| Description |
IMGIANT v2.1 contains NO spyware or adware!
IMGiant is a new instant messaging client that lets you unify all your screen names from AIM, MSN, Yahoo, ICQ, and IRC in one tabbed chat window. All your buddies from your screen names are stored and viewed in one Buddy List window so you can always keep in touch with your family, friends, and co-workers. IMGiant is constantly updating and adding features; Such as starting up your own chat room, logging, customize buddy alias, and file transfer. You also get access to exclusive content such as custom buddy icons, movies, games, flash content, game cheats, and screensavers from Joystick Networks. Also, with the Giant feeds ticker, you can customize sports, news, or current events through RSS and desktop alerts. Keep up to date with your favorite celebrities or breaking news stories. More features include: Optional sidebar keeps you up to date with your area's weather forecast, stock analysis, and has an integrated media player for your movies and music. The Buddy Pounce feature allows you to setup up messages for buddies who are offline and when they sign in are "pounced" by your message. Record your conversations with the chat logger, never loose your vital information again. The Buddy Alias option gives you the option of renaming you buddies. IMGiant Instant Messenger has a rapidly growing community of chat users all over the internet. Dowlnload the power of using your various instant messaging accounts in one program. ImGiant is the most customizable instant messenger that you can get. More options are available to you when you use ImGiant Instant Messenger, and your friends will want to use it too. Download IMGiant Instant Messenger today and start to unify all your screennames in one product. Make your life easier, dont be hasseled by more than one instant messenger running, consolidate it all into one! |
| Supported languages: English |
| Supported OS: Win95, Win98, WinME, WinNT 3.x, WinNT 4.x, Windows2000, WinXP, Windows2003 |
| Installation: Install and Uninstall |
| Requirements: none |
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| Release info |
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04/28/2005
New Release
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Changes:
Contains NO spyware OR adware
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| End user license agreement |
ImGiant End User License Agreement (?EULA?)
(Last Revised November, 2004)
NOTICE TO USER : PLEASE READ THIS END USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. BY CLICKING ?ACCEPT? BELOW, OR BY USING ALL OR ANY PORTION OF THE LICENSED SOFTWARE (DEFINED BELOW), YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE LICENSED SOFTWARE.
1. Definitions. "Licensed Software" means (a) the ImGiant Instant messenger software; and (b) any upgrades, modified versions or updates to the ImGiant Instant messenger software (collectively referred to as ?Updates?) that are provided to you by ImGiant. For purposes of this Agreement the term software refers only to the ImGiant Instant messenger software. Any other applications provided to you by ImGiant, are licensed to you under a separate license agreement unless otherwise specified. "Use," "Used" or "Using" means to access, install, download, copy or benefit from using the functionality of the Licensed Software.
2. Software License. As long as you comply with, and subject to, the terms of this Agreement, ImGiant grants to you a non-exclusive, nontransferable, revocable license to Use the Licensed Software, in binary executable form only, solely for the purposes described in the this Agreement.
3. Restrictions. As a condition of this license, you will: (a) not distribute, lend, license, grant or otherwise transfer the Licensed Software, (b) not reverse engineer, disassemble or decompile the Licensed Software or attempt to discover or recreate the source code to the Licensed Software, except as otherwise required by applicable law (c) comply with all applicable laws, including U.S. export control laws, in your Use of the Licensed Software, (d) not make any modification, adaptation, improvement, enhancement, translation or derivative work of or to the Licensed Software, (e) not remove, alter or obscure any proprietary notices (including copyright notices) of ImGiant or its licensors in the Licensed Software, (f) not use the Licensed Software for purposes for which it is not designed, and (g) only Use the Licensed Software for personal, non-commercial use.
4. Intellectual Property Rights. The Licensed Software is the intellectual property of, and owned by, ImGiant and its licensors and suppliers. The structure, organization and code of the Licensed Software are the valuable trade secrets and confidential information of ImGiant, and its licensors and suppliers. The Licensed Software is protected by copyright, including without limitation by United States copyright law, international treaty provisions and applicable laws in the country in which it is being used. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Licensed Software, and all rights not expressly granted are reserved by ImGiant, and its licensors and suppliers.
