iWon : iWon Messenger

In order to download the iWon Messenger, you must review and agree to the Terms of Service below.

IWON SOFTWARE PRODUCT END USER LICENSE AGREEMENT IMPORTANT - PLEASE READ CAREFULLY BY CLICKING ON THE "SUBMIT", "DOWNLOAD", "I ACCEPT" OR SUCH SIMILAR BUTTON OR LINK AS MAY BE DESIGNATED FOR PURPOSES OF INITIATING THE DOWNLOAD OF THE APPLICABLE IWON SOFTWARE PRODUCTS (THE "IWON APPLICATION") AND USING THE IWON APPLICATIONS YOU AGREE TO BE LEGALLY BOUND BY THESE LICENSE TERMS AND CONDITIONS. FOR PURPOSES OF THIS EULA, THE IWON APPLICATION INCLUDES ANY AND ALL SOFTWARE OR OTHER APPLICATIONS WITH ARE INCLUDED THEREIN. 1. License Grant Subject to the terms and conditions of this Agreement, iWon.com (also referred to "we", "us" or "our") grants you a non-exclusive, revocable, limited license, to (a) download and install the most current version of the iWon Application (including all updates thereto) and (b) use the iWon Application(s) you download and install for your personal, non-commercial purposes. 2. License ConditionsYou may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer any iWon Application or use any iWon Application for the benefit of any third party through any outsourcing or time-sharing arrangement or through the operation of any service bureau. You may not modify, reverse-engineer, decompile, disassemble, or otherwise discover the iWon Application, or attempt to do so for any reason. Further, you may not access, create or modify our source code in any way. You do not have the right to and may not create derivative works of the iWon Application. All modifications or enhancements to the iWon Applications remain the sole property of iWon.com. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our services or use the iWon Application at any time, and we may at any time suspend or terminate any license hereunder and disable the iWon Applications. We reserve the right to add additional features or functions to the existing iWon Applications. When installed on your computer, the iWon Application periodically communicates with our servers. We may require the updating of the iWon Application on your computer when we release a new version of the iWon Application, or when we make new features available. This update may occur automatically or through other means and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current privacy policy and/or end user license agreement before you will be permitted a limited license for any subsequent versions of our iWon Application. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the iWon Application. 3. Ownership You acknowledge and agree that the iWon Application, including any and all software included therein provided by third parties is licensed, not sold to you by Focus Interactive, Inc. d/b/a iWon.com. You acknowledge that the iWon Application, including all code, content, protocols, software, and documentation provided to you by iWon.com in conjunction with the iWon Application or our services are iWon.com"s property or the property of iWon.com's licensors, and are 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 notice we have placed on any iWon Application. All rights not expressly granted hereunder are expressly reserved to iWon.com and iWon.com's licensors. "iWon.com", "My Search", "My Way" and "My Search Hub" are trademarks of Focus Interactive, Inc. All Rights Reserved. 4. Content and Infringement You understand that all content, including, without limitation all data, links, articles, search results, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available or accessible through the iWon Applications or our 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 an iWon Application, 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 reliance on the accuracy or completeness of such Content. Under no circumstances will iWon.com 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 iWon Application. We are not responsible for any content such as audio, video, text or any other, files owned by users of the iWon Applications. All of the iWon Applications are exposed to various security issues, and should be regarded as unsecure. By accepting this Agreement, you indicate that you understand, acknowledge and agree that by using the iWon Applications, 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. In addition, all content made available or accessed through the iWon Applications is the property of the applicable content owner and may be protected by applicable laws including without limitation those relating to Intellectual Property Rights. This Agreement gives you no rights to such content. iWon.com respects and expects its users to respect the rights of copyright holders. On notice, iWon.com will act appropriately to remove content under our control that infringes the copyright rights of others. iWon.com reserves the right to disable the access to the iWon Applications and our services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe that our services contain elements that infringe your copyrights in your work, please follow our Notice and Procedure for Making Claims of Copyright Infringement at http://www1.iwon.com/home/companyinfo/terms/terms_overview/0,11884,,00.html#copyright_notice. 