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SIGHTSPEED SOFTWARE LICENSE AND USER AGREEMENT AND PRIVACY POLICY

SOFTWARE LICENSE AND USER AGREEMENT



Welcome to SightSpeed, Inc. ("SightSpeed") Internet video conferencing.

In this SightSpeed Software License and User Agreement ("SUA"), we call our video conferencing service the "SightSpeed Conferencing System."

To use the SightSpeed Conferencing System you must accept the terms of this SUA (by clicking "I have read and agree to the usage terms and privacy policy.") and download the SightSpeed video conferencing software to your computer.

To use the SightSpeed Conferencing System, you must also:
  • Register as a user of the SightSpeed Conferencing System; and
  • Enter into this SUA.
IMPORTANTLY, minors can only use the SightSpeed Conferencing System by having their parent or legal guardian sign up to use the SightSpeed Conferencing System and enter into this SUA. SightSpeed may require that the registrant provide sufficient information to indicate that the registrant is an adult.

By clicking the "I agree to the usage terms and privacy policy SUBMIT" button, you are stating that you are at least 18 years of age, and that you agree to be bound by all of the terms and conditions of this SUA.

This SUA is legally binding. Please read the terms of the SUA carefully.

The following are the terms and conditions for use of the SightSpeed Conferencing System and related software. Please read them carefully. The term "User" in this SUA refers to any person or entity that uses the SightSpeed Conferencing System.

If you commit any material breach this SUA, all subsequent use of the SightSpeed Conferencing System by you is unauthorized and illegal. SightSpeed reserves the right to take legal action arising from any unauthorized or illegal use of the SightSpeed Conferencing System, and to prohibit your from making any further use of the SightSpeed Conferencing System. Unauthorized or illegal use of the SightSpeed Conferencing System may also subject you to civil and/or criminal liability.

SightSpeed may elect at its sole discretion to monitor some, all, or none of the areas of the SightSpeed Conferencing System for adherence to this SUA or for any other reason.

  1. ACCOUNT INFORMATION

    1.1 Registration. You agree to provide SightSpeed with ongoing, accurate, complete, and updated registration information.

    1.2 User Account. When you register online to use the SightSpeed Conferencing System, you will receive a password and a user account ("User Account"). You can have multiple User Accounts. You are entirely responsible for any and all activities conducted through your User Account. If you permit someone else to use your User Account, you must ensure that they comply with this SUA, and you agree to be liable for all liabilities arising from such use. You agree to notify SightSpeed immediately of any unauthorized use of your password or any of your User Accounts, or of any other breach of security.

    1.3 Passwords. Upon your registration as a User of the SightSpeed Conferencing System, you will select a password. You are responsible for maintaining the confidentiality of your password, and you agree to be liable for all liabilities resulting from any disclosure of your password. Therefore, for security purposes, SightSpeed recommends that you change your password often. At no time should you respond to an online request for a password, except when prompted by the SightSpeed client software or for special SightSpeed promotional programs. SightSpeed employees will never ask for your password online.

    1.4 SightSpeed IDs. Upon your registration as a User of the SightSpeed Conferencing System, you must choose one or more SightSpeed IDs to identify yourself to other Users and SightSpeed staff. You may not select or use an SightSpeed ID of another person (unless it is also your name), or a name which violates any third party's trademark right, copyright, or other proprietary right, which is or may be illegal, which may cause confusion, or which SightSpeed deems in its sole discretion to be vulgar or otherwise offensive. SightSpeed reserves the right to delete any vulgar or otherwise offensive SightSpeed ID, or to require deletion thereof.

    1.5 Former Users. Users whose accounts have been terminated by SightSpeed may not access the SightSpeed Conferencing System in any manner or for any reason without the express written permission of SightSpeed. Active Users may not knowingly allow former Users who have been terminated to use the active Users' accounts.

  2. SOFTWARE LICENSE AND CHARGES FOR USE OF THE SIGHTSPEED CONFERENCING SYSTEM

    2.1 Software Covered by this SUA. This SUA covers the SightSpeed software (the "Software") that you are downloading to your computer to enable you to use the SightSpeed Conferencing System.

    2.2 Control and Use of Your Computer. You represent and warrant to SightSpeed that you own the computer to which you are downloading the Software, or that you have the legal right to control the use of that computer. You agree to ensure that any other person whom you permit to use the Software will do so in accordance with this SUA. You must delete the Software from the computer if you sell the computer, or if you cease to have the legal right to control use of the computer.

    2.3 License. Subject to the terms and conditions set out in this SUA, SightSpeed grants you a non-exclusive, non-transferable license to install the Software on your computer, and to use the Software for the purpose of engaging in video-conferencing sessions implemented through the SightSpeed Conferencing System operated by SightSpeed.

    2.4 Software Restrictions. You may not use the Software for any purpose other than engaging in video-conferencing sessions implemented through the SightSpeed Conferencing System. You may not make any alterations or modifications to the Software. You may not sublicense, rent, or lease the Software, or transfer or assign the license granted pursuant to this SUA or any interest therein. You may not reverse engineer, reverse compile, reduce to human perceivable form, or disassemble the Software. You may not make any copies of the Software, except for copies made strictly for backup purposes. You may not transmit the Software over a network. You may not use the Software to gain unauthorized access to the SightSpeed Conferencing System.

    2.5 Intellectual Property Rights in Software. You acknowledge and agree that, except as set out below, any and all copyright, moral rights, patent rights, and other intellectual property rights in the Software are owned by SightSpeed. You may not remove any copyright or other proprietary or product identification notices contained in or displayed by the Software, or contained in any written material which may relate to the Software. You also acknowledge and agree that the Software has been developed in part by, and may include software licensed by, third party licensors. If you violate any provisions of this SUA, you may incur legal liability to those third party licensors, in addition to SightSpeed.

    2.6 Charges. Users of the SightSpeed Conferencing System are charged for services in accordance with the service plan level to which they subscribe.

  3. USER PRIVACY

    It is SightSpeed's policy to respect the privacy of its Users. Please refer to SightSpeed's Privacy Policy http://www.sightspeed.com/dellvideochat/legalprivacy for more information. You agree that SightSpeed may access and disclose any information about you or your User Account as stated in the Privacy Policy. SightSpeed may amend its Privacy Policy from time to time and your continued use of the SightSpeed Conferencing System constitutes your agreement to this Privacy Policy and any future revisions. However, SightSpeed will make reasonable efforts to notify you and obtain your consent before implementing revisions that may be materially less restrictive on our use or disclosure of personal information you have provided to us. If you intend to use the SightSpeed Conferencing System in the European Union or other regions with laws governing data collection and use that mat differ from United States law, please note that the personal information you provide will be transferred to the United States for use by SightSpeed and its affiliates for any of the purposes described in this Privacy Policy. BY USING THE SIGHTSPEED CONFERENCING SYSTEM AND PROVIDING US WITH YOUR PERSONAL INFORMATION, YOU CONSENT TO THE TRANSFER AND USE OF YOUR PERSONAL INFORMATION.

  4. RESTRICTION ON MATERIAL TRANSMITTED

    The term "Content" includes all communications, text, audio, video, graphics, sounds, and other material. You may not use the SightSpeed Conferencing System or Software to transmit any Content which:
    • harasses, threatens, embarrasses or causes distress, unwanted attention or discomfort upon any other person,
    • includes sexually explicit images or other content which is offensive or harmful to minors,
    • includes any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful material, including but not limited to material based on a person's race, national origin, ethnicity, religion, gender, sexual orientation, disablement or other such affiliation,
    • impersonates any person or the appearance or voice of any person,
    • utilizes a false name or identity or a name or identity that you are not entitled or authorized to use,
    • contains any unsolicited advertising, promotional materials, or other forms of solicitation,
    • contains any virus, worm, Trojan horse, time bomb, cancelbot, or other destructive program,
    • contravenes any application law or government regulation,
    • violates any operating rule, regulation, procedure, policy or guideline of the SightSpeed Conferencing System as published from time to time on the SightSpeed website,
    • may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, trade secret, patent, publicity right, or privacy right,
    • distributes software or other Content in violation of any license agreement or
    • defaces the SightSpeed Conferencing System.

    In addition, if SightSpeed becomes aware that you are using the SightSpeed Conferencing System to transmit any other Content which SightSpeed considers inappropriate, SightSpeed may notify you to advise that transmission of such Content through the SightSpeed Conferencing System is prohibited. The prohibitions set out in the section will apply to such Content immediately upon such notification. SightSpeed shall also have the right to block your use of the SightSpeed Conferencing System. Such action may be immediate and without notice.

    You acknowledge that SightSpeed does not monitor or edit the Content which you transmit to others using the SightSpeed Conferencing System, and accepts no responsibility what-so-ever for that Content.

    If you witness any transmission of prohibited Content by others, SightSpeed encourages you to contact SightSpeed customer service at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

  5. OTHER RESTRICTIONS ON USE

    You may not use the SightSpeed Conferencing System to:

    (i) Harvest or otherwise collect information about others, including email addresses, without their consent, or

    (ii) Attempt to gain unauthorized access to the SightSpeed Conferencing System, other User Accounts, computer systems or networks connected to the SightSpeed Conferencing System, through password mining or any other means.

    SightSpeed reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the SightSpeed Conferencing System, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider (ISP).

  6. INDEMNIFICATION

    You will indemnify and hold SightSpeed, its officers, directors, employees, shareholders, agents, licensors and subcontractors, harmless from and against any and all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with any claims, action or proceeding brought against SightSpeed or its officers, directors, employees, shareholders, agents, licensors and subcontractors that may arise from your breach of this SUA, or from any use which you make of the Software and the SightSpeed Conferencing System. SightSpeed shall have the right to control the defense, settlement, adjustment or compromise of any such claim, action or proceeding using counsel selected by SightSpeed. SightSpeed will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. Without limiting the generality of the preceding paragraph, you agree that the indemnity provided in this section shall include and apply to any liabilities, losses, damages, costs and expenses arising from Content you transmit to others using the SightSpeed Conferencing System.

  7. DISCLAIMER OF WARRANTY

    To the maximum extent allowed by law, SightSpeed, its officers, directors, employees, shareholders, agents, licensors and subcontractors disclaim any and all warrants, representations, covenants, and conditions as set out below. No advice or information, whether oral or written, obtained by you from SightSpeed or through the SightSpeed Conferencing System shall create any warranty not expressly stated herein.

    7.1 SightSpeed Conferencing System used "As is" and "As available" and "With All Faults". YOU EXPRESSLY AGREE THAT USE OF THE SIGHTSPEED CONFERENCING SYSTEM AND ALL SOFTWARE DISTRIBUTED BY SIGHTSPEED IN CONNECTION THEREWITH ARE AT YOUR SOLE RISK. THE SIGHTSPEED CONFERENCING SYSTEM AND ALL SOFTWARE DISTRIBUTED BY SIGHTSPEED ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

    7.2 SightSpeed not responsible for products or services. YOU ACKNOWLEDGE THAT SIGHTSPEED DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SIGHTSPEED CONFERENCING SYSTEM. SIGHTSPEED DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE SIGHTSPEED CONFERENCING SYSTEM BY ANY THIRD PARTY. SIGHTSPEED WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. SIGHTSPEED WILL NOT BEAR ANY RESPONSIBILITY FOR THE PRODUCTS, SERVICES, OR ACTIONS OF ANY THIRD PARTIES.