5. Display of Advertising. ImGiant may collect information about you and the websites you visit. By installing and/or using the Licensed Software you grant permission for ImGiant to periodically display sponsors? websites to you. The frequency of these advertisements will vary depending on your use of the Internet. You acknowledge that the Licensed Software includes an anonymous user ID and an electronic cookie that enables ImGiant to display this targeted advertising to you. A ?cookie? is a small amount of data that ImGiant?s servers transfer to your browser and that only ImGiant?s servers can read. You understand that ImGiant does not control your interaction with the websites and advertisements displayed to you and we assume no responsibility for their content or privacy practices and policies.
6. Treatment of Personal Information. While complete URLs are collected by the ImGiant software and uploaded to our servers, efforts are taken to strip away any information that could be used to identify you personally before URLs are stored. While we cannot guarantee that all such information will be stripped away by our systems, we will not use any of the information ImGiant collects to identify you personally.
7. Third Party Collection. We may use other third party services to assist us in providing targeted websites to you. These services may place cookies on your hard drive and use the cookies to tailor delivery of these websites to you by profiling your use of a site or advertisements that you select. These services may collect information such as your IP address, your browser type and the date and time that targeted websites were served to you. You should refer to the websites and privacy policies of the services we use.
8. Linking to Other Sites. Please note: A link from a targeted website delivered by ImGiant does not imply our endorsement of that website, advertiser or product. We do not control the websites to which we link and assume no responsibility for their content or privacy policies. Any information that you provide to linked websites is provided directly to that third party and is subject to that third party's privacy policy. Therefore, you should carefully review the privacy policies that apply to any sites you access from our site or any advertisers you respond to. This privacy policy applies solely to information collected by ImGiant.
9. Updates. ImGiant may provide you with bug fixes and Updates to the Licensed Software as part of this Agreement. The Licensed Software will check with ImGiant for the existence of any bug fix or Update that ImGiant has released, and in the event that one is available, the Licensed Software will update itself automatically. Nothing herein shall be construed or interpreted as requiring that ImGiant provide bug fixes or Updates.
10. Uninstallation . The Licensed Software may be uninstalled by going to the ?Add/Remove Programs? menu on your computer and clicking the ?Remove? button next to the entry for ImGiant. Some Internet content and software publishers, including ImGiant, require that their users have the Licensed Software installed on their computer in order to access their content or use their software applications (?Content Providers?). Uninstallation of the Licensed Software will impact your ability to access such content and/or use such software.
11. IMGIGANTIC subscribed services are free of 3rd party pop up advertisements and include enhanced and customizable features that the advertising-based version does not include. imGiant, however, may on occasion communicate to IMGIGANTIC users via the application for new product enhancements, features and/or other services.
11.1 Subscription Term imGigantic subscription term is agreed upon at the time pf purchase. The actual term is identified in the description of the services purchased through the ImGigantic Store and an electronic receipt provided to users upon purchase.
Pricing Policy
11.2 A subscription charge as identified in the description of the services purchased through the ImGiant Store will be charged to Visa, MasterCard, or American Express.
11.3 Allow up to 24 hours after the subscription process is completed in order for ImGigantic subscription services to become available.
Subscription Initiation/Personal Activation Code
11.4 Upon subscription and credit card verification, new subscribers will receive an introductory email with a billing summary and Personal Activation Code. It will be necessary to reference the Personal Activation Code and email used for the purchase in all correspondence relating to ImGigantic billing and technical issues.
11.5 Personal Activation Codes are sent to subscribers of ImGigantic. Subscribers may activate a ImGiant Plus subscription only on the number of computers specified per license purchased.
11.6 NOTE: Keep Personal Activation Codes secure from unauthorized access. Unauthorized use of Personal Activation Code will deactivate ImGigantic features. To report fraudulent use, email us at subscriptions@imGiant.com.
Renewal Policy
11.7 ImGiant Plus subscriptions renew automatically on the anniversary of each subscription period. At renewal the subscriber's credit card that was originally used to order a subscription is charged for the next subscription term. Disruption or termination of subscription services will occur if charges are not received due to a closed or invalid credit card. If for any reason subscriber's credit card is rejected subscriber may receive an email with an opportunity to renew the subscription via the ImGiant Store before ImGigantic is reverted back to the free, ad-supported ImGiant.
Refund Policy and Procedures
11.8 30 Day Risk Free Policy within the first 30 days of any subscription period the subscriber may request, and will be granted, a refund for the entire ImGigantic subscription fee. (less annual processing and billing fee of $3.95)
11.9 Under no circumstances will refunds be granted for any prior 12-month subscription period or for the remainder of the days within the calendar month in which a refund is requested (unless requested in first 30 days of subscription). All refunds will be credited to the original credit card used when subscribing to ImGigantic. To request a refund, subscribers should email subscriptions@imGigantic.com and request a refund by including their Name, Address, Phone, Email, and Activation Code.
