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− | [http://qip.ru/info/legal.htm Источник]
| + | , <a href="http://www.khnojo.org/xe/?document_srl=116175">news</a>, [url="http://www.khnojo.org/xe/?document_srl=116175"]news[/url], http://www.khnojo.org/xe/?document_srl=116175 news, cdw, |
− | | + | |
− | <PRE> | + | |
− | QIP End User License Agreement
| + | |
− | | + | |
− | October 31, 2005
| + | |
− | | + | |
− | This End User License Agreement ("EULA") is a legal agreement between
| + | |
− | you (either an individual or a single entity) and the Author of QIP.
| + | |
− | | + | |
− | Please note that this EULA limits the Author of QIP's liability and the Author
| + | |
− | of QIP does not provide warranties for the performance and functionality of
| + | |
− | QIP. This EULA also limits your remedies.
| + | |
− | | + | |
− | QIP is intended for general audiences. You represent and warrant that you
| + | |
− | have adequate legal capacity to enter into binding agreements such as
| + | |
− | these Terms of Service. Note that the QIP is NOT for use by children
| + | |
− | under 13 years of age. You represent and warrant that you are at least 13
| + | |
− | years old.
| + | |
− | | + | |
− | Please read this EULA carefully and be sure that you understand it.
| + | |
− | | + | |
− | You must review and either accept or reject the terms of this EULA before
| + | |
− | installing or using QIP. By clicking the "I ACCEPT" button or "I AGREE"
| + | |
− | button or installing or using QIP, you acknowledge that you have read all
| + | |
− | of the terms and conditions of this EULA, understand them and agree to
| + | |
− | be legally bound by them. If you do not wish to be bound by this EULA,
| + | |
− | you may DISCONTINUE using QIP. YOU CANNOT USE QIP UNTIL YOU
| + | |
− | HAVE ACCEPTED THIS EULA.
| + | |
− | | + | |
− | This EULA shall apply to any use of any version of QIP, if any QIP EULA is
| + | |
− | not marked with a more recent date than this EULA.
| + | |
− | | + | |
− | THE CONCEPT OF QIP. QIP is an unique closed source computer
| + | |
− | program for immediate cross-Internet communication. QIP is created and
| + | |
− | developed by the Author of QIP and first released in April 2005. The
| + | |
− | acronym QIP stands for "QUIET INTERNET PAGER".
| + | |
− | | + | |
− | You understand that QIP may not be consistent across all platforms and
| + | |
− | devices and some features offered by QIP may vary depending on your
| + | |
− | computer and other equipment. Versions of QIP exist for PCs only.
| + | |
− | | + | |
− | The BASIC FUNCTIONALITY of QIP enables its users to see who else is
| + | |
− | online and available and then easily contact them with text messages in
| + | |
− | real time sent through a public server. There are many more features in
| + | |
− | QIP catering to the very basic needs of people to interact.
| + | |
− | | + | |
− | QIP supports enabling a file transfer feature. The Author of QIP considers
| + | |
− | that peer-to-peer way of communicating jeopardizes the security of the
| + | |
− | communication. In a sense not peer-to-peer way of communicating has
| + | |
− | proven to be more secure than peer-to-peer way of communicating. You
| + | |
− | acknowledge that, as with most Internet applications, there are certain
| + | |
− | risks associated with accepting or downloading files through QIP. Such
| + | |
− | risks include but are not limited to (1) damage to your computer, (2)
| + | |
− | damage to any data or files stored on your computer, (3) other users
| + | |
− | viewing your IP address, and (4) files you share with other users being
| + | |
− | redistributed and used without your knowledge. If you do not wish to be
| + | |
− | subjected to these risks, you are advised not to enable and use the file
| + | |
− | transfer feature.
| + | |
− | | + | |
− | The Author of QIP appeals for enabling users of different networks to
| + | |
− | interoperate. The Author of QIP takes into consideration the fact that some
| + | |
− | THIRD PARTIES have taken it upon themselves to develop and host their
| + | |
− | own networks and servers operating under the supported by QIP protocol
| + | |
− | for immediate cross-Internet communication or an alternative protocol. The
| + | |
− | Author of QIP hopes that those THIRD PARTIES will convince enough of
| + | |
− | the immediate cross-Internet communication clients-using community to
| + | |
− | switch the preferences in their client software to utilize these new server
| + | |
− | addresses. Thus those THIRD PARTIES could move a rather large
| + | |
− | segment of people off of some large companies' networks, thus causing
| + | |
− | those large companies to rethink their strategy and potentially forcing them
| + | |
− | to link their networks to these public networks and servers.
| + | |
− | | + | |
− | QIP is designed to be a successful solution that enables its users to
| + | |
− | efficiently deploy immediate cross-Internet communication, and most
| + | |
− | importantly to connect to public servers for immediate cross-Internet
| + | |
− | communication which are developed and hosted by THIRD PARTIES
| + | |
− | who share the idea of enabling users of different networks to interoperate.
| + | |
− | | + | |
− | TRANSLATION. The Author of QIP may offer localized and translated
| + | |
− | versions of QIP or of this EULA. The Author of QIP is not necessarily the
| + | |
− | author of the translation.
| + | |
− | | + | |
− | You are aware that any non-English text provided, whether during the
| + | |
− | installation process, in any of the QIP dialogs is a translation of the original
| + | |
− | English text, and is provided for convenience only. The translated text may
| + | |
− | be incomplete or inaccurate. The Author of QIP does not warrant or
| + | |
− | guarantee the accuracy, correctness or completeness of the translation. In
| + | |
− | the event of any inconsistency between the translated text and the original
| + | |
− | English text, the English text shall prevail.
| + | |
− | | + | |
− | OWNERSHIP. QIP is licensed, not sold. You acknowledge that QIP is the
| + | |
− | property of the Author of QIP. Title to each copy of QIP and all related
| + | |
− | intellectual property rights embodied in or represented by QIP will remain
| + | |
− | with the Author of QIP at all times, as will all other rights not explicitly
| + | |
− | granted to you under this EULA.
