BETA SOFTWARE. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE WEB AIM SOFTWARE IS PRE-RELEASE SOFTWARE (KNOWN AS "BETA") AND THAT IT MAY CONTAIN ERRORS, DEFECTS AND REDUCED OR INACCURATE FUNCTIONALITY. THEREFORE, NO WARRANTY OR INDEMNITY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IS GIVEN BY AOL IN CONNECTION WITH YOUR USE OF THE BETA WEB AIM CODE. YOU AND AOL AGREE AND ACKNOWLEDGE THAT ALL SUCH WARRANTIES ARE HEREBY EXCLUDED AND THE WEB AIM CODE ARE PROVIDED "AS IS."
IN NO EVENT WILL AOL BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING UNDER THIS MOU, ARISING OUT OF YOUR USE, POSSESSION, OR OPERATION OF THE WEB AIM CODE OR OTHERWISE. YOU HEREBY WAIVE SUCH DAMAGES, LOSSES, AND EXPENSES.
BY CLICKING "I AGREE" BELOW, OR BY USING THE Web AIM CODE, YOU CONFIRM THAT YOU HAVE ACCEPTED THE AIM DEVELOPERS LICENSE AGREEMENT AND THIS ADDENDUM (THE "AGREEMENT"), AND WISH TO OBTAIN THE WEB AIM CODE. IF YOU DO NOT AGREE TO THE FOLLOWING ADDITIONAL TERMS, CLICK THE "CANCEL" BUTTON BELOW AND DO NOT ACCESS AND/OR DOWNLOAD THE WEB AIM CODE.
Defined terms used herein and not defined are defined in the main body of the Agreement.
This addendum is hereby incorporated by reference into and made a part of the Agreement.
DESCRIPTION OF TOOLS. The "Web AIM Code" is made available to provide access to the AOL IM Network for the purpose of facilitating IM functionality, obtaining or displaying a user's Buddy List, or obtaining or displaying other metadata provided by the Web AIM APIs in the Application.
The Web AIM Code also offers access to the AOL IM Network for the purpose of allowing the display of online presence and activity indication for registered users of an AOL Service. This is accomplished on your Site by your implementing code created with certain application programming interfaces ("API"), Documentation, and either AOL-provided presence icons and/or certain online presence or activity status indicators (each a "Presence Indicator") or other non-AOL-provided Presence Indicators of your choice. A Site user clicking on the Presence Indicator for a Screen Name will result in either the launch of the AOL Instant Messengerâ„¢ client software, if installed on the Site user's PC, initiating an AOL Service communication session or the sending of an instant message using the Web AIM Tools. As used herein, "Site" means any website located at a URL address (and not any Client) on which you place any code that calls or accesses the API that renders the AIM presence or online activity services. If your Site is located within a proprietary, nonpublic network, you must grant AOL access to such Site for periodic reviews, upon request by AOL.
TRADEMARK LICENSE. SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, AOL HEREBY GRANTS YOU A LIMITED, NONEXCLUSIVE, NONSUBLICENSABLE, NONTRANSFERABLE LICENSE TO USE THE UNALTERED PRESENCE INDICATORS SOLELY FOR THE PURPOSE OF INDICATING THE ONLINE PRESENCE OR ACTIVITY STATUS OF SCREEN NAMES, WHICH PRESENCE INFORMATION SHALL ONLY BE VIEWABLE BY SITE USERS, SOLELY IN ACCORDANCE WITH THESE TRADEMARK LICENSE RIGHTS AND RESTRICTIONS, AND ANY PRESENCE INDICATORS USAGE OR STYLE GUIDELINES THAT AOL MAY INCLUDE WITH THE DOCUMENTATION. YOU SHALL COMPLY WITH ALL APPLICABLE LAWS, REGULATIONS, AND CUSTOMS AND OBTAIN ANY REQUIRED GOVERNMENT APPROVALS PERTAINING TO USE OF THE PRESENCE INDICATORS. ALL USE OF THE PRESENCE INDICATORS BY YOU SHALL INURE TO THE BENEFIT, AND BE ON BEHALF, OF AOL. YOU ACKNOWLEDGE THAT YOUR UTILIZATION OF THE PRESENCE INDICATORS WILL NOT CREATE IN YOU NOR WILL YOU REPRESENT YOU HAVE, ANY RIGHT, TITLE, OR INTEREST IN OR TO THE PRESENCE INDICATORS OTHER THAN THE LICENSE EXPRESSLY GRANTED HEREIN. YOU AGREE NOT TO DO ANYTHING CONTESTING OR IMPAIRING THE TRADEMARK RIGHTS OF AOL, INCLUDING WITHOUT LIMITATION APPLYING TO REGISTER AS A TRADEMARK, THE PRESENCE INDICATORS, ANY TRADEMARK CONFUSINGLY SIMILAR TO THE PRESENCE INDICATORS, OR ANY TRADEMARK INCORPORATING THE PRESENCE INDICATORS. YOU HEREBY ASSIGN TO AOL ANY AND ALL PROPRIETARY INTERESTS YOU MAY OBTAIN UNDER APPLICABLE LAW IN ANY TERRITORY IN THE NAME AND/OR TRADEMARKS OR WORDS ASSOCIATED WITH AOL DUE TO YOUR USE OR REGISTRATION OF SUCH NAMES, TRADEMARKS OR WORDS IN SUCH TERRITORY. YOU AGREE TO IMMEDIATELY CORRECT OR CHANGE YOUR USAGE OF THE PRESENCE INDICATORS SHOULD AOL NOTIFY YOU OF ITS OBJECTION TO ANY IMPROPER OR INCORRECT USE. YOU MAY NOT: (I) CREATE A UNITARY COMPOSITE MARK INVOLVING THE PRESENCE INDICATORS, (II) ALTER THE PRESENCE INDICATORS IN ANY WAY, OR (III) USE THE PRESENCE INDICATORS IN ANY MANNER OR FOR ANY PURPOSE OTHER THAN AS EXPLICITLY PERMITTED HEREIN.
