Professional Documents
Culture Documents
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Please read this entire agreement carefully. By using and/or clicking the "I
Accept" button of this product you agree to be bound by the terms of this
agreement. If you do not agree to all of the terms of this end user license
agreement, please do not install or use the product and/or services and
immediately delete any copy of it from all storage media.
This version of download accelerator plus ("DAP") and any other software, language
pack, media center, ftp browser, add-ons, upgrades or updates and related
materials (collectively, the "Product") and all server-side related services such
as, but not limited to : the always resume service, the mirror search service,
popular downloads service, alternate link service, reviews service, and
subscription services (the "Services"), are licensed to you by Speedbit Ltd.
("SpeedBit"), subject to the terms and conditions of this license agreement (the
"Agreement").
We encourage you to periodically review this Agreement and other legal documents
of SpeedBit, to be informed of the privacy practices and terms of use of our
products, services and web sites (the "Legal Terms"), including those of third
parties. At all times, the latest versions of the Legal Terms will be published on
the following link and shall be binding and supersede any other versions
http://www.speedbit.com/legal/license/
SpeedBit may revise the terms of this Agreement to reflect changes in our
products, services, web sites and customer feedback.
Children under the age of 13 are not eligible to use the product or services; if
you are under 13 years old please do not use our product or services.
We ask that minors not to submit any personal information to us.
For your convenience, below are the issues covered in this Agreement:
- License
- Proprietary Rights
- Copyright Infringement Policy
- Indemnification
- Mirror Search Service
- Third Party's Content
- Triggering Feature
- DAP Download Security Feature Powered by a Third Party
- Additional terms and conditions
- Advertisements
- Paid Products or Paid Services
- Registration Process � Paid Products or Paid Services
- Fees and Payments
- Term and Termination
- Amendment of Product or Services
- Disclaimer of Warranty and Liability
- Limitation of Liability
- Language Packs
- Miscellaneous
License
=======
Subject to the terms and conditions of this Agreement, SpeedBit hereby grants you
a non-exclusive, non-transferable, non-sublicensable, license to use the Product,
Services and Add-Ons (as defined below), on an As-Is basis, for your personal,
non-commercial use only. Any commercial use of the Product, Services and Add-Ons
is strictly forbidden. If you wish to engage in any kind of commercial use of the
Products, Services or Add-Ons, you are required to obtain SpeedBit's expressed
prior written consent to such use, as well as an appropriate commercial license to
use the Product, Services or Add-Ons by contacting SpeedBit via the following
email address: bizdev@speedbit.com.
Other than the rights expressly granted to you hereunder, no other right is
granted to you. Without limiting the foregoing, you may not: (a) modify or create
any derivative works of the Product or documentation; or (b) decompile,
disassemble, reverse engineer, or otherwise attempt to derive the source code for
the Product; or (c) redistribute, encumber, sell, rent, lease, sublicense, or
otherwise transfer rights to the Product without the prior written permission of
SpeedBit; or (d) use any Paid Product or Paid Service (as such terms are defined
below), in a manner violating, or exceeding the relevant "Paid Service Terms" or
"Paid Product Terms" of SpeedBit, as further detailed below; or (e) use the
Product, Services and/or Add-Ons not in compliance with all applicable laws,
regulations and government authorizations, including but not limited to export
control, copyright, trademarks, patent, secrecy, defamation, decency, and privacy
related laws, regulations and authorizations; (f) use, redistribute, encumber,
sell, rent, lease, sublicense, or otherwise transfer rights to, and/or exploit,
the Products, Services and/or Add-Ons, for commercial purposes, or in a commercial
manner.
Patents
=======
Without limiting the above, as part of the foregoing license you are hereby
granted a non-exclusive, non-assignable, non- sublicenseable worldwide license
under SpeedBit's United States Patent Nos. 6,339,785, 6,377,974 AND 6,606,646,
including any continuation, continuation-in-part, divisional or counterpart
thereto worldwide. The license under the above patents shall be subject to all the
other terms and conditions of this Agreement and shall not be construed so as to
grant you any right which is not explicitly granted in this Agreement.