| + | |
− | | + | |
− | LICENSE GRANT. This EULA grants you the following rights, free of
| + | |
− | charge:
| + | |
− | | + | |
− | (a) The Author of QIP grants you a perpetual, personal, non-exclusive,
| + | |
− | non-transferable limited license to install and use QIP in object code form
| + | |
− | on any computer or device from which you wish to access the public
| + | |
− | servers developed and hosted by THIRD PARTIES who share the idea of
| + | |
− | enabling users of different networks to interoperate, and to use QIP for the
| + | |
− | sole and exclusive purposes of connecting to and using the above
| + | |
− | mentioned servers in accordance with this EULA.
| + | |
− | | + | |
− | QIP is provided to you on an "AS IS" basis, for your private personal use
| + | |
− | only, subject to the terms and conditions of this EULA.
| + | |
− | | + | |
− | (b) You grant the Author of QIP an unrestricted, royalty-free right to use all
| + | |
− | feedback you report to the Author of QIP. Any comments or materials sent
| + | |
− | to the Author of QIP including feedback data, such as questions,
| + | |
− | comments, suggestions, or the like regarding QIP (collectively
| + | |
− | "Feedback"), will be deemed to be non-confidential. The Author of QIP will
| + | |
− | have no obligation of any kind with respect to Feedback and will be free to
| + | |
− | reproduce, use, disclose, exhibit, display, transform, create derivative
| + | |
− | works, and distribute the Feedback to others without limitation. Further, the
| + | |
− | Author of QIP will be free to use any ideas, concepts, know-how or
| + | |
− | techniques contained in Feedback for any purpose, including but not
| + | |
− | limited to correcting and/or enhancing QIP.
| + | |
− | | + | |
− | RESTRICTIONS AND LIMITATIONS. You agree to comply with the
| + | |
− | following restrictions and limitations:
| + | |
− | | + | |
− | You may not sub-license, or charge others to use QIP without first
| + | |
− | obtaining written permission from the Author of QIP. You may not sell,
| + | |
− | assign, grant a security interest in or otherwise transfer any right in QIP or
| + | |
− | incorporate it (or any portion of it) into another product. You may not
| + | |
− | translate, reverse-engineer or reverse-compile or decompile, disassemble,
| + | |
− | make derivative works from, or otherwise attempt to discover any source
| + | |
− | code in QIP. You may not modify QIP or use it in any way not expressly
| + | |
− | authorized by these EULA. You may not obtain the communications
| + | |
− | protocol used by QIP for accessing the above mentioned servers or any
| + | |
− | other servers. You may not alter or remove any copyright, trademark,
| + | |
− | patent, or other protective notices contained in or on QIP.
| + | |
− | | + | |
− | You further agree to abide by all laws and regulations in effect regarding
| + | |
− | your use of QIP, and you agree to indemnify the Author of QIP for any
| + | |
− | damages incurred as a result of a violation of this section.
| + | |
− | | + | |
− | You may not authorize or assist any third party to do any of the things
| + | |
− | described in this paragraph.
| + | |
− | | + | |
− | QIP will NOT automatically update and upgrade itself when it is launched,
| + | |
− | if an upgrade or update of QIP is available. You may continue, if
| + | |
− | technically possible, to use prior versions of QIP after QIP is updated or
| + | |
− | upgraded.
| + | |
− | | + | |
− | ACCEPTABLE USE. The Author of QIP strongly believes in people
| + | |
− | communication and in the freedom of expression as long as legal or moral
| + | |
− | accepted standards are not crossed.
| + | |
− | | + | |
− | You represent and warrant that you will use QIP ONLY FOR LAWFUL
| + | |
− | PURPOSES and in accordance with this EULA, and that you will not use
| + | |
− | QIP to violate any law, regulation or ordinance or any right of the Author of
| + | |
− | QIP or of any THIRD PARTY, including, without limitation, any right of
| + | |
− | privacy, publicity, copyright, patent or trademark.
| + | |
− | | + | |
− | Through QIP you may NOT (1) enter user details of another person with
| + | |
− | the intention of impersonating that person, (2) enter details, information or
| + | |
− | materials in violation of the intellectual property rights of any person, or (3)
| + | |
− | send unsolicited bulk text messages or symbols.
| + | |
− | | + | |
− | You may NOT transmit through QIP any file, message or symbol that (1)
| + | |
− | violates or infringes in any way upon the rights of others, (2) is unlawful,
| + | |
− | threatening, abusive, defamatory, invasive of privacy or publicity rights,
| + | |
− | vulgar, obscene, profane, indecent or otherwise objectionable, (3)
| + | |
− | encourages conduct that would constitute a criminal offense, (4) gives rise
| + | |
− | to civil liability, (5) contains a virus, worm, Trojan horse or other harmful
| + | |
− | code, or (6) otherwise violates any law. You also may not undertake any
| + | |
− | conduct that restricts or inhibits any other user from using or enjoying QIP
| + | |
− | or any THIRD PARTIES' Services. You agree to indemnify the Author of
| + | |
− | QIP for any damages incurred as a result of a violation of this section.
| + | |
− | | + | |
− | You further agree not to use QIP nor any other software or application to
| + | |
− | attempt to override the privacy and security features of QIP including
| + | |
− | without limitation for spoofing, sniffing, eavesdropping, imposturing,
| + | |
− | flooding or spamming other users, breaking passwords, harassment, fraud,
| + | |
− | forgery, electronic trespassing, tampering, hacking, nuking, system
| + | |
− | contamination including without limitation use of viruses, worms and trojan
| + | |
− | horses causing unauthorized damaging or harmful access and/or retrieval
| + | |
− | of information and data.