RESTRICTED WEB AIM BETA. While AOL wishes to encourage development and creativity in creation of Web AIM, in order to maintain the integrity of the program and AOL IM Network, you must agree to the following restrictions:
Your Web AIM, unless otherwise agreed to in writing by AOL, shall not (i) be promoted, intended, or otherwise targeted at a particular wireless telecommunications carrier's end users, (ii) offer or enable a service or functionality not authorized in writing by AOL that utilizes a wireless telecommunications carrier's network and/or wireless services, or (iii) operate on a mobile communications device that provides voice and/or data services via a wireless telecommunications carrier's network and/or wireless services. Any inquiries regarding the development of a Web AIM intended to operate on a mobile communications device that provides voice and/or data services via a wireless telecommunications carrier's network and/or wireless services should be directed to AIMCommercial@aol.com.
Your Web AIM, unless otherwise agreed to in writing by AOL, shall not be (i) primarily intended for purchase and/or use by corporate entities, and/or (ii) specially adapted for use primarily in an employment setting, such as through integration with enterprise software, systems, or services (any such Web AIM an "Enterprise Web AIM"). Any inquiries regarding the development of an Enterprise Web AIM should be directed to a href="mailto:AIMCommercial@aol.com">AIMCommercial@aol.com.
For purposes of clarification, AOL shall be free pursuant to Section 2.3 of the Agreement to cancel any key it has issued to you and / or prevent your Web AIM from accessing or working with the AOL IM Network if AOL determines that your Web AIM has violated this Section.
Your Site may choose to incorporate or omit any feature identified in the Web AIM Documentation as available for Web AIM use. You agree and acknowledge that AOL reserves the right at all times to reserve certain features or functionality within an AOL Service as available only for end users of client software created by or on behalf of AOL.
If your Web AIM somehow blocks, disables, or otherwise affects any advertising, advertisement banner window, tabs, links to other sites and services, or other features that constitute an integral part of your Site such that a third party advertiser, content provider, or marketing partner with whom you do business files a complaint regarding the Web AIM, then you agree that you (and not AOL) are solely responsible for any liabilities or damages arising from or in connection with such third party complaint. Accordingly, please carefully consider the impact caused by any Web AIM(s) that you choose to integrate on the look and feel and/or layout of your Site.
USAGE LIMITATIONS. Your license to use the Web AIM Key provided to you for developing your Web AIM with the Web AIM Tools is subject to your compliance with the following use limitation: your Web AIM may be invoked by you only and such usage may be invoked up to two hundred fifty thousand (250,000) times in the aggregate per calendar day and two million (2,000,000) times in the aggregate per calendar month. You may not deploy or distribute your Web AIM Key to any third party.
If you wish to exceed the usage limitations set forth above for your Web AIM you must obtain the prior written permission of AOL, which may require entering into a separate license agreement.
DISTRIBUTION LIMITATIONS. Your license to use the Web AIM Key for your Application is subject to your compliance with distribution limitations, as follows:
You may not offer or promote your Application for any use other than that explicitly authorized in this Agreement, and your Application shall be for use with the U.S. based version of the AOL Service exclusively.
ADDITIONAL RESTRICTIONS. You may only use the Presence Indicators to display online presence or activity status for Screen Names for which you have received consent to do so. Such consent shall at a minimum include informing the user that by providing his or her Screen Name, online status will be publicly displayed. You shall include within the Site a link to http://developer.aim.com/faq.jsp to inform Site users about displays of online presence.
DOWNLOAD AIM: You may post the following link on any page of your Site where your Web AIM is displayed or offered: www.aim.com.
THIRD PARTY NOTICES. This product contains the following third party software:
Expat software that is Copyright (c) 1998, 1999, 2000 Thai Open Source Software Center Ltd. Permission is hereby granted, free of charge, to any person obtaining a copy of this expat software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE EXPAT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE EXPAT SOFTWARE OR THE USE OR OTHER DEALINGS IN THE EXPAT SOFTWARE.
zlib software that is Copyright (C) 1995-2002 Jean-loup Gailly and Mark Adler.
ATTRIBUTION. You shall conspicuously convey to end users of the Site that your Web AIM is for use with the U.S. based version of the AOL Service exclusively. In addition, you must maintain a persistent link on the Site referring end users to the "AIM® Enabled" webpage at http://developer.aim.com/aimenabled.jsp.
USER INTERFACE DEVELOPMENT. For information regarding user interface development, click here: http://developer.aim.com/styleguide.jsp.