iMesh Installation - License
P2P Programs Installing Unwanted Software - Ben
Edelman
This license is as obtained from iMesh's installer in February 2005. See also graphical presentation of license provisions (showing on-screen presentation).
END USER LICENSE AGREEMENT
You must carefully read and accept these terms before installing iMesh Software.
These terms when accepted by you form a license ("License") agreement between Bridgemar Services, Ltd., d/b/a iMesh.com ("iMesh"), the Third Party Beneficiary (as defined in Section 12) (iMesh and the Third Party Beneficiary collectively, "Licensor", "We" or "Our") and you ("You," "Your", "User" or "Licensee") for the use of the iMesh Software (as defined below). In order to use the iMesh Software, You must first read and accept the terms of this License, and confirm your acceptance to the terms of this License by clicking the 'I Agree' checkbox below. If You are a minor You will become eligible to use iMesh Software only upon your parent or guardian reading and accepting the terms of this License and confirming acceptance of the terms of this License by clicking the 'I Agree' box on the iMesh Software download screen.
IF YOU DO NOT CLICK THE 'I AGREE' BOX ON THE IMESH SOFTWARE DOWNLOAD SCREEN YOU WILL NOT BE ABLE TO INSTALL THE SOFTWARE.
1. Grant of License
1.1 On the terms and subject to the conditions hereafter provided, Licensor grants You a personal, limited, non-exclusive, non-sublicensable, non-assignable, non-transferable and revocable License to install and use the iMesh software and Third Party Beneficiary Software (as defined herein below), including any and all versions, variation, any future fixes, updates and upgrades, modifications, repairs, replacements and enhancements provided to you (collectively, the "iMesh Software") for the purposes set forth herein. You may not sell, transfer or communicate the iMesh Software to any third party. You are only permitted pursuant to this License to install and use the iMesh Software on a single computer and You are not permitted to install the iMesh Software on more than one computer at a time.
1.2 You agree not to alter, duplicate, modify, adapt, rent, lease, loan, sublicense, copy, reproduce, create derivative works from, distribute or provide others with the iMesh Software in whole or part, merge the iMesh Software into or add it to other software or program material to form an updated work or otherwise, or transmit or communicate the iMesh Software over a network. Without limiting the generality of the foregoing, Licensee shall not create or ascertain or attempt to create or ascertain, by reverse assembling, reverse engineering, disassembling or reverse compiling or otherwise, any components of the iMesh Software (including, without limitation, the source code of the iMesh Software or any part thereof) from the object code or from other information made available under this Agreement or otherwise attempt to discover the source code of the iMesh Software. You do not have the right to and may not create derivative works of the iMesh Software. All modifications or enhancements to the iMesh Software remain the sole property of Licensor. You understand that Licensor, in its sole discretion, may modify or discontinue or suspend your right to access any of its services or use the iMesh Software at any time, and Licensor may at any time suspend or terminate any license hereunder and disable the iMesh Software.
1.3 Licensor may from time to time present programming fixes, updates and upgrades to You, including version updates to the iMesh Software. When installed on your computer, the iMesh Software periodically communicates with Licensors servers. Licensor may require the updating of the iMesh Software when Licensor releases a new version of the iMesh Software or when Licensor makes new features available. You understand that Licensor may require your review and acceptance of Licensors then-current privacy policy and/or end-user license agreement before You will be permitted a limited license for any subsequent version of the iMesh Software. You acknowledge and agree that Licensor has no obligation to make available to You any updates, upgrades or subsequent versions of the iMesh Software. Unless explicitly stated otherwise any new features, updates, upgrades, including the release of new properties, delivered to You shall be subject to terms of this License.
1.4 Your right to use the iMesh Software is expressly conditioned upon such use being solely in compliance with the License and with the procedures and guidelines regarding such use as set forth herein.
1.5 You acknowledge and agree that the iMesh Software is licensed, not sold to You by Licensor. You acknowledge that the iMesh Software, including all code, content, protocols, software and documentation provided to You by Licensor in conjunction with the iMesh Software or services, is Licensors property and is protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter or remove any copyright, trademark or other proprietary rights notices from the iMesh Software. All rights not expressly granted hereunder are expressly reserved to Licensor.
2. Limitations on use of the iMesh Software
You agree not to use the iMesh Software to:
2.1 Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2.2 Harm minors in any way;
2.3 Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
2.4 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted using the iMesh Software or to other users;
2.5 Transmit, access or communicate any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
2.6 Transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
2.7 Transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
2.8 Interfere with or disrupt the iMesh Software or other users' ability to engage in real time exchanges;
2.9 Intentionally or unintentionally violate any applicable local, state, federal or international law, including securities exchange and any regulations requirements, procedures or policies in force from time to time;
2.10 Monitor traffic on the iMesh Software, obtain or accumulate personal information about individual users or collect or store personal data about other users;
2.11 Modify, delete or damage any information contained on the personal computer of any other iMesh Software user; OR
2.12 "Stalk" or otherwise harass another user.
