AOL Instant Messenger End User Registration and License Agreement 
 
Welcome to the ever-growing community of AOL Instant Messenger (SM) users!  This exciting and easy-to-use instant communications service allows you to see when your AOL Instant Messenger friends are online and then communicate with them instantly.  You'll be able to communicate with AOL's Instant Messenger users -- no matter how they access the Internet -- as well as with Buddy List (R) users of the AOL proprietary online service.

When an AOL Instant Messenger user sends you an instant message, you'll get the message on a small pop-up screen, and you can respond instantly.  It's that easy.  

To use AOL's Instant Messenger service, you must complete the registration process and accept this Registration and License Agreement.  Read the registration and license agreement below, and when you've agreed to it, you'll be all set to join AOL's Instant Messenger community!

End User Registration and License Agreement for AOL Instant Messenger (SM) 

The AOL Instant Messenger software ("Software") and service ("Service") are provided to you free of charge, "AS IS," subject to the terms and conditions of this Registration and License Agreement (the "Agreement").  Please read this Agreement in full before using the Service.  ONLY INDIVIDUALS WHO HAVE AGREED TO THE TERMS OF THIS AGREEMENT MAY USE THE SOFTWARE OR ACCESS THE SERVICE.

BY CLICKING BELOW, YOU WARRANT THAT YOU ARE EIGHTEEN YEARS OR OLDER AND AGREE TO USE THE SOFTWARE AND SERVICE AS PROVIDED IN THIS AGREEMENT.  

1. Limited License.  AOL grants you a limited, non-exclusive license to use the Software to access the Service for your own individual use.  

2.  Restrictions on Use.  You may not redistribute the Software or provide others with access to the Service (including, without limitation,  providing third parties with access to the proprietary Instant Messenger namespace database).  You may not create or use any software other than the Software provided by AOL to access the Service, without the express written authorization of AOL.  You may not modify, reverse engineer, decompile or disassemble the Software or in any way ascertain, decipher, or obtain the communications protocol for accessing the Service.  You may not adapt, alter, modify, translate, or create derivative works of the Software (including without limitation the communications protocols for the Service) without the express written authorization of AOL.  Because AOL's ability to offer the Service free of charge is dependent, on whole or in part, on generating advertising revenues from the Service, you may not 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 this Software and Service.  You may not register with and log on and off the Service, send and receive instant messages via the Service or identify when other Service members are online except through use of this Software and Service and in conformance with the terms and conditions of this Agreement.  You may not collect or solicit screen names or password information.  Finally, you may not authorize or assist any third party to do any of the things described in this paragraph.

3. Your Representations.  You represent and warrant that you will use the Software and the Service only for lawful purposes and in accordance with this Agreement, and that you will not use the Software or the Service to violate any law, regulation or ordinance or any right of AOL or any third party, including, without limitation, any right of privacy, publicity, copyright or trademark.

4. Termination.  Should you breach this Agreement, your right to use the Service and the Software shall terminate immediately and without notice.  You may also terminate this Agreement by simply discontinuing use of the Service and the Software.  In the event of any termination of this Agreement, the restrictions on your use of the Software and Service as set forth in Paragraph 2 ("Restrictions on Use") shall survive such termination, and you agree to be bound by those terms.

5. No support by AOL.  You understand that you use the Software and Service at your own risk and that AOL provides no assistance other than the information posted on the AOL Web site located at http://www.aol.com/aim/faq.  AOL and its officers, directors, employees and agents are not responsible for your use of the Software or the Service. 

6. Terms of Use and Privacy Policy.  The AOL.com Terms of Use and privacy policy govern your use of the screen name given to you and your use of this Service.  You can view these policies at http://www.aol.com/copyright.html and http://www.aol.com/info/privacy.html. AOL reserves the right to terminate your access to the Service without notice, if in AOL's sole discretion, there has been a violation of the AOL.com Terms of Use.  

7. AOL Instant Messenger Member Directory.  Service user profiles in the Member Directory can be seen and used by ALL Service users. By default, information about you is NOT included in the Member Directory. You understand that entering information within the Member Directory is solely at your discretion.

8. Web Chats. AOL Instant Messenger Web Chat is provided on AOL.com at http://www.aol.com/community/chat/allchats.html and may be available elsewhere on the Web.  AOL has provided Chat Rules and Etiquette located at http://www.aol.com/community/rules.html.  You are encouraged to be responsible in your use of chat and to respect others participating within the chat community. Your conduct should be guided by common sense, basic etiquette, and the Chat Rules.  Please keep in mind that any information posted in a Web Chat is accessible to be viewed and used by other AOL Instant Messenger users.

