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END-USER LICENSE
AGREEMENT FOR INSPEAK SERVICES
This End-User
License Agreement ("EULA") is a legal agreement between you
(either an individual or a single entity, hereafter referred to as
"You") and the mentioned author (Global Unicom, LLC.) of the
website hosted on www.inspeak.com, its subdomains and all software
downloaded from this mentioned site and its subdomains including but not
limited to inSpeak Communicator (the "SOFTWARE), which include
computer software, access to inSpeak online services, and associated media,
printed materials, and "online" or electronic documentation
("SOFTWARE PRODUCT").By accessing, installing, copying, or
otherwise using the SOFTWARE or any portion thereof, you agree to be
bounded by the terms of this EULA. If you do not agree to the terms of this
EULA, do not access, install or use the SOFTWARE or any portion of the
SOFTWARE.
SOFTWARE PRODUCT
LICENSE/MODIFICATION OF THE EULA
All versions of the SOFTWARE are protected by
copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties.
The sole property belongs to
Global Unicom, LLC. The SOFTWARE may not be duplicated, sold, distributed
or utilized in any manner not described herein without the prior written
consent of Global Unicom, LLC.
Parties interested in
licensing the SOFTWARE for other than personal use should contact Global
Unicom, LLC.
Global Unicom, LLC.,
reserves the right to modify the terms of this EULA, including, but not
limited to, adding fees and charges for use of all or any portion of the
SOFTWARE. Any changes, additions, or deletions shall be effective
immediately upon notice to you, which may be given by any means, including,
but not limited to:
(a) online posting through popup messages on inSpeak, or
(b) online posting at www.inspeak.com, or
(c) sending by electronic or conventional mail to any address here provided
by you to Global Unicom, LLC.
Your use of inSpeak after
such notice has been given to you shall be deemed to constitute acceptance
of such changes, additions, or deletions.
REFUNDS AND REBATES
Please note that
Global Unicom, LLC. will not refund or rebate any portion of any purchase
price or fees paid to Global Unicom, LLC. in connection with the use of the
SOFTWARE or any associated products or services, except as required by the
laws of the United States of America or the state of Florida, regardless of
whether or not you chose to use the SOFTWARE, associated products, or
services, or you are prevented from doing so because of a violation of this
EULA.
EQUIPMENT USED WITH
INSPEAK
You agree that You
shall be responsible for obtaining and maintaining all telephone, computer
hardware, or other equipment needed for access to inSpeak and all charges
related thereto. You agree that Global Unicom, LLC. will not be responsible
for any damages to such equipment arising from the use of the SOFTWARE or
any portion of the SOFTWARE.SOFTWARE LICENSE
All versions of the SOFTWARE
are protected by copyright laws and international copyright treaties, as
well as other intellectual property laws and treaties. The sole property
belongs to Global Unicom, LLC. The SOFTWARE may not be duplicated, sold,
distributed or utilized in any manner not described herein without the
prior written consent of Global Unicom, LLC. Parties interested in
licensing the SOFTWARE for other than personal use should contact Global
Unicom, LLC. at copyright@inspeak.com.
GRANT OF LICENSE
This EULA grants you the following rights:
Installation and Use:
You may install and use an unlimited number of copies of the SOFTWARE.
Reproduction and
Distribution:
You may reproduce and distribute an unlimited number of copies of inSpeak
Communicator but not any other part of the SOFTWARE including but not
limited to the inspeak.com website contents and materials; provided that
each copy shall be a true and complete copy, including all copyright and
trademark notices, and shall be accompanied by a copy of this EULA.
Copies of inSpeak
Communicator may be distributed as a standalone product or included with
your own product as long as these copies are not sold or included in a product
or package that intends to receive benefits through the inclusion of this
part of the SOFTWARE.
inSpeak Communicator may be
included in any free or non-profit packages or products.
RESTRICTIONS
You must maintain
all copyright notices on all copies of the SOFTWARE.
LIMITATIONS
You may not modify, reverse engineer,
decompile, or disassemble the SOFTWARE, except and only to the extent that
such activity is expressly permitted by applicable law notwithstanding this
limitation.
RENTAL
You may not rent or
lease or lend the SOFTWARE.
SEPARATION OF COMPONENTS
The SOFTWARE is
licensed as a single product. Its component parts may not be separated for
use on more than one computer.