3. Copyright Infringement and Consents
3.1 Licensor respects the intellectual property of others, and we insist that our users do the same. Accordingly, You agree to comply with copyright and other laws. As a condition of using the iMesh Software, You agree that You must not use the Software to infringe the intellectual property or other rights of others, in any way. The unauthorized reproduction, distribution, modification, public display, communication to the public or public performance of copyrighted works is an infringement of copyright. Users are entirely responsible for their conduct and for ensuring that it complies with all applicable copyright and data-protection laws. You are hereby put on notice that You are entirely responsible for your content and for ensuring that it comports with all applicable laws, including all copyright and data-protection laws. In the event a user fails to comply with laws regarding copyrights or other intellectual property rights and data-protection and privacy, such a user may be exposed to civil and criminal liability, including possible fines and imprisonment. Licensor reserves the right to unilaterally terminate your License (A) upon an act of infringement in conjunction with the use of the iMesh Software, (B) if Licensor in its sole discretion believes that your conduct is harmful to the interests of Licensor or other users, or (C) for any other reason in Licensor's sole discretion, with or without cause.
3.2 You agree to obtain all consents, authorizations and clearances in any data owned or controlled by third parties that you transmit, access or communicate to others using the iMesh Software.
4. Your Obligations
You represent and warrant that You are either the owner or an authorized user of the computer where the iMesh Software is installed. The services described herein are subject to, and You agree that You shall at all times comply with, all local, state, national and international laws, statutes, rules, regulations, ordinances and the like applicable to use of the iMesh Software.
5. Access and Interference
You agree that You will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of any iMesh Software, services or content, except to delete or uninstall the iMesh Software from a computer of which You are the owner or authorized user. We reserve the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other techniques that may have the effect of damaging, destroying, disrupting or otherwise impairing a computers functionality or operation.
6. Licensor's policies with regard to minors
Licensor takes the protection of minors and minors privacy very seriously. Licensor does not encourage participation or visitation by minors. If You are under the age of 13, You are prohibited from downloading, installing or using the iMesh Software and if it comes to Licensor's attention through reliable means that a user is a minor under 13 years of age, Licensor will terminate that user's License immediately. Users under the age of 18 are prohibited from downloading the iMesh Software without their parent or guardian reading and accepting the terms to this License. If it comes to Licensor's attention through reliable means that a user is a minor under 18 years of age, and their parent or guardian has not agreed to the terms of this License, Licensor will terminate that user's License immediately.
Additionally, Licensor does not want child pornography on Licensors networks. THE POSSESSION OF OR SHARING CHILD PORNOGRAPHY IS A CRIMINAL OFFENSE. IF YOU SHARE CHILD PORNOGRAPHY, YOU RUN THE RISK OF BEING PROSECUTED, FINED OR IMPRISONED AND IF IT COMES TO LICENSOR'S ATTENTION THAT YOU ARE SHARING CHILD PORNOGRAPHY, YOUR LICENSE WILL BE TERMINATED IMMEDIATELY. You should report any incidents to the proper authorities or to one of the non-profit organizations dedicated to fighting the spread of child pornography.
7. Taxes
You are responsible for paying all applicable taxes and other costs, however called, imposed by any applicable federal, state or local or foreign government or regulatory authority in connection with your use of the iMesh Software, whether such is imposed now or later by the applicable authority, even if such imposition occurs after the receipt or use by You of the iMesh Software or the termination or expiration of the License. You are responsible for paying all hardware and software costs and providing all equipment and software necessary to connect to Licensor's web site and to use the iMesh Software via the Internet and any royalties or other charges relating to the use of data owned by third parties.
8. Content and Disclosure
8.1 You understand that all content, including , without limitation all data, links, articles, search results, photographs, graphic or video messages and all information, text, software, music, sound graphics or other materials ("Content") made available or accessible through the iMesh Software or Licensors services, whether publicly available or privately transmitted, is the sole responsibility of the entity from whom it originated. You understand and agree that by using any iMesh Software, You may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any risks associated with the integrity, quality, legality, accuracy or completeness of such Content. You acknowledge that Licensor does not control or have knowledge of the Content made available or accessible through the iMesh Software or its services. You agree that under no circumstances will Licensor be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for loss or damage of any kind incurred as a result of the use of any Content posted or transmitted via the iMesh Software or services.