    7.3 No warranties of quality. WITHOUT LIMITING ANY OTHER PROVISION OF THIS SECTION 7 AND IN ADDITION TO ALL OTHER PROVISIONS OF THIS SECTION 7, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SIGHTSPEED EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE SIGHTSPEED CONFERENCING SYSTEM AND ALL SOFTWARE DISTRIBUTED BY SIGHTSPEED IN CONNECTION THEREWITH. SIGHTSPEED MAKES NO WARRANTY THAT THE SIGHTSPEED CONFERENCING SYSTEM OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE SIGHTSPEED CONFERENCING SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. SIGHTSPEED DOES NOT MAKE ANY WARRANTY OR REPRESENTATION AS TO THE USE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SIGHTSPEED CONFERENCING SYSTEM. YOU ACKNOWLEDGE THAT THE SIGHTSPEED CONFERENCING SYSTEM AND SOFTWARE MAY BE SUBJECT TO OPERATING ERRORS OR DEFECTS INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS. NO SUCH EVENT SHALL CONSTITUTE A BREACH OF THIS OR ANY OTHER CONTRACT ON THE PART OF SIGHTSPEED, EVEN IF CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF SIGHTSPEED OR ANY OF ITS EMPLOYEES, AGENTS, LICENSORS OR SUBCONTRACTORS.

    7.4 No warranty relating to Content received through the SightSpeed Conferencing System. YOU ACKNOWLEDGE THAT SIGHTSPEED DOES NOT MONITOR OR EDIT THE CONTENT WHICH YOU RECEIVE FROM OTHERS THROUGH THE SIGHTSPEED CONFERENCING SYSTEM, AND ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THAT CONTENT REGARDLESS IF SUCH CONTENT IS TRANSMITTED TO YOU IN BREACH OF THE TERMS OF THIS SUA. SIGHTSPEED MAKES NO WARRANTY WITH RESPECT TO THE CONTENT YOU MAY RECEIVE THROUGH THE SIGHTSPEED CONFERENCING SYSTEM. IN PARTICULAR, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SIGHTSPEED MAKES NO WARRANTY THAT SUCH CONTENT WILL BE FREE OF ANY OF THE OTHER TYPES OF CONTENT LISTED UNDER SECTION 4 ABOVE OR ANY VIRUS, WORM, TROJAN HORSE, TIME BOMB, CANCELBOT, OR OTHER DESTRUCTIVE PROGRAM YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 7, THE TERMS SIGHTSPEED INCLUDES SIGHTSPEED'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

  8. EXCLUSION OF DAMAGES

    IN NO EVENT WILL SIGHTSPEED, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY:
    • SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES;
    • LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION;
    • LOSS OF PRIVACY, LOSS OF REPUTATION, OR EMOTIONAL DISTRESS; OR
    • ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER;

    IN EACH CASE, IN CONNECTION WITH THE SIGHTSPEED CONFERENCING SYSTEM, THE SOFTWARE OR WITH ANY OTHER PRODUCT OR SERVICE PROVIDED BY SIGHTSPEED, OR RESULTING FROM THE USE OR THE INABILITY TO USE THE SIGHTSPEED CONFERENCING SYSTEM, OR FROM ANY CONTENT TRANSMITTED THOUGH THE SIGHTSPEED CONFERENCING SYSTEM OR FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTION ENTERED INTO THROUGH OR FROM THE SIGHTSPEED CONFERENCING SYSTEM, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, OR ACCOUNT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF SIGHTSPEED, AND EVEN IF SIGHTSPEED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SIGHTSPEED'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE SIGHTSPEED CONFERENCING SYSTEM AND ALL SOFTWARE DISTRIBUTED BY SIGHTSPEED SHALL BE THE REPLACEMENT OF ANY SOFTWARE DEVELOPED BY OR FOR SIGHTSPEED WHICH IS FOUND TO BE DEFECTIVE, USING MEDIA CHOSEN BY SIGHTSPEED. SIGHTSPEED'S SHALL HAVE NO MONETARY LIABILITY FOR ANY REASON IN CONNECTION WITH YOUR USE OF THE SIGHTSPEED CONFERENCING SYSTEM AND THE SOFTWARE. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 8, THE TERMS SIGHTSPEED INCLUDES SIGHTSPEED'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

