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Please read this entire agreement carefully. By using and/or clicking the "I Acc
ept" 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, pl
ease do not install or use the product and/or services and immediately delete an
y copy of it from all storage media.
This version of download accelerator plus ("DAP") and any other software, langua
ge pack, media center, ftp browser, add-ons, upgrades or updates and related mat
erials (collectively, the "Product") and all server-side related services such a
s, but not limited to : the always resume service, the mirror search service, po
pular downloads service, alternate link service, reviews service, and subscripti
on 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 pr
oducts, services and web sites (the "Legal Terms"), including those of third par
ties. 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 produc
ts, 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 yo
u a non-exclusive, non-transferable, non-sublicensable, license to use the Produ
ct, Services and Add-Ons (as defined below), on an As-Is basis, for your persona
l, 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 o
f the Products, Services or Add-Ons, you are required to obtain SpeedBit's expre
ssed prior written consent to such use, as well as an appropriate commercial lic
ense to use the Product, Services or Add-Ons by contacting SpeedBit via the foll
owing email address: bizdev@speedbit.com.
Other than the rights expressly granted to you hereunder, no other right is gran
ted to you. Without limiting the foregoing, you may not: (a) modify or create an
y derivative works of the Product or documentation; or (b) decompile, disassembl
e, reverse engineer, or otherwise attempt to derive the source code for the Prod
uct; 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 P
roduct Terms" of SpeedBit, as further detailed below; or (e) use the Product, Se
rvices and/or Add-Ons not in compliance with all applicable laws, regulations an
d government authorizations, including but not limited to export control, copyri
ght, trademarks, patent, secrecy, defamation, decency, and privacy related laws,
regulations and authorizations; (f) use, redistribute, encumber, sell, rent, le
ase, sublicense, or otherwise transfer rights to, and/or exploit, the Products,
Services and/or Add-Ons, for commercial purposes, or in a commercial manner.
"Add-Ons" - refers to all software add-ons, such as skins, functional and/or con
tent and/or services tabs (i.e.: Games tab, Shopping tab), desktop shortcut icon
s (i.e.: DAP shortcut icon, DAP Games Center shortcut icon or any other icon rel
ated to DAP) which may be made available from time to time by either SpeedBit an
d/or any other third-party, to be used in connection with the Products and/or Se
rvices. Please note that the above mentioned content and services tabs may inclu
de content, materials and services provided and/or powered by third parties, for
which SpeedBit is not responsible and cannot be held liable for and which may b
e covered by separate legal, commercial and privacy practices. Please consult th
e applicable terms and conditions and privacy statements of such third party pro
viders to learn more about their practices. SpeedBit reserves the right to amend
, discontinue and/or terminate and/or limit and/or disable and/or cancel the ava
ilable Add-Ons, or any part thereof, at any time, at its sole discretion and wit
hout notice to you.
Patents
=======
Without limiting the above, as part of the foregoing license you are hereby gran
ted 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, includ
ing any continuation, continuation-in-part, divisional or counterpart thereto wo
rldwide. The license under the above patents shall be subject to all the other t
erms 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 relat
ing thereto, including without limitation issued patents and pending patent appl
ications with respect to the Product, Services and Add-Ons and the technology re
lated thereto. Title and related rights in the content downloaded with this Prod
uct, Services and Add-Ons is the property of the applicable content owner and is
protected by applicable law. This section shall survive termination and expirat
ion of this Agreement and shall remain in full force and effect thereafter.
Copyright Infringement Policy
=============================
SpeedBit is committed to protecting the rights of intellectual property (includi
ng copyrights) holders and seeks to comply with all applicable laws and regulati
ons regarding the protection of intellectual property. SpeedBit respects the int
ellectual property of others, and we ask our users to do the same.
Unauthorized copying, distribution, modification, public display or public perfo
rmance of copyrighted works is a copyright infringement, and SpeedBit reserves t
he right to undertake appropriate steps against copyright offenders.
SpeedBit has no responsibility for content of other owners that you may find, ac
cess, 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 r
espective owners of those materials, and not SpeedBit s, govern your use of that m
aterial. You are responsible for complying with all laws and regulations applica
ble 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 al
l necessary authorizations.
The license to use the Product, Services and Add-Ons granted hereunder is condit
ioned upon your agreement not to use the Product, Services and Add-Ons to infrin
ge the intellectual property rights of others in any way.
SpeedBit, at its sole discretion, may terminate this Agreement with users who ar
e infringers of the copyrights, or other intellectual property rights, of others
.
In addition, It is SpeedBit s policy, in appropriate circumstances, at its discret
ion and in accordance with the required under the applicable laws, to remove or
disable access to any material claimed to be infringing or claimed to be the sub
ject of infringing activity and to remove or disable access to any reference or
link to material or activity that is claimed to be infringing.
Without limiting any of the foregoing or hereunder, SpeedBit will act expeditiou
sly to process any notices of alleged intellectual property infringement.
SpeedBit's Agent for Notice of claims of copyright or other intellectual propert
y infringement can be reached as follows:
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 accepte
d. Accordingly, any notification of infringement submitted electronically with a
n attachment cannot be received or processed.
Indemnification
===============
You agree to indemnify SpeedBit and its officers, employees, agents and represen
tatives, and to hold them harmless, from any and all losses, claims and liabilit
ies (including attorneys fees) which may arise from your illegal, unauthorized o
r abusive use Of the Product, the Services, the Add-Ons or any other service ref
erred to in this Agreement.