8.2 Licensor is not responsible for any content such as audio, video, text or any other, files owned by users of the iMesh Software. All of the iMesh Software is exposed to various security issues, and should be regarded as unsecured. By accepting this License, You indicate that You understand, acknowledge and agree that by using the iMesh Software, You may be subject to various risks, including the exposure of data You have downloaded or have offered to share, and that You accept all such risk as solely your risk and responsibility.
8.3 In addition, all content made available or accessed through the iMesh Software is the property of the respective content owner and may be protected by applicable laws, including, without limitation, those relating to Intellectual Property Rights. This License gives You no legal rights to such content or any Intellectual Property Rights associated with such content.
8.4 On notice, Licensor will act appropriately to remove content under our control that infringes the copyrights of others. Licensor reserves the right to disable the access to the iMesh Software and our services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others.
8.5 You acknowledge and agree that Licensor may preserve content, and may also disclose content in the good faith belief that such preservation or disclosure is reasonably necessary (A) if required to do so by law or to comply with legal process, (B) enforce this License, (C) respond to claims that any content violates any applicable law or the rights of third-parties, or (D) to protect the rights, property or personal safety of Licensor, its users and the public.
9. Licensor's Right to Run Advertising without payment to Users
Licensor reserves the right to run advertisements and promotions on the iMesh Software and the Licensors websites. By accepting the terms of this License, You agree that Licensor has the right to run such advertisements and promotions without compensation to You. The timing, frequency, placement and extent of advertising by Licensor within the pages comprising the iMesh Software is subject to change and shall be determined by Licensor at its sole discretion. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Licensors websites or iMesh Software, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that Licensor shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the iMesh Software and/or Licensors websites.
10. Installation, Operation and Removal
10.1 The iMesh Software does not: (i) collect or report back any information
about sites you visit on the Internet; (ii) collect or "screen-scrape"
any search queries or information that you provide to any web sites; (iii) serve
pop-ups when you are on other websites; or (iv) collect or report back any data
regarding your computer keystrokes or other data unrelated to the services provided
by the iMesh Software. Licensor may obtain personal information about You through
your use of the iMesh Software or website only if You specifically and knowingly
provide such information in connection with personalizing the iMesh Software
or if You contact Licensor directly with a question or comment. Your privacy
is as important to iMesh as your business. For iMeshs full privacy policy, please
refer to the privacy policy located at www.imesh.com.
10.2 In connection with the delivery of search services and content, the iMesh
Software does communicate with Licensors servers and use cookies. All such activities
are conducted strictly on a non-personally identifiable basis, as described
in greater detail below. 10.3 The iMesh search bar function (the "iMeshBar"),
in the course of processing a given search query, sends a request to Licensors
servers. This request includes the keyword query, time of day, browser type,
default language setting, IP address, an anonymous unique ID, and a code which
identifies the distribution source of the iMeshBar used by You to conduct your
search. If the search query is being generated as the result of a misspelled
URL or search term entered in to the browser address bar, Licensor also receives
the misspelled URL address or search term. Licensor uses this information in
order to properly process your search request. For example, this data provides
Licensor with: information on which language You prefer to use; aggregated click
information for the purpose of ensuring that Licensors search partners are appropriately
compensating Licensor; information that allows Licensor to make accurate payments
to its distributors; aggregated usage and retention information; and aggregated
search query information for the purpose of further monetizing commercially
oriented search keywords.
10.4 All information collected from a search query is recorded on a non-personally
identifiable basis and is kept strictly anonymous. In addition, all information
about search activity is evaluated only on an aggregated basis (except in response
to a customer service inquiry or legal process), and Licensor does not disclose
any non-aggregated information to third parties, except as required by a valid
legal process such as a search warrant, subpoena, statute, or court order, or
to protect someone's safety.
10.5 Licensor also uses "cookies". Licensor does this for two reasons.
First, Licensor uses the cookies to store a code designating a distribution
source for the iMeshBar. This information allows Licensor to properly distinguish
the iMesh Software for purposes of compensating third parties who distribute
their product and to analyze retention and usage on an aggregated basis. Second,
the iMeshBar uses cookies to store user preferences. For example, Licensor uses
a cookie to record which search engine You have selected as your default provider.
Licensor does not use cookies to track your use of the Internet in any other
way or to store any personally-identifiable information, and Licensor does not
disclose cookie information to third parties, except as required by a valid
legal process such as a search warrant, subpoena, statute, or court order or
to protect someone's safety.
