YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST REMOVE THE PROGRAM FROM YOUR COMPUTER. Binary Gateway 3 (the "Program"), any online or electronic documentation, and any and all copies and derivative works of such software program and materials are the trademarked property of Novaslp.net, a non-profit programmer's collective. All use of the Program is governed by the terms of the End User License Agreement ("License Agreement") which is provided below. The Program is solely for use by end users according to the terms of the License Agreement. Any use, reproduction or redistribution of the Program not in accordance with the terms of the License Agreement is expressly prohibited. END USER LICENSE AGREEMENT By using Binary Gateway 3 ("The Program"), and any libraries, documentation, services or information distributed with it ("Associated Materials"), you certify that you understand and agree to the following information and restrictions. 1. LIMITED-USE LICENSE: Pending the exclusions below, Nova's Lurking Place ("Novaslp.net"), its members, developers, and administrators ("the authors") hereby grant, and by installing the program you thereby accept, a limited, non-exclusive license and right to install and use up to three (3) copies of the Program for your use on either a home or portable computer. The Program is licensed, not sold. Your license confers no title or ownership in the Program. The authors make the following exclusions on the above grant of license: A: By using the program, you also agree specifically that you are not an employee or authorized representative of Blizzard Entertainment, its parent company, or affiliates. If you are unable to agree to such a statement, you are NOT granted a license and must immediately remove the program and all associated materials from your computer. B: You are prohibited from using the program in any manner which fails to comply with the End-User License Agreement of Starcraft, Diablo 2, or any other software program related to servers to which you may be connecting or software whose files the program may be using. Failure to abide by that restriction voids this license, and you are required to remove this program and all associated materials from your computer. Starcraft, Diablo 2, Warcraft, and all associated works are copyrighted by Blizzard Entertainment. C: The grant of a license to install and use the software DOES NOT NECESSARILY ENTITLE EACH USER TO CLEARANCE TO CONNECT TO ANY SERVER. The authors place additional restrictions on the users granted such clearance, as described below in Section 6 of this License Agreement. 2. OWNERSHIP: All title, ownership rights and intellectual property rights in and to the Program and any and all copies thereof (including, but not limited to, any titles, computer code, objects, artwork, methods of operation, any related documentation, and external programs interfaced by the program) are owned by Novaslp.net and its members. The Program is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. All rights are reserved. 3. WARRANTY AND LIABILITY: The authors expressly disclaim any warranty for the Program and associated materials. The program and associated materials are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. The program's authors and publishers assume no responsibility of any kind and will not be held liable in any way for any damage to yourself, your computer, cancellation or restriction of an account with any service provider, commercial losses, or any other form of damage or loss, sustained while using the program. The program is meant for public use only on servers where such connectivity is expressly permitted. By using the program, you agree that if you were to incur penalties, legal action, fines, or any other type of negative consequences as a result of your use of the program, that you will not hold Nova's Lurking Place, its members, or any other person associated with the program responsible or liable for any damages or recompense. 4. RESTRICTIONS ON USAGE BY END USER: You are entitled to use the Program for your own use, but you are not entitled to: A: Sell, grant a security interest in or transfer reproductions of the Program to other parties in any way, nor to rent, lease or license the Program to others without the prior written consent of the authors. B: Use the program in violation of any other License Agreement to which you may have agreed, as specified in 1B above. C: You may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, or remove any proprietary notices on the Program without the prior consent, in writing, of the authors. 5. PROGRAM TRANSFER: You may permanently transfer all of your rights under this License Agreement, provided the recipient agrees to the terms of this License Agreement and you agree to remove the Program and any associated materials from your home or portable computer. 6. STORAGE OF USER INFORMATION: Binary Gateway 3 implements a security system that tracks user-specific information in a centralized online database. Specifically, it stores this data: - The Channel in which your program is chatting, as recorded within the program. - The Account on which you are logged into the server, as defined within the program. - The Server to which you are connecting, as defined within the program. - The internet address (IP) that each user is establishing a connection from. The program does not operate fully without successful and continuous transmission of this information to the central database. Permission to connect to servers using the program is a right reserved by the authors EXCLUSIVELY, and is granted at and only at their discretion. This right may be restricted or revoked at any time, without notice. Grant of a license to install and use the software (persuant to Section 1 of this License Agreement) does not imply or in any way guarantee that such access will be granted. Any of the actions of requesting, accepting or using information supplied by the authors of the program whereby granting access to connect to servers, represents an implicit acceptance of the terms and conditions represented in the paragraphs immediately preceding and following this one. By using the program, you certify that you acknowledge and accept this storage of information, as restricted by the Privacy statement contained in the accompanying documentation, and willingly permit the authors and administrators of the program to record this information for record-keeping and enforcement purposes. The authors of the program reserve the right to terminate your access to using the program based on any information received, including this stored data. If you do not agree to these provisions, you are required to remove the program and all associated materials from your computer. 7. PRIVACY: The authors of Binary Gateway 3 certify that all information collected from your computer while using the program are only kept for the protection of everyone. The information is kept so that abusers of the program can be tracked down and their licenses terminated. The authors will never sell, publish or aggregate this information, or keep this information in long-term storage. No personal data of any kind, with the exception of the user's internet address (IP), will ever be transmitted. The transmitted information will only pass between the program's central server and the individual user computers, and never to any third party or location. The authors reserve the right to use the information for the purpose of identifying violators of this License Agreement. Ownership of this information resides with the user whose copy of the program reported it. Each user has the right to request a listing of all information originating from their computer. They also have the right to request the authors to purge their database of all data associated with their own use of the program. Novaslp.net and its members will comply with any such request made by any user within one week of the request being filed. Novaslp.net will also comply with any request for information made by any law enforcement agency or representative of the Government. 8. TERMINATION: This License Agreement is effective until terminated. You may terminate the License Agreement at any time by destroying the program and any associated materials. The authors of Binary Gateway 3 may, at their discretion, terminate this License Agreement in the event that you fail to comply with the terms and conditions contained here. In such event, you must immediately destroy the Program and any associated materials. 9. COMPLIANCE: Binary Gateway 3 complies with section 3A of your Starcraft End-User License Agreement, and does not in any way reverse engineer, modify, or use the source code of Starcraft or any product of Blizzard Entertainment. It also complies with paragraph (iv) of section 4C in that same End-User License Agreement, by not providing any explicit matchmaking services for Starcraft and/or Battle.net, or redirecting Starcraft's connection in any way. In fact, it doesn't touch Starcraft's code with a 30-foot pole. Any questions or concerns about compliance or copyright infringement should be directed to Novaslp.net. 10. MISCELLANEOUS: This License Agreement shall be deemed to have been made and executed in the State of Pennsylvania and any dispute arising hereunder shall be resolved in accordance with the law of Pennsylvania. You agree that any claim asserted in any legal proceeding by one of the parities against the other shall be commenced and maintained in any state or federal court located in the State of Pennsylvania, City of Philadelphia, having subject matter jurisdiction with respect to the dispute between the parties. This License Agreement may be amended, altered or modified only by an instrument in writing, specifying such amendment, alteration or modification, executed by both parties. In the event that any provision of this License Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this License Agreement shall remain in full force and effect. This License Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. |