| + | |
− | | + | |
− | The Author of QIP has no practical ability to restrict all conduct,
| + | |
− | communications or content which might violate this EULA. The Author of
| + | |
− | QIP has no control whatsoever over the information shared between
| + | |
− | users. The Author of QIP is not technically capable to monitor and
| + | |
− | therefore, the Author of QIP does not monitor the content available
| + | |
− | through QIP, to determine compliance with this EULA. You will remain
| + | |
− | solely responsible for the content of your messages and files. It is solely
| + | |
− | your responsibility to evaluate the quality, adequacy, accuracy,
| + | |
− | completeness, currentness, validity and usefulness of all the information,
| + | |
− | files and data obtained or accessible through QIP. You agree that the
| + | |
− | Author of QIP is not responsible, and shall have no liability to you or
| + | |
− | anyone else, for any information, file, data or material obtained through or
| + | |
− | accessible through QIP, including defamatory, offensive, or illicit
| + | |
− | information, file, data or material, and that the risk of damage from such
| + | |
− | information, file, data or material rests entirely with you. You agree to
| + | |
− | indemnify the Author of QIP, and to hold him harmless, from any and all
| + | |
− | losses, claims and liabilities (including attorneys fees) which may arise from
| + | |
− | your use of QIP or any information, file, data or material obtained through or
| + | |
− | accessible through QIP, or from your breach of this EULA. You undertake
| + | |
− | to satisfy yourself of the risks involved and acknowledge that the
| + | |
− | information and files shared between users may contain technically harmful
| + | |
− | data and/or programmes (including without limitation computer viruses,
| + | |
− | logic bombs, Trojan horses, worms, harmful components, corrupted data or
| + | |
− | other malicious software or harmful data) and may, amongst other things,
| + | |
− | cause harm to your computer, your network and/or any programs on each.
| + | |
− | | + | |
− | You agree NOT to attempt to penetrate security measures of THIRD
| + | |
− | PARTIES' servers, services and networks, whether or not the intrusion
| + | |
− | results in corruption or loss of data.
| + | |
− | | + | |
− | The access to some THIRD PARTIES' servers, services and networks is
| + | |
− | provided by the THIRD PARTIES as a convenience. QIP users and those
| + | |
− | wishing to contact QIP users are granted limited access to some THIRD
| + | |
− | PARTIES' servers, services and networks' various directories, databases
| + | |
− | and listings solely for the purpose of allowing more convenient personal
| + | |
− | communications. Any unlawful use of or any unlawful attempt to access
| + | |
− | through QIP any THIRD PARTIES' servers, services and networks'
| + | |
− | various directories, databases and listings is strongly prohibited.
| + | |
− | | + | |
− | You acknowledge that you are expressly prohibited from utilizing QIP in
| + | |
− | connection with data mining of any kind, harvesting or otherwise collecting
| + | |
− | information about others, including e-mail addresses, commercial use, the
| + | |
− | sending of unsolicited messages, whether commercial or not, to a large
| + | |
− | number of recipients.
| + | |
− | | + | |
− | A message is unsolicited if it is sent to a recipient who has not requested or
| + | |
− | invited the message.
| + | |
− | | + | |
− | You shall not transmit through QIP any file or material protected by
| + | |
− | copyright, trademark or other proprietary right without the express
| + | |
− | permission of the owner of the copyright, trademark or other proprietary
| + | |
− | right. You are responsible for determining whether copyright, trademark or
| + | |
− | other proprietary right protects such material or file. You shall be solely
| + | |
− | liable for any damages resulting from any infringement of copyright,
| + | |
− | trademark or other proprietary right, or any other harm resulting from any
| + | |
− | transmitting.
| + | |
− | | + | |
− | PRIVACY POLICY. The Author of QIP collects both personally identifiable
| + | |
− | and non-personally identifiable information in connection with your use of
| + | |
− | the Website of the Author of QIP www.qip.ru . Neither the Author of QIP,
| + | |
− | nor QIP collects or uses in any way any form of personal or interpersonal
| + | |
− | information in connection with your use of QIP. The Author of QIP is not
| + | |
− | technically capable to monitor your communications and the content of
| + | |
− | your communications performed through QIP.
| + | |
− | | + | |
− | You agree that the Author of QIP may disclose to third parties without your
| + | |
− | permission information about the total number of downloads of QIP.
| + | |
− | | + | |
− | By your use of QIP you agree and acknowledge that the details you elect
| + | |
− | to post on the various THIRD PARTIES' servers, services and networks
| + | |
− | during registration procedures or thereafter, including during use of THIRD
| + | |
− | PARTIES' servers, services and networks, are generally available and
| + | |
− | freely accessible to Internet users and the public.
| + | |
− | | + | |
− | The Author of QIP is not responsible for any information, including without
| + | |
− | limitation users' personal data, user posted web site material, users' "White
| + | |
− | Pages" postings, submitted through QIP or residing on THIRD PARTIES'
| + | |
− | servers.
| + | |
− | | + | |
− | MAINTENANCE AND SUPPORT. You understand that your use of QIP is
| + | |
− | at your own risk and that the Author of QIP provides no assistance other
| + | |
− | than the information posted on the Author of QIP's web site located at
| + | |
− | http://www.qip.ru . The Author of QIP is under no obligation to provide | + | |
− | you with any error corrections, updates, upgrades, bug fixes and/or
| + | |
− | enhancements of QIP.
| + | |
− | | + | |
− | THIRD PARTIES' SERVICES, SERVERS AND NETWORKS. QIP
| + | |
− | technically enables connecting to THIRD PARTIES' SERVICES,
| + | |
− | SERVERS and NETWORKS.
| + | |
− | | + | |
− | The use of the THIRD PARTIES' SERVICES, SERVERS and
| + | |
− | NETWORKS may require the respective THIRD PARTIES' consent.
| + | |
− | Please consult the license agreements associated with the THIRD
| + | |
− | PARTIES' SERVICES, SERVERS and NETWORKS or contact the
| + | |
− | THIRD PARTIES regarding permitted uses of their SERVICES, SERVERS
| + | |
− | and NETWORKS. The Author of QIP assumes NO responsibility for any
| + | |
− | failure of yours to comply with the THIRD PARTIES' terms of service.
| + | |
− | | + | |
− | The THIRD PARTIES' SERVICES, SERVERS and NETWORKS are
| + | |
− | NOT controlled by the Author of QIP in any way.
| + | |
− | | + | |
− | The Author of QIP does not represent and warrant that any access and
| + | |
− | use of THIRD PARTIES' SERVICES, SERVERS and NETWORKS
| + | |
− | through QIP will be compatible, uninterrupted, error free, without defects or
| + | |
− | that you will be able to access the THIRD PARTIES' SERVICES,
| + | |
− | SERVERS and NETWORKS at all times and locations of your choosing.
