July 19, 2009

BY IMPLEMENTING THE ICQ STATUS INDICATOR ON A WEBPAGE OR BY OTHERWISE USING THE ICQ STATUS INDICATOR OR THE ICQ STATUS INDICATOR FUNCTIONALITY (COLLECTIVELY AND SEPARATELY REFERRED TO AS "INDICATOR") YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT, BY THE APPLICABLE PROVISIONS OF THE ICQ TERMS OF SERVICE INCLUDING THE ICQ END-USER LICENSE AGREEMENT ("ICQ EULA"), THE ICQ PRIVACY POLICY, THE ICQ ACCEPTABLE USE POLICY AND ANY OTHER DOCUMENT AVAILABLE ON OR THROUGH HYPERLINK http://www.icq.com/legal/ (COLLECTIVELY AND SEPARATELY REFERRED TO AS THE "ICQ TERMS OF SERVICE"). IF YOU DO NOT AGREE, DO NOT USE THE ICQ STATUS INDICATOR.

GRANT OF LICENSE. Subject to the provisions contained herein, the Indicator is being licensed to you by ICQ LLC. on an "AS IS" "AS AVAILABLE" basis for your private personal use only. Any other use or attempt to use the Indicator for commercial purposes, promotion of products and services, or other purposes, directly or indirectly, by you or by a third party is prohibited.

For the purpose of this Agreement, commercial use shall include, inter alia, use of 100 or more Indicators within a single Web page, or the use of 500 Indicators within a single Web site or the use of Indicators as part of a database that contains more than 5000 entries, or use of Indicators as part of or within a software which is distributed in more than 50,000 copies.

CHILDREN UNDER 13. Please note that the Indicator as well as the ICQ service, software, network, system, Web site, servers, various directories and listings, various message and news boards, tools, information and databases, are NOT FOR USE BY CHILDREN UNDER 13 YEARS OF AGE. If it comes to ICQ LLC.'s attention through reliable means that a registered user is a child under 13 years of age, ICQ LLC. will cancel that user's account.

LICENSEE OBLIGATIONS. You shall use the Indicator only for lawful purposes and you shall not use the Indicator to indicate the status of a third party without first obtaining the third party's approval.

You shall not translate, decompile, reverse engineer, disassemble, modify, alter, merge into other software, reproduce, duplicate, make copies, rent, lease, lend, distribute, publish, post, transmit, remarket or otherwise dispose of or provide others with the Indicator or any part thereof.

NO WARRANTIES. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM - EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE - INCLUDING WITHOUT LIMITATION - AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE INDICATOR IS GIVEN OR ASSUMED BY ICQ LLC.. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION GIVEN BY ICQ LLC., ITS AFFILIATES, ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE OR CONSTITUTE A WARRANTY. THE ENTIRE RISK AS TO THE QUALITY, RESULTS AND PERFORMANCE OF THE INDICATOR, IS ASSUMED BY YOU.

Notwithstanding the above, ICQ LLC. does not warrant that the Indicator will perform properly or completely or continue to be available.

LIMITATION OF LIABILITY. IN NO EVENT SHALL ICQ LLC. BE LIABLE TO ANY PARTY FOR (i) ANY DAMAGES (INCLUDING WITHOUT LIMITATION, 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, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF THE AVAILABILITY, USE, RELIANCE ON, INABILITY TO USE OR UTILIZE OR IMPROPER USE OF THE INDICATOR EVEN IF ICQ LLC. SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER DYSFUNCTION IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION ARISING - IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, INABILITY TO USE OR UTILIZE OR IMPROPER USE OF THE INDICATOR AND ANY INFORMATION RELATED THERETO. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ICQ LLC.'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

RIGHTS. ICQ LLC. is the sole proprietor of all the rights to the Indicator. The Indicator embodies trade secrets and intellectual property rights protected under United States and worldwide copyright and other laws. All title, ownership rights and intellectual property rights in the Indicator shall remain with ICQ LLC..

TERMINATION. ICQ LLC. may change, from time to time, the ICQ Terms of Service including this ICQ Status Indicator License Agreement. You agree that your use of the Indicator, and/or the ICQ services beyond a period of 30 days after a notice of such change has been provided on the ICQ network or Web site for the first time, shall constitute your consent to the new or revised ICQ Terms of Service.

This license Agreement shall terminate automatically if you fail to comply with the provisions of this Agreement. ICQ LLC. may, at any time, revise, hold or cease to provide the Indicator service or any part thereof, without prior notice.

MISCELLANEOUS. The terms of this Agreement may not be amended or modified by you. ICQ LLC. shall have the right to transfer, assign, sublicense or pledge in any manner whatsoever any of its rights and obligations under this Agreement to a subsidiary, affiliate, successor thereof or any third party whatsoever, without notifying you or receiving your consent. This license is granted to you personally and you shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights and obligations under this Agreement. Any other attempted assignment or delegation shall be null and void.

Any reference made in this Agreement to ICQ LLC. shall be deemed to have been made to ICQ LLC., its subsidiaries, successors, assignees, affiliates as well as any company that controls ICQ LLC., directly or indirectly, and any other subsidiary of that controlling company.

You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the ICQ Terms of Service, including ICQ LLC.'s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

If you are a citizen of the USA, then the laws of the Commonwealth of Virginia, excluding its conflicts-of-law rules, shall govern this Agreement. Please note that your use of the Indicator may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with ICQ LLC. or relating in any way to your use of the Indicator resides in the courts of Virginia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Virginia in connection with any such dispute including any claim involving ICQ LLC. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If you are not a citizen of the USA, then the laws of the State of Israel, excluding its conflicts-of-law rules, shall govern this Agreement. Please note that your use of the Indicator may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with ICQ LLC. or relating in any way to your use of the Indicator resides in the courts of Tel Aviv and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Tel Aviv in connection with any such dispute including any claim involving ICQ LLC. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. The above assurance and commitment shall survive termination of this Agreement.

In case of contradiction between any provision of the ICQ EULA and any provision of this Agreement, the provision of the ICQ EULA shall prevail, unless the provision of this Agreement reflects narrower responsibility on behalf of ICQ LLC. than the relevant provision of the ICQ EULA. In case of contradiction between any provision of this Agreement and any provision of the ICQ Help File, the provision of this Agreement shall prevail, unless the provision of the ICQ Help File reflects narrower responsibility on behalf of ICQ LLC. than the relevant provision of this Agreement.

ICQ LLC.'s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties, nor trade practice shall serve to modify any provision of this Agreement.

Any cause of action you may have with respect to the Indicator must be commenced within one (1) year after the claim or cause of action arises; otherwise, such claim or cause of action is barred.


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The ICQ system and the methodology of its operation are protected by US patent No. 6,449,344