Proprietary Rights
==================
SpeedBit retains sole and exclusive ownership of all rights, title and interests
in the Product, Services and Add-Ons and all intellectual property rights relating
thereto, including without limitation issued patents and pending patent
applications with respect to the Product, Services and Add-Ons and the technology
related thereto. Title and related rights in the content downloaded with this
Product, Services and Add-Ons is the property of the applicable content owner and
is protected by applicable law. This section shall survive termination and
expiration of this Agreement and shall remain in full force and effect thereafter.
SpeedBit has no responsibility for content of other owners that you may find,
access, download and/or upload when using SpeedBit�s products or services. Any
such material may be protected by copyright and the intellectual property laws of
the United States and/or other countries. The terms of use that are posted by the
respective owners of those materials, and not SpeedBit�s, govern your use of that
material. You are responsible for complying with all laws and regulations
applicable to the material that are made available or download.
You explicitly acknowledge that downloading some files may require authorization
and may be subject to restrictions. It is your responsibility to determine what
restrictions apply, to comply with all applicable restrictions and to obtain all
necessary authorizations.
The license to use the Product, Services and Add-Ons granted hereunder is
conditioned upon your agreement not to use the Product, Services and Add-Ons to
infringe the intellectual property rights of others in any way.
SpeedBit, at its sole discretion, may terminate this Agreement with users who are
infringers of the copyrights, or other intellectual property rights, of others.
By mail:
Copyright Agent
SpeedBit Ltd.
c/o Law Offices of Oscar Folger
521 Fifth Avenue, 24th floor
New York, New York 10175-0003
By fax:
212-697-7833
By email:
IP@speedbit.com
Note - Please note that, due to security concerns, attachments cannot be accepted.
Accordingly, any notification of infringement submitted electronically with an
attachment cannot be received or processed.
Indemnification
===============
You agree to indemnify SpeedBit and its officers, employees, agents and
representatives, and to hold them harmless, from any and all losses, claims and
liabilities (including attorneys fees) which may arise from your illegal,
unauthorized or abusive use Of the Product, the Services, the Add-Ons or any other
service referred to in this Agreement.
In order to search for the most responsive Mirror Servers for the file you wish to
download, an anonymous query (that has no personally identifiable information
about you) will be made to SpeedBit�s Mirror Servers Directory, containing file
related information such as: file name, file size and the download URL of the
requested file ("Download Locations"). Such Download Locations are added to
SpeedBit�s Mirror Servers Directory and may be made available to other users using
the Product or Services.
You may opt-out of the Mirror Search Service by clearing the checked box that
reads 'Automatically start searching files in Mirror Search engines' at the
configuration screen. If you choose not to use the Mirror Search service, your
download will be initiated from the server you have originally approached. You can
always re-configure any choice you have made in the past.
Without limiting any of the following, SpeedBit reserves the right to amend,
discontinue and/or terminate and/or limit and/or disable and/or cancel the Mirror
Search Service, or any part thereof, at any time, at its sole discretion and
without notice to you.
SpeedBit does not control the content of files and information that may be
downloaded through the use of the Product and Services or otherwise played,
viewed, managed and/or accessed through them. SpeedBit does not endorse, the
contents of any information or data, accessed through the use of the Product or
Services, and does not warrant or guarantee that such information or data is free
of errors or viruses. SpeedBit shall not be responsible for the accuracy,
completeness, legality, legitimacy or any other aspect of the files and
information accessed through the use of the Product or Services, nor to the right
to make such information available or accessible. The use of any files is at your
sole responsibility and SpeedBit explicitly disclaims any responsibility to the
use or misuse of any file. THE INCLUSION OF ANY LINK OR LISTS OF DOWNLOADING
LOCATIONS DOES NOT IMPLY ENDORSEMENT OF THE LINKED SITE BY SPEEDBIT.
