| DOWNLOAD ACCELERATOR PLUS (DAP)
BETA 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.
THANK YOU DOWNLOADING THIS PRE-RELEASE (BETA) VERSION OF DOWNLOAD
ACCELERATOR PLUS (DAP). WE WOULD APPRECIATE YOUR VALUABLE INPUT
AND FEEDBACK REGARDING THIS BETA VERSION AT- [email protected].
THIS BETA 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 THE 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 SOLE DISCRETION AND WITHOUT ANY PRIOR NOTICE.
SPEEDBIT
WILL POST THE LATEST VERSION OF THE LICENSE AGREEMENT AT https://downloadaccelerator.com/LEGAL/DAPBETALICENSE.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.
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.
License
=========
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 address: [email protected].
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.
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.
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 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.
Privacy
=========
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: [email protected].
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.
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 the Product or Services. 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.
Indemnification
==================
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.
Advertisements
================
During the use of the Product or Services you may be shown advertising,
marketing and other promotional information, made available by SpeedBit
or by third parties. 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.
Registration Process
======================
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 protected].
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 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.
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.
YOU ACKNOWLEDGE AND UNDERSTAND THAT SINCE THIS VERSION OF THE PRODUCT
IS STILL IN PRE-RELEASE (BETA) STAGE, IT IS LIKELY THAT THE FUNCTIONS
PERFORMED BY THE PRODUCT OR SERVICES WILL NOT BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE.
SPEEDBIT DOES NOT WARRANT OR GUARANTEE 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.
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 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.
Date: 25 September, 2003
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