| + | |
− | The Author of QIP assumes NO responsibility for the performance,
| + | |
− | availability, functionality, quality, or reliability of the THIRD PARTIES'
| + | |
− | SERVICES, SERVERS and NETWORKS or that the THIRD PARTIES'
| + | |
− | SERVICES, SERVERS and NETWORKS are error free, will operate in an
| + | |
− | uninterrupted manner, are completely secure, or will interoperate with QIP
| + | |
− | users. You also agree that the Author of QIP is under no obligation to
| + | |
− | provide you with any error corrections, updates, upgrades, fixes and/or
| + | |
− | enhancements to make THIRD PARTIES' SERVICES, SERVERS and
| + | |
− | NETWORKS accessible through QIP. The Author of QIP is under no
| + | |
− | obligation to provide MAINTENANCE AND SUPPORT of the THIRD
| + | |
− | PARTIES' SERVICES, SERVERS and NETWORKS. The Author of QIP is
| + | |
− | not responsible for any failure or delay in sending of any information, data
| + | |
− | or file through QIP and/or through THIRD PARTIES' SERVICES,
| + | |
− | SERVERS and NETWORKS. Notwithstanding anything herein, the Author
| + | |
− | of QIP does not warrant or guarantee that the information, , data or file
| + | |
− | sent, relayed, carried or delivered through THIRD PARTIES' SERVERS
| + | |
− | and/or NETWORKS will reach its destination, or its correct address or
| + | |
− | recipient, or that the details of the recipient or sender are correct or
| + | |
− | accurate. The Author of QIP shall not be responsible for reliability of any of
| + | |
− | the information, data or file sent, delivered, relayed, carried or received
| + | |
− | through the THIRD PARTIES' SERVERS and NETWORKS.
| + | |
− | | + | |
− | Under no circumstances shall the Author of QIP be held responsible or
| + | |
− | liable, directly or indirectly, for any loss or damage caused or alleged to
| + | |
− | have been caused to you in connection with the use of or reliance on any
| + | |
− | content, goods or services available on any THIRD PARTIES' SERVERS
| + | |
− | and NETWORKS. You should direct any concerns to the administrator or
| + | |
− | webmaster of such THIRD PARTIES' SERVICES, SERVERS and
| + | |
− | NETWORKS.
| + | |
− | | + | |
− | You agree that the THIRD PARTIES are permitted to limit, deny, create
| + | |
− | different priorities for different users, update or cancel some or all of the
| + | |
− | functionality of their services at any time, without prior notice.
| + | |
− | | + | |
− | The THIRD PARTIES' Services or any part thereof including without
| + | |
− | limitation, the access to the THIRD PARTIES' Services granted to you or
| + | |
− | to any other user and the availability and functionality of any THIRD
| + | |
− | PARTIES' feature and function, including without limitation THIRD
| + | |
− | PARTIES' applications, may be changed, updated, added to, limited or
| + | |
− | terminated, at any time, temporarily or permanently, without notice, for any
| + | |
− | reason or no reason by the THIRD PARTIES in their sole discretion
| + | |
− | ("Changes of Functionality"). The THIRD PARTIES may introduce or grant
| + | |
− | different grades of service and listings policies, different levels of access or
| + | |
− | no access at all and different priorities to different users or to different
| + | |
− | functions, or to users of different versions of QIP, or introduce and add
| + | |
− | new features in the current or in any future THIRD PARTIES' Services,
| + | |
− | that may cause functionality change, limitation or termination of, or addition
| + | |
− | to, the functionality of features in earlier versions of QIP still in use ("Grant
| + | |
− | of Different Services"), at any time without notice, at their sole discretion.
| + | |
− | You agree to bear the risks of and hold the Author of QIP harmless for any
| + | |
− | and all effects that the Changes of Functionality and Grant of Different
| + | |
− | Services may have on you and your ability to use QIP and the THIRD
| + | |
− | PARTIES' Services, in whole or in part, for communicating with third
| + | |
− | parties or their ability to communicate with you.
| + | |
− | | + | |
− | You are solely responsible for your dealings with any third parties.
| + | |
− | | + | |
− | SECURITY AND PRIVACY LIMITATIONS. You acknowledge that you are
| + | |
− | aware of security and privacy limitations in the THIRD PARTIES' Services
| + | |
− | including the limitation of security, privacy and authentication measures
| + | |
− | and features.
| + | |
− | | + | |
− | You acknowledge that you are aware that by using QIP to access THIRD
| + | |
− | PARTIES' servers, services and networks, you may be subject to
| + | |
− | VARIOUS RISKS, including among others:
| + | |
− | | + | |
− | - Exposure to objectionable material and/or parties, including without
| + | |
− | limitation, malicious codes.
| + | |
− | | + | |
− | - Unauthorized invasion of your privacy
| + | |
− | | + | |
− | - Spoofing, eavesdropping, sniffing, spamming, breaking passwords,
| + | |
− | harassment, fraud, forgery, "imposturing", electronic trespassing,
| + | |
− | tampering, hacking, flooding, spamming, nuking, system contamination
| + | |
− | including without limitation use of viruses, worms and trojan horses causing
| + | |
− | unauthorized, damaging or harmful access and/or retrieval of information
| + | |
− | and data on your computer and other forms of activity that may even be
| + | |
− | considered unlawful.
| + | |
− | | + | |
− | - Unauthorized exposure of information and material you sent, through QIP
| + | |
− | to other users, the general public or any other specific entities for which
| + | |
− | the information and material was not intended by you.
| + | |
− | | + | |
− | IF YOU DO NOT WISH TO BE SUBJECTED TO THESE RISKS, YOU
| + | |
− | ARE ADVISED NOT TO USE QIP.
| + | |
− | | + | |
− | Please note that in each and every Internet application, the IP address of
| + | |
− | the sender can be extracted by any party to the communication session
| + | |
− | using certain software and/or hardware. Also note that utilizing QIP does
| + | |
− | not guarantee a complete non-exposure of your IP address.
