DOWNLOAD ACCELERATOR PLUS (DAP) AND VIDEO ACCELERATOR BUNDLE - END USER LICENSE AGREEMENT
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 bundled version of download accelerator plus ("DAP"), with video accelerator ("VA") 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").
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:
- Proprietary Rights
- Copyright Infringement Policy
- Mirror Search Service
- Third Party's Content
- Triggering Feature
- DAP Download Security Feature Powered by a Third Party
- Additional terms and conditions
- 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
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: firstname.lastname@example.org.
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.
"Add-Ons" - refers to all software add-ons, such as skins, functional and/or content and/or services tabs (i.e.: Games tab, Shopping tab), desktop shortcut icons (i.e.: DAP or VA shortcut icon, DAP Games Center shortcut icon or any other icon related to VA) 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.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 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.Copyright Infringement Policy
Speedbit is committed to protecting the rights of intellectual property (including copyrights) holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. Speedbit respects the intellectual property of others, and we ask our users to do the same.
Unauthorized copying, distribution, modification, public display or public performance of copyrighted works is a copyright infringement, and Speedbit reserves the right to undertake appropriate steps against copyright offenders.
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 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 addition, It is Speedbit's policy, in appropriate circumstances, at its discretion 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 subject 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 expeditiously to process any notices of alleged intellectual property infringement.
Speedbit's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Law Offices of Oscar Folger
521 Fifth Avenue, 24th floor
New York, New York 10175-0003
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.Mirror Search Service
When using the Product, you are powered with the Mirror Search service that is designed to improve your downloads by providing 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. Your download request will be then directed to the most responsive Mirror Server to enable you to enjoy a faster download.
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.Third Party's Content
The Product and Services enable you to enhance delivery of content, obtained from third parties using the Internet, and/or to manage such content.. 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.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.DAP Download Security Feature Powered by a Third Party
The DAP Download Security Feature (the "Security Feature") is powered by a third party; it alerts you to potential Internet surfing risks and allows you to make a determination for yourself of the potential effect programs, files or download pages/URLs, identified by the Security Feature as harmful. Speedbit cannot guarantee that the Security Feature will discover all potential risks your computer may be exposed to, nor can Speedbit guarantee that each potential risk discovered by the Security Feature as such, is actually harmful.
The current provider of the Security Feature is Webroot Software Inc. If you elect to receive the anti-spyware feature you explicitly request Webroot to make a determination for you on the potential effect identified programs may have on your system. You agree that Webroot may automatically delete certain programs and/or provide you the customized ability to delete certain programs. The deletion of these programs may be in violation with other license agreements you have knowingly or unknowingly agreed to. The deletion of these programs and the potential violation of a third party license is your responsibility. Webroot has no ability to verify what, if any, third party agreements you may have agreed to.
Speedbit may, form time to time, add or remove additional Security Feature providers at its sole discretion. Links to additional terms of service of third parties utilized by Speedbit in connection with this Security Feature, can be found at www.speedbit.com/legal/license/dapva/.Additional terms and conditions
Please Note that in order to access and/or use certain services provided through the Product you may be required to read and agree to or expressly indicate your acceptance to additional specific terms and conditions, as indicated in conjunction with such services.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.
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 content or the nature of the advertisements or the products and services advertised on the Product or through the Services. Speedbit makes no warranty, either express or implied, as to these other products, services, or other advertised items 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' or Video Accelerator 'premium'), either as a bundle or in separate versions of DAP and/or VA, 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 trial 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 Service and to additional terms and conditions applicable to such Products or Service, which are available in conjunction with the purchase of or registration for such Product or Service, as well as posted in other ways such as: through our website, through email and so on ("Paid Service Terms" or "Paid Product Terms").
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.
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.Term and Termination
This Agreement shall commence upon your of or 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. 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 - WWW.SPEEDBIT.COM. 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/Paid Product or to revise the Product so it provides different features, features in different combinations, and/or different environment configurations.Disclaimer of Warranty and Liability
SPEEDBIT EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO: (A) THE PRODUCT, SERVICES, ADD-ONS OR ANY INFORMATION, SERVICE OR FUNCTION DELIVERED OR SENT BY SPEEDBIT OR ANY THIRD PARTY THROUGH THE PRODUCT SERVICES OR ADD-ONS; AND (B) WITH RESPECT TO CONTENT PLAYED/ VIEWED/ TRANSMITTED /POSTED /SUBMITTED AND/OR MANAGED THROUGH OR IN CONNECTION WITH THE PRODUCT SERVICES, AND/OR , ADD-ONS. THE PRODUCT, SERVICES AND ADD-ONS 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 ,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 MEETS 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.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT , SERVICES OR ADD-ONS 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, 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 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.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.
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