AOL COMMUNICATOR END-USER LICENSE AGREEMENT
Redistribution Or Rental Not Permitted 

BY CLICKING THE "ACCEPT" BUTTON OR INSTALLING OR USING AOL COMMUNICATOR SOFTWARE, INCLUDING ANY THIRD PARTY SOFTWARE PROVIDED THEREWITH (THE "PRODUCT"), YOU WARRANT THAT YOU ARE AN AOL MEMBER, YOU AGREE TO USE THE PRODUCT PURSUANT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR USE OF THE PRODUCT IS ALSO GOVERNED BY THE AOL MEMBER AGREEMENT AND PRIVACY POLICY (COLLECTIVELY THE "TOS"), AND YOU AGREE THAT YOU ARE BOUND BY AND ARE A PARTY TO THIS AGREEMENT. 

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT OR IF YOU ARE NOT AN AOL MEMBER, CLICK "CANCEL" AND DO NOT INSTALL OR USE THE PRODUCT. 

1.  LICENSE GRANT.  Provided that you are an AOL member in good standing with a valid AOL Screen Name and Password, and subject to the terms and conditions of this Agreement, America Online, Inc. ("AOL") and its licensors grant you a personal, limited, non-exclusive, non-sublicensable, non-transferable license to install and use the executable code version of the Product. You must be at least eighteen (18) years old to use Instant Messenger for AOL Communicator. This license does not entitle you to receive from AOL or its licensors or other suppliers hard-copy documentation, enhancements or updates to the Product.  

2.  RESTRICTIONS.  Except with AOL's prior written consent or as otherwise expressly permitted in this Agreement, you may not, and you may not allow anyone else to: (i) modify or create any derivative works of the Product or documentation, including customization, translation or localization; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product (except to the extent applicable laws specifically prohibit such restriction) or in any way ascertain, decipher, or obtain the communications protocol for accessing the AIM or AOL service; (iii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Product; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product; (v) block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Product or AOL service; (vi) allow anyone who is not an AOL member to use the Product; or (vii) use the Product in any way that violates AOL's TOS (available at Keyword: TOS).

3.  FEES.  There is no license fee for the Product. Should the Product be made available on media, if you wish to receive the physical package, there may be a small charge for the media and for shipping and handling. You are responsible for any and all taxes. 

4.  TERMINATION.  This Agreement and your right to use the Product shall terminate immediately and without notice should you breach this Agreement or should your membership with AOL be terminated. In the event of any termination of this Agreement or your rights hereunder, all provisions of this Agreement except the License Grant (Paragraph 1) shall survive such termination and you agree to continue to be bound by those terms. Upon termination, you shall destroy all copies of the Product. 

5.  PROPRIETARY RIGHTS.  Title, ownership rights, and intellectual property rights in the Product and the AOL namespace database, including but not limited to AOL components and algorithms and access to the AOL service server complex, shall remain in AOL and/or its licensors and other suppliers. You expressly acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with AOL's or its licensors' or other suppliers' ownership of or rights with respect to the Product. The Product is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content (such as emails, instant messages, and their attachments) accessed through the Product are the property of the applicable content owner and are protected by applicable law. The license granted under this Agreement gives you no rights in or to such content. All trademarks used in connection with the Product are owned by AOL, its affiliates or its licensors and other suppliers, and no license to use any such trademarks is provided hereunder. You agree that AOL may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Product.

6.  USE AND AVAILABILITY OF OPEN SOURCE CODE.  Portions of the Product were created using source code available through various open source projects. The licenses and availability of source code for such components are specified in the copyright notice file (copyright-notice.txt) delivered with this Product. 

