The text of the BellSouth Internet Call Waiting License Agreement is shown below.
BellSouth Telecommunications, Inc.
Internet Call Waiting End User Software Agreement
This legal document is an agreement between you (either an individual or an entity, as the case may be) and BellSouth Telecommunications, Inc.
By acknowledging below that you ACCEPT these terms and conditions, and by executing the program files, you agree to be bound by the terms of this agreement. If you do not agree to the terms presented in this agreement, DO NOT select the ACCEPT option below, and promptly delete all Internet Call Waiting files downloaded from the BellSouth Telecommunications, Inc. Internet Website and/or return any disks and accompanying items to BellSouth Telecommunications, Inc.
To protect our rights, BellSouth, Telecommunications Inc. does NOT sell any rights to software. Rather, BellSouth Telecommunications, Inc.
grants the Right to Use the software by means of a software license.
BellSouth Telecommunications, Inc. specifically retains the title to all BellSouth Telecommunications, Inc. computer software.
A. SOFTWARE LICENSE
1. Grant of a License. In consideration of your agreement to abide by the terms and conditions of this software license, BellSouth
Telecommunications, Inc., the "LICENSOR," grants you, the
"LICENSEE," a non-exclusive and revocable right to use this copy of the BellSouth Telecommunications, Inc. software program to be used in connection with the named BellSouth(r) Internet Call Waiting service (hereinafter the "Software") for one computer so long as you comply with the terms of this License. The Software is intended for use in connection with the BellSouth(r) Internet Call Waiting service.
2. Ownership of Software. As a LICENSEE, you own the physical media on which the software is originally or subsequently recorded, but an express condition of this License is that BellSouth
Telecommunications, Inc. retains title and ownership of the intellectual property and Software recorded on the original disk(s) and/or contained within the BellSouth Telecommunications, Inc.
Internet Website and all subsequent copies of the Software,
regardless of the form or media in or on which the original and other copies may exist. This License is NOT a sale of the original Software or any copy.
3. Copying Restrictions. This Software and the accompanying written materials are the subject of copyright. Unauthorized copying of the Software, including Software that has been modified, or of the written materials is expressly forbidden. You may be held legally responsible for any copyright infringement which has been encouraged or caused by the failure to abide by the terms of this License.
4. Use Restrictions. As the LICENSEE, you may physically transfer the Software from one computer to another provided that the Software is used on only one computer at any one time. You may not distribute copies of the Software or accompanying written materials to others.
You may not modify, adapt, translate, reverse engineer, disassemble, decompile, or create derivative works based on the Software. You may not modify, adapt, translate, reverse engineer, disassemble, decompile, or create derivative works based on the written materials without the prior written consent of BellSouth Telecommunications, Inc.
5. Other Limitations
a. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
b. The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer.
c. You may not rent or lease the Software.
d. You may permanently transfer all your rights under this License, provided you retain no copies; you transfer all of the Software, including all component parts, the media, any upgrades and this License; and the recipient agrees to the terms of this License.
6. Termination. Without prejudice to any other rights, BellSouth Telecommunications, Inc. may revoke and immediately terminate this License without further notice if you fail to comply with any of the terms and conditions of this License. In such event, you must destroy all copies of the Software and all of its component parts.
3
B. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES.
THE SOFTWARE AND ACCOMPANYING WRITTEN
MATERIALS (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE.
FURTHER, BELLSOUTH TELECOMMUNICATIONS, INC.
DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, RELIABILITY, ACCURACY OR FITNESS FOR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE
SOFTWARE IS ASSUMED BY YOU. SHOULD THE
SOFTWARE BE DEFECTIVE, YOU AND NOT BELLSOUTH TELECOMMUNICATIONS, INC. OR ITS DEALERS, AGENTS, DISTRIBUTORS OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIR, SERVICING AND CORRECTION.
Neither BellSouth Telecommunications, Inc., nor anyone else who has been involved in the creation, production or delivery of the Software and accompanying written materials shall be liable for any direct, indirect, special, consequential or incidental damages
(including damages for loss of business profits, business interruption, loss of business information, and the like.) arising out of the use or inability to use the Software and accompanying written materials even if BellSouth Telecommunications, Inc. has been advised of the possibility of such damages.
C. EXCLUSIVE REMEDY OF USER
Your sole and exclusive remedy for any failure or non-performance of the Software shall be for BellSouth Telecommunications, Inc. to provide replacement software.
D. SECURITY DISCLAIMER
The Software uses the Internet to transmit caller identification information to you. BellSouth Telecommunications, Inc. uses encryption in an effort to secure this information. BellSouth
Telecommunications, Inc. does not, however, guarantee the security of any information transmitted via the Internet.
E. INDEMNIFICATION BY USER
You shall indemnify, defend and hold BellSouth
Telecommunications, Inc. and any of its licensors, employees or agents harmless from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising from or relating to: (i.) your use of the Software, or any act, error, or
omission of you or any user of your account in connection therewith, including, but not limited to, matters relating to incorrect,
incomplete, or misleading information; libel; invasion of privacy;
infringement of a copyright, trade name, trademark, service mark, or other intellectual property; (ii.) any defective product or any injury or damage to person or property caused by any products sold or
otherwise distributed through or in connection with the Software or (iii.) resulting from your failure to perform your obligations hereunder.
F. MISCELLANEOUS
1. No action, regardless of form, arising out of this License Agreements may be brought by you or any party claiming by, through or under you more than one year after the cause of action has arisen.
2. This License Agreement and any services provided with respect to the Software shall be governed by the laws of the State of Georgia, without regard to its conflicts of laws provisions. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.
3. Your Internet connection through your Internet Service Provider will affect the performance of the Software.