  9. PROPRIETARY RIGHTS TO CONTENT

    You acknowledge that: (a) the SightSpeed Conferencing System may permit access to Content that is protected by copyrights, trademarks, service marks, patents, rights of publicity, or other proprietary rights owned by SightSpeed or third parties (collectively, "Rights"), (b) these Rights are valid and protected in all media existing now or later developed, and (c) except as is explicitly provided otherwise, your use of Content shall be governed by generally applicable copyright and other intellectual property laws. Applicable laws may prohibit you from making a copy of audio or video content through the SightSpeed Conferencing System without the permission of all parties to the conversation or participants in the video. Other than as specified above, you may not modify, copy, reproduce, republish, upload, post, transmit, sell, publish, broadcast, create derivative works from, perform, or distribute in any way Content available through the SightSpeed Conferencing System, including code and software, without express prior written consent.

  10. TERMINATION

    Either you or SightSpeed may terminate your User Account and this SUA at any time with or without cause. Your only remedy with respect to any dissatisfaction with (i) the SightSpeed Conferencing System, (ii) any SUA term, (iii) any policy or practice of SightSpeed in operating the SightSpeed Conferencing System, or (iv) Content transmitted through the SightSpeed Conferencing System, is to terminate your User Account. Your notice of termination will be effective upon receipt by SightSpeed, or upon receipt of confirmation if confirmation is requested. Upon termination of this SUA for any reason, you must destroy all tangible embodiments or copies of the Software in your possession.

  11. ENTIRE AGREEMENT; MODIFICATION OF SUA

    SightSpeed reserves the right, at its discretion, to revise this SUA at any time, and such revisions will be effective immediately upon the posting of the revised SUA on SightSpeed's website. You agree to review the SUA periodically to become aware of such revisions. If any such revision is unacceptable to you're your only remedy is to terminate your User Account as provided in Section 10. Your continued use of the SightSpeed Conferencing System and/or the Software following posting of the revised SUA on SightSpeed's website shall be conclusively deemed to be acceptance of all such revisions.

  12. GENERAL PROVISIONS

    12.1 If any provision of this SUA is held to be unenforceable or contrary to law for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability (i) of such provision under other circumstances, or (ii) of the remaining provisions hereof under all circumstances.

    12.2 The section headings contained in this SUA are for the purposes of convenience only and are not intended to define or limit the contents of said sections, and have no legal or contractual significance.

    12.3 SightSpeed and you are independent contractors under this SUA.

    12.4 SightSpeed' failure to enforce at any time any of the provisions of this SUA shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by SightSpeed of any provision, condition or requirement of this SUA shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this SUA, no default, delay or failure to perform on the part of SightSpeed shall be considered a breach of this SUA if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of SightSpeed.

    12.5 You acknowledge that you have read this SUA, understand it, and agree to be bound by its terms and conditions. This SUA, the SightSpeed's Privacy Policy and the Software License Agreement represent the complete and exclusive statement of the agreements concerning the SightSpeed Conferencing System between you and SightSpeed and supersede all prior agreements between the parties regarding the SightSpeed Conferencing System.

    12.6 You shall not export the Software in violation of any export control or other applicable law.

  13. GOVERNING LAW

    In enforcing, interpreting and for all other purposes, this SUA will be governed by the substantive laws of the State of California and in the event of a dispute arising hereunder, you agree to be bound by the exclusive jurisdiction of the federal and state courts located in the State of California, City of San Francisco.

  14. ADDITIONAL NOTIFICATIONS RELATED TO COMPONENTS OF SIGHTSPEED

    14.1 Speex Library - www.speex.org - Speex is ©2002-2003, Jean-Marc Valin/Xiph.Org Foundation.

    14.2 The reSIProcate Library – www.resiprocate.org - Copyright (c) 2000 Vovida Networks, Inc. All rights reserved. 14.3 This product contains Polycom® Siren14™

