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Live Conference PRO™
End User License Agreement
Live Conference PRO™
Copyright (c) 2001-2009 Live Conference Pro, LLC, All Rights Reserved
Do not install or use the software until you have read and
accepted all of the license terms. Permission to use the software is conditional
upon your agreeing to the license terms.
Installation or use of the software by you will be deemed to be
acceptance of the license terms. Acceptance will bind you to the license terms
in a legally enforceable contract with Live Conference Pro, LLC.
Live Conference PRO™ End User License Agreement ("EULA") begins here.
Live Conference PRO™ was developed to provide full-duplex Voice
Over Internet Protocol (VoIP) communications and tools that allow people to
interact and collaborate on documents and other projects with consumer and
business clients. This web conferencing communication service consists of
full-duplex voice, text chat, co-browsing, live video, desktop sharing, white
board and PowerPoint presenting.
Live Conference PRO™ is a proprietary web conference system designed and owned
exclusively by Live Conference Pro, LLC This system is protected by
international copyright, and is legally protected for resale to Live Conference
PRO™ customers.
This service agreement discloses all terms and conditions under which
Live Conference Pro, LLC (referred to hereafter as "Provider") will
provide the Live Conference PRO™ web conferencing system to you.
By installing and executing Live Conference PRO™ you enter into a legally
binding Service Agreement and have agreed to comply with the Terms and
Conditions regarding your usage of the Live Conference PRO™ web conferencing
system. If you are not in agreement with the terms and conditions set forth in
this Service Agreement, you are not authorized to use the Live Conference PRO™
web conferencing system.
Provider grants to you a non-exclusive, non-transferable license to use Live
Conference PRO™ solely for your personal use. Live Conference PRO™ is considered
"in use" when loaded into RAM or installed on the hard disk. You are not
permitted to modify, translate, reverse engineer, decompile or disassemble any
components of the Live Conference PRO™ system. Provider reserves all rights not
expressly granted herein.
ELIGIBILITY EXPORT RESTRICTIONS
• I am not a citizen, national or resident of, and am not under the control of,
the government of: Cuba, Iran, Sudan, Iraq, Libya, North Korea, Syria, nor any
other country to which the United States has prohibited export.
• I will not download or otherwise export or re-export the
Programs, directly or indirectly, to the above mentioned countries nor to
citizens, nationals or residents of those countries.
• I am not listed on the United States Department of Treasury
lists of Specially Designated Nationals, Specially Designated Terrorists, and
Specially Designated Narcotic Traffickers, nor am I listed on the United States
Department of Commerce Table of Denial Orders.
• I will not download or otherwise export or re-export the
Programs, directly or indirectly, to persons on the above mentioned lists.
• I will not use the Programs for, and will not allow the
Programs to be used for, any purposes prohibited by United States law,
including, without limitation, for the development, design, manufacture or
production of nuclear, chemical or biological weapons of mass destruction.
Your Responsibilities:
In order to ensure the system-wide integrity of Live Conference PRO™
subscriber services, we have deemed several activities as
unacceptable uses. It is understood that all parties utilizing Live
Conference PRO™ are prohibited from participating in conduct which is unlawful
or which inhibits another user from using Live Conference PRO™; or which
Provider, in its sole discretion, determines to be unacceptable. See
sub-paragraphs of this section below.
Provider reserves the right to immediately terminate your account without notice
at its sole discretion, if you or others who use your account violate any of
these unacceptable uses of the Live Conference PRO™ system. Your account will be
terminated and your IP flagged to prevent further system access.
Failure by Provider to address unacceptable or otherwise prohibited behavior on
any occasion shall not constitute a waiver of said behavior in the future.
All information, transmitted or shared is the sole responsibility of the account
owner (this is you) and Provider is not responsible for any such content.
Provider expresses no views as to the content and subject matter presented by
anyone using the Live Conference PRO™ system.
No illegal or fraudulent use:
You will not use, or allow others to use, your Live Conference PRO™ system
to violate any applicable federal, state, local or international laws. You will
not use or allow others to use your Live Conference PRO™ to commit a crime or to
plan, encourage, or help others to commit a crime. This is including but not
limited to engaging in illegal pyramid schemes.
No copyright or trademark infringement:
You will not use your Live Conference PRO™ account to send or receive any
information which infringes on patents, trademarks, copyrights, trade secrets or
proprietary rights of any other person or entity.
Hacking:
You will not use, or allow others to use, your Live Conference PRO™ to
access the accounts of others or to attempt to penetrate security measures of
the Live Conference PRO™ system or other computer systems "hacking". You will
not use tools designed to compromise network security such as packet sniffers or
network probing tools.
