End User License Agreement

The WebXMPP web service, its associated website, related components, and documentation (the "SOFTWARE") are Copyright 2003-2005 by Howling Dynamo, Inc. (the "COMPANY") or its suppliers. All Rights Reserved.

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All copyrights and title to the SOFTWARE are owned and retained by the COMPANY or its suppliers. This License grants you the following rights, subject to the following terms and conditions.

The COMPANY may, from time to time, amend this Agreement without notice to you. The current version of this Agreement can always be found at http://webxmpp.com/license.html.

You may access the public website that provides the user interface to the SOFTWARE, free of charge, for any legal purpose.

You may not reverse engineer the SOFTWARE, except as permitted by applicable law. You may not commercially exploit or create derivative works of the SOFTWARE, or any portion of it, without the express written permission of the COMPANY.

The COMPANY may alter the SOFTWARE at any time, without notice, for any reason, or for no reason at all.

The COMPANY may, at its sole discretion, terminate your use of the SOFTWARE at any time, without notice, for any reason, or for no reason at all.

Privacy:

The COMPANY collects no personal information. You are not required to 'register' to use the SOFTWARE. The COMPANY does not, as a policy, examine the content of your messages, however, you acknowledge that the COMPANY may, at its sole discretion, do so, should such examination be required by law, or be, in any other way, reasonably necessary.

Limitation of Warranty and Liability:

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS PRODUCT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS COMPANY'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NO COMPANY DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.

Governing Law and Jurisdiction:

This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the State of New Mexico and the United States of America. You and COMPANY agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Fe, New Mexico in connection with any dispute relating to this Agreement or your use of the SOFTWARE.

Severability:

If any portion of this Agreement is determined to be invalid or unenforceable, that portion shall be reformed only to the extent necessary to make it enforceable, and the remaining portions shall remain in full force and effect.

Last updated: 20050511