Triggering Feature
==================
The Product powers users Internet Explorer with an optional triggering feature
which allows the triggering of download links that may not be triggered due to
various web server settings (the "Triggering Feature").
The Triggering Feature is enabled in the Product default setting, and may be
disabled only if you choose to check the respective check box.
Please note: you may, at any time, disable the Triggering Feature by clearing the
respective check box at the configuration screen; the triggering of the above
mentioned files will be stopped.
SpeedBit may, form time to time, add or remove additional features in the Security
Feature at its sole discretion.
Advertisements
==============
During the use of the Product, Services and/or Add-Ons, you may be shown
advertising, marketing offers, and other promotional information, made available
by SpeedBit or by third parties.
This Agreement does not cover the information practices exercised by other
providers of products or services, advertisers, or other websites, and SpeedBit is
not responsible for the privacy practices exercised by any such providers. Please
consult the privacy statement of these providers to learn more about their privacy
practices.
All such terms and conditions are hereby incorporated by reference into this
Agreement.
To avoid any doubt, it is hereby clarified that the purchasing of a Paid Product
does not include any right in the Paid Services and vise versa, and purchasing
either Paid Product or Paid Services does not include any right in the content or
services made available through Add-Ons, unless it was otherwise stated.
You will bear the sole responsibility for: (1) maintaining the strict
confidentiality of any Code assigned to you; (2) any charges, damages, or losses
that may be incurred or suffered as a result of your failure to maintain the
strict confidentiality of your Code. SpeedBit shall not be liable for any harm
related to the theft of your Code, any disclosure of your Code, or your
authorization to allow another person or entity to access and use the Product or
Service using your Code. You agree to immediately notify SpeedBit of any
unauthorized use of your Code.
Termination notice may be given provided that SpeedBit will not terminate a
license to use a Paid Product except as described in this section hereunder, and
that if you are terminating a license for a Paid Product or a Paid Service you
will not be entitled to a refund of the License Fee. Without prejudice to any
other rights, SpeedBit may terminate this Agreement and/or limit or revoke access
to any free or paid Product or to any free or paid Service at any time, with
immediate effect, and without penalty, if you fail to comply with the terms of
this Agreement. Upon termination, you shall destroy all copies of the Product.
YOU HEREBY ACKNOWLEDGE THAT SOME FUNCTIONS OF THE PRODUCT,SERVICES AND/OR ADD-ONS
MAY NOT BE FULLY FUNCTIONABLE, OR MAY NOT FUNCTION AT ALL, DUE TO YOUR PERSONAL
COMPUTER SYSTEM CONFIGURATION (E.G. IF YOU ARE USING A PLATFORM AND/OR A BROWSER
WHICH ARE NOT INCLUDED IN SPEEDBIT'S SUPPORTED PLATFORMS OR SUPPORTED BROWSERS
LIST, POSTED ON SPEEDBIT'S WEBSITE - WWW.SPEEDBIT.COM ) OR MAY BE DISABLED OR
FORBIDDEN FOR USE DUE TO LEGAL REQUIREMENTS APPLICABLE IN AND/OR TO YOUR
JURISDICTION.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT, SERVICES AND
ADD-ONS IS BORNE BY YOU. THIS PRODUCT, SERVICES AND/OR ADD-ONS ARE NOT FAULT
TOLERANT AND SHOULD NOT BE USED IN ANY ENVIRONMENT WHICH REQUIRES THIS. YOU HEREBY
EXPRESSLY AGREE NOT TO USE OR RELY ON THE PRODUCT, SERVICES OR ADD-ONS FOR ANY
APPLICATIONS THAT MAY RESULT IN ANY DAMAGE IF FAILED OR ANY OTHER MISSION CRITICAL
APPLICATIONS, OR FOR HANDLING SENSITIVE, PRIVATE, OR CONFIDENTIAL INFORMATION OF
ANY SORT. THE SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCT, SERVICES AND ADD-ONS
HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE PRODUCT, SERVICES AND
ADD-ONS SUFFICIENTLY MEET YOUR REQUIREMENTS.