SOFTWARE TRANSFER
You may permanently transfer all of your rights
under this EULA one time, provided you retain no copies, you transfer all
of the SOFTWARE (including all component parts, the media and printed
materials, any upgrades, this EULA and, if applicable, the Certificate of
Authenticity), you do not receive any payment or other compensation for
transferring the SOFTWARE and the recipient agrees to the terms of this
EULA. If the SOFTWARE portion is an upgrade, any transfer must include all
prior versions of the SOFTWARE.
REPLACEMENT, MODIFICATION
AND UPGRADE OF THE SOFTWARE
Global Unicom, LLC.
reserves the right to replace, modify or upgrade the SOFTWARE at any time
by offering you a replacement or modified version of the SOFTWARE or such
upgrade and to charge for such replacement, modification or upgrade. Any
such replacement or modified software code or upgrade to the SOFTWARE
offered to you by Global Unicom, LLC. shall be considered part of the
SOFTWARE and subject to the terms of this EULA (unless this EULA is
superseded by a further EULA accompanying such replacement or modified
version of or upgrade to the SOFTWARE). In the event that Global Unicom,
LLC. offers a replacement or modified version of or any upgrade to the
SOFTWARE,
(a) your continued use of the SOFTWARE is conditioned on your acceptance of
such replacement or modified version of or upgrade to the SOFTWARE and any
accompanying superseding EULA and
(b) in the case of the replacement or modified SOFTWARE, your use of all
prior versions of the SOFTWARE is terminated.
TERMINATION
Without prejudice to any other rights, the
Author of this Software (Global Unicom, LLC.) may terminate this EULA if
you fail to comply with any terms and conditions of this EULA. In such
event, you must destroy all copies of the SOFTWARE and all of its component
parts.
SUPPORT SERVICES
Global Unicom, LLC.,
may provide you with support services related to the SOFTWARE
("Support Services"), in its discretion. Use of Support Services,
if any, is governed by the Global Unicom, LLC., policies and programs
described in the user manual, in "online" documentation, and/or
other Global Unicom, LLC., provided materials. Any supplemental software
code provided to you as a part of Support Services shall be considered part
of the SOFTWARE and subject to the terms of this EULA. With respect to
technical information you provide to Global Unicom, LLC., as part of the
Support Services, Global Unicom, LLC., may use such information for its
business purposes, including for product support and development. Global
Unicom, LLC. will not utilize such technical information in a form that
personally identifies you except to the extent necessary to provide you
with support.
Assisted support for the
SOFTWARE is available by contacting the Online Support Staff. This
assistance is provided to you free of charge and Global Unicom, LLC.
expressly disclaims any warranty for the support quality and any advice is
provided "as is" without warranty of any kind, either express or
implied, including, without limitation, the implied warranties or merchantability,
fitness for a particular purpose, or non-infringement. The entire risk
arising out of the provided support remains with you.
For more information on the
SOFTWARE, visit the inSpeak website at www.inspeak.com
STORAGE/MESSAGE
LIMITATIONS
The amount of
storage space per user is limited. Some messages may not be processed due
to space constraints, inbound or outbound message limitations. You agree
that Global Unicom, LLC. is not responsible or liable for the deletion or
failure to process or store messages. Global Unicom, LLC. shall have no
obligation to maintain any content in your account or to forward messages
to you or any third party.
COPYRIGHT
All title and copyrights in and to the SOFTWARE
(including but not limited to any images, photographs, animations, video,
audio, music, and text incorporated into the SOFTWARE), the accompanying
printed materials, and any copies of the SOFTWARE are owned by the Author
of this Software: Global Unicom, LLC. The SOFTWARE is protected by
copyright laws and international treaty provisions. Therefore, you must
treat the SOFTWARE like any other copyrighted material.
DISCLAIMER OF WARRANTIES
The Author of this
Software (Global Unicom, LLC.) expressly disclaims any warranty for the
SOFTWARE. The SOFTWARE and any related documentation or other products or
services of Global Unicom, LLC., all of which are provided "as
is" without warranty of any kind, either express or implied,
including, without limitation, the implied warranties or merchantability,
fitness for a particular purpose, or non-infringement. The entire risk
arising out of use or performance of the SOFTWARE, SOFTWARE INFORMATION and
other products or services of inSpeak remains with you.
YOU EXPRESSLY AGREE THAT USE
OF inSpeak Communicator IS AT YOUR OWN RISK. NO WARRANTY, REPRESENTATION,
CONDITION, UNDERTAKING OR TERM - EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE
- INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, DURABILITY,
PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE OR USE OF inSpeak Communicator IS GIVEN OR
ASSUMED BY Global Unicom, LLC. ALL SUCH WARRANTIES, REPRESENTATIONS,
CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. Global Unicom, LLC.
MAKES NO WARRANTY THAT inSpeak Communicator WILL MEET YOUR REQUIREMENTS, OR
THAT inSpeak Communicator WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE;
NO LIABILITY FOR DAMAGES
In no event shall the author of this Software
be liable for any special, consequential, incidental or indirect damages
whatsoever (including, without limitation, damages for loss of business
profits, business interruption, loss of business information, or any other
pecuniary loss) arising out of the use of or inability to use this product,
even if the Author of this Software (Global Unicom, LLC.) is aware of the
possibility of such damages and known defects.
REGISTRATION
inSpeak Communicator
is a freeware product. It may be used free of charge. However some services
provided by this product are not free and the prices for using such
services are provided on the website www.inspeak.com.
Global Unicom, LLC. reserves
all rights to start charging for using this product or any related services
at any time without a previous notice.
UNINSTALL
By uninstalling the
SOFTWARE all files and folders created by the SOFTWARE will be removed.
Make sure to backup the received and history log files before you remove
inSpeak from your computer if you want to preserve them. The author (Global
Unicom, LLC.) is not responsible of any damages or loss of any files stored
in these and other of your folders.
CHAT SERVICE
The chat service available on or through this
SOFTWARE is provided to you by Global Unicom, LLC. on an "AS IS" basis
subject to the provisions contained herein for your private personal use
only. Any other use or attempt to use inSpeak for commercial purposes,
promotion of products and services, or other such purposes, directly or
indirectly, by you or by a third party is prohibited
CHILDREN UNDER 13
Please note that
inSpeak as well as the inSpeak Web site, network, system, software,
service, 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 Global Unicom, LLC.'s attention
through reliable means that a registered user is a child under 13 years of
age, Global Unicom, LLC. will cancel that user's account.
PROHIBITED ACTIONS
You agree that you will not:
1- harass, threaten, abuse,
defame, embarrass or cause distress or discomfort upon another inSpeak
participant;
2- transmit via inSpeak any information, data, text, files, links,
software, chat, content, communication or other materials and terms of
expression("Information") that are offensive, racial,
discriminating, unlawful, information or instructions concerning illegal
activities, harmful, threatening, abusive, harassing, defamatory, obscene,
or otherwise objectionable;
3- transmit via inSpeak any Information that infringes any patent,
trademark, trade secret, copyright or other proprietary right;
4- disrupt the normal flow of Information on or through inSpeak or
otherwise act in a manner that negatively affects other participants;
5- post or transmit any unsolicited advertising, promotional materials, or
any other forms of solicitation;
6- intentionally or unintentionally violate any applicable local, state,
national or international law;
7- 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 SOFTWARE INFORMATION or
any part thereof in any manner other than as authorized by this EULA or by
a separate written agreement between You and inSpeak (Global Unicom, LLC.).
8- Impersonate any person, leader, inSpeak official, administrator, helper
or host.
CERTAIN RISKS
You acknowledge that
there are certain risks inherent to the use of inSpeak. These include, but are
not limited to, disclosure of confidential information (including personal
details), the improper operation of inSpeak (such as failing to function or
to function correctly), and the risk that third parties directly or
impersonating themselves as someone they are not, will contact you or
attempt to contact you as a result of Global Unicom, LLC.'s provision of
and/or your use of inSpeak.
IF YOU PUBLISH PERSONAL
INFORMATION, THERE IS A POSSIBILITY THAT THIRD PARTIES COULD HARASS YOU,
ATTEMPT TO CONTACT YOU, AND, TRY TO HARM YOU. THEREFORE, IT IS IMPORTANT
THAT YOU CAREFULLY CONSIDER THE RISK BEFORE DISCLOSING AND PUBLISHING
PERSONAL INFORMATION AND THAT YOU UNDERSTAND THAT ANY SUCH DISCLOSURE AND
PUBLISHING ARE MADE BY YOU AT YOUR OWN RISK.
