Experimental Software Agreement

Thank you for your interest in exploring the experimental software and plugins that may be made available through AOL or AIM services (the "Experimental Software"). The AOL Network Registered User Terms of Service, available at http://about.aol.com/aolnetwork/terms_use, the AIM Triton Software End User License Agreement, available at http://about.aol.com/ccs_eula and the supplemental terms below collectively govern your use of the Experimental Software (collectively, the "Agreement").

BY CLICKING "I AGREE" BELOW AND/OR BY USING ANY OF THE EXPERIMENTAL SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE HAD AN OPPORTUNITY TO REVIEW ALL THE TERMS OF THE AGREEMENT AND THAT YOU AGREE TO ABIDE BY THE TERMS OF THE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, CLICK THE "CANCEL" BUTTON BELOW AND DO NOT DOWNLOAD OR USE THE EXPERIMENTAL SOFTWARE.

1. EXPERIMENTAL SOFTWARE
You acknowledge the Experimental Software is experimental and has not been made available for general release, and may contain errors, bugs, or other problems not usually associated with generally available versions. The Experimental Software should not be used in a production environment or on a critical system. You acknowledge that you are trying the Experimental Software at your own risk. You are fully responsible for taking all precautions before and when you use the Experimental Software, including, without limitation, backing up all data, files and applications on your system. AOL is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements.

You understand and agree that the Experimental Software is not part of any standard applications offered by AOL. Therefore, neither AIM nor AOL technical support is able to answer questions about the Experimental Software. AOL is under no obligation to offer the commercial release of any Experimental Software. This Agreement does not entitle you to receive from AOL hard-copy documentation, support, telephone assistance, or enhancements or updates to the Experimental Software. AOL reserves the right to alter or remove features, licensing terms, or other characteristics of any Experimental Software made available hereunder. SOME EXPERIMENTAL SOFTWARE MAY EXPIRE OR CEASE WORKING ON A DATE PREDETERMINED BY AOL.

2. DISCLAIMERS AND LIMITATIONS OF LIABILITY. THE EXPERIMENTAL SOFTWARE IS OFFERED "AS IS," "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AOL AND ITS VENDORS DISCLAIM IMPLIED WARRANTIES THAT THE EXPERIMENTAL SOFTWARE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR DISPUTE WITH AOL REGARDING YOUR USE OF THE EXPERIMENTAL SOFTARE IS TO DISCONTINUE YOUR USE OF SUCH EXPERIMENTAL SOFTWARE. AOL AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE EXPERIMENTAL SOFTWARE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF AOL KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

3. FEEDBACK. The Experimental Software is AIM-enabled. For further information on AIM-enabled products and to provide feedback on the Experimental Software, please go to the "AIM® Enabled" webpage at http://developer.aim.com/aimenabled.jsp.

4. INCORPORATED AGREEMENTS. The AOL Network Registered User Agreement and the AIM Triton Software End User License Agreement are incorporated by reference into this Agreement.