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SPEEDBIT VIDEO ACCELERATOR END USER LICENSE AGREEMENT
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. THIS VERSION OF SPEEDBIT VIDEO ACCELERATOR AND ANY OTHER SOFTWAREADD-ONS, UPGRADES OR UPDATES AND RELATED MATERIALS (COLLECTIVELY, THE "PRODUCT") AND ALL SERVER-SIDE RELATED SERVICES SUCH AS, BUT NOT LIMITED TO : POPULAR DOWNLOADS SERVICE, REVIEWS SERVICE, VIDEO SEARCH SERVICE (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 MAY REVISE THE TERMS OF THIS AGREEMENT TO REFLECT CHANGES IN OUR PRODUCTS, SERVICES, WEB SITES AND CUSTOMER FEEDBACK. IF THERE ARE SIGNIFICANT CHANGES TO THIS AGREEMENT