| + | |
− | | + | |
− | IMPORTANT NOTICE. The terms "ICQ", "UIN", "AIM", "SCREENNAME",
| + | |
− | "SN" or any other term related to ICQ, AOL Instant Messenger (AIM) and
| + | |
− | America Online (AOL) may be available in some dialogs of QIP. QIP is a
| + | |
− | client that technically enables connecting by a certain category of users to
| + | |
− | AIM services, servers and network and to ICQ services, servers and
| + | |
− | network.
| + | |
− | | + | |
− | At the present time under the current AIM Terms of Service "You may
| + | |
− | access AIM Products only through the interfaces and protocols provided
| + | |
− | or authorized by AOL." Under the current AIM Terms of Service "You
| + | |
− | agree that you will not access AIM Products through unauthorized means,
| + | |
− | such as unlicensed software clients, and that you will only use AIM
| + | |
− | Products in conjunction with AOL authorized products and components."
| + | |
− | | + | |
− | At the present time under the current ICQ Privacy Policy "Use of the ICQ
| + | |
− | software, the ICQ network, system, Web site, servers, various directories
| + | |
− | and listings, message boards, tools, information and databases,
| + | |
− | Commercial Activities related thereto or any part thereof ("ICQ Services
| + | |
− | and Information") is subject to the terms and conditions of the license
| + | |
− | agreement that accompanied the ICQ software ("Software") or any
| + | |
− | updates thereof ("License Agreement") as well as to the ICQ Privacy
| + | |
− | Policy, Acceptable Use Policy, Usage Notice and any other applicable
| + | |
− | terms of service document all available on or through www.icq.com/legal/
| + | |
− | (the "ICQ Terms of Service")." At the present time under the current ICQ
| + | |
− | End User License Agreement "You agree not to (1) create or use any
| + | |
− | software other than the Software provided by ICQ or by America Online,
| + | |
− | Inc., or any affiliate thereof, to enter your ICQ number and password or to
| + | |
− | access the ICQ Services, without the express written authorization of ICQ."
| + | |
− | | + | |
− | Under the law, AOL has no actual requirement to permit outside parties
| + | |
− | from accessing its privately-funded, privately-operated servers. As long as
| + | |
− | AOL's policy is to block third parties' clients from the utilization of its
| + | |
− | servers, YOU AGREE NOT TO USE QIP TO ACCESS AOL SERVICES,
| + | |
− | SERVERS AND NETWORK. As long as AOL's policy is to block third
| + | |
− | parties' clients from the utilization of its servers, you acknowledge that
| + | |
− | accessing AOL services, servers and network through unauthorized
| + | |
− | means, such as unlicensed software clients (including QIP as long as it is a
| + | |
− | client not authorized by AOL ) is AT YOUR OWN RISK and constitutes a
| + | |
− | breach of the respective Instant Messenger's Terms of Service- either the
| + | |
− | Terms of Service of AIM, or the Terms of Service of ICQ, depending on
| + | |
− | which network you access through unauthorized means.
| + | |
− | | + | |
− | The Author of QIP assumes NO RESPONSIBILITY for ANY ACTS of
| + | |
− | accessing or attempts to access through QIP AOL services, servers and
| + | |
− | network or ANY OTHER THIRD PARTIES' SERVICES, SERVERS and
| + | |
− | NETWORKS, if those THIRD PARTIES consider QIP a not authorized
| + | |
− | software for access of their SERVICES, SERVERS and NETWORKS.
| + | |
− | YOU AGREE NOT TO USE QIP TO ACCESS THIRD PARTIES
| + | |
− | SERVICES, SERVERS and NETWORKS, if those THIRD PARTIES
| + | |
− | consider QIP a not authorized software for access of their SERVICES,
| + | |
− | SERVERS and NETWORKS.
| + | |
− | | + | |
− | QIP and the Author of QIP are IN NO WAY AFFILIATED WITH OR
| + | |
− | ENDORSED BY America Online, Inc. or ICQ, Inc. The marks AOL and
| + | |
− | AIM are registered trademarks of America Online, Inc. The marks Instant
| + | |
− | Messenger and AOL Instant Messenger are service marks of America
| + | |
− | Online, Inc. ICQ, THE FLOWER LOGO, THE ICQ NETWORK and/or
| + | |
− | other ICQ products referenced in ICQ Terms of Service are trademarks
| + | |
− | and/or servicemarks of ICQ. No license is granted to you by the Author of
| + | |
− | QIP, either expressly or implicitly, to use any trademark, servicemark,
| + | |
− | names, or logos of ICQ, including ICQ and the flower logo. ICQ owns all
| + | |
− | intellectual property in the ICQ Services and the proprietary ICQ
| + | |
− | databases, including but not limited to ICQ components and algorithms,
| + | |
− | and access to the ICQ Services' server complex. The access to the ICQ
| + | |
− | Services and Networks is subject of the ICQ Terms of Service available on
| + | |
− | or through http://www.icq.com/legal/ .
| + | |
− | | + | |
− | You agree NOT to use tools (including skins, icons) designed for QIP
| + | |
− | which contain a unitary composite mark involving a trademark or graphics,
| + | |
− | images, illustrations which are a property of a third party without the prior
| + | |
− | written approval of its owner.
| + | |
− | | + | |
− | USER IDs AND PASSWORDS. QIP is a client that technically enables
| + | |
− | connecting to various THIRD PARTIES' SERVICES, SERVERS and
| + | |
− | NETWORKS You are solely responsible for maintaining the confidentiality
| + | |
− | and security of your user IDs and passwords registered on THIRD
| + | |
− | PARTIES' SERVERS. You are solely responsible and liable for any and all
| + | |
− | use of your user IDs and passwords and for activities that occur on or
| + | |
− | through your accounts. You agree to notify the respective THIRD
| + | |
− | PARTIES immediately about any unauthorized access to or use of any of
| + | |
− | your accounts. The Author of QIP cannot and will not be liable for any loss
| + | |
− | or damage arising from your failure to comply with the above provisions.
