*** Please read this entire agreement carefully ***
By using this software you agree to be bound by the terms of this agreement as follows:
GRANT OF LICENSE:
This Limited BETA Software License Agreement (the "Agreement") is a legal agreement between you ("Licensee"), the end-user, and SpeedBit Ltd. ("SpeedBit") for the use of the Download Accelerator Plus software product and any other software, language pack or services related thereto (the "Software"). The Software shall also include any upgrades, modified versions and any updates for the Software supplied by SpeedBit.
This Software is being licensed to you by SpeedBit as A FREE BETA VERSION ONLY and is provided on an "AS IS" basis, for your private personal use only.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT DELETE THE SOFTWARE FROM ALL STORAGE MEDIA.
You may install this program to test and evaluate if it suits your needs. (There is not a set limit for the evaluation time).
During the use of the Software you will be shown advertising banners or other commercial activities .This Software may be distributed freely on online services, bulletin boards, or other electronic media as long as the files are distributed in their entirety. This Software may not be distributed on CD-ROM, disk, or other physical media for a fee without a prior written permission of SpeedBit.
You may not alter this software in any way, including changing or removing any messages or windows. You further agree not to reverse engineer, decompile, disassemble, alter, duplicate, make copies of, distribute or provide others with the Software nor to rent, resell for profit this Software or create derivative works based upon this Software.
You may not publicize or distribute any registration code algorithms, information, or registration codes used by this Software without a prior written permission of SpeedBit.
TERMS OF USE:
By using the Download Accelerator Plus Software, you agree to and acknowledge the following:
1. Not to use or rely on the Download Accelerator Plus software whatsoever related thereto for "mission critical" applications. "Mission critical" applications shall mean applications that may result in damage if failed.
2. You agree to accept advertising and marketing information, promotional or other commercial activity during using this Software.
3. You acknowledge and agree that SpeedBit may gather information and usage pattern, and as well registration parameters provided by you, your software and configuration, provided that if published, it will be done only in aggregate form without user names.
4. You agree that SpeedBit may use this information provided by you and the Software, or information related to, for the purpose of target advertising, marketing, co-registration to other services by SpeedBit or other parties, provided that if names are part of this information you had been given the advanced opportunity for omission of your name;
5. Comply with any legal obligations, including but not limited to, obligations imposed by copyright, trademarks, patent, secrecy, defamation, decency, privacy and export laws;
6. SpeedBit may use your name in any customer reference list or any other release issued by SpeedBit or any of its affiliates.
7. You expressly agree to accept and receive information about products, services, news and events in any mean, including without limitation by email.
8. You agree that SpeedBit is permitted to limit, disable, eliminate or cancel some or all of the functionality of the Software.
9. You expressly give your consent that SpeedBit may use your IP address to provide you with Targeted Advertising and certain other services related to the Software, (such as the Mirror Search) that utilize your IP address to provide results that SPEEDBIT believes are better. SpeedBit does not, however, use your IP address for any purpose which is personally identifiable.
INTELLECTUAL PROPERTY:
Download Accelerator Plus is Copyrighted by SpeedBit. You must treat the Software like any other copyrighted material.
SpeedBit does not control, review, verify or moderate the content of files and information that may be downloaded through the use of the Software. SpeedBit is not responsible for the accuracy, completeness, legality, legitimacy or any other aspect of the files and information accessed through the use of the Software, nor to the right to make such information available or accessible.
THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT OF THE LINKED SITE BY SPEEDBIT.
SpeedBit respects copyright law and intellectual property of others. Unauthorized usage of a copyrighted work, including without limitation, copying, distribution, modification, public display or public performance is an infringement of the copyright holders' rights. Users are responsible for complying with all laws and regulations applicable to the material they make available or download.
As a condition to use of the Software, Licensee warrants and agrees not to use the Software to infringe the intellectual property rights of others in any way. SpeedBit, on its sole discretion, may terminate this agreement with users who are infringers of the copyrights, or other intellectual property rights, of others. Without limiting the aforementioned, SpeedBit reserves the right to terminate this Agreement or the user's right and ability to use the Software, should the user abuse what is perceived by SpeedBit, on its sole discretion, as an inappropriate behavior.
Licensee agrees 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 Licensees' illegal, unauthorized or abusive use.
Mirror Servers - different servers that host the same file
Mirror Search - a search preformed in order to locate Mirror Servers
Using the "Advanced Mirror Search" Option.
When using the Software, you are powered with an "Advanced Mirror Search" option providing you with a broader list of additional and/or alternative Mirror Servers where the file you request to download may be hosted.
Those Mirror Servers are downloading locations from which other users - who choose to use this function - have downloaded the same file. These users have agreed that we will anonymously add those locations to SpeedBit's directory of Mirror Servers, so SpeedBit will be able to offer it to any other user who chooses to use this function and request the same file.