You should also note that
the file transfer, the private calls and the webcam conferences you
establish on or through inSpeak will be stamped with your IP address, thus
allowing third parties to view it, and/or use it for harmful, unlawful, or
distressing purposes.
Without limitations to the
generality of the aforesaid and foregoing, due to the nature of Internet,
computers, data flow, and other technical and economical practicalities,
inSpeak Communicator as, like most computer data and Internet applications,
is vulnerable to various security issues and hence should be considered
unsecured. By using the inSpeak Communicator and the Internet in general,
you may be subject to various risks, including among others eavesdropping,
sniffing, spoofing, forgery, spamming, "imposturing", tampering,
breaking passwords, harassment, fraud, electronic trespassing, hacking,
nuking, system contamination including without limitation, viruses, worms,
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. Information received or
delivered on and through inSpeak Communicator may be subject to other
security or privacy hazards or may not reach its destination or reach an
erroneous address or recipient. inSpeak Communicator is not different than
other applications in this respect.
INFORMATION
You must evaluate, and bear the risk associated
with, the accuracy, completeness or usefulness of any Information received
on or through inSpeak Communicator. Global Unicom, LLC. shall not be
obligated to actively monitor the Information users deliver or send on or
through inSpeak Communicator and shall not be responsible for any
Information received on or through inSpeak Communicator.
THE INFORMATION ON INSPEAK
COMMUNICATOR MAY INCLUDE INAPPROPRIATE MATERIAL. BY ENTERING INSPEAK
COMMUNICATOR YOU UNDERTAKE FULL RESPONSIBILITY FOR:
(A) DETERMINING WHETHER THE INFORMATION COMPLIES WITH YOUR NEEDS
(B) DETERMINING WHETHER YOU HAVE ADEQUATE LEGAL RIGHTS TO STORE, REPRODUCE
OR OTHERWISE USE THE INFORMATION IN ANY MANNER CONTEMPLATED BY YOU
(C) COMPLIANCE WITH ANY LEGAL OBLIGATIONS, INCLUDING BUT NOT LIMITED TO,
OBLIGATIONS IMPOSED BY COPYRIGHT, SECRECY, DEFAMATION, DECENCY, PRIVACY AND
EXPORT LAWS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ENTER INSPEAK
COMMUNICATOR.
GLOBAL UNICOM, LLC. DOES NOT
WARRANT OR GUARANTEE:
1- that any Information received on or through inSpeak Communicator will be
free of infection by viruses, worms, Trojan horses or anything else
manifesting contaminating or destructive properties;
2- that the Information
received on or through inSpeak Communicator will not contain adult-oriented
material, or material which some individuals may deem objectionable;
3- that the functions or
services performed by Global Unicom, LLC. will be uninterrupted or
error-free or that defects in inSpeak Communicator will be corrected. It is
the sole responsibility of the user to isolate software and Information,
execute anti-contamination software and otherwise take steps to ensure that
software or Information, if contaminated or infected, will not damage
user's information or system.
GLOBAL UNICOM, LLC. MAKES NO
REPRESENTATIONS AS TO THE SUITABILITY OF THE INFORMATION DELIVERED OR
RECEIVED ON OR THROUGH INSPEAK COMMUNICATOR FOR ANY PURPOSE NOR ABOUT ITS
LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY,
QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. ALL SUCH INFORMATION IS
SOLELY PROVIDED BY THE USERS. THE INFORMATION DELIVERED OR RECEIVED ON OR
THROUGH INSPEAK COMMUNICATOR IS NOT REVIEWED, CONTROLLED OR EXAMINED BY
GLOBAL UNICOM, LLC. IN ANY WAY BEFORE IT APPEARS ON INSPEAK COMMUNICATOR.
GLOBAL UNICOM, LLC. DOES NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE
CONTENTS OF ANY SUCH INFORMATION. USERS ARE SOLELY RESPONSIBLE FOR THE
CONTENTS OF THEIR MESSAGES AND MAY BE HELD LEGALLY LIABLE OR ACCOUNTABLE
FOR THE CONTENTS OF THEIR MESSAGES (INCLUDING, WITHOUT LIMITATION,
INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS).
IN NO EVENT SHALL GLOBAL
UNICOM, LLC. 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 INSPEAK COMMUNICATOR EVEN IF GLOBAL
UNICOM, LLC. 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.
