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New York City, September 2005 The following introductory paragraph is a short human readable summary of the main privacy points that may concern users, with the purpose of giving users a clear snapshot of how users Data is handled by Tipic. We always thought that Licences were too cryptic so here is a summary of the license for the benefit of non lawyers: - Data sent to servers: most of the communication (chat messages, group chat messages) flows through the server; file transfers, VOIP calls etc. are usually client-to-client communications. - Data that resides on the client: very little data is stored on the client side: basically the logs of conversations and the registry settings of the application (including JID and password if you choose so). You can configure TipicIM so that no logs of the conversations are kept on the client. - Data that is sold: no specific user data is sold to third parties unless the user specifically agrees. Tipic might decide to sell only aggregate users data for Direct Marketing purposes. WARNING: "This summary is not legally binding -- please read the license below." TIPICIM LICENSE This software ("Software") is being licensed to you by Tipic ("Tipic") and is provided on an "AS IS" basis. By accepting the terms of this license agreement you agree that Tipic is permitted to limit, deny or cancel some or all of the functionality of this version at any time, without prior notice. As part of this software version Tipic is granting a limited access to the Tipic network, servers, directories, listings, information and databases ("Tipic Services and Information"). The Tipic Service and Information may also be accessible by other software applications and may be published on the Tipic website. Tipic makes no warranty or guarantee as to the availability or reliability of the Tipic Services and Information to you or any other user. This access granted to you or any other user, can be terminated, limited or denied at any time, temporarily or permanently, with no advance notice. The Tipic network, servers, directories and databases functionality may be changed, reduced or limited at any time. Tipic may elect to grant different grade of service, different levels of access or no access at all and different priorities to different users or to different functions, at any time without prior notice at its sole discretion. Tipic may elect in its sole discretion to condition the continuation of access to server, on you accepting software improvements, corrections, adaptations, or changes to the TipicIM program, or to the Tipic usernames. Tipic may at any time cancel, change, hold, de-list, introduce different publishing options to different users or refrain from publishing Tipic usernames or any other details of the users listed on the Tipic Various Directories and Listings. You agree to the effects that limitation, reduction of functionality of the TipicIM Software, system, network or the Tipic servers, the Tipic Various directories, listings and databases, or changing of level of access or stopping access to the servers or terminating the service, or introducing different grade of service or listings policies to you or to any other user, may have on your ability to use the TipicIM Software or the Tipic Services and Information, in whole or in part, for communicating with third parties, or their ability to communicate with you. By using the TipicIM Software or the Tipic Services and Information, you agree to and acknowledge the following: 1) The details you elected to post on the various Tipic Directories, during the registration procedure or thereafter are available and freely accessible by the public; 2) Tipic may gather statistics and other information concerning the use of, and originated from the TipicIM Software, Tipic Servers, the Tipic network and Tipic websites as well as registration parameters provided by you, your software and configuration, provided that if published will be done only in aggregate form without user names; 3) Information provided or related to by you may serve for the purpose of target advertising, co-registration to other services by Tipic or other parties, provided that if names are part of this information Tipic will provide them only with your consent; 4) Due to the nature and functionality of the Tipic system, Software and network, other users may retrieve information regarding your dynamic IP address, your selection of various parameters and status, or any information submitted by you in the registration procedure or while using the TipicIM Software and Network; 5) Not to use or rely on the TipicIM software and Tipic websites, the Tipic Services and Information or any other program, information or service whatsoever related thereto for "mission critical" or "content sensitive applications and use. "Mission critical" applications and use shall mean applications and use that may result in damage if failed; "content sensitive" shall mean any information or data you do not wish to be freely accessible and generally available to Internet users. Unless produced by Tipic, the information you access by using the TipicIM software or the Tipic Various Directories and Listings, or the website, or information sent to you by other users, is provided by the users, and entered or posted by them, and is not reviewed, controlled, examined or endorsed by Tipic. By using the TipicIM Software, system, network or the Tipic various directories and listings you agree to: 1) Determine whether the Information complies with your needs; 2) Determine whether you have adequate legal rights to store, reproduce or otherwise make use of Information in the manner contemplated by you; 3) Comply with any legal obligations, including but not limited to, obligations imposed by copyright, secrecy, defamation, decency, privacy and export laws; Tipic is not responsible for any information, including without limitation, online and offline messages, users` personal data, user posted website material, users` white pages postings submitted on or through the Tipic network or residing on Tipics servers. Tipic may erase, remove, delete, delay, jam or alter such information without prior notice, for functional or any other reason. TIPIC VARIOUS DIRECTORIES, LISTINGS AND DATABASES INFORMATION IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. TIPIC MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE TIPICIM SOFTWARE, THE TIPICIM PROGRAM, THE TIPIC NETWORK, SERVERS` SOFTWARE, SERVICE OR ANY INFORMATION OF THE TIPIC VARIOUS DIRECTORIES, LISTINGS AND DATABASES OR ANY KIND OF INFORMATION DELIEVERED OR SENT BY USERS THROUGH THE TIPICIM SOFTWARE, SERVERS` SOFTWARE, THE WEBSITE, THE TIPIC NETWORK OR THE TIPIC VARIOUS DIRECTORIES AND LISTINGS. TIPIC DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE TIPICIM SOFTWARE, THE TIPIC NETWORK, THE SERVICE AND THE ACCESS TO THE SERVERS, OR THE INFORMATION PROVIDED BY THE TIPIC VARIOUS DIRECTORIES, LISTINGS AND DATABASES IN TERMS OF THE ACCURACY, RELIABILITY, QUALITY, VALIDITY, STABILITY, COMPLETENESS, CURRENTNESS, OR OTHERWISE OF THEIR CONTENTS OR PRODUCTS. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE, THE SERVICE, THE TIPIC NETWORK, THE TIPICIM PROGRAM, AND ACCESS TO THE SERVERS, OR THE TIPICIM VARIOUS DIRECTORIES AND LISTINGS DATA, IS ASSUMED BY USER. Tipic do not warrant or guarantee that the functions or services performed by Tipic will be uninterrupted or error-free or that defects in the TipicIM program and the Tipic Services and Information will be corrected. Tipic do not warrant or guarantee: 1) that any program or Information will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; 2) that the Information will not contain adult-oriented material, or material which some individuals may deem objectionable; or 3) It is the sole responsibility of the user to isolate software and Information, execute anti-contamination software and otherwise take steps to ensure that software or Information, if contaminated or infected, will not damage user`s information or system. You acknowledge that you are aware of security and privacy limitations including but not restricted to: (1) the limitation of security, privacy and authentication measures in this system; (2) that data and information on the Tipic system and network may be subject to eavesdropping, sniffing, breaking passwords, harassment or other security or privacy hazards or may reach an erroneous address or recipient. Tipic is not responsible for any special, incidental, indirect or consequential damages. In no event will Tipics liability with respect to this license agreement exceed the amount you paid (if you paid) to Tipic for the software. In no event shall Tipic be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the Information or the transmission or delivery of all or any part thereof, for any damage arising there from or occasioned thereby, or for the results obtained from the use of the Information. Tipic will not be responsible if any Information infects or contaminates a User`s system or information. The entire risk as to the quality and performance of the Tipics service the TipicIM Software, the Tipic network and the Tipic Services and Information and the accuracy, adequacy, completeness, correctness, validity and quality thereof or of any other Information is with the user. IN NO EVENT WILL TIPIC BE LIABLE TO ANY PARTY (i) FOR ANY DIRECT, 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 THE PROGRAM, THE SERVICE, THE TIMPICIM SOFTWARE, THE TIPIC NETWORK, THE TIPIC SERVICES AND INFORMATION OR ANY OTHER `INFORMATION`, EVEN IF TIPIC SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION.