PLUS (DAP) FOR Mac LICENSE AGREEMENT
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. BY USING THIS PRODUCT
AND/OR SERVICES YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
THIS VERSION OF DOWNLOAD ACCELERATOR PLUS FOR Mac AND ANY OTHER
SOFTWARE, LANGUAGE PACK, ADD-ONS, UPGRADES OR UPDATES AND RELATED
MATERIALS (THE "PRODUCT") AND ALL SERVER-SIDE RELATED
SERVICES SUCH AS: THE MIRROR SEARCH SERVICE (THE "SERVICES"),
ARE LICENSED TO YOU BY SPEEDBIT LTD. ("SPEEDBIT") SUBJECT
TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (THE "AGREEMENT").
BY CLICKING THE "I AGREE" BUTTON, INSTALLING OR USING
THE PRODUCT OR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE
DO NOT INSTALL OR USE THE PRODUCT OR SERVICES AND IMMEDIATELY DELETE
ANY COPY OF IT FROM ALL STORAGE MEDIA.
SPEEDBIT RESERVES THE RIGHT TO REVISE THE TERMS OF THIS AGREEMENT
AT ANY TIME, AT ITS SOLE DISCRETION AND WITHOUT ANY PRIOR NOTICE.
WILL POST THE LATEST VERSION OF THE LICENSE AGREEMENT AT: http://www.speedbit.com/Mac/Legal/DAPforMacLICENSE.ASP.
AT ALL TIMES, THE LATEST VERSION OF THE LICENSE AGREEMENT WHICH
IS PUBLISHED ON THE ABOVE LINK SHALL BE BINDING AND SUPERSEDE ANY
CHILDREN UNDER THE AGE OF 13 ARE NOT ELIGIBLE TO USE THE PRODUCT
OR SERVICES, AND WE ASK THAT MINORS NOT SUBMIT ANY PERSONAL INFORMATION
TO US. IF YOU ARE UNDER 13 YEARS OLD PLEASE DO NOT USE OUR PRODUCT
THIS PRODUCT AND SERVICES RELATED THERETO ARE COVERED UNDER UNITED
STATES PATENT NOS. 6,377,974, 6,339,785 AND 6,606,646. OTHER PATENTS
The Product, Services and Add-Ons are licensed to you on an As-Is
basis, subject to the terms and conditions of this Agreement, for
your personal, non-commercial use only. Any commercial use of the
Product, Services and Add-Ons is strictly forbidden, under this
Agreement. 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 email to the following email
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; (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 a prior written permission
of SpeedBit; or (d) use any Paid Product or Paid Service 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.
"Add-Ons" - refers to all software add-ons (such as
skins), which may be made available from time to time by either
Speedbit and/or any other third-party, to be used in connection
with the Products and/or Services. Please note that the above mentioned
content and services tabs may include 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 be
covered by separate legal, commercial and privacy practices. Please
consult the applicable terms and conditions and privacy statements
of such third party providers 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 available Add-Ons,
or any part thereof, at any time, at its sole discretion and without
notice to you.
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
and 6,377,974, 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.
SpeedBit retains sole and exclusive ownership of all rights, title
and interests in the Product and Services and all intellectual
property rights relating thereto, including without limitation
issued patents and pending patent applications with respect to
the Product and Services and the technology related thereto. Title
and related rights in the content downloaded with this Product
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.
Paid Product and Trial Version
The Product may be offered for trial period ("Trial Version")
after which you can use only the paid version of the Product ("Paid
Product"). If you choose not to purchase the Paid Product,
following the trial period, you should uninstall the Product, and
delete any copy thereof from any and all storage media.
The use of a Paid Product, and/or a Trial Version, is subject
to the specifications, features, scope, duration of such Paid Product
or Trial Version and to additional or separate terms and conditions
applicable to such Product or Trial, which are available in conjunction
with the purchase of or registration for such Product or Trial,
as well as posted in other ways such as: through the Product website
at – http://www.speedbit.com/mac ("Web Site"),
through email, through pop-up announcements ("Trial Version
Terms" or "Paid Product Terms").
All such terms and conditions are hereby incorporated by reference
into this Agreement.
The Paid Product or Paid Service may require additional registration
codes, passwords, or identification numbers ("Code").
Speedbit shall issue you a unique Code for the registration process.
The Code shall enable the use of the Paid Product or Paid Service,
and shall correspond to a single designated computer on which your
Paid Product is installed or from which your Paid Service is activated.
Please note that various technological measures (such as: client-server
procedures) may be used by Speedbit to protect SpeedBit's intellectual
property rights, prevent the unauthorized use of the Paid Product
or Paid Service, and for security purposes. You hereby agree to
such measures, as shall apply to the Paid Product or Paid Service
from time to time.
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.
Fees and Payments
If you are using a Paid Product or Paid Service, you shall pay
SpeedBit the applicable fee posted by SpeedBit subject to the payment
terms and Paid Service or Paid Product Terms set therein. All fees
and payments hereunder are exclusive of taxes, duties, levies,
V.A.T and other charges. SpeedBit exercises no control over these
charges and cannot predict what they may be. You are exclusively
responsible for determining which additional charges apply to your
transactions and for covering any such applicable duties. SpeedBit
may, at its sole discretion change the applicable fees and/or terms
and/or Paid Service or Paid Product Terms at any time. Please note
that if you fail to fully exploit a Service within the service
period you paid for, or if you do not use the entire quantity of
the Service you paid for, you will NOT be entitled to recover such
unused portions of the Service, including without limitations,
to: (i) carry such unused portions of the Service for an additional
period; (ii) to receive refund of any fees paid under the Service
Terms of such Service; or (iii) to any other remedy.
Copyright Infringement Policy
SpeedBit is committed to protecting the rights of copyright right
holders and seek to comply with all applicable laws and regulations
regarding the protection of intellectual property. Unauthorized
copying, distribution, modification, public display or public performance
of copyrighted works is a copyright infringement, and SpeedBit
will undertake appropriate steps against copyright repeat offenders.
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. You hereby undertake
to determine what restrictions apply, to comply with all applicable
restrictions and to obtain all necessary authorizations. The license
to use the Product and Services granted hereunder, is conditioned
upon your agreement not to use the Product and Services 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.
In order to enable the development and improvement of products
and services, for the operation of some of the functionalities
of the Product and Services, SpeedBit may ask you to voluntarily
provide contact details and other personally identifiable information
(such as username, email address, country and zip-code), and demographic
information (like age, occupation or gender). Such personally identifiable
information may be submitted by you voluntarily, either through
forms which you have to fill–in, or through forms that are
automatically filled-in by the product or services, which you can
further correct, modify or delete before you choose to submit.
If you wish to remove your information from SpeedBit email mailing
lists and stop receiving future email communications from SpeedBit
you may unsubscribe by an email to: firstname.lastname@example.org.
SpeedBit may gather information, usage pattern, and registration
parameters provided by you, the Product, and/or through the Service
and system configuration, your IP address and other network information.
SpeedBit may use this information provided by you and/or the Product
and/or through the Service, or information related to, for the
purpose of providing the Services, and for the development and
improvement of products and services, provided that if published,
it will be done only in aggregated form which is not personally
Please note that, in some cases, if you decide not to provide
certain information or delete certain automatically filled-in information
from certain Speedbit forms, you may not be able to complete the
applicable process, e.g., registering for a service or installing
SpeedBit may use "cookies" to monitor users' activity.
SpeedBit does not require that you accept cookies, and you may
disable cookies at any time. However, some functionality of our
Product or Services may be impaired if you decline to accept
Credit card information submitted during the purchase of a Paid
Product or Paid Services is collected on a secure site using secure
socket layer encryption, and is verified by organizations such
as VeriSign(tm). SpeedBit cannot guarantee, however, that the measures
in place are (or will remain) adequate. Except as necessary for
the purpose of routine processing of payments, SpeedBit does not
share credit history or credit card information with other companies
or third parties, unless compelled by law or court order to do
This Agreement does not cover the information practices exercised
by other providers of products or services, advertisers, or other
websites, which are linked to, or may be accessed through, the
Product, Services and/or Add-Ons. Furthermore, if you acquired
or purchased the Product or Services other than through SpeedBit's
web site, your personal information may be subject to different
privacy practices exercised by other providers. 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.
You hereby explicitly agree to the collection and use of any information
by SpeedBit or its business partners as stated hereunder. If you
do not agree to the collection and use of your personal information
as stated you must completely un-install the Product and delete
the product from all storage media.
SpeedBit's Products or Services are not directed to children under
the age of 13 and do not permit registration by, and will not knowingly
enable such use, or any collect or use personally identifiable
Information from, anyone under 13 years of age. Without limiting
the foregoing, in any case a child under the age of 13, had installed
the Product or used the Service, such Product should be immediately
uninstalled, and/or any use of the Service immediately be ceased,
and SpeedBit should be instructed to delete any information that
have been submitted by the child.
You hereby undertake to comply with any legal obligations, including
but not limited to, obligations imposed by copyright, trademarks,
patent, secrecy, defamation, decency, privacy and export laws.
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.
Third Party's Content
The Product and Services enable you to enhance delivery of content
from the Internet, and/or manage such content (such as: through
the "Mirror Search Service" where you may be provided
with a broader list of additional and/or alternative servers ("Mirror
Servers") where the file deemed to be the file you requested
to download, may be hosted;. All title, ownership and intellectual
property rights in and to the content, material and files downloaded
or otherwise accessed through the Products and/or Services ("Content"),
are and shall be retained by the applicable Content owner and may
be protected by applicable laws, including copyright and other
intellectual property laws. NO license and/or any other rights
to such Content are granted under this Agreement.
