BY CLICKING THE "I AGREE" BUTTON OR CONTINUING THE INSTALLATION, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, EXIT THE INSTALLATION PROGRAM NOW BY CLICKING THE "NO" BUTTON.
FOREWORD: SHAREAZA IS FREE SOFTWARE WHICH CAN BE DOWNLOADED FROM THE INTERNET SITE "SHAREAZA.COM", AND OTHER PARTNER SITES. IT MAY NOT BE SOLD BY ANY PARTY. IF YOU PAID MONEY FOR THIS COPY OF SHAREAZA, PLEASE NOTIFY THE VENDOR IMMEDIATELY AND REQUEST A REFUND.
TERMINOLOGY OF THIS AGREEMENT
- The "SOFTWARE" - The software program accompanying this license
agreement, including program files, support files and documentation.
- "LICENSOR" - The owner of the accompanying SOFTWARE, the Shareaza
development group and Michael Stokes.
- The "USER" - The individual or organization installing or using the
SOFTWARE.
- The "GNUTELLA NETWORK" - The global network of users operating Gnutella1
and Gnutella2 compatible software, such as the software governed by this
agreement.
- "PLUGINS" - Software applications intended for use with, and depending
on the SOFTWARE program accompanying this license agreement.
- "SKINS" - Files designed to work with the SOFTWARE, customising its
appearence, language and behaviour.
ABOUT THIS AGREEMENT
This document represents a legally binding agreement between you
(the "USER") and the Shareaza development group (the "LICENSOR"),
superceding all previous such agreements.
SECTION I
a) Grant of license. The LICENSOR grants you a non-exclusive license to
use the SOFTWARE and accompanying materials including any documentation
in accordance with the scope of grant.
b) Scope of grant.
Under this license you are given the following rights:
- You may use the SOFTWARE on one or more computers.
- You may use the SOFTWARE on a network.
- You may use the SOFTWARE to connect to and interact with the GNUTELLA
NETWORK, provided that you do so in a lawful manner.
- You may make copies of the SOFTWARE and distribute them to other
individuals, provided that no fee is charged for the SOFTWARE or the act of
distributing it, and that the SOFTWARE remains in its exact original form,
containing all original components, branding and notices including this
license agreement, and is not packaged with additional components.
- You may create and distribute PLUGINS and/or SKINS designed to work with the
SOFTWARE, provided that they are not packaged with the SOFTWARE or
represented as a part of the SOFTWARE, and are not exploited commercially.
You may not:
- Use the SOFTWARE in an unlawful manner.
- Use the SOFTWARE to assist you in committing an offence.
- Translate, modify, decompile, disassemble, reverse engineer or create
derivative works based upon the SOFTWARE, except to the extent applicable
laws prohibit this restriction.
- Remove any proprietary notices or this license agreement from the SOFTWARE.
- Exploit the SOFTWARE commercially, including but not limited to providing
the SOFTWARE to others for a fee, rebranding the SOFTWARE, or packaging
the SOFTWARE with other products.
- Publish the SOFTWARE in a collection of freeware or shareware that will
be sold for profit, without first requesting permission from the LICENSOR.
- Create and distribute PLUGINS or SKINS for commercial gain without prior
agreement with the LICENSOR.
- Allow others to use the SOFTWARE without first agreeing to the terms and
conditions set forth in this document.
SECTION II
a) Disclaimer of warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS"
BASIS. THE LICENSOR MAKES NO WARRANTIES EITHER EXPRESS NOR IMPLIED
WITH RESPECT TO THE SOFTWARE AND/OR ITS ACCOMPANYING MATERIALS,
INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE LICENSOR
DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS,
OR THAT THE SOFTWARE WILL OPERATE ERROR-FREE, OR THAT DEFECTS OR
"BUGS" IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, THE LICENSOR
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
FUNCTIONALITY OF THE SOFTWARE OR ANY SUPPORT MATERIALS SUCH
AS DOCUMENTATION, IN TERMS OF THEIR ACCURACY, RELIABILITY OR
OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, RELIABILITY AND
PERFORMANCE OF THE SOFTWARE SHALL BE BORNE BY YOU.
b) Limitation of liability. UNDER NO CIRCUMSTANCES OR LEGAL CONTRACT,
THEORY OR OTHERWISE SHALL THE LICENSOR BE HELD LIABLE TO YOU OR ANY
OTHER PERSON OR ORGANIZATION FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO
DAMAGES FOR PROPERTY, PERSONAL INJURY, INTELLECTUAL PROPERTY
INFRINGEMENT, LOSS OF PROFITS, INTERRUPTION OF BUSINESS, OR ANY
OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT SHALL THE LICENSOR BE
LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT RECEIVED FROM YOU FOR
A LICENSE TO THE SOFTWARE, EVEN IF THE LICENSOR HAS BEEN INFORMED OF
THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
c) The SOFTWARE allows the USER to connect to the GNUTELLA NETWORK. The
LICENSOR does not own or exercise any control over the GNUTELLA NETWORK,
and specifically disclaims any responsibility for its content, nature
and performance.
d) The SOFTWARE allows the USER to interact with the GNUTELLA NETWORK,
and other users of the GNUTELLA NETWORK. UNDER NO CIRCUMSTANCES OR
LEGAL CONTRACT, THEORY OR OTHERWISE SHALL THE LICENSOR BE HELD LIABLE
TO YOU OR ANY OTHER PERSON OR ORGANISATION FOR THE ACTIONS OR CONSEQUENCES
OF ACTIONS UNDERTAKEN BY USERS OF THE SOFTWARE. USERS shall accept all
responsibility for, and consequences of their actions when using the
SOFTWARE on the GNUTELLA NETWORK.
e) USERS shall be aware that unauthorised duplication and distribution of
copyrighted works is an offence in most countries. Using the SOFTWARE
to commit such offences shall constitute a violation of this agreement.
f) High risk activities. The SOFTWARE is not designed nor intended for
use in "High Risk Activities" where the failure of the SOFTWARE could
lead directly to death, personal injury or severe physical, financial or
environmental damage. The LICENSOR specifically disclaims any express
or implied warranty of fitness for use in these activities.
g) Title. The SOFTWARE is owned by the LICENSOR, the Shareaza development
group. The LICENSOR will retain all title, ownership rights and
intellectual property rights to the SOFTWARE and its accompanying materials.
h) Termination. This license will be automatically terminated if you fail
to comply with all of the limitations described within. Upon termination
of the license, you must destroy all copies of the software and its
supporting materials, including documentation.
i) Government of agreement. This agreement shall be governed by Western
Australian law.
BY CLICKING THE "I AGREE" BUTTON OR CONTINUING THE INSTALLATION, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, EXIT THE INSTALLATION PROGRAM NOW BY CLICKING THE "NO" BUTTON.
