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License Agreement for AOL® Instant Messenger™
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. Charges.
Please consult your rate plan and agreement with your service
provider to determine if the Service is included in your rate plan, or if other
charges may apply.
5. Termination.
Should you breach this Agreement, your right to use the
Software and the Service shall terminate immediately and without notice.
You may also terminate this Agreement by simply discontinuing use of the
Software and the Service. 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.
6. No Support by AOL.
You understand that you use the Software and the
Service at your own risk and provides no assistance or support for your use
of the Software or the Service.
7. Disclaimer of Warranty.
THE SOFTWARE AND THE SERVICE 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) MERCHANTABLE, (F) FIT FOR A PARTICULAR PURPOSE OR (G)
NON-INFRINGING, UNLESS SUCH WARRANTIES ARE LEGALLY
INCAPABLE OF EXCLUSION. AOL SHALL HAVE NO LIABILITY WITH
RESPECT TO USE OF THE SOFTWARE OR THE SERVICE.
8. 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
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