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. You
may opt-out of the "Mirror Search Service" by clearing
the checked box that reads 'Mirror Search' at the Configuration
screen. If you choose not to use the 'Mirror Search' service additional
downloading locations will not be searched for you, and the file
downloading will be initiated from the server you have originally
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.
Advanced Mirror Search Service
When using the Product, you are powered with an "Advanced
Mirror Search" service that may provide you with a broader
list of additional and/or alternative servers ("Mirror Servers")
where the file deemed to be the file you requested to download,
may be hosted. The directory of Mirror Servers (Mirror Servers
Directory) compiles downloading locations from which other users
have downloaded files. Whenever you use Advanced Mirror Search
downloading locations that you are using may be added, anonymously,
to the Mirror Servers Directory and might be made available to
other users who seek to download the same file. You hereby explicitly
agree to the collection and use of the downloading information
as stated hereunder. You may opt-out of the Advanced Mirror Search
by clearing the checked box marked the "Allow Advanced Mirror
Searching " at the Configuration screen. If you choose not
to use the "Advanced Mirror Search" you will not share
information regarding downloading locations with others, and you
will not be able to utilize locations provided by others.
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 Advanced Mirror Search, or any part thereof,
at any time, at its sole discretion and without notice to you.
Term and Termination
This Agreement shall commence upon your use of the Product or Services.
Either party may terminate this Agreement at any time by giving
written notice. SpeedBit's notice may be delivered to you either
by email or by the posting of such termination notice on SpeedBit's
website - www.speedbit.com. Your written notice should be delivered
to Speedbit by email to the following email address: email@example.com.
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.
Amendment of Product or Services
The Product, functions, features and any Services, provided by
SpeedBit may change from time to time. SpeedBit reserves the right
to amend, discontinue and/or terminate and/or limit and/or disable
and/or cancel any Service provided by SpeedBit or any part thereof
at its sole discretion and without notice to you, provided that
where a Paid Service is terminated during the Service period you
paid for, you may be entitled for a refund for the unused portion
of such Paid Service. Please note that: (i) newer versions of the
Product, Services or Add-Ons may include features which were previously
available only through the purchase of Paid Products and/or Paid
Services, and; (ii) receipt of additional features, add-ons, modifications,
improvements etc. to your current version of the Products and/or
Services may be subject to payment of additional fees. The latest
versions of the Product, Services or Add-Ons, are available at
SpeedBit's website – http://www.speedbit.com/mac.
You hereby agree and acknowledge that SpeedBit is permitted to
limit, disable, eliminate or cancel some or all of the functionality
of the Product (excluding the Paid Product). SpeedBit reserves
the right to discontinue the release and support of any version
of the Product or to revise the Product so it provides different
features, features in different combinations, and/or different
Disclaimer of Warranty and Liability
SPEEDBIT EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO: (A)
THE PRODUCT, SERVICES OR ANY INFORMATION DELIVERED OR SENT BY SPEEDBIT
OR ANY THIRD PARTY THROUGH THE PRODUCT OR SERVICES; AND (B) WITH
RESPECT TO CONTENT PLAYED/ VIEWED/ TRANSMITTED /POSTED /SUBMITTED
AND/OR MANAGED THROUGH OR IN CONNECTION WITH THE PRODUCT AND/OR
SERVICES. THE PRODUCT AND SERVICES ARE PROVIDED "AS-IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
YOU HEREBY ACKNOWLEDGE THAT SOME FUNCTIONS OF THE PRODUCT AND/OR
SERVICES 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 – http://www.speedbit.com/mac) 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
AND SERVICES IS BORNE BY YOU. THIS PRODUCT AND/OR SERVICES 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 OR SERVICES 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
AND SERVICES HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE
THAT THE PRODUCT AND SERVICES SUFFICIENTLY MEETS YOUR REQUIREMENTS.
SPEEDBIT DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS PERFORMED
BY THE PRODUCT OR SERVICES 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 OR SERVICES 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.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
AGREEMENT. NO USE OF THE PRODUCT OR SERVICES IS AUTHORIZED HEREUNDER
EXCEPT UNDER THIS DISCLAIMER.
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, 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.
SpeedBit may, at its sole discretion, offer language packs to enable
speakers of languages other than English to use their native languages
in the Product. SpeedBit does not and cannot guarantee that the
language packs will be available in any languages other than those
actually made available by SpeedBit. 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.
(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 Haifa 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.
Mac is a trademark of Apple Computer, Inc.
Download Accelerator Plus website, is an independent website, the
content of which, and the products promoted and offered hereunder,
and has not been authorized, sponsored, or otherwise approved by
Apple Computer, Inc.
Date: 19 August, 2004