Disruption of Service:
You will not use, or allow others to use, your Live Conference PRO™ account to
disrupt the Live Conference PRO™ network or computer equipment owned by other
subscribers. You will not use, or allow others to use, your Live Conference PRO™
to disrupt other Internet Service Provider services, including but not limited
to email bombing or the use of mass mailing programs.
Impersonation or Forgery:
You will not impersonate another user, falsify your username, age or identity
using the Live Conference PRO™ system. You will not forge any message of any
electronic transmission, originating or passing through your Live Conference
PRO™ account.
Provider reserves the right to delete any profane, offensive or unacceptable
nicknames and/or to require you to change your user name. You are entirely
liable for all participant behavior and activities conducted while using your
Live Conference PRO™ account.
In consideration for use of the Live Conference PRO™ system, you agree to:
Provide true, accurate and complete information about yourself as prompted by
the registration forms, to maintain and promptly update the Registration Data to
keep it true, accurate and complete and notify Live Conference PRO™ of any
unauthorized use of your account, password or other breach of security.
Excessive Bandwidth Usage:
Your Live Conference PRO™ account is available on an unlimited-use basis. By
definition, this means you may use your conference room as often as you wish
during each monthly term. However, continuous 24-hour use is not included in
this definition and may constitute excessive bandwidth consumption. If Provider
determines that your account is using an excessive amount of bandwidth, Provider
may require you to upgrade your service level.
Continuous Audio Broadcasting:
Continuous and uninterrupted audio broadcasting is prohibited in the terms of
usage for your Live Conference PRO™ account. Live Conference PRO™ was developed
for interactive full-duplex and two-way person-to-person communications NOT
continuous audio broadcasting. Provider reserves the right to monitor user
activity and immediately terminate any account without refund if found it is
being used for purposes not consistent with two-way person-to-person
communications. Provider reserves the right in the case of any violation
resulting in system damages to hardware, software, or customer downtime to seek
legal remedy and recovery of customer, and company interests.
Viruses:
You will not use, or allow others to use, your account to intentionally transmit
computer "viruses" or other harmful software programs and that you will use your
best efforts to prevent the unintentional transmission of such viruses or other
harmful software.
Zero Tolerance Spam Policy
Professional Global Marketing has a ZERO TOLERANCE SPAM POLICY, which means that
Spam activity of any kind will result in immediate termination of your
subscription including all rights therein.
Spam consists of advertising services or goods by email to anyone without
specific prior request or in the absence of a previously established
relationship. Messages sent to unknown parties for the purpose of creating a
request shall also be deemed to be Spam, even if specific services or goods are
not mentioned. Also considered Spam are any messages posted to message boards or
Usenet groups that are not related to their subjects of discussion. In the event
of a dispute regarding Spam, the burden of proof is on you, the account owner
and not the recipient.
Spam will not be tolerated in any context, this includes an invitation to your
Live Conference PRO™ web conference room.
In addition, you will be liable for any financial loss caused to Professional
Global Marketing, Inc. as a result of Spam, including service interruptions
which will be charged at a rate of $350.00 per person per hour minimum.
In fairness to Professional Global Marketing and its customers or Live
Conference PRO™, Spam will not be tolerated. Many states have enacted laws
outlawing Spam and similar conduct. Also, many Internet service providers will
terminate sites that have a high number of Spam complaints. Tough Spam policies
are in everyone's best interests. Familiarize yourself with all relevant Spam
related state and federal laws.
As the client (room owner), I understand that this Zero Tolerance Spam Policy is
submitted to the company via electronic medium and by selecting the Agree
option, I agree to all conditions of this Spam Policy.
System Maintenance & Stability:
Periodically, the Live Conference PRO™ server(s) will undergo routine
maintenance or be subjected to unexpected technical problems and issues.
Provider ensures best efforts will be utilized to perform maintenance as quickly
and efficiently as possible, and to respond to technical problems promptly to
reduce user downtime. Provider will not in any circumstance be responsible for
problems, losses, or damages arising from loss of connectivity; errors in
content due to application problems; loss of access by customers; or temporary
or permanent loss of data.