10.6 The iMeshBar also sends a configuration request to servers owned and/or
operated by Ask Jeeves when You start your browser. This request is approximately
5k in size and includes only anonymous data such as IP address, browser type,
and information about the specific release date and distribution source of your
iMeshBar, as outlined above. All such information is kept strictly anonymous,
is non-personally identifiable, and is used only for purposes of delivering
search services and content in accordance with your preferences and providing
us with data on an aggregated basis relating to retention, usage, and monetization.
Any information acquired by Ask Jeeves is also subject to the Ask Jeeves Privacy
Policy located at [Privacy Policy]. If You wish to withdraw your consent to
the communication and data usage as described herein, You should uninstall the
iMeshBar from your computer. You may uninstall or remove the iMeshBar at any
time by using the Windows add/remove programs function to remove the "iMeshBar"
program, or by following the instructions listed at [http:// blind uninstall
instructions]. You understand, acknowledge and agree that the iMesh Software
includes software that allows us to distribute updates and fixes. All such updates
shall be governed by and made in compliance with this License and the Ask Jeeves
Privacy Policy.
11. Links to Third-Party Sites
The iMesh Software may provide, or third-parties may provide, links to World Wide Web sites or other Internet resources. Any third-party sites to which the iMesh Software may link are not under control of Licensor. Licensor does not have any responsibility or liability for any information, data, communications, materials or other content available on such third-party sites or any changes or updates to such sites. Licensor is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Licensor of the site.
12. Third Party Beneficiary
You understand and agree that Ask Jeeves, Inc., its subsidiary, Focus Interactive, Inc., and all of the other subsidiaries and affiliates of Ask Jeeves, Inc. ("Ask Jeeves") shall be considered intended third party beneficiaries of all of the provisions of this License (together, the "Third Party Beneficiary"), with the right to enforce the provisions of this License. All agents, representatives, officers, directors and employees of Ask Jeeves and its subsidiaries and affiliates shall be third party beneficiaries of all of the indemnification provisions, disclaimers of warranties and limitations on liability provided hereunder.
13. Applicable Law
13.1 This License as well as all disputes arising out of or in connection with this License shall be governed by the laws of the State of New York, without regard to or application of choice of law rules or principles.
13.2 Any dispute arising out of or in connection with this License, or in future agreements resulting there from, shall be exclusively resolved before the competent court in the State of New York.
13.3 The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the iMesh Software, Licensors services or the Licensor or Ask Jeeves privacy policies must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. International Use/Export Controls
14.1 Recognizing the global nature of the Internet, You agree to comply with all local rules regarding on-line conduct and acceptable data. Specifically, You agree to comply with all applicable laws regarding copyright and the transmission of technical data exported from the country in which you reside.
14.2 The iMesh Software and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Afghanistan, Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. embargoes goods; or (ii) to anyone on the U.S. Treasury Departments list of Specially Designated Nationals or the U.S. Commerce Departments Table of Deny Orders. By downloading or using the iMesh Software, You agree to the foregoing and You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list, and that You will otherwise comply with all applicable export control laws.
15. Notice to Government End Users
Any iMesh Software and documentation hereunder downloaded or otherwise installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as "Commercial Items", as that term is defined at 48 C.F.R. section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. section 12.212 or 48 C.F.R. section 227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. section 12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
16. Indemnification
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND LICENSOR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, AT YOUR EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS OR DEMANDS, ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY LICENSOR, DUE TO OR ARISING OUT OF DATA YOU SUBMIT, POST TO, TRANSMIT OR COMMUNICATE THROUGH THE IMESH SOFTWARE, YOUR USE OR MISUSE OF THE IMESH SOFTWARE, YOUR CONNECTION TO OTHER USERS, YOUR VIOLATION OF THE LICENSE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
17. Disclaimers of Warranties
17.1 THE SOFTWARE IS PROVIDED "AS IS", AND ON AN "AS AVAILABLE" BASIS AND THERE ARE NO CLAIMS, REPRESENTATIONS AND WARRANTIES MADE BY LICENSOR, EITHER EXPRESS, IMPLIED OR STATUTORY (TO THE EXTENT PERMITTED BY APPLICABLE LAW), WITH RESPECT TO THE IMESH SOFTWARE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, TITLE, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.
17.2 YOUR ACCESS TO AND USE OFANY DATA AVAILABLE THROUGH THE USE OF THE IMESH SOFTWARE, OR LICENSORS WEBSITES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
17.3 WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SERVICES PROVIDED BY THIRD PARTIES ACCESSIBLE ON OR THROUGH IMESH SOFTWARE OR OUR SERVICES.
