Active Worlds browser distribution permissions and end-user license agreement
BY CLICKING ON THE "NEXT" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE
BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS
OF THIS AGREEMENT, CLICK THE "CANCEL" BUTTON AND THE INSTALLATION PROCESS
WILL NOT CONTINUE. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS
EXPRESSLY LIMITED TO THESE TERMS.
GRANT. Subject to the terms of this Agreement, Activeworlds Inc.
("AWLD") hereby grants you a limited, personal, nontransferable,
nonsublicensable, royalty-free, nonexclusive license to use one copy of the
client software product you are about to install in object code form
("Software") for the purpose of accessing the Active Worlds server and using
the Active Worlds software resident thereon ("AW Software").
You may: copy the Software for archival purposes, provided any copy must
contain all of the original Software`s proprietary notices; you may use the
AW Software subject to the terms and conditions of this license.
You may not, directly or indirectly: modify, translate, reverse engineer,
decompile, disassemble (except to the extent applicable laws specifically
prohibit such restriction), create derivative works based on, or otherwise
attempt to discover the source code or underlying ideas or algorithms of the
Software or AW Software; or copy (except for archival purposes as set forth
above), rent, lease, distribute, transfer or otherwise transfer rights to
the Software or AW Software; use the Software or AW Software for timesharing
or service bureau purposes; or remove any proprietary notices or labels on
the Software or AW Software.
SOFTWARE. This license does not grant you any right to any enhancement or
update. Furthermore, this license does not grant you continued access to AW
SUPPORT. This Agreement does not entitle you to any maintenance, upgrades,
patches, enhancements, fixes, new versions or other support ("Support
Programs") for the Software or AW Software; provided, however, that if you
download or otherwise obtain in any manner any Support Programs they shall
become part of the Software and the terms of this Agreement shall apply.
TITLE. As between the parties, title, ownership rights, and intellectual
property rights in and to the Software and AW Software, and any copies or
portions thereof, shall remain in AWLD and its suppliers or licensors. The
Software and AW Software are protected by the copyright laws of the United
States and international copyright treaties. Title, ownership rights, and
intellectual property rights in and to any software, data, information,
text, pictures, images, avatars, characters, sounds, personalities, or other
content ("Content") accessed through the Software or otherwise with AW
Software is the property of the applicable owner and may be protected by
applicable copyright or other law. This License gives you no rights, title,
or interest to Content (including without limitation Content that you post
or create on the Active Worlds server) except the limited license to use the
AW Software as described above.
COPYRIGHT. Activeworlds Browser Copyright © 1995-2006 Activeworlds Inc.
Portions of this software are based in part on the work of the Independent JPEG Group.
Portions copyright 1984-1996 FairCom Corporation. All rights reserved.
Portions of this software are Copyright 1998-2001 Criterion Software Ltd.
Portions utilize Microsoft Windows Media Technologies. Copyright (c) 1999-2002 Microsoft Corporation. All Rights Reserved.
DISCLAIMER OF WARRANTY. THE SOFTWARE, AW SOFTWARE, AND ANY SERVICES THAT
YOU RECEIVE FROM AWLD, ARE PROVIDED "AS IS." AWLD HEREBY DISCLAIMS ALL
EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY. You assume the entire risk as to the quality and
performance of the Software or AW Software. AWLD assumes no liability for
the cost of any service or repair if the Software or AW Software is
defective. Further, you assume the responsibility of, and any costs or
liability associated with, making a connection (by any means) to the Active
Worlds server, and you understand that the Software and AW Software will not
operate without such a connection.
AWLD exercises no screening, editorial, or other control over Content
available to you through your use of the Software and AW Software, and
Content may include material that could be deemed distasteful, misleading,
inaccurate, offensive, pornographic or otherwise objectionable. Furthermore,
use of the Software or AW Software does not guarantee any privacy or
confidentiality of any Content you post or make available through the
Software and AWLD assumes no responsibility or liability for the
preservation of such Content and may modify or remove it at AWLD`s sole
discretion. You hereby release AWLD from any and all liability for all
claims related to Content as well as claims related to the security or level
of privacy provided. If you are a minor, you MUST obtain permission from your
parent(s) or guardian(s) to install this software, and they will take
full responsibility for all obligations under this Agreement. You are liable
for all activities conducted through the Account, and parents or guardians are
liable for the activities of their child.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT
LIABILITY, OR OTHERWISE, SHALL AWLD OR ITS LICENSORS, SUPPLIERS OR
RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT
WILL AWLD BE LIABLE FOR ANY DAMAGES IN EXCESS OF AWLD LIST PRICE FOR A
LICENSE TO THE SOFTWARE, EVEN IF AWLD SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES.
TERMINATION. AWLD may, at its sole discretion, terminate this Agreement,
the license granted herein, and your right to use or access the Software, AW
Software, or the Active Worlds server at any time. On termination, you must
destroy all copies of the Software.
ARBITRATION. Any claim alleging a violation of any duty incident to this
Agreement, or your use of the Software or the AW Software, or arising out of
any transaction occurring in Active Worlds, irrespective of the legal theory
asserted, is subject to binding arbitration. This means that both sides
give up all rights to a jury or court trial. The arbitration will take
place, at your choice, either on-line before the Active Worlds Tribunal, or
before a panel of arbitrators at the American Arbitration Association
offices in Boston, Massachusetts. In the latter instance, both sides shall
pay half of the fees and expenses associated with the arbitration
proceeding itself, but each side shall be responsible for all costs
associated with traveling to the site of the arbitration, preparing for the
arbitration, and hiring counsel, if desired. In both cases, both sides
shall select an arbitrator from a randomly generated list of available
arbitrators, and those two arbitrators shall select a third.
No punitive or consequent damages (including without limitation statutory
"multiplied," e.g. treble, damages) shall be awarded and the arbitrators
shall be made aware of this limitation.
EXPORT CONTROLS. None of the Software, AW Software or underlying
information or technology may be downloaded or otherwise exported or
re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya,
Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S.
has embargoed goods; or (ii) into any country in which the U.S. has
embargoed goods, or 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.
MISCELLANEOUS. This Agreement represents the complete license agreement and
supersedes all prior agreements and representations and may only be amended
by a writing executed by the parties. If any provision of this Agreement is
held to be unenforceable for any reason, such provision shall be reformed
only to the extent necessary to make it enforceable. This Agreement shall be
governed by and construed under Massachusetts law.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the
Government is subject to restrictions 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 in DFARS 252.227-7013, and in similar
clauses in the NASA FAR Supplement.
Created and produced by Activeworlds Inc.