SPEEDBIT DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS PERFORMED BY THE
PRODUCT, SERVICES OR ADD-ONS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
OR THAT ANY INFORMATION, DATA, COMPUTER PROGRAM, CONTENT, ADVERTISEMENT AND OTHER
MATERIALS RECEIVED ON OR THROUGH THE PRODUCT, SERVICES, ADD-ONS OR ANY ADD-ON
DOWNLOADED FOR THE PRODUCT WILL BE FREE OF ANY VIRUSES, WORMS, TROJAN HORSES OR
ANY OTHER DESTRUCTIVE PROPERTIES, AND WILL NOT CONTAIN ANY OBJECTIONABLE MATERIALS
OR DEEMED OBJECTIONABLE BY SOME INDIVIDUALS.
YOU HEREBY AGREE TO COMPLY WITH ALL RELEVANT EXPORT LAWS AND REGULATIONS, AND TO
ENSURE THAT THE PRODUCT IS NOT EXPORTED IN VIOLATION OF SUCH APPLICABLE LAWS.
Limitation of Liability
=======================
IN NO EVENT WILL SPEEDBIT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION,
LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE
UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE
PRODUCT AND/OR SERVICES AND/OR ADD-ONS, WHETHER PROVIDED BY SPEEDBIT OR BY THIRD
PARTY, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, YOUR SOLE REMEDY FOR ANY LIABILITY OF SPEEDBIT FOR
ANY DIRECT DAMAGES SHALL BE THE REPLACEMENT OF THE PRODUCT OR RENEWAL OF THE
SERVICE. IN THE EVENT SUCH REMEDY IS NOT FEASIBLE SPEEDBIT'S LIABILITY SHALL NOT
EXCEED FEES ACTUALLY PAID BY YOU FOR THOSE PRODUCTS OR SERVICES AND IN ANY CASE
SHALL BE NO MORE THAN $15.
Language Packs
==============
SpeedBit may, at its sole discretion, offer language packs to enable speakers of
languages other than English to use their native languages with the Product
("Language Packs"). SpeedBit does not and cannot guarantee that the language packs
will be available in any language.
SpeedBit enables users to add or edit Language Packs (the "Translators") through a
communal wiki based system located at: http://wiki.speedbit.com (the "Wiki Site").
In addition, SpeedBit may offer, at its sole discretion, from time to time,
special versions of the Product which contain some and/or all of the Language
Packs, as well as separate Language Packs.
The use of the Wiki Site and the Language Packs is subject to the Creative Commons
license available at: http://creativecommons.org/licenses/by-nc-sa/2.0/.
The Language Packs are translated by users the translation capabilities of which
cannot be determined nor guaranteed by SpeedBit. Such users shall have the sole
responsibility for their translations. SpeedBit does not guarantee the accuracy
and credibility of such translations, nor does SpeedBit guarantee the completeness
and uniformity of the Language Packs.
To avoid any doubt, you explicitly agree that the English version (including the
license agreement relating thereto) will prevail in any matter related to the
Product.
Miscellaneous
=============
(a) This Agreement constitutes the entire agreement between the parties concerning
the subject matter hereof. (b) Except to the extent applicable law, if any,
provides otherwise, this Agreement shall be governed by the laws of the State of
Israel without giving effect to any principles of conflicts of laws thereof, and
the eligible courts of Tel-Aviv, Israel, shall have exclusive jurisdiction over
all disputes between the parties; This Agreement will not be governed by the
United Nations Convention on Contracts for the International Sale of Goods, the
application of which is expressly excluded. (c) You may not assign or otherwise
transfer by operation of law or otherwise this Agreement or any rights or
obligations herein without the express written consent of SpeedBit. Upon
reasonable notice to you, SpeedBit may assign or transfer this Agreement at its
sole discretion. (d) If any part of this Agreement is found void and
unenforceable, it will not affect the validity of the balance of the Agreement,
which shall remain valid and enforceable according to its terms.