DOWNLOAD ACCELERATOR PLUS (DAP) 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 AND ANY OTHER SOFTWARE, LANGUAGE PACK, MEDIA CENTER, UPGRADES OR UPDATES AND RELATED MATERIALS (THE “PRODUCT”) AND ALL SERVER-SIDE RELATED SERVICES SUCH AS: THE ALWAYS RESUME SERVICE, THE MIRROR SEARCH SERVICE, AND SUBSCRIPTION SERVICES (THE “SERVICES”), ARE LICENSED TO YOU BY SPEEDBIT LTD. (“SPEEDBIT”) SUBJECT TO THHE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (THE “AGREEMENT”). BY CLICKING THE “I ACCEPT” 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 SOOLE DISCRETION AND WITHOUT ANY PRIOR NOTICE. SPEEDBIT
WILL POST THE LATEST VERSION OF THE LICENSE AGREEMENT AT HTTP://WWW.SPEEDBIT.COM/LEGAL/DAPLICENSE.ASP. AT ALL TIMES, THE LATEST VERSION OF THE LICENSE AGREEMENT WHICH IS PUBLISHED ON THE ABOVE LINK SHALL BE BINDING AND SU
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 OR SERVICES.
THIS PRODUCT AND SERVICES RELATED THERETO ARE COVERED UNDER UNITED STATES PATENT NOS. 6,377,974 AND 6,339,785. OTHER PATENTS PENDING.
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 arre 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 address: email@example.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; (b) decompile, disassemble, reverse engineer, or otherwise attempt to de
“Add-Ons” – refers to all software add-ons (such as skins, content and/or services tabs such as Games tab, Shopping tab and/or any other tab), 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
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 re
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 providing greater consumer experience (by relevant offerings), for the operation of some of the functionalities of the Product and Services and for the ability to send you targeted promotional materials of SpeedBit or any of its business partners, 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.
SpeedBit, it’s partners and affiliates may use any information submitted by you. 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 its partners, affiliates or other third parties 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, providing targeted advertising, offerings, marketing, co-registration to other services by SpeedBit or other parties and for the development and improvement of the products and services, provided that if published, it will be done only in aggregated form which is not personally identifiable. SpeedBit may share this information with its business partners.
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 a product.
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 cookies.
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 so.
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: (i) 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; (ii) through the “Preview” feature, which enables you to preview the content of some of the downloaded media file(s) and (iii) through the “Media Center” which enables you to view, play, find, delete, add and otherwise manage media files, that has been downloaded through the Product and/or exists on your computer). 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 ‘Automatically start searching files in Mirror Search engines’ 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 approached.
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.
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 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. Advertisements are shown by using your Internet connection. SpeedBit may use an embedded Internet Explorer web browser control, email or any other methods to show advertisements. You hereby acknowledge and agree to SpeedBit’s advertising practices as described hereunder.
Paid Products or Paid Services
SpeedBit may, from time to time, offer special versions of the Product (such as DAP registered version ‘Premium’) 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, through pop-up announcements (“Paid Service Terms” or “Paid Product Terms”).
All such terms and conditions are hereby incorporated by reference into this Agreement.
To avoid any doubt the purchasing of a Paid Product does not include any right in the Paid Services and vise versa, 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, 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.
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 – 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 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 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 – 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 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.
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