Agreement with ICQ

Richard Laager rlaager at wiktel.com
Thu May 19 09:27:22 EDT 2011


On Thu, 2011-05-19 at 18:28 +0600, Ivan Komarov wrote:
> According to them, I should "accept" the online version of the
> agreement (http://icq.com/legal/icq_developer_network_agreement.html)

That agreement has a number of provisions that trouble me (as a layman);
we should maybe consult our lawyers.

For example, "You must ensure that distribution or use of an Developer
Product requires end users to agree to an enforceable end user license
containing at least the following specific minimum terms..."

Or, "You shall incorporate into your Developer Products such
disclaimers, terms and attributions that we may request or require
including any branding elements."

Or, "You agree that once the Agreement is terminated, you will not use
the Tools or enable access or use of the ICQ Messaging Network in any
Developer Product."

And, 'The respective rights and obligations of ICQ and you under the
provisions of Sections III.B ("Restrictions"), III.E ("Proprietary
Rights"), III.H ("Disclaimer"), III.I ("Limitation of Liability"), III.J
("Indemnification"), III.K ("Termination"), III.L ("Survival"), and
III.P ("Miscellaneous") will survive expiration or termination of this
Agreement. ICQ will not be liable to you for damages of any sort
resulting from terminating this Agreement.'

Richard
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