Important notice for Beta Users - ICQ Beta Site for Mac



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ICQ Beta Site for Mac - Important notice for Beta Users

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June 30, 2003

Caution! The nature of Beta software is that it is experimental, still under development and not yet ready for release to the general public. Therefore, ICQ for Mac version 3.4 Beta and any other beta software provided by ICQ Inc. or any part thereof ("Software") are likely to contain bugs and may be unstable. ICQ Inc. does not warrant the performance of the Software in any way.

THE DOWNLOAD AND/OR USE OF THE SOFTWARE IS SUBJECT TO THE ICQ TERMS OF SERVICE INCLUDING BUT NOT LIMITED TO THE ICQ END-USER LICENSE AGREEMENT ("ICQ EULA"), PRIVACY POLICY AND USAGE NOTICES AND ANY OTHER DOCUMENTS AVAILABLE ON OR THROUGH http://www.icq.com/legal/.

YOU EXPRESSLY AGREE THAT DOWNLOAD AND/OR USE OF THE SOFTWARE IS AT YOUR OWN RISK. NO WARRENTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM - EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE - INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, STABILITY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE SOFTWARE IS GIVEN OR ASSUMED BY ICQ INC. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. ICQ INC. MAKES NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; IN NO EVENT SHALL ICQ INC. BE LIABLE TO ANY PARTY FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, 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 UTILIZE OR IMPROPER USE OF THE SOFTWARE EVEN IF ICQ INC. SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU.

ICQ Inc. owns all proprietary rights in the Software and all ICQ software and any part thereof. You expressly agree not to disclose any information relating to the Software or any part thereof.

You agree to use the Software solely for your own personal use and you will not translate, decompile, reverse engineer, disassemble, modify, copy, alter, merge into other software, reproduce, rent, lease, lend, distribute, remarket or otherwise dispose of the Software or any part thereof.

ICQ Inc. reserves the right and the sole discretion to (A) make improvements, corrections, adaptations, conversions and/or any other change in the Software and/or the Beta users section on the ICQ Web site and to any part thereof and/or to a revised or new Notice for Beta Users 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 SOFTWARE AND ITS AVAILABILITY AND FUNCTIONALITY, THE ALPHA USERS SECTION ON THE ICQ WEB SITE OR ANY PART THEREOF, (II) THE ICQ SYSTEM'S SUPPORT TO THE SOFTWARE; (III) THE ACCESS TO THE SOFTWARE AND THE ICQ SYSTEM AND NETWORK, GRANTED TO YOU OR TO ANY OTHER USER; (C) refrain from publishing on and delete from the Beta users' section on the 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 Software, the ICQ System, Network and the Beta users section on the ICQ 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.

ICQ Inc. may choose to release additional versions of the Software, please make sure to download the latest version.

In case of contradiction between any provision of this notice and any provision of the ICQ EULA provided hereunder, the provision of the ICQ EULA shall prevail, unless the provision of this notice reflects narrower responsibility on behalf of ICQ Inc. than the appropriate provision in the ICQ EULA.

Copyright © 1996- 2003 ICQ Inc. All Rights Reserved.


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