND SERVICES. You acknowledge that the Lab Products are experimental and have not been made available for general release; they may contain errors, bugs, or other problems not usually associated with generally available software versions. The Lab Products should not be used in a production environment or on a critical system. ICQ strongly recommends that you backup all data, files and applications on your system prior to installing any Lab Product from the ICQ Labs Site (or the ICQ Web site in general). You shall have sole responsibility for the adequate protection and backup of your data and/or equipment used with the Lab Products. ICQ is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements.
You acknowledge that Lab Products may not include certain features, functionalities, or services that may be available on other versions of ICQ, including privacy and security features and their default settings. Furthermore, privacy and security settings configured while using other versions of ICQ may not apply when using Lab Products and/or may be altered when using Lab Products.
AUTOMATED UPDATES. ICQ or one of its suppliers may deliver to your computer or other device upon which the Lab Products are installed automated updates, modifications, and/or patches to address issues such as security, interoperability, and performance (collectively "Updates") at any time without providing you with notice. By using the Lab Products you consent to such automated updating. Your use of the Updates shall be governed by this Testers Agreement (as modified from time to time) and the ICQ Terms of Service documents (including without limitation the ICQ End User License Agreement) available at www.icq.com/legal unless you are asked to agree to a new agreement at the time of download or installation. In addition, whenever ICQ does elect to commercially release Lab Products you are using, ICQ may automatically provide you the current commercially released version of the product(s) without providing you notice.
PRIVACY.
1. Tester Feedback. You acknowledge that feedback concerning users' experiences with the Lab Products is essential to the improvement of the Lab Products. You agree that ICQ may contact you by electronic mail, or other means, to solicit your feedback concerning your experiences with the Lab Products. You also may utilize message boards and other communications tools set up by ICQ for feedback regarding the Lab Products.
2. Automatic Feedback. Some of the Lab Products are configured to periodically check your computer system for, and report back to ICQ without additional notice to you, information relating to your use of the Lab Product, such as the frequency of your use of the Product and/or certain of its features, your Lab Product configuration settings, and information on computer errors occurring during your use of the Lab Product. This usage data will be used by ICQ for such purposes as diagnosing performance issues, improving the reliability of the download and install process, and improving ICQ Lab Products.
3. ID Number. Some Lab Products may contain a specific identification number for the purpose of tracking the number of unique instances of such Lab Product being used by Testers.
4. Applicable Privacy Policies. In addition to the above, the ICQ Privacy Policy (available at http://www.icq.com/legal/privacy.html ) describes ICQ's information collection and usage practices for ICQ users.
RESTRICTIONS. The ICQ Web site (including the ICQ Labs Website) and the Lab Products are provided for your personal informational use only and may not be used for commercial or unlawful purposes. By using the ICQ Web site (including the ICQ Labs Website) and the Lab Products, you agree that, unless otherwise expressly permitted in this Testers Agreement, you will not: (i) reproduce, republish, display, frame, download (except as expressly authorized herein), distribute, or transmit the ICQ Web site (including the ICQ Labs Website) and the Lab Products; (ii) redistribute, encumber, sell, rent, lease, loan, sublicense, assign, or otherwise transfer rights to any Lab Product; (iii) modify or create any derivative works based on the ICQ Web site (including the ICQ Labs Website) and the Lab Products, including customization, translation, or localization; (iv) copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any Javascript or HTML files, or parts thereof, included in a Lab Product; (v) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of any Lab Product, or in any way ascertain, decipher, or obtain the communications protocols for accessing any ICQ service, or the underlying ideas or algorithms of any Lab Product (e.g. in an effort to develop other applications or services that provide similar or substitute or complimentary functionality to such Lab Product); (vi) use any Lab Product to develop software or services that access the ICQ address space or that intercept the proxy; (vii) create or use any software other than that authorized by ICQ to access any ICQ service; (viii) attempt to gain unauthorized access to any ICQ service, account, computer system or network associated with any Lab Product; (ix) incorporate, integrate or otherwise include any Lab Product or any portion thereof (including the communications protocols) into any software, program or product that communicates, accesses, or otherwise connects with an ICQ service or that interconnects any ICQ service with any other instant messaging or other online service; (x) use the ICQ Web site (including the ICQ Labs Website) and the Lab Products in any way that violates this Testers Agreement, any other agreements to which you are a party, or any law; (xi) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Lab Products; (xii) post, transmit, redistribute, upload, or promote any materials that (a) violate or infringe in any way upon the rights of others, including without limitation copyrights and trademarks, (b) contain corrupted files, viruses, or any other similar software files the intent of which is to damage the operation of another's computer, (c) are unlawful,threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful,profane, indecent, racially or ethnically derogatory, or otherwise objectionable, (d) contain chain letters or pyramid schemes,(e) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities, (f) encourage conduct that would constitute a criminal offense, (g) give rise to civil liability, or (h) otherwise violate any law; (xiii) undertake any conduct that, in the judgment of ICQ, restricts or inhibits any other user from using or enjoying the Site; or (xiv) falsify the origin or source of messages that you post, transmit, or upload. You are responsible for determining whether posting or transmitting any particular message violates any of the provisions above or any laws. 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 message, software, or files of any type you upload, download, distribute, access, post, submit, or transmit.