Triggering Feature
==================
The Product powers users Internet Explorer with an optional triggering feature w
hich allows the triggering of download links that may not be triggered due to va
rious web server settings (the "Triggering Feature").
The Triggering Feature is enabled in the Product default setting, and may be dis
abled only if you choose to check the respective check box.
Please note: you may, at any time, disable the Triggering Feature by clearing th
e respective check box at the configuration screen; the triggering of the above
mentioned files will be stopped.
Advertisements
==============
During the use of the Product, Services and/or Add-Ons, you may be shown adverti
sing, marketing offers, and other promotional information, made available by Spe
edBit or by third parties.
This Agreement does not cover the information practices exercised by other provi
ders of products or services, advertisers, or other websites, and SpeedBit is no
t responsible for the privacy practices exercised by any such providers. Please
consult the privacy statement of these providers to learn more about their priva
cy practices.
Unless otherwise stated, SpeedBit has no ownership or interest in any products,
services, or other advertised items and does not check, verify or moderate the c
ontent or the nature of the advertisements or the products and services advertis
ed on the Product or through the Services. SpeedBit makes no warranty, either ex
press or implied, as to these other products, services, or other advertised item
s and the use thereof.
Paid Products or Paid Services
==============================
SpeedBit may, from time to time, offer special versions of the Product (such as
DAP registered version 'Premium', either as a bundle or in separate versions of
DAP or Services (such as the Always Resume service packages) (the "Paid Product"
or "Paid Service"). If you are using a Paid Product or Paid Service, and/or a t
rial version of such Paid Products or Paid Services, you shall be subject to the
specifications, features, scope and duration of such Paid Product or Paid Servi
ce and to additional terms and conditions applicable to such Products or Service
, which are available in conjunction with the purchase of or registration for su
ch Product or Service, as well as posted in other ways such as: through our webs
ite, through email and so on ("Paid Service Terms" or "Paid Product Terms").
All such terms and conditions are hereby incorporated by reference into this Agr
eement.
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 o
r services made available through Add-Ons, unless it was otherwise stated.
Limitation of Liability
=======================
IN NO EVENT WILL SPEEDBIT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDEN
TAL 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 UN
AVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE PROD
UCT AND/OR SERVICES AND/OR ADD-ONS, WHETHER PROVIDED BY SPEEDBIT OR BY THIRD PAR
TY, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACT
ION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, YOUR SOLE REMEDY FOR ANY LIABILITY OF SPEEDBIT F
OR 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 ("L
anguage 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 Si
te"). 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 Commo
ns license available at: http://creativecommons.org/licenses/by-nc-sa/2.0/.
Your use of the Wiki Site is subject to the following limitations:
1. The content you add or edit may not be abusive, threatening, defamatory, vili
fying, harassing, obscene, offensive or otherwise wrongful or illegal material;
2. All copyright for content which you add or edit on the Wiki Site shall remain
your property. By adding or editing content on the Wiki Site you agree to the f
ollowing:
a. You warrant that you are the sole copyright owner of the content or have rece
ived permission from all copyright owners to use the content. You further warran
t that the content is original and that it does not breach any copyright law;
b. You warrant that the translations you provide are accurate, useful and not de
grading to SpeebBit or its products and services.
c. You grant SpeedBit a royalty-free, perpetual, irrevocable, fully sub-licensab
le, non-exclusive right to use, reproduce, modify, translate, adapt, publish or
create derivative works from content you add or edit on the Wiki Site;
d. You allow SpeedBit to select whole or part of the content to be used, includi
ng but not limited to, for inclusion on the Product. SpeedBit may also combine d
ifferent translations made by several different Translators.
3. SpeedBit has the right to remove the content you add or edit on the Wiki Site
at any time. SpeedBit does not guarantee that the content will be available at
all times, nor does SpeedBit guarantee that the content will remain stored or ac
cessible on the Wiki Site, will be used in the Language Packs or in any other wa
y.
4. SpeedBit does not warrant that it will distribute, archive, or back-up the co
ntent and you are advised to keep a copy of any such content.
5. To remove any doubt, the Translators sole compensation shall be credit for th
eir work according to the information provided by such Translators on the contri
butor s credit page (the "Credit Page"), which SpeedBit shall thereafter publish o
nly on the Wiki Site and the applicable language files. It is the responsibility
of the Translators to provide their current information on the Credit Page and
amend it if necessary. If SpeedBit cannot contact any of the Translators accordi
ng to the information they provided on the Credit Page, SpeedBit shall be entitl
ed, as SpeedBit's sole discretion, to determine whether to credit such Translato
rs or not.
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 completen
ess 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 P
roduct.
Miscellaneous
=============
(a) This Agreement constitutes the entire agreement between the parties concerni
ng the subject matter hereof. (b) Except to the extent applicable law, if any, p
rovides 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 Un
ited Nations Convention on Contracts for the International Sale of Goods, the ap
plication of which is expressly excluded. (c) You may not assign or otherwise t
ransfer by operation of law or otherwise this Agreement or any rights or obligat
ions herein without the express written consent of SpeedBit. Upon reasonable not
ice to you, SpeedBit may assign or transfer this Agreement at its sole discretio
n. (d) If any part of this Agreement is found void and unenforceable, it will no
t affect the validity of the balance of the Agreement, which shall remain valid
and enforceable according to its terms.
Copyright (c) 2000-2010 SpeedBit Ltd. All Rights Reserved