Oyco Messenger with VoIP Dialer End user license agreement

IMPORTANT NOTICE

PLEASE READ AND ACCEPT THE FOLLOWING END USER LICENSE AGREEMENT FOR Oyco Messenger SOFTWARE BEFORE PROCEEDING. IT CONTAINS IMPORTANT INFORMATION YOU SHOULD KNOW.

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Oyco Messenger End User License Agreement
October 2003

1. ACCEPTANCE OF TERMS

Welcome to Oyco Messenger. Oyco Systems Inc. ("Oyco") provides the Oyco Messenger ("Software") to you, subject to the following agreement ("Agreement"), which may be updated by us from time to time without notice to you. This Software is being licensed to you by Oyco in A FREE TRIAL VERSION and is provided on an "AS IS" basis, for your private personal use only. This Agreement is a legal contract between you and Oyco, which governs your use of the Oyco Messenger Software. By clicking the "I ACCEPT" button below, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to abide by these terms and conditions, you should click the "I DO NOT ACCEPT" button at the end of this Agreement at any time.

2. DESCRIPTION OF SOFTWARE

The Software provides users with the capability to see when their friends are online, send and receive instant messages, electronic mail, alerts and other material and information via the World Wide Web. By registering and using the Software, you acknowledge that other users of the Software may elect to receive a notification from the Software when you sign on and may send you instant messages and other information via the Software. By using the Software, you agree that Oyco has no responsibility for the assessment, or for resolving any disputes arising from a User's ability to ignore, send messages or otherwise use the Software. The Software and any necessary software used in connection with the Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Oyco grants you a personal, non-transferable and non-exclusive right and license to use the object code of the Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software. Unless explicitly stated otherwise, any new features that augment or enhance the current Software, shall be subject to the Agreement. You understand and agree that Oyco assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You also understand that Oyco is not responsible for the security or privacy of communications sent via the Software.

3. MEMBER ACCOUNT, PASSWORD AND SECURITY

If you don't already have an Oyco Messenger user name and password, you will be prompted to complete the Oyco Messenger registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Oyco of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Oyco cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. The Software may allow you to communicate with users of other instant messaging products. In that event, you acknowledge and agree that (i) your use of the Software is subject to the License Agreements and the terms governing the use of other instant messaging products you have agreed to, if any, that are consistent with the Agreement and (ii) users of other instant messaging products are subject to the terms governing such other instant messaging products. Oyco assumes no responsibility for the conduct or content of messages sent by users of other instant messaging products.

4. GENERAL WARNING.

Please note that the Oyco Messenger Software, as most Internet applications, is vulnerable to various security issues and hence should be considered unsecured. By using the Oyco Messenger Software and the Internet in general, you may be subject to various risks, including among others:
* Exposure to objectionable material and/or parties, including without limitation, contaminated files.
* Unauthorized invasion of your privacy during, or as a result of, your or another's use of the system.
* Spoofing, eavesdropping, sniffing, spamming, breaking passwords, harassment, fraud, forgery, "imposturing", electronic trespassing, tampering, hacking, nuking, system contamination including without limitation use of viruses, worms and Trojan horses causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful.
* Unauthorized exposure of information and material you listed or sent, on or through the Oyco Messenger system, to other users, the general public or any other specific entities for which the information and material was not intended by you.

If you do not wish to be subjected to these risks, you are advised not to use the Oyco Messenger Software. Furthermore, please do not use the Oyco Messenger Software for "Mission Critical" or "Content Sensitive" applications and purposes. For the purpose of this section "Mission Critical" applications and purposes shall mean applications and use that may result in damage; "Content Sensitive" shall mean any information or data you do not wish to be freely accessible and generally available to Internet users.

5. Oyco Messenger PRIVACY POLICY

Your registration data and other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy at http://www.oyco.com/terms.html.

6. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Oyco, are entirely responsible for all Content that you upload, post or otherwise transmit via the Software. Oyco does not control the Content posted via the Software and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Software, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Oyco be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Software.

You agree to not use the Software to:
a. upload, post, incorporate or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, an Oyco official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Software;
e. upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, incorporate or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Software are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Software or servers or networks connected to the Software, or disobey any requirements, procedures, policies or regulations of networks connected to the Software;
k. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.

You understand that the technical processing and transmission of the Software, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the CANADA or the country in which you reside.

8. INDEMNITY

You agree to indemnify and hold Oyco, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Software, your use of the Software, your connection to the Software, your violation of the Agreement, or your violation of any rights of another.

9. NO RESALE OF SOFTWARE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Software, use of the Software, or access to the Software.

10. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Oyco may establish general practices and limits concerning the use of the Software. You agree that Oyco has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Software. You acknowledge that Oyco reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Oyco reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

11. MODIFICATIONS TO SOFTWARE

Oyco reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Software (or any part thereof) with or without notice. You agree that Oyco shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Software.

12. TERMINATION

You agree that Oyco, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Software, and remove and discard any Content within the Software, for any reason, including, without limitation, for lack of use or if Oyco believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. Oyco may also in its sole discretion and at any time discontinue providing the Software, or any part thereof, with or without notice. You agree that any termination of your access to the Software under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Oyco may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Software. Further, you agree that Oyco shall not be liable to you or any third-party for any termination of your access to the Software.

13. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Software, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Oyco shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Software.

14. LINKS

The Software may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Oyco is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Oyco shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Oyco EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. Oyco MAKES NO WARRANTY THAT (i) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Oyco OR THROUGH OR FROM THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

16. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Oyco SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Oyco HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SOFTWARE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SOFTWARE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SOFTWARE; OR (v) ANY OTHER MATTER RELATING TO THE SOFTWARE.

17. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you intend to receive or request any news, messages, alerts or other information from the Software concerning companies, stock quotes, investments or securities, please read the above Sections 16 and 17 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Software is provided for informational purposes only, and no Content included in the Software is intended for trading or investing purposes. Oyco shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Software, and shall not be responsible or liable for any trading or investment decisions made based on such information.



18. NOTICE

Notices to you may be made via either email or regular mail. The Software may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to you generally on the Software.

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If you are a citizen of the CANADA, then the laws of British Columbia, excluding its conflicts-of-law rules, shall govern this agreement.. Please note that your use of the Software may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Oyco or relating in any way to your use of the Software resides in the courts of British Columbia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of British Columbia in connection with any such dispute including any claim involving Oyco or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree to abide by the CANADA and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Oyco any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The above assurance and commitment shall survive termination of this agreement.

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