Thus, if you choose to use this function, when you start to download a file, the Software will add the location you started to download from to Speedbit's directory of Mirror Servers, for the benefit of all other users who also choose to use this function.
You may opt-out by un-checking the "Allow Advanced Mirror Searching " box at the Configuration screen.
If you choose not to use the "Advanced Mirror Search" you will not share the location you are downloading from, but you will not be able to utilize the other users' locations.
ADVERTISING:
SpeedBit may show in the Software, advertisements and/or offers for other products as well as for its products and/or services. SpeedBit has no ownership or interest in these other products, services, or other advertised items and do not check, verify or moderate the content or the nature of the advertisements or the products and services advertised on the Software.
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 to download them. SpeedBit may also use an embedded Internet Explorer web browser control or other methods to show advertisements.
RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS
SpeedBit reserves the right to limit or revoke access to the Software or to any service related thereof in its sole discretion, at any time, and for any reason, including, but not limited to any violation of this Agreement.
NO WARRANTIES:
SpeedBit EXPRESSLY DISCLAIMS ANY WARRANTY for the Software. The Software and any related documentation is 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. SpeedBit reserves the right to discontinue and/or terminate any service provided by SpeedBit and any version of the Software or any part thereof to its sole discretion.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
THIS SOFTWARE IS NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY ENVIRONMENT WHICH REQUIRES THIS.
NO LIABILITY FOR DAMAGES:
SpeedBit IS NOT RESPONSIBLE FOR ANY INFORMATION, INCLUDING WITHOUT LIMITATION, ONLINE AND OFFLINE MESSAGES, ADVERTISING INFORMATION, USERS' PERSONAL DATA, USER POSTED WEBSITE MATERIAL, USERS' WHITEPAGES POSTINGS SUBMITTED ON OR THROUGH THE SOFTWARE.
SpeedBit MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE, ANY SERVICE PROVIDED BY SpeedBit OR ANY KIND OF INFORMATION DELIEVERED OR SENT BY THIRD PARTY THROUGH THE Download Accelerator Plus Software.
SpeedBit DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, AVAILABILITY OR THE RESULTS OF THE USE OF THE SOFTWARE, OR ANY KIND OF INFORMATION DELIVERED OR SENT BY THRID PARTY IN TERMS OF THE ACCURACY, RELIABILITY, QUALITY, VALIDITY, STABILITY, COMPLETENESS, CURRENTNESS, OR OTHERWISE OF THEIR CONTENTS OR PRODUCTS. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE, THE SERVICE, IS ASSUMED BY USER.
SpeedBit does not warrant or guarantee that the functions or services performed by the Software or SpeedBit will be uninterrupted or error-free or that defects in the Download Accelerator Plus program.
SpeedBit does not warrant or guarantee 1) that any program, advertisements or any other information will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; 2) that the Information will not contain adult-oriented material, or material which some individuals may deem objectionable; or 3) It is the sole responsibility of the user to isolate software and Information, execute anti-contamination software and otherwise take steps to ensure that software or Information, if contaminated or infected, will not damage user's information or system.
To remove any doubt, IN NO EVENT WILL SpeedBit BE LIABLE TO ANY PARTY (i) FOR ANY DIRECT, 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, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SOFTWARE OR ANY SERVICE RELATED THERTO, AND INFORMATION OR ANY OTHER 'INFORMATION', EVEN IF SPEEDBIT SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION.
USING THE LANGUAGE PACKS.
SpeedBit may offer language packs to enable speakers of languages other than English to use their native languages in the Software. SpeedBit does not and cannot guarantee that the language packs will be available in any languages other than actually made available by SpeedBit.
For the avoidance of doubt, you explicitly agree that the English version (including the license agreement relating thereto) will prevail in any matter related to the Software. Only the English version of the documents and screens relating to the Software, including without limitation, this Agreement, the screens and the notices and instructions within the Software will bind and obligate the parties.
A Special Note About Children
Children under the age of 13 are not eligible to use SpeedBit's Products, and we ask that minors not submit any personal information to us. If you are a minor, you should use this service in conjunction with a parent or guardian.
Revising the License Agreement.
SpeedBit reserves the right to amend and revise this License Agreement from time to time on its sole discretion without any prior notice. SpeedBit will publish 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 supersede any other version.
GOVERNING LAW AND GENERAL PROVISIONS:
This Agreement shall be governed by and construed in accordance with the laws of the State of Israel, without consideration to the conflict of law rules. 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.
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.
This Agreement shall automatically terminate upon failure by you to comply with its terms.
SpeedBit, on its sole discretion, may modify this Agreement in writing at any time.
Copyright (c) 2000,2001 SpeedBit Ltd. All Rights Reserved.