In no event shall Global
Unicom, LLC. be liable to anyone for any delays, inaccuracies, errors or
omissions with respect to the Information or the transmission or delivery
of all or any part thereof, for any damage arising therefrom or occasioned
thereby, or for the results obtained from the use of the content of
messages.
ROOMS MONITORING
By installing or
using this software, you consent to allow Global Unicom, Inc to monitor or
record any or all of your activities and communications while using the
software. You also agree that Global Unicom, Inc does not need to give you
any notice of such monitoring or recording. Such monitoring or recording,
however, will only take place under the circumstances set forth in the
inSpeak Privacy Statement, as amended from time to time, which you can view
at www.inspeak.com.
MISCELLANEOUS
1- Global Unicom, LLC. shall not be obligated
but reserves the right and the sole discretion to
(a) make improvements,
corrections, adaptations, conversions and/or any other change in the
SOFTWARE and to any part thereof and/or to a revised or new Terms of Use;
(b) change, limit, terminate
or cease to provide at any time, temporarily or permanently, the SOFTWARE
functionality or any part thereof, including but not limited to, to any
room, nickname or robot, to all users or any number thereof including
without limitation, the access to inSpeak Communicator and or the web site
granted to you or to any other user, at any time, including but not limited
while you are chatting or sending or delivering Information, without
notice, for any reason or no reason;
(c) conduct scans for
unsecured proxies, Trojan horses, viruses or any other means for
interrupting the normal flow of information on inSpeak Communicator and
deny or reject any connection to inSpeak Communicator of any user or any
number thereof, using such unsecured proxies, Trojan horses, viruses or any
other means of interrupting the normal flow of information on inSpeak
Communicator;
(d) nominate any person who
may not be an inSpeak employee to monitor, using his own discretion, any
chat room and to allow him to deny or terminate access granted to you or
any other user, without notice, at anytime, including while you are
chatting or delivering or sending information. inSpeak may cancel such
nomination, at any time for any reason or no reason;
(e) refrain from publishing
on this Site and delete from this Site any Information or material provided
for display or sent or delivered from any user;
(f) establish a new
operating and usage policy for inSpeak Communicator and change it at any
time for any reason or no reason;
(g) cancel, change, hold,
de-list, introduce different options and features to different users or
refrain from publishing inSpeak numbers or any other details of the users
using inSpeak Communicator, at any time.
2- Global Unicom, LLC. may
change from time to time, the Terms of Service including these Terms of
Use. You agree that your use of inSpeak Communicator and any other
services, beyond a period of 30 days after a notice of such change has been
provided on the inSpeak network or Web site for the first time, shall
constitute your consent to the new or revised inSpeak Terms of Service.
3- In case of contradiction
between any provision of the End User License Agreement ("EULA")
and any provision of this document, the provision of the EULA shall prevail,
unless the provision of this document reflects narrower responsibility on
behalf of Global Unicom, LLC. than the relevant provision of the EULA. In
case of contradiction between any provision of this document and any
provision of the help file or other inSpeak help file, or the Usage Notices
the provision of this document shall prevail, unless the provision of the
inSpeak help file or usage notices reflect narrower responsibility on
behalf of Global Unicom, LLC. than the relevant provision of this document
in which case the narrower provisions will control.
4- Any reference made in
this document to Global Unicom, LLC. shall be deemed to have been made to
Global Unicom, LLC., its subsidiaries, successors, assignees, affiliates as
well as any company that controls Global Unicom, LLC., directly or
indirectly, and any other subsidiary of that controlling company. GOVERNING
LAW AMENDMENTS
5- The most recent and
complete End User License Agreement (EULA) is available at www.inspeak.com. In case of any conflict between any
terms in the EULA that is distributed with the program and the EULA at www.inspeak.com, then the EULA at www.inspeak.com will be controlling.
In enforcing, interpreting
and for all other purposes, this Agreement will be governed by the
substantive laws of the State of Florida and in the event of a dispute
arising hereunder, you agree to be bound by the exclusive jurisdiction of
the federal and state courts located in the State of Florida, County of
Sunrise. If a court determines any remedy provided to you under this
Agreement has failed of its essential purpose, the limitations of liability
and exclusion of damages and warranties above shall not be affected and
remain in full force and effect
Revised on March/07/2006
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