| + | |
− | | + | |
− | DISCLAIMER OF WARRANTIES. QIP IS PROVIDED ON AN "AS IS",
| + | |
− | "WITH ALL FAULTS", "AS AVAILABLE" BASIS. THE AUTHOR OF QIP
| + | |
− | MAKES NO AND HEREBY SPECIFICALLY DISCLAIMS ALL
| + | |
− | WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
| + | |
− | LIMITATION, THOSE OF MERCHANTABILITY, NON INFRINGEMENT
| + | |
− | AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO
| + | |
− | QIP OR ANY INFORMATION, FILE OR DATA SENT, DELIVERED OR
| + | |
− | RECEIVED BY USERS THROUGH QIP, UNLESS SUCH WARRANTIES
| + | |
− | ARE LEGALLY INCAPABLE OF EXCLUSION.
| + | |
− | | + | |
− | THE AUTHOR OF QIP DOES NOT WARRANT, GUARANTEE OR
| + | |
− | MAKE ANY REPRESENTATIONS REGARDING THE USE,
| + | |
− | AVAILABILITY, RELIABILITY OR THE RESULTS OF THE USE OF QIP
| + | |
− | AND THE ACCESS TO THE THIRD PARTIES' SERVERS, OR THE
| + | |
− | INFORMATION PROVIDED IN THE VARIOUS THIRD PARTIES'
| + | |
− | DIRECTORIES, LISTINGS AND DATABASES IN TERMS OF THE
| + | |
− | ACCURACY, RELIABILITY, QUALITY, VALIDITY, STABILITY,
| + | |
− | COMPLETENESS, CURRENTNESS, OR OTHERWISE OF THEIR
| + | |
− | CONTENTS, UNLESS SUCH WARRANTIES ARE LEGALLY
| + | |
− | INCAPABLE OF EXCLUSION. THE ENTIRE RISK AS TO THE
| + | |
− | RESULTS AND PERFORMANCE OF QIP AND ACCESS TO THE THIRD
| + | |
− | PARTIES' SERVERS OR THE VARIOUS THIRD PARTIES'
| + | |
− | DIRECTORIES AND LISTINGS DATA, IS ASSUMED BY YOU.
| + | |
− | | + | |
− | THE AUTHOR OF QIP ASSUMES NO RESPONSIBILITY FOR THE
| + | |
− | SECURITY, PROPRIETY OR COPYIGHT COMPLIANCE OF ANY
| + | |
− | CONTENT EXCHANGED USING QIP. DO NOT USE QIP FOR
| + | |
− | "MISSION CRITICAL" OR "CONTENT SENSITIVE" APPLICATIONS
| + | |
− | AND PURPOSES. FOR THE PURPOSE OF THIS SECTION "MISSION
| + | |
− | CRITICAL" APPLICATIONS AND PURPOSES SHALL MEAN
| + | |
− | APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE;
| + | |
− | "CONTENT SENSITIVE" SHALL MEAN ANY INFORMATION, FILE OR
| + | |
− | DATA YOU DO NOT WISH TO BE FREELY ACCESSIBLE AND
| + | |
− | GENERALLY AVAILABLE TO INTERNET USERS. QIP IS NOT
| + | |
− | DESIGNED OR MANUFACTURED FOR USE IN HAZARDOUS
| + | |
− | ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS
| + | |
− | IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
| + | |
− | NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC
| + | |
− | CONTROL, DIRECT LIFE SUPPORT SYSTEMS, OR WEAPON OR
| + | |
− | COMBAT SYSTEMS, IN WHICH THEIR FAILURE COULD LEAD
| + | |
− | DIRECTLY TO PERSONAL INJURY, DEATH, OR PROPERTY OR
| + | |
− | ENVIRONMENTAL DAMAGE. THE AUTHOR OF QIP DISCLAIMS ANY
| + | |
− | EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH USES.
| + | |
− | | + | |
− | LIMITED LIABILITY. IN NO EVENT WILL THE AUTHOR OF QIP BE
| + | |
− | LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE,
| + | |
− | INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
| + | |
− | NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS,
| + | |
− | BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
| + | |
− | INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING
| + | |
− | IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR
| + | |
− | INABILITY TO USE QIP, THE THIRD PARTIES' NETWORK,
| + | |
− | SERVICES, VARIOUS DIRECTORIES AND LISTINGS OR ANY OTHER
| + | |
− | 'INFORMATION', EVEN IF THE AUTHOR OF QIP SHALL HAVE BEEN
| + | |
− | ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
| + | |
− | REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
| + | |
− | TORT, OR OTHERWISE; FOR ANY CLAIM ATTRIBUTABLE TO
| + | |
− | DELAYS, ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR
| + | |
− | DESTRUCTIVE PROPERTIES OF ANY INFORMATION; FOR THE
| + | |
− | TRANSMISSION OR DELIVERY OF ALL OR ANY PART OF ANY
| + | |
− | INFORMATION, FOR ANY DAMAGE ARISING THEREFROM OR
| + | |
− | OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM
| + | |
− | THE USE OF THE INFORMATION; OR IF ANY INFORMATION
| + | |
− | INFECTS OR CONTAMINATES A USER'S SYSTEM OR INFORMATION.
| + | |
− | SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR
| + | |
− | LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND
| + | |
− | LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE
| + | |
− | EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY SET
| + | |
− | FORTH IN THIS EULA IS UNENFORCEABLE UNDER APPLICABLE
| + | |
− | LAW, THE AUTHOR OF QIP'S AGGREGATE LIABILITY WILL BE
| + | |
− | LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF
| + | |
− | ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
| + | |
− | | + | |
− | In no event will the Author of QIP 's liability with respect to this EULA
| + | |
− | exceed the average monthly access fee paid by you to your local
| + | |
− | telephone company or communication provider, solely and specifically for
| + | |
− | access to the THIRD PARTIES' Services THROUGH QIP.
| + | |
− | | + | |
− | The entire risk as to the quality and performance of QIP, and the
| + | |
− | accuracy, adequacy, completeness, correctness, validity and quality
| + | |
− | thereof or of any other information or file obtained or sent through QIP is
| + | |
− | with the user.
| + | |
− | | + | |
− | The Author of QIP is not responsible or liable for any incompatibility
| + | |
− | between any version of QIP and your software and hardware.
| + | |
− | | + | |
− | IF YOU ARE DISSATISFIED WITH QIP, YOU DO NOT AGREE WITH
| + | |
− | ANY PART OF THIS EULA, OR YOU HAVE ANY OTHER DISPUTE OR
| + | |
− | CLAIM WITH OR AGAINST THE AUTHOR OF QIP WITH RESPECT TO
| + | |
− | THIS EULA OR QIP, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS
| + | |
− | TO DISCONTINUE USING QIP.
| + | |
− | | + | |
− | CHARGING POLICIES. The Author of QIP declares that all QIP versions
| + | |
− | are provided to you free of charge. If you install or use any version of QIP,
| + | |
− | your use of that version of QIP is under the terms of the EULA that is
| + | |
− | presented to you for acceptance. In any case you cannot use any version
| + | |
− | of QIP until you have accepted the then-current QIP EULA. Note that the
| + | |
− | access to certain THIRD PARTIES' services, servers and networks may
| + | |
− | be not free of charge. Any telephone or other communications charges
| + | |
− | incurred by you to access the THIRD PARTIES services, servers and
| + | |
− | networks through QIP or the website of the Author of QIP at www.qip.ru
| + | |
− | are your responsibility. Since these charges are your responsibility, you
| + | |
− | should contact your local telephone company or communication provider if
| + | |
− | you have a question about whether your access carries any long distance
| + | |
− | charges or other toll charges from your location.
| + | |
− | | + | |
− | RIGHTS AND REMEDIES. You agree that this EULA is not intended to
| + | |
− | confer and does not confer any rights or remedies upon any person other
| + | |
− | than the parties to this EULA. You also understand and agree that the QIP
| + | |
− | EULA, including the Author of QIP's enforcement of those terms and
| + | |
− | services, are not intended to confer, and do not confer, any rights or
| + | |
− | remedies upon any person other than the Author of QIP.
| + | |
− | | + | |
− | | + | |
− | | + | |
− | You acknowledge that QIP contains the Author of QIP's proprietary and
| + | |
− | confidential information, and that disclosure of such information or misuse
| + | |
− | of QIP will give rise to irreparable injury to the Author of QIP, inadequately
| + | |
− | compensable in damages. You acknowledge that the THIRD PARTIES'
| + | |
− | Services contain the respective THIRD PARTIES' proprietary and
| + | |
− | confidential information, and that disclosure of such information or misuse
| + | |
− | of the THIRD PARTIES' Services will give rise to irreparable injury to the
| + | |
− | THIRD PARTIES, inadequately compensable in damages. Accordingly,
| + | |
− | the Author of QIP and/or the THIRD PARTIES may seek and obtain
| + | |
− | injunctive relief against such disclosure or misuse or threatened such
| + | |
− | disclosure or misuse, in addition to any other legal remedies that may be
| + | |
− | available.
| + | |
− | | + | |
− | TERM AND TERMINATION. The term of this EULA will commence upon
| + | |
− | installation or use of QIP and continue indefinitely, unless you and the
| + | |
− | Author of QIP enter into a new agreement that entirely replaces this EULA,
| + | |
− | or unless the Author of QIP or you terminate this EULA as provided herein.
| + | |
− | | + | |
− | Without prejudice to any other rights, the Author of QIP may terminate this
| + | |
− | EULA if you fail to comply with its terms and conditions. The Author of QIP
| + | |
− | may in his sole discretion terminate this EULA at any time, and without
| + | |
− | notice to you, in the event that you are or the Author of QIP suspects that
| + | |
− | you are in breach of any of the terms of the EULA including, without
| + | |
− | limitation, infringing any Intellectual Property Rights of any third party.
| + | |
− | | + | |
− | You may terminate this EULA at any time by destroying ALL COPIES OF
| + | |
− | QIP AND ALL OF ITS COMPONENT PARTS.
| + | |
− | | + | |
− | The provisions of this EULA addressing onwership, intellectual property,
| + | |
− | restrictions on use, disclaimers of representations and warranties, indemnity
| + | |
− | obligations, and governing law shall survive the termination of this EULA
| + | |
− | and your use of QIP.
| + | |
− | | + | |
− | Without prejudice to any other rights that the Author of QIP may have
| + | |
− | under any applicable law, you acknowledge and agree that damages
| + | |
− | alone would not be an adequate remedy for any breach by you of the
| + | |
− | provisions of this EULA and that accordingly the Author of QIP shall be
| + | |
− | entitled, without proof of special damages, to the remedies of injunction,
| + | |
− | specific performance or other equitable relief for any threatened or actual
| + | |
− | breach of the provisions of this EULA.
| + | |
− | | + | |
− | SEVERABILITY. If any provision of this EULA is declared to be
| + | |
− | unenforceable for any reason, the remainder of this EULA will continue in
| + | |
− | full force and effect, and the unenforceable provision will be deemed
| + | |
− | modified to the extent necessary to comply with the applicable
| + | |
− | requirements of law, while retaining to the maximum extent permitted by law
| + | |
− | its intended effect and scope.
| + | |
− | | + | |
− | WAIVER. No delay or omission by either party to exercise any right or
| + | |
− | power arising upon the other party's nonperformance or breach will impair
| + | |
− | that right or power or be construed as a waiver of it. Any waiver must be in
| + | |
− | writing and signed by the waiving party. A waiver on one occasion will not
| + | |
− | be construed as a waiver of any subsequent event of nonperformance or
| + | |
− | breach.
| + | |
− | | + | |
− | TRANSFER OF RIGHTS. The Author of QIP may transfer, assign
| + | |
− | sublicense or pledge in any manner whatsoever, any of his rights and
| + | |
− | obligations under this EULA to any third party whatsoever, without notifying
| + | |
− | you or receiving your consent. You shall not transfer, assign, delegate,
| + | |
− | sublicense nor pledge in any manner whatsoever, any of your rights or
| + | |
− | obligations under this EULA. Any attempt by you to do so is void. Instead,
| + | |
− | you may discontinue using QIP.
| + | |
− | | + | |
− | CHANGES TO AGREEMENT. The Author of QIP may change, from time
| + | |
− | to time, the QIP EULA with or without a release of a new version of QIP.
| + | |
− | Each time you use any version of QIP, you reaffirm your acceptance of the
| + | |
− | then-current EULA. Subject to the foregoing, you further agree to be
| + | |
− | bound by the provisions of the then-current EULA available on the Author
| + | |
− | of QIP's website at www.qip.ru/legal , if such EULA is marked with a more
| + | |
− | recent date than that on the EULA that accompanies your Software.
| + | |
− | | + | |
− | NOTICES AND WARNINGS. You acknowledge that the various notes,
| + | |
− | notices and warnings available on the Author of QIP's website at
| + | |
− | http://www.qip.ru/, are provided as a convenience only. The inclusion of | + | |
− | such does not constitute an obligation on the Author of QIP to provide
| + | |
− | such notes, notices and warnings in other places or features of the Author
| + | |
− | of QIP's website at http://www.qip.ru/.
| + | |
− | | + | |
− | GOVERNING LAW. The interpretation and performance of this EULA will
| + | |
− | be governed in all respects by the laws of the Russian Federation,
| + | |
− | excluding its conflicts-of-law rules. Please note that your use of the THIRD
| + | |
− | PARTIES' service, servers and networks may be subject to other local,
| + | |
− | state, national, and international laws. The parties expressly agree that the
| + | |
− | United Nations Convention on Contracts for the International Sale of
| + | |
− | Goods will not apply to this EULA.
| + | |
− | | + | |
− | Each of the parties irrevocably consents to the exclusive personal
| + | |
− | jurisdiction of the courts located in the Russian Federation, for any matter
| + | |
− | arising out of or relating to this EULA. Any litigation arising under or related
| + | |
− | to this EULA will be brought only to the courts located in the Russian
| + | |
− | Federation. You cannot revoke your consent to the exclusive personal
| + | |
− | jurisdiction of the courts located in the Russian federation, for any matter
| + | |
− | arising out of or relating to this EULA.
| + | |
− | | + | |
− | You hereby submit to the personal jurisdiction of these courts and waive all
| + | |
− | objections to placing venue exclusively before them. The prevailing party
| + | |
− | in any litigation arising under or related to this EULA, in addition to any
| + | |
− | other relief granted to it, will be entitled to recover from the losing party its
| + | |
− | reasonable attorneys' fees and costs incurred in connection with the
| + | |
− | litigation.
| + | |
− | | + | |
− | EXPORT CONTROL. You agree to abide by all Russian and other
| + | |
− | applicable export control laws and regulations of governmental bodies and
| + | |
− | agencies and not to export, re-export or otherwise transfer, by electronic
| + | |
− | transmission or otherwise, any content subject to restrictions under such
| + | |
− | laws to a national destination prohibited under such laws or to any person
| + | |
− | to whom exports, re-exports or transfers are prohibited under such laws,
| + | |
− | without first obtaining, and then complying with, any requisite government
| + | |
− | authorization. You further agree not to send or obtain through QIP any
| + | |
− | data that cannot be exported without prior written government
| + | |
− | authorization, including, but not limited to, certain types of encryptions.
| + | |
− | | + | |
− | | + | |
− | | + | |
− | SECTION TITLES. The section titles in this EULA are for convenience
| + | |
− | only and have no legal or contractual effect.
| + | |
− | | + | |
− | | + | |
− | | + | |
− | YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA,
| + | |
− | UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND
| + | |
− | CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE
| + | |
− | AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE
| + | |
− | AUTHOR OF QIP AND YOU WHICH SUPERSEDES ANY PROPOSAL
| + | |
− | OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER
| + | |
− | COMMUNICATIONS BETWEEN THE AUTHOR OF QIP AND YOU
| + | |
− | RELATING TO THE SUBJECT MATTER OF THIS EULA.
| + | |
− | | + | |
− | IF YOU HAVE ANY QUESTIONS OR CONCERNS DO NOT INSTALL
| + | |
− | QIP, INSTEAD CONTACT THE AUTHOR OF QIP BY E-MAIL. FOR
| + | |
− | DETAILS ABOUT THE AUTHOR OF QIP'S E-MAIL REFER TO THE
| + | |
− | AUTHOR OF QIP'S WEBSITE AT www.qip.ru . IF YOU HAVE ALREADY
| + | |
− | INSTALLED QIP, DISCONTINUE ITS USE AND UNINSTALL QIP.
| + | |
− | PLEASE NOTE THAT IF YOU UNINSTALL QIP, IN WHOLE OR IN
| + | |
− | PART, IN ANY OTHER MANNER, YOU MAY ADVERSELY AFFECT
| + | |
− | YOUR COMPUTER'S FUNCTIONALITY.
| + | |
− | | + | |
− | NOTE THAT IT IS AT THE AUTHOR OF QIP'S SOLE DISCRETION TO
| + | |
− | ANSWER AN E-MAIL SENT TO HIM OR NOT. The Author of QIP is not
| + | |
− | responsible or liable for the performance, functionality and availability of the
| + | |
− | Author of QIP's website at http://www.qip.ru.
| + | |
− | | + | |
− | Note that for those accessing or using any areas of the Author of QIP's
| + | |
− | website at http://www.qip.ru there are Terms and Conditions of the Author
| + | |
− | of QIP's Website.
| + | |
− | | + | |
− | | + | |
− | | + | |
− | Copyright c 2005 The Author of QIP.
| + | |
− | | + | |
− | All rights reserved. QIP and QIP logo are trademarks of the Author of QIP,
| + | |
− | which may be registered in some jurisdictions. Russian federation and
| + | |
− | foreign patents pending. All other company and/or product names are
| + | |
− | trademarks and/or registered trademarks of their respective owners.
| + | |
− | | + | |
− | | + | |
− | | + | |
− | QIP Client Software EULA - October 31, 2005
| + | |
− | </PRE>
| + | |