17.4 NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, NOR ANY EXCHANGES, CLEARING ORGANIZATIONS OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION OR SERVICES (EACH A "PROVIDER") MAKE ANY REPRESENATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF THE IMESH SOFTWARE OR SERVICES OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THEREBY, OR (B) THAT THE IMESH SOFTWARE OR SERVICES WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, (C) THAT ERRORS OR DEFECTS RELATED TO THE IMESH SOFTWARE OR THE SERVICES WILL BE CORRECTED OR (D) THAT WE CAN IDENTIFY IDENTITY THEFT. WE ALSO DO NOT WARRANT THAT THE IMESH SOFTWARE OR THE SERVICES OR THE INFROMATION AVAILABLE THROUGH THE SERVICES, IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDCITION.
17.5 THESE DISCLAIMERS OF WARRANTIES CONSTITUTE AN ESSENTIAL PART OF THIS LICENSE.
18. Limitation of Liability
18.1 You hereby acknowledge and agree that Licensor shall have no liability (A) for any errors or omissions in any data, or for any loss or damage of any kind incurred as a result of any data transmitted via the iMesh Software, (B) if You are exposed to data that is offensive, indecent or objectionable, or (C) for any allegations or findings of infringement of copyright or other proprietary rights as a result of your use of the iMesh Software.
18.2 YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL LICENSOR BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF BUSINESS, LOST OPPORTUNITY, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
18.2.1 THE USE OR THE INABILITY TO USE THE IMESH SOFTWARE;
18.2.2 THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE USE OF THE IMESH SOFTWARE;
18.2.3 UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, PERSONAL COMPUTER OR DATA;
18.2.4 STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE IMESH SOFTWARE; OR
18.2.5 ANY OTHER MATTER RELATING TO THE USE OF THE IMESH SOFTWARE.
18.3 WHERE APPLICABLE LAW IMPLIES INTO THIS LICENSE ANY CONDITION OR WARRANTY, AND THOSE LAWS AVOID OR PROHIBIT CONDITIONS IN A CONTRACT EXCLUDING OR MODIFYING THEM, THEN THE TERM, CONDITION OR WARRANTY SHALL BE DEEMED TO BE INCLUDED IN THIS LICENSE, PROVIDED THAT TO THE FULL EXTENT THAT LICENSOR IS ABLE TO MITIGATE OR DISCLAIM THE LIABILITY OF LICENSOR FOR A BREACH OF ANY SUCH CONDITION OR WARRANTY, INCLUDING AN ECONOMIC OR CONSEQUENTIAL LOSS, LIABILITY SHALL BE LIMITED AT THE OPTION OF LICENSOR TO ONE OR MORE OF THE FOLLOWING:
18.3.1 IF THE BREACH IS RELATED TO GOODS: (A) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (B) THE REPAIR OF GOODS; (C) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OBTAINING EQUIVALENT GOODS; (D) THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; OR
18.3.2 IF THE BREACH IS RELATED TO SERVICES: (A) THE SUPPLY OF THE SERVICES AGAIN; OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
19. Termination
It is your responsibility to comply with the terms of this License and to obey the laws of your jurisdiction. Your rights under this License will terminate immediately and without prior notice if: You violate any term of this License, including violating any applicable laws or rights of any third party including the intellectual property rights of any such third party. You may be subject to legal action if you continue to use the iMesh Software in violation of this License. Licensor may terminate this Agreement, disable the iMesh Software or cease providing any service at any time in our sole discretion.
20. Trademarks
The Licensors names, logos, and other related properties are trademarks of Licensor. All other trademarks appearing on iMesh Software are trademarks of their respective owners.
21. Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled "I Agree" or such similar links as may be designated by Licensor to download the iMesh Software to accept the terms and conditions of this License, You are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this License. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SOFTWARE OR SERVICES OFFERED BY LICENSOR. Further, You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
22. Miscellaneous
22.1 Licensor may amend this License or the terms and conditions hereof at any time hereof which You will be required to agree to in order maintain the License and to continue with the use of the iMesh Software. You should regularly check Licensors website to determine if any material changes have been made. You agree that your continued use of any iMesh Software or Licensors services after the effective date of any change to this License will constitute your affirmative consent to this revised License.
22.2 This License constitutes the entire understanding between Licensor and You with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby.
22.3 The failure or delay of Licensor to exercise or enforce any rights or provision of this License does not constitute a waiver of such right or provision.
22.4 All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of this License, including without limitation all of your representations, warranties and indemnification obligations.
22.5 Should any part of this License be held invalid by any court or tribunal, such invalidity shall not affect the validity of any remaining part, which will remain in full force and effect as if this License had been executed without that part having been held to be invalid.
22.6 You may not assign any of your rights or delegate any of your obligations under this License without the prior written consent of Licensor.