DISCLAIMER OF WARRANTY. YOUR USE OF THE LAB PRODUCTS IS AT YOUR SOLE RISK. THE LAB PRODUCTS ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE." ICQ AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE LAB PRODUCTS ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE FUNCTIONALITY OF THE LAB PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS IN THE LAB PRODUCTS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE LAB PRODUCTS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. FURTHER, ICQ AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE LAB PRODUCTS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ICQ AND ITS LICENSORS AND SUPPLIERS ALSO DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF MATERIALS OR DATA DOWNLOADED, UPLOADED, OR TRANSFERRED USING A LAB PRODUCT. IN ADDITION, ANY SECURITY MECHANISMS IMPLEMENTED BY THE LAB PRODUCTS HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE LAB PRODUCTS SUFFICIENTLY MEETS YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ICQ OR AN ICQ AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. ICQ AND ITS LICENSORS AND OTHER SUPPLIERS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE LAB PRODUCTS. YOU BEAR THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE AND ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS TESTERS AGREEMENT. NO USE OF THE LAB PRODUCTS IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
Limited Liability IN NO EVENT WILL ICQ BE LIABLE TO ANY PARTY (i) 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 LAB PRODUCTS, THE ICQ NETWORK, THE ICQ SERVICES, VARIOUS DIRECTORIES AND LISTINGS OR ANY OTHER 'INFORMATION', EVEN IF ICQ SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY CLAIM ATTRIBUTABLE TO DELAYS, ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION; (iii) 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 (iv) IF ANY INFORMATION INFECTS OR CONTAMINATES A USER'S SYSTEM OR INFORMATION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ICQ 'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

In no event will ICQ 's liability with respect to this Testers Agreement exceed the greater of (i) the amount you paid (if you paid) to ICQ for the Lab Products.
ICQ Inc. owns all proprietary rights in the Lab Products and all ICQ software and services and any part thereof. You expressly agree not to disclose any information relating to the Lab Product or any part thereof.
INDEMNIFICATION. Upon a request by ICQ, you agree to defend, indemnify, and hold harmless ICQ its officers, agents, employees, directors and affiliates from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of the ICQ Web site (including the ICQ Labs Web site), the ICQ services or any Lab Product in a manner not in strict conformance with this Testers Agreement. ICQ reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ICQ in asserting any available defenses
ICQ Inc. reserves the right and the sole discretion to (A) make improvements, corrections, adaptations, conversions and/or any other change in the Lab Product and/or the ICQ Labs and ICQ Web site and to any part thereof and/or to a revised or new agreement for Testers or Terms of Service; (B) CHANGE, UPDATE, LIMIT, TERMINATE OR CEASE TO PROVIDE, AT ANY TIME, TEMPORARILY PERMANENTLY, WITHOUT PRIOR NOTICE, FOR ANY REASON OR NO REASON, TO ALL USERS OR ANY NUMBER THEREOF (I) THE PRODUCT AND ITS AVAILABILITY AND FUNCTIONALITY, THE TESTERS SECTION ON THE ICQ LABS WEB SITE AND THE ICQ WEB SITE IN GENERAL OR ANY PART THEREOF, (II) THE ICQ SYSTEM'S SUPPORT TO THE LAB PRODUCTS; (III) THE ACCESS TO THE PRODUUCTS AND THE ICQ SYSTEM AND NETWORK, GRANTED TO YOU OR TO ANY OTHER USER; (C) refrain from publishing on and delete from on any section of the ICQ Labs and ICQ Web site any information or material provided for display or sent, delivered or posted by any user; (D) establish new operating and usage policies for the Lab Product, the ICQ System, Network and ICQ Web site (including the ICQ Labs Web site) or change them at any time temporarily or permanently without prior notice, for any reason or no reason; (E) cancel, change, hold, de-list, introduce different options and features to different users or refrain from publishing ICQ numbers or any other details of the users using the Software, at any time, temporarily or permanently without prior notice, for any reason or no reason.
In case of contradiction between any provision of this Testers Agreement, any provision of the ICQ End User License Agreement, the provision of this Testers Agreement shall prevail with respect to your use of the Lab Products, unless the provision of the End User License Agreement reflects narrower responsibility on behalf of ICQ Inc. than the appropriate provision in this Testers Notice and Agreement.