Disclaimer of Warranties and Limitation of Liability:
You agree to use the Live Conference PRO™ system at your sole risk. Live
Conference PRO™ is provided on an "as-is basis", without warranties of any kind,
including without limitation any warranties of non-infringement, fitness for a
particular purpose and merchantability. Provider does not warrant uninterrupted
use of the Live Conference PRO™ system. Provider does not warrant that the Live
Conference PRO™ system will be error-free, free of viruses or other harmful
components. Provider does not warrant that any data or files you send or receive
via the Live Conference PRO™ will be free from unauthorized access by others or
that other users will be unable to gain access to your computer.
Limitation Of Liability & Exclusive Remedy:
Provider's liability and your exclusive remedy with respect to the use of the
Live Conference PRO™ system or any breach by Provider of any obligation Provider
may have under this Service Agreement shall be your ability to terminate your
Live Conference PRO™ account.
Force Majeure:
You agree that Live Conference PRO™ will not be liable for any inconvenience,
loss, liability or damage resulting from any failure or interruption of service,
directly or indirectly caused by circumstances beyond its control, including but
not limited to denial of use of other facilities of another company, labor
disputes, acts of war, natural causes, mechanical or power failures, or any
order, law or ordinance in any way restricting the operation of the Live
Conference PRO™ system.
Indemnification:
You agree to indemnify and hold Provider harmless from any claims brought
against Provider related to your use of the Live Conference PRO™ system. You
agree to pay any attorneys' fees incurred by Provider in bringing any action
related to the Live Conference PRO™ system or a breach of the terms of this
Service Agreement.
Scope Of Service Agreement:
This Service Agreement and the items referenced in this Service Agreement
constitute the entire Service Agreement with respect to the Live Conference PRO™
web conferencing system and your account. This Service Agreement supercedes and
nullifies all prior understandings, promises and undertakings, if any, made
orally or in writing by or on behalf of the parties with respect to the subject
matter of this Service Agreement. This Service Agreement is not intended to give
and does not give any rights or remedies to any person other than you and
Provider.
Governing Law:
This Service Agreement and all matters arising out of or related to this Service
Agreement will be governed by the laws of the State of Nevada, USA, without
regard to conflicts of law provisions. You agree that the state and federal
courts of Nevada and the United States of America alone have jurisdiction over
all disputes arising under this Service Agreement and you consent to personal
jurisdiction of those courts.
Provider may change, amend, alter, or modify this Service Agreement at any time.
Provider may notify you of any change either by posting that change at
www.LiveConferencePRO.com, or by sending you this information to your email
address. If you continue to use Live Conference PRO™ web conferencing services
after notice has been made of a change, you agree to accept those changes.
Assignment:
You may not assign this Service Agreement or your rights or obligations under
this Service Agreement.
Export Controls:
The Live Conference PRO™ client interfaces may not be re-exported, downloaded or
otherwise exported into (or to a national or resident of) any country to which
the United States has embargoed goods, or to anyone on the United States
Treasury Department's list of Specially Designated Nationals or the United
States Commerce Department's Table of Denial Orders. By installing the Program,
you are agreeing to the foregoing and you are representing and warranting that
you are not located in, under the control of, or a national or resident of any
such country or on any such list.
Legal and Ethical Enforcement:
Provider will fully cooperate with law enforcement in investigating or
requesting information with respect to suspected criminal or other activity and,
notwithstanding any provision herein to the contrary, may release your name and
other information to the appropriate authorities for that purpose, with or
without a subpoena. In addition, Provider has the right, but not the obligation,
to initiate its own review of the conduct of any user, either independently or
as a result of a complaint by a third party user. Any investigation undertaken
by Provider would include all steps that Provider deems appropriate in its sole
discretion and the results of any such investigation could be disclosed to one
or more appropriate parties.
Waiver:
Except as otherwise provided herein, the failure of any party to enforce any
provision of this Service Agreement will not constitute or be construed as a
waiver of such provision or of the right to enforce such provision.
Subscriber Payment Obligations:
The payment processor for Provider will bill your credit card monthly for
your Live Conference PRO™ subscriber account until otherwise cancelled. Provider
may change the amount of the monthly subscription upon thirty (30) days written
notice that may be delivered to your registered email address for your account.
Canceling a Subscription:
You may cancel your subscriber account at any time. To cancel your monthly
subscription, please submit your request from the contact page
https://liveconferencepro.com/contact.html
Your monthly room subscription payment must be canceled at least one day prior
to the scheduled date of the next payment.
Canceling a subscription on the day of a scheduled payment will not guarantee
that the payment will not be sent.
Termination Of Service:
If your monthly subscription is not paid within 5 days after the due date, your
account will be suspended.
Your IP address is logged for security and account verification
and you will automatically receive follow-up emails from Provider until you
opt-out of the system.

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