  15. ADDITIONAL LICENSES RELATING TO SIGHTSPEED

    15.1 The reSIProcate Library is covered by the following provision:
    /* ====================================================================
    * The Vovida Software License, Version 1.0
    *
    * Copyright (c) 2000 Vovida Networks, Inc. All rights reserved.
    *
    * Redistribution and use in source and binary forms, with or without
    * modification, are permitted provided that the following conditions
    * are met:
    *
    * 1. Redistributions of source code must retain the above copyright
    * notice, this list of conditions and the following disclaimer.
    *
    * 2. Redistributions in binary form must reproduce the above copyright
    * notice, this list of conditions and the following disclaimer in
    * the documentation and/or other materials provided with the
    * distribution.
    *
    * 3. The names "VOCAL", "Vovida Open Communication Application Library",
    * and "Vovida Open Communication Application Library (VOCAL)" must
    * not be used to endorse or promote products derived from this
    * software without prior written permission. For written
    * permission, please contact This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
    *
    * 4. Products derived from this software may not be called "VOCAL", nor
    * may "VOCAL" appear in their name, without prior written
    * permission of Vovida Networks, Inc.
    *
    * THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED
    * WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
    * OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
    * NON-INFRINGEMENT ARE DISCLAIMED. IN NO EVENT SHALL VOVIDA
    * NETWORKS, INC. OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT DAMAGES
    * IN EXCESS OF $1,000, NOR FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
    * EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
    * PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
    * PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY
    * OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
    * (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
    * USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
    * DAMAGE.
    *
    * ====================================================================
    *
    * This software consists of voluntary contributions made by Vovida
    * Networks, Inc. and many individuals on behalf of Vovida Networks,
    * Inc. For more information on Vovida Networks, Inc., please see
    * . 15.2 SOFTWARE COMPONENTS COVERED BY THE GNU LESSER GENERAL PUBLIC LICESE (LGPL) 15.2.1 FFMPEG Library - www.ffmpeg.org - FFmpeg is a trademark of Fabrice Bellard 15.2.2 LibSDL - www.libsdl.org

  16. GNU LESSER GENERAL PUBLIC LICENSE

    Version 2.1, February 1999

    Copyright (C) 1991, 1999 Free Software Foundation, Inc.
    59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
    Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.


    [This is the first released version of the Lesser GPL. It also counts as the successor of the GNU Library Public License, version 2, hence the version number 2.1.]

  17. Preamble

    The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public Licenses are intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users.

    This license, the Lesser General Public License, applies to some specially designated software packages--typically libraries--of the Free Software Foundation and other authors who decide to use it. You can use it too, but we suggest you first think carefully about whether this license or the ordinary General Public License is the better strategy to use in any particular case, based on the explanations below.

    When we speak of free software, we are referring to freedom of use, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish); that you receive source code or can get it if you want it; that you can change the software and use pieces of it in new free programs; and that you are informed that you can do these things.

    To protect your rights, we need to make restrictions that forbid distributors to deny you these rights or to ask you to surrender these rights. These restrictions translate to certain responsibilities for you if you distribute copies of the library or if you modify it.

    For example, if you distribute copies of the library, whether gratis or for a fee, you must give the recipients all the rights that we gave you. You must make sure that they, too, receive or can get the source code. If you link other code with the library, you must provide complete object files to the recipients, so that they can relink them with the library after making changes to the library and recompiling it. And you must show them these terms so they know their rights.

    We protect your rights with a two-step method: (1) we copyright the library, and (2) we offer you this license, which gives you legal permission to copy, distribute and/or modify the library.

    To protect each distributor, we want to make it very clear that there is no warranty for the free library. Also, if the library is modified by someone else and passed on, the recipients should know that what they have is not the original version, so that the original author's reputation will not be affected by problems that might be introduced by others.

    Finally, software patents pose a constant threat to the existence of any free program. We wish to make sure that a company cannot effectively restrict the users of a free program by obtaining a restrictive license from a patent holder. Therefore, we insist that any patent license obtained for a version of the library must be consistent with the full freedom of use specified in this license.

    Most GNU software, including some libraries, is covered by the ordinary GNU General Public License. This license, the GNU Lesser General Public License, applies to certain designated libraries, and is quite different from the ordinary General Public License. We use this license for certain libraries in order to permit linking those libraries into non-free programs.

