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Agreement, and that you will not use the Software or the Service to violate
any law, regulation or ordinance or any right of AOL or any third party,
including, without limitation, any right of privacy, publicity, copyright or
trademark.
4. Charges. Please consult your rate plan and agreement with your
service provider to determine if the Service is included in your rate plan,
or if other charges may apply.
5. Termination. Should you breach this Agreement, your right to use the
Software and the Service shall terminate immediately and without notice.
You may also terminate this Agreement by simply discontinuing use of the
Software and the Service. In the event of any termination of this
Agreement, the restrictions on your use of the Software and Service as
set forth in Paragraph 2 ("Restrictions on Use") shall survive such
termination, and you agree to be bound by those terms.
6. No Support by AOL. You understand that you use the Software and
the Service at your own risk and provides no assistance or support for
your use of the Software or the Service.
7. Disclaimer of Warranty. THE SOFTWARE AND THE SERVICE ARE
PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
WARRANTIES THAT THE SOFTWARE AND THE SERVICE ARE (A)
FREE OF DEFECTS OR ERRORS, (B) VIRUS FREE, (C) ABLE TO
MEET ANY REQUIREMENTS OF YOU OR ANYONE ELSE, (D) ABLE
TO OPERATE ON AN UNINTERRUPTED BASIS, (E) MERCHANTABLE,
(F) FIT FOR A PARTICULAR PURPOSE OR (G) NON-INFRINGING,
UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF
EXCLUSION. AOL SHALL HAVE NO LIABILITY WITH RESPECT TO
USE OF THE SOFTWARE OR THE SERVICE.
8. Limitation of Liability. NEITHER AOL, ITS EMPLOYEES,
DISTRIBUTORS, SUPPLIERS, DIRECTORS, NOR AGENTS SHALL BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO LOST PROFITS AND LOST DATA, IN ANY WAY ARISING
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