ITooLabs User Agent License Agreement

NOTICE TO ALL USERS: BY PURCHASING THE LICENSE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT.

1. LICENSE. The User Agent Software and Documentation whether on disk, in read-only memory, or on any other media (collectively, 'the Software') are licensed, not sold, to you by ITooLabs, a Limited Liability Company, located at 7-10 Adam Street, The Strand, London, UK, WC2N 6AA ("ITL"). All copies of the Software you use are subject to this License.
2. PERMITTED USES and RESTRICTIONS. This License allows you to use the User Agent Software with CommuniGate Pro server on a single Personal Computer or many Personal Computers. The User Agent Software is licensed for the single Account Name you have registered with the CommuniGate Pro server. You expressly acknowledge that this Account Name exists and that it is registered to you. THE ACCOUNT NAME CANNOT BE CHANGED ONCE THE LICENSE IS ISSUED. You may not, except as permitted by applicable law, decompile, reverse engineer, disassemble, modify, rent, lease, loan or create derivative works from the User Agent Software. You may modify the User Agent Software components defined as "customizable" in the Documentation. Your rights under this License will terminate automatically without notice from ITL if you fail to comply with any term(s) of this License.
3. FUTURE VERSIONS. ITL may from time to time develop new versions of the User Agent Software. Nothing in this Agreement shall obligate ITL to develop any particular update or enhancement. This License grants you a right to use new versions of the User Agent Software released within 12 months from the date of initial purchase (called 'Initial Date'). ITL may choose to implement new features and/or components of the User Agent Software that require additional Licenses. You are not obligated to purchase additional Licenses if you choose not to use those new features and/or components.
4. MAINTENANCE. Purchasing the initial License allows you to use User Agent Software versions released within 12 months from the Initial Date. Updated Licenses can be issued at any month on the same day of month as the Initial Date, or on the last day of month if this month is shorter. This date is called the Update Date. The updated License/s grants you a right to use new versions of the User Agent Software released within 12 months from the Update Date. The price of the Updated License is calculated as the number of months past since the last Update Date (or the Initial Date) multiplied by the maintenance fee rate.
5. TERMINATION. This License is unlimited in time, and it can be terminated only as described in Section 2.
6. DISCLAIMER of WARRANTY on the Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The User Agent Software is provided 'AS IS' and without warranty of any kind and ITL EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ITL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, ITL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ITL OR A ITL AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT ITL OR A ITL AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
7. LIMITATION of LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ITL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall ITL's total liability to you for all damages exceed the amount paid for this License.
8. Controlling Law and Severability. If there is a local subsidiary of ITL in the country in which the Software License were purchased, then the local law in which the subsidiary sits shall govern this License. Otherwise, this License shall be governed by the laws of England. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
9. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the ITooLabs Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by ITL.

End of License Agreement