    When a program is linked with a library, whether statically or using a shared library, the combination of the two is legally speaking a combined work, a derivative of the original library. The ordinary General Public License therefore permits such linking only if the entire combination fits its criteria of freedom. The Lesser General Public License permits more lax criteria for linking other code with the library.

    We call this license the "Lesser" General Public License because it does Less to protect the user's freedom than the ordinary General Public License. It also provides other free software developers Less of an advantage over competing non-free programs. These disadvantages are the reason we use the ordinary General Public License for many libraries. However, the Lesser license provides advantages in certain special circumstances.

    For example, on rare occasions, there may be a special need to encourage the widest possible use of a certain library, so that it becomes a de-facto standard. To achieve this, non-free programs must be allowed to use the library. A more frequent case is that a free library does the same job as widely used non-free libraries. In this case, there is little to gain by limiting the free library to free software only, so we use the Lesser General Public License.

    In other cases, permission to use a particular library in non-free programs enables a greater number of people to use a large body of free software. For example, permission to use the GNU C Library in non-free programs enables many more people to use the whole GNU operating system, as well as its variant, the GNU/Linux operating system.

    Although the Lesser General Public License is Less protective of the users' freedom, it does ensure that the user of a program that is linked with the Library has the freedom and the wherewithal to run that program using a modified version of the Library.

    The precise terms and conditions for copying, distribution and modification follow. Pay close attention to the difference between a "work based on the library" and a "work that uses the library". The former contains code derived from the library, whereas the latter must be combined with the library in order to run.

  18. GNU LESSER GENERAL PUBLIC LICENSE TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

    0. This License Agreement applies to any software library or other program which contains a notice placed by the copyright holder or other authorized party saying it may be distributed under the terms of this Lesser General Public License (also called "this License"). Each licensee is addressed as "you". A "library" means a collection of software functions and/or data prepared so as to be conveniently linked with application programs (which use some of those functions and data) to form executables. The "Library", below, refers to any such software library or work which has been distributed under these terms. A "work based on the Library" means either the Library or any derivative work under copyright law: that is to say, a work containing the Library or a portion of it, either verbatim or with modifications and/or translated straightforwardly into another language. (Hereinafter, translation is included without limitation in the term "modification".) "Source code" for a work means the preferred form of the work for making modifications to it. For a library, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the library.Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running a program using the Library is not restricted, and output from such a program is covered only if its contents constitute a work based on the Library (independent of the use of the Library in a tool for writing it). Whether that is true depends on what the Library does and what the program that uses the Library does.

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END OF LGPL TERMS AND CONDITIONS


SIGHTSPEED PRIVACY POLICY


Welcome to SightSpeed, Inc. ("SightSpeed") Internet video conferencing. In this SightSpeed Privacy Policy, we call our video conferencing service the "SightSpeed Conferencing System." "You" or "Users" refers to you and anyone else who uses the SightSpeed Conferencing System through your account.

Your Privacy

At SightSpeed, we recognize that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. That’s why we have put a policy in place to disclose how your personal information will be collected, used and protected. This Privacy Policy applies to the SightSpeed Conferencing System.

A Note to Children and Parents

We intend the SightSpeed Conferencing System for use by adults. Children are not eligible to use our services and we ask that minors (under the age of 18) do not submit any personal information to us. If you are a minor, you can use this service only under the supervisions of your parents or guardians.

Your Consent

By using the SightSpeed Conferencing System, you expressly consent to the information handling practices described in this Privacy Policy. This Privacy Policy is incorporated into and is subject to the SightSpeed Conferencing System Software License and User Agreement ("SUA") http://www.sightspeed.com/dellvideochat/legalprivacy. Your use of the SightSpeed Conferencing System and any personal information you provide through the SightSpeed Conferencing System are subject at all times to this Privacy Policy and the SUA http://www.sightspeed.com/dellvideochat/legalprivacy.