9. IM Direct and File Transfer Functions.  IM Direct and file transfer functions allow you to send and receive files (including text, sounds and images) through the Service. AOL and its officers, directors, employees and agents are not responsible for any files you send or receive.  You understand that there are certain risks to accepting or downloading files from other Service users, which include, without limitation, the possibility of damage to your computer and files and data stored on your computer. You also understand that files you share with other Service users may be redistributed and used without your knowledge. In sending and receiving files, other Service users may also be able to determine your IP address. 

10. Neighborhood Watch. AOL Instant Messenger contains a Neighborhood Watch feature which empowers Service users to assess "warnings" against other Service users who misuse the system.  This feature allows you to warn other users about anyone who sends you a "crank" or other inappropriate message.  AOL Instant Messenger also empowers you to "block" messages from other users in your discretion.  You understand that use of the "warning" and "block" features by others may limit your use of the Service. You understand that Buddy List users from AOL's subscription service may have the use of different features than the ones available on the Internet-based AOL Instant Messenger Service.

11. No Monitoring/Archiving/Endorsement by AOL.  You agree that AOL has no duty to monitor, control, archive or endorse the content distributed by AOL Instant Messenger users through the Service (such as messages, sounds, images, Web chats and Member Directory profiles).  AOL specifically disclaims any liability arising from your use of the Software or the Service. AOL and its officers, directors, employees and agents are not responsible for any content distributed by you through the Software or Service.  Notwithstanding the foregoing, you acknowledge that AOL reserves the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request concerning your use of the Service, or to edit, refuse to post, or to remove any information, posting or materials in the Member Directory, in whole or in part, without any prior notification to you.

12. Changes to the Service.  AOL reserves the right, with 30 days advance notice, to introduce charges for the use of the Service. AOL may, in its sole discretion and at any time, modify or discontinue the Software and/or the Service, or limit, terminate or suspend your use of the Software and/or the Service without prior notification to you. 

13. Disclaimer of Warranty.  THE SERVICE AND SOFTWARE ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE SOFTWARE AND THE SERVICE ARE (A) FREE OF DEFECTS OR ERRORS, (B) VIRUS FREE, (C) ABLE TO MEET ANY REQUIREMENTS OF YOU OR ANYONE ELSE, (D) ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, (E) YEAR 2000 COMPLIANT, (F) MERCHANTABLE, (G) FIT FOR A PARTICULAR PURPOSE OR (H) NON-INFRINGING, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.  YOU UNDERSTAND THAT AOL HAS NO CONTROL OVER THE CONTENT TO WHICH YOU MAY BE EXPOSED DURING USE OF THE SERVICE, AND THE ENTIRE RISK OF USING THE SERVICE IS YOURS.  AOL'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE SERVICE AND THE SOFTWARE SHALL BE THE REPLACEMENT OF ANY SOFTWARE FOUND TO BE DEFECTIVE.  

14. Limitation of Liability.  NEITHER AOL, ITS EMPLOYEES, DISTRIBUTORS, SUPPLIERS, DIRECTORS, NOR AGENTS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND LOST DATA, IN ANY WAY ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IN THE EVENT SUCH PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AOL'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

15. No Trademark License.  No license is granted to you in this Agreement, either expressly or implicitly, to use any trademark, service mark, names, or logos of America Online, Inc., including America Online, AOL, AOL Instant Messenger, Instant Messenger, AIM and the Running Man Logo.  AOL owns all intellectual property in the Software and Service and the proprietary AOL name space database, including but not limited to AOL components and algorithms and access to the Service server complex.  AOL owns all customer data collected through the Service registration process.

16. Injunctive Relief.  You acknowledge that the Software and the Service contain AOL's proprietary and confidential information, and that disclosure of such information or misuse of the Software or Service will give rise to irreparable injury to AOL, inadequately compensable in damages.  Accordingly, AOL may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies which may be available.

17. Construction.  If any part of the Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect.  The laws of the Commonwealth of Virginia, excluding its conflicts-of-law rules, govern this Agreement, and you expressly agree that jurisdiction for any claim or dispute arising from the use of the Service or Software resides in the federal and state courts of the Commonwealth of Virginia.

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