Credit Card Liability
11.10 Verisign Payflow Pro administers imGIgantic credit card authorization and charges. ImGiant and/or ERG Ventures,LLC. is not responsible for any unauthorized use of credit card by Verisign personnel.
12. Disclaimer of Warranties and Remedies; Indemnity.
12.1. No Warranty; Disclaimer. YOUR USE OF THE LICENSED SOFTWARE IS AT YOUR SOLE RISK. THE LICENSED SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IMGIANT, AND ITS CONTRACTORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IMGIANT, AND ITS CONTRACTORS AND SERVICE PROVIDERS, MAKE NO WARRANTY THAT (i) THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LICENSED SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LICENSED SOFTWARE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE LICENSED SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LICENSED SOFTWARE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IMGIANT OR THROUGH OR FROM THE LICENSED SOFTWARE SHALL CREATE ANY WARRANTY.
12.2. Limitation of Damages. NEITHER IMGIANT NOR ANY OF ITS LICENSORS OR SUPPLIERS WILL HAVE ANY, AND YOU RELEASE IMGIANT AND ALL OF ITS LICENSORS AND SUPPLIERS FROM ANY, LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM THE USE OR INABILITY TO USE THE LICENSED SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF DATA, SAVINGS, OR PROFITS OR THE COST OF PROCURING SUBSTITUTE GOODS, EVEN IF IMGIANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL IMGIANT?S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED $100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGE. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Collection of Information. ImGiant collects and uses information about you from your use of the Licensed Software. By installing the Licensed Software, you grant permission for ImGiant to collect this information, including the websites you visit while connected to the Internet. You acknowledge that you have reviewed ImGiant?s Privacy Policy, which describes ImGiant?s practices with respect to the collection, use and disclosure of information in connection with your use of the Licensed Software, which is incorporated herein by reference. A copy of the ImGiant Privacy Policy is available at http://www.imGiant.com/privacy.htm. ImGiant reserves the right to change the provisions of its Privacy Policy from time to time. ImGiant will post any changes to the ImGiant Privacy Policy at the web address in the preceding sentence. Your use of the Licensed Software following the posting of such changes to the ImGiant Privacy Policy will constitute your acceptance of any such changes.
14. Infringement Reporting Procedure. ImGiant is not responsible for content hosted by Content Providers; however, if you are aware of any infringing or illegal content hosted by a site that utilizes ImGiant as an access control mechanism, please notify ImGiant at the address below so that we may take appropriate action.
15. Compatibility. ImGiant does not warrant that the Licensed Software will be compatible with your hardware or other software installed on your computer system. Compatibility issues may cause your computer?s performance to suffer. In the event that the Licensed Software is not compatible with your hardware or other software installed on your computer system, the Licensed Software can be uninstalled by going to the ?Add/Remove Programs? menu on your computer and clicking the ?Remove? button next to the entries for ImGiant. Like all software, the Licensed Software utilizes some of your computer?s resources to run, including system memory. Use of the Licensed Software on a computer with inadequate system resources will cause such computer?s performance to suffer.
16. User Representations and Warranties. You acknowledge, represent and warrant that (i) you own the computer on which you are installing the Licensed Software, or have the authority to install the Licensed Software on such computer; (ii) your installation and/or Use of the Licensed Software will not violate any local, state or federal laws that apply to you, or the use or installation of the Licensed Software; and (iii) that ImGiant is not causing the Licensed Software to be installed on your computer, but has provided the Licensed Software to you, which you are installing of your own volition.
17. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Nevada, U.S.A., without regard to its choice of law principles to the contrary. You hereby irrevocably consent to the jurisdiction and venue of the federal, state and local courts, in connection with any action arising out of or in connection with this Agreement.
18. Miscellaneous. You must be at least 14 years of age to use the Licensed Software. By accepting the terms of this Agreement and Using the Licensed Software you represent that you are over the age of 14. This is the entire agreement between ImGiant and you relating to the Licensed Software, and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Licensed Software. If any part of this Agreement is held by a court to be illegal, invalid or unenforceable, it will not affect the validity of the balance of the Agreement, which will remain valid and enforceable according to its terms. This Agreement may only be modified by a writing signed by an authorized officer of ImGiant. If you violate any term of this Agreement, ImGiant may terminate this Agreement without waiving any other rights. |
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