A Note to International Users

SightSpeed is located in the United States. Because SightSpeed, Inc. operates globally, however, we may make information we gather available to our worldwide business units. For those using the SightSpeed Conferencing System in the European Union or other regions with laws governing data collection and use that mat differ from United States law, please note that the personal information you provide will be transferred to the United States for use by SightSpeed and its affiliates for any of the purposes described in this Privacy Policy. BY USING THE SIGHTSPEED CONFERENCING SYSTEM AND PROVIDING US WITH YOUR PERSONAL INFORMATION, YOU CONSENT TO THE TRANSFER AND USE OF YOUR PERSONAL INFORMATION.

Information SightSpeed Collects

Information you provide: You may provide to SightSpeed what is generally called "personally identifiable" information (such as your name, email address, credit card number, postal mailing address, and telephone numbers) if you use the SightSpeed Conferencing System, or if you order premium services from SightSpeed.

"Automatically collected" information: When you use the SightSpeed Conferencing System we automatically record certain information from your system by using different types of tracking technology. This “automatically collected” information may include Internet Protocol address (“IP Address”), a unique user ID, version of software installed, system type and capabilities, and call log information, such as who you called, the duration of the call and any video mail messages.

How SightSpeed Uses Information

SightSpeed may use the information that you provide or that we automatically collect to:
  • operate, maintain, enhance, and provide the various features of the SightSpeed Conferencing System,
  • provide technical support,
  • perform credit fraud screening services for transactions between you and us and/or others, and
  • send administrative communications such to notify you of major SightSpeed Conferencing System updates, for customer service purposes, and to send privacy or security related notices.

How SightSpeed Shares Information

With our service providers, vendors and affiliated companies: SightSpeed may provide personally identifiable information and non-personally-identifiable to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf. We require that these parties agree to process such information in compliance with our Privacy Policy, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.

With Dell: SightSpeed may share “automatically collected” or other aggregate non-personally-identifiable information with Dell Global B.V. for their use, including without limitation, to assist them in understanding the usage and demographic patterns on the SightSpeed Conferencing System. This sharing does not involve your personally identifiable information.

With law enforcement: SightSpeed may disclose personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws or respond to a court order, SightSpeed also reserves subpoena, or search warrant.

To protect ourselves and others: the right to disclose personally identifiable information and/or non-personally-identifiable information that SightSpeed believes, in good faith, is appropriate or necessary to enforce our SUA, to protect SightSpeed from fraudulent, abusive, or unlawful uses, to initiate, render, bill and collect for amounts owed to SightSpeed, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our web site, and to protect the rights, property, or personal safety of SightSpeed, our users or others.

With advertisers: SightSpeed does not share your personally identifiable information with other organizations for their promotional or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.

Your Access to Your Information

You may access, edit or update your personal information at any time by logging into your SightSpeed account, and clicking on My Account (for SightSpeed users) or Actions, My Info (for users of Dell Video Chat, powered by SightSpeed.).

Security

We take reasonable steps to protect personally identifiable information and information we collect from unauthorized access, disclosure, alteration, or destruction. Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your information that they collect from our site. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications will always remain private.

If SightSpeed learns of a breach of its security systems we may attempt to notify you electronically so that you can take appropriate protective steps. SightSpeed may post a notice on our website if a security breach occurs. If this happens, you will need a web browser enabling you to view the website. SightSpeed may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

In the event of certain business transfers

Information about our users, potentially including personally identifiable information, may be disclosed in the event of an insolvency, bankruptcy, or receivership, or as part of any merger, acquisition, debt financing, sale of company assets, or other business transaction in which personally identifiable information could be transferred to a third party as one of the business assets of SightSpeed.

Changes and Updates to this Policy

This Privacy Policy may be revised periodically. Your continued use of the SightSpeed Conferencing System constitutes your agreement to this Privacy Policy and any future revisions. The most recent version of this Privacy Policy will always be available at http://www.sightspeed.com/dellvideochat/legalprivacy. For revisions to this Privacy Policy that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will make reasonable efforts to notify you and obtain your consent before implementing revisions with respect to such information.

Contact

If you have any questions or comments about this Privacy Policy, please contact us at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

SightSpeed Inc.
918 Parker Street, Suite A14
Berkeley, CA 94710 USA

 
 
 
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