7.  DISCLAIMER OF WARRANTY.  THE PRODUCT IS PROVIDED WITH ALL FAULTS ON AN "AS IS" BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE PRODUCT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, OF SATISFACTORY QUALITY, FIT FOR A PARTICULAR PURPOSE, OR NON-INFRINGING, EXCEPT TO THE EXTENT SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. AOL AND ITS LICENSORS AND OTHER SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONALITY OF THE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT ERRORS IN THE PRODUCT WILL BE CORRECTED, NOR DO THEY WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AOL OR AN AOL AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. AOL AND ITS LICENSORS AND OTHER SUPPLIERS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE PRODUCT. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT AND YOU ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 

8.  LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AMERICA ONLINE, INC. OR ITS PARENT, SUBSIDIARIES, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE "AOL GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT OR ITS DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE AOL GROUP'S ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED THE SUM OF ANY FEES YOU PAID FOR THIS LICENSE, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF AOL TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 

9.  DIGITAL CERTIFICATES.  The Product supports certain cryptographic and authentication features, including but not limited to Secure Sockets Layer communications that may require the installation and/or use of a digital certificate. Digital certificates are issued, validated, and revoked by third-party certification authorities ("CAs") over which AOL has no control. You are solely responsible for familiarizing yourself with the terms and conditions established by a CA for the use of, or reliance upon, its digital certificates, including but not limited to any obligation you may have to validate a digital certificate, maintain the security of a cryptographic key or password, or pay fees for certification services. AOL has preloaded digital certificates of certain CAs into the Product in order to facilitate the recognition of digital certificates that such CAs have issued to persons, organizations, or devices (including software code). YOU ARE SOLELY RESPONSIBLE FOR ANY DECISION TO USE OR RELY UPON A DIGITAL CERTIFICATE, INCLUDING THOSE DIGITAL CERTIFICATES THAT AOL HAS PRELOADED INTO THE PRODUCT. AOL BEARS NO RESPONSIBILITY FOR THE VALIDITY OR ACCURACY OF ANY DIGITAL CERTIFICATE, OR FOR THE SECURITY OR INTEGRITY OF ANY TRANSACTION OR COMMUNICATION AUTHENTICATED BY A DIGITAL CERTIFICATE.

10.  EXPORT CONTROL.  You agree to comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority, and not to export, re-export or import the Product or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. For example, you may not export or re-export any commodities, software, or technical data received from AOL, or any direct product of such commodities, software or technical data, to any proscribed country, party, or entity listed in the applicable laws, regulations, and rules of the U.S. Government unless properly authorized. As applicable, each party shall obtain and bear all expenses and responsibility relating to any necessary licenses and/or exemptions with respect to its own export or re-export of the Product from the U.S. 

11.  HIGH RISK ACTIVITIES.  The Product is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as, but not limited to, the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Product could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, AOL and its licensors and other suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. You agree that AOL and its licensors and other suppliers will not be liable for any claims or damages arising from the use of the Product in such applications. 

12. INJUNCTIVE RELIEF.  You acknowledge and agree that, notwithstanding any other provisions of this Agreement, your breach or threatened breach of this Agreement shall cause AOL irreparable damage for which recovery of money damages would be inadequate and that AOL therefore may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity. 

13.  U.S. GOVERNMENT END-USERS.  The Product is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government End-Users acquire the Product with only those rights set forth herein. 

14.  MISCELLANEOUS.  (a) This Agreement shall be governed by the laws of the Commonwealth of Virginia, U.S.A., excluding its conflict of law provisions. (b) You expressly agree that jurisdiction for any claim or dispute arising out of or in connection with this Agreement or use of the Product resides in the federal and state courts of the Commonwealth of Virginia and you consent to the personal jurisdiction thereof. (c) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (d) If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect, or AOL may at its option instead terminate this Agreement. (e) The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only. (f) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (g) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. AOL may assign this Agreement to any entity at its sole discretion. (h) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (i) AOL may use your name in any customer reference list or in any press release issued by AOL regarding the licensing of the Product and/or provide your name as a licensee of the Product to third parties. 

15.  USER OUTSIDE THE U.S.  If you are using the Product outside the U.S., then the provisions of this Section shall apply: (i) Les parties aux presentes confirment leur volonte que cette convention de meme que tous les documents y compris tout avis qui s'y rattache, soient rediges en langue anglaise. (translation: "The parties confirm that this Agreement and all related documentation is and will be in the English language."); (ii) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Product, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.

AOL Communicator EULA
rev. 7-17-03 