5. Installation, Operation and Removal You may uninstall or remove the iWon Application at any time by using the Windows add/remove programs function or following the instructions listed on our website at http://www1.iwon.com/software_products/uninstall/0,20377,,00.html. However, by uninstalling the iWon Application, you may be unable to access some of our services and, in some instances, unable to use software with which the iWon Application was bundled. You understand, acknowledge and agree that installation of a iWon Application permits the downloading to your computer by iWon.com or its third party licensors which allows us to update the iWon Application, and that such updates may occur without notice to you unless the terms of this Agreement change in a material way. You agree to accept all such updates and agree that they are and shall be governed by this Agreement unless superceded by a successor agreement as described below. You further understand, acknowledge and agree that in consideration of the iWon Applications, services and information provided to you by iWon.com, and in order to make our services functional and robust, the iWon Application will communicate with our servers. Such communication may occur, for example, in connection with product updates and fixes, verifying and updating your settings, processing search queries or requests made by you through use of the iWon Application and as otherwise required to maintain and operate the iWon Application. The iWon Application does not report back to iWon.com with information about the sites you visit on the Internet or collect any information that you provide you to any such web sites. If you wish to withdraw your consent to the communication and data usage as described herein, uninstall any and all iWon Applications from your computer. 6. Your Obligations You represent and warrant that you are either the owner or an authorized user of the computer where the iWon Application is installed. No registration is required to use the iWon Applications, However, if you elect to provide any information in connection with the use of any other services iWon.com offers, you agree to provide and to maintain fully accurate, complete and current information. If iWon.com has reasonable grounds to suspect that such information is inaccurate, not current or not complete, iWon.com has the right to suspend or terminate your use of the iWon Application or our services, and pursue any appropriate legal remedies. You agree that we shall have the right to use the information you provide to us for the purposes described in this Agreement and in furtherance of your use of our services. You may use our services only for lawful purposes. 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 iWon.com services and iWon Application. You agree not to use the iWon Application or any other services provided by iWon.com to conduct any business or activity or solicit the performance of any activity, which is prohibited by law, or any contractual provision by which you are bound. 7. Access and Interference; Passwords 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 of our iWon Applications, services or content, except to remove our iWon Applications from a computer of which you are an owner or authorized user. You may not violate or attempt to violate the security of our services. 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 computer's functionality or operation, which may inadvertently be transferred to your computer through your use of the iWon Application. In order to access certain services which may from time to time be offered by iWon.com, you may be required to pay fees, accept additional terms and conditions and/or, establish an account including an unique identification code or name (an "ID") and password (a "Password"). You are the sole and exclusive owner of any Password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your Password(s) and ID(s) is solely your responsibility. You are fully responsible for the use and protection of each Password and ID issued to or chosen by you and for all transactions undertaken by means of any account opened, held, accessed or used via such Password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your Password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your Password and/or ID has been compromised, we have the right to suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any Password or ID. 8. Electronic Signatures and Agreements You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by iWon.com to download the software to accept the terms and conditions of this Agreement, 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 Agreement. 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 IWON APPLICATION OR SERVICES OFFERED BY IWON.COM. 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. 9. Disclaimer of Warranty YOU ACCESS AND USE OF THE IWON APPLICATIONS AND SERVICES AND ANY CONTENT AVAILABLE THROUGH THE IWON APPLICATIONS OR ANY WEBSITES LINKED TO THEREFROM AT YOUR SOLE RISK. WE PROVIDE THE IWON APPLICATIONS AND THE CONTENT ON AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SERVICES PROVIDED BY THIRD PARTIES ACCESSIBLE ON OR THROUGH OUR IWON APPLICATIONS OR OUR SERVICES. 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 REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF THE IWON APPLICATIONS OR IWON.COM'S SERVICES OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THEREBY, OR (B) THAT THE IWON APPLICATIONS OR IWON.COM'S SERVICES WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, (C) THAT ERRORS OR DEFECTS RELATED TO THE IWON APPLICATIONS OR THE SERVICES WILL BE CORRECTED OR (D) THAT WE CAN IDENTIFY AND IDENTITY THEFT. WE ALSO DO NOT WARRANT THAT THE IWON APPLICATIONS OR THE SERVICES OR THE INFORMATION AVAILABLE THROUGH THE SERVICES, IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties. 10. Termination You may terminate this Agreement at any time by uninstalling and destroying all copies of the iWon Applications in your possession or control. We may terminate this Agreement, disable iWon Applications or cease providing any service at any time in our sole discretion. 11. Limitation of Liability YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL IWON.COM, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES OR THEIR EMPLOYEES, DISTRIBUTORS, SUPPLIERS, MERCHANT PARTNERS, SOFTWARE PROVIDERS, ADVERTISERS, DIRECTORS OR AGENTS (EACH A "PROTECTED PARTY," COLLECTIVELY "PROTECTED PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR TO YOUR USE OR INABILITY TO USE ANY OR ALL OF THE IWON APPLICATIONS OR IWON.COM SERVICES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF IWON.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOLELY TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, FOR ANY REASON, HELD TO BE INAPPLICABLE OR UNENFORCEABLE IN WHOLE OR IN PART, THEN THE PROTECTED PARTIES' AGGREGATE LIABILITY, FOR ANY REASON AND FOR ANY CAUSE OF ACTION AND ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF DAMAGES ACTUALLY INCURRED OR THE AVERAGE REVENUE RECEIVED BY IWON.COM PER USER OF THE IWON APPLICATION PER MONTH AS CALCULATED BY IWON.COM BASED ON THE USE OF THE IWON APPLICATIONS (AND NOT OTHER PRODUCTS OR SERVICES OFFERED BY IWON.COM) MULTIPLIED BY THE NUMBER OF COMPLETE MONTHS YOU HAVE BEEN A IWON APPLICATION USER. THE PROTECTED PARTIES ASSUME NO LIABILITY HEREUNDER FOR, AND SHALL HAVE NO OBLIGATION TO DEFEND YOU OR TO PAY COSTS, DAMAGES OR ATTORNEYS' FEES FOR, ANY CLAIM BASED UPON: (I) ANY METHOD OR PROCESS IN WHICH THE IWON APPLICATION MAY BE USED BY YOU; (II) ANY RESULTS OF USING THE IWON APPLICATION; (III) ANY USE OF OTHER THAN A CURRENT UNALTERED RELEASE OF ONE OF THE IWON APPLICATIONS; OR (IV) THE COMBINATION, OPERATION OR USE OF ANY OF THE IWON APPLICATION(S) WITH THIRD PARTY PROGRAMS OR DATA. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 12. Export Controls The iWon Application and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Afghanistan, Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the iWon Application, 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. 13. Notice to Government End Users Any iWon Application, 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. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. § 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. 14. Applicable Law By accessing or using the iWon Application or our services, you agree that the substantive laws of the State of New York in the United States of America shall govern all matters relating to or arising from this Agreement, and the use (or inability to use) any or all of the services or the iWon Application, and that such laws shall apply without regard to principles of conflict of laws. Subject to the dispute resolution procedures set forth below, you hereby submit to the exclusive jurisdiction and venue of the appropriate State and Federal courts located in Westchester County, New York, with respect to all matters arising out of or relating to this Agreement. 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 iWon.com Service, any iWon Application or the iWon.com Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred. 15. Arbitration Any claim or controversy arising out of or related to this Agreement, or the products or services we provide or distribute shall be settled by individual binding arbitration in accordance with the rules of the American Arbitration Association then effective. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental or consequential damages, and you further waive all rights to have damages multiplied or increased. This shall not preclude iWon.com from seeking any injunctive relief for protection of our Intellectual Property Rights. The arbitration shall take place in Irvington, New York or such other location as the parties may mutually agree. The arbitrator(s) shall issue a reasoned award, and any judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The arbitrator(s) will each be a natural person who has never been employed (either as an employee or as an independent consultant) by either of the parties, or any parent, subsidiary or affiliate thereof, and will be generally familiar with the business of the parties. The arbitrator(s) may upon request exclude from use in the arbitration proceeding any evidence not made available to the other party pursuant to a proper discovery request. The cost of the arbitration will be borne equally by the parties. The parties, their representatives, other participants, the arbitrator(s) and the administrator(s) of the arbitration will hold in confidence the existence, content and outcome of the arbitration. The parties understand that: (i) arbitration is final and binding on the parties; (ii) the parties are waiving their right to seek remedies in court, including the right to a jury trial; (iii) pre-arbitration discovery is generally more limited than and different from court procedures; and (iv) any party's right to appeal or to seek modification of rulings by the arbitrators is strictly limited. 16. Successor Agreements The terms of this Agreement may change from time to time. You should check back at the website regularly to determine if any material changes have been made. We will prominently post material changes on the iWon.com website at least 14 days prior to the effective date of the change and will also attempt to provide you with an on-line notice informing you when such material changes have been made to this Agreement, which notice shall contain an active link that you can use to view a web page containing or linking to the revised Agreement. You agree that your continued use of any IWon Application or our services after the effective date of any change will constitute your affirmative consent to this revised Agreement. If you do not accept such revisions, you must affirmatively indicate to us by e-mail to iWonSoftwareProducts@feedback.iwon.com that you do not accept the successor Agreement and remove all of our IWon Applications from your computer and cease all access to and use of our services hereunder. Failure to remove our IWon Applications from your computer will be deemed an acceptance of the terms of the most current Agreement. 17. Order of Precedence This Agreement and any accepted successor Agreement governs your use of our iWon Applications and our services as described herein. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional iWon Applications or services, conflicts with any provision of other agreements between you and iWon.com or any of its related or affiliated entities, the terms of the then-current Agreement, shall, as to the specific subject matter of this Agreement, take precedence over the conflicting term(s) of that other agreement. 18. General This Agreement, as modified from time to time as described above, and including the iWon.com Privacy Policy, Terms of Service and any other policies incorporated by reference, sets forth the entire understanding and agreement between the parties. Without limiting any other remedy available to us, we may suspend or terminate this Agreement and your access to the iWon Applications or our services under this Agreement if we have reason to believe that you have failed to comply with your obligations under this Agreement. Upon termination, cancellation, suspension or expiration of this Agreement for any reason and by either party, you agree to cease all use of the iWon Applications and our services. Except as otherwise provided in this Agreement, you shall not thereby be entitled to any refund or credit. No delay or failure to enforce any provision of this Agreement will constitute a waiver of such provision by iWon.com or acts as estoppel against later enforcement. Subject to the terms of the Order of Precedence set forth above, this Agreement constitutes the entire agreement between you and iWon.com with respect to the specific subject matter addressed herein, and governs your use of the iWon Application and our services, superseding any prior agreements between you and iWon.com or its affiliates or related entities relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with iWon.com or its affiliates or related entities pursuant to a registration to access additional software or services provided by iWon.com. You may not assign any of your rights or delegate any of your obligations under this Agreement without the prior written consent of iWon.com. iWon.com shall not be deemed to be in breach of this Agreement due to any delay or failure of performance or interruption in the availability of the Services resulting directly or indirectly from any act of nature or other cause beyond the reasonable control of iWon.com. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. Sections 2-4, 7-15 and 18 of this Agreement will survive any expiration, cancellation or termination of this Agreement. The section headings used in this Agreement are for convenience only and have no legal or contractual effect. The iWon.com Software and the Services are not intended for use by or availability to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT DOWNLOAD, INSTALL OR USE ANY IWON.COM SOFTWARE AND YOU MAY NOT ACCESS IWON.COM SERVICES. VERSION: 2.0 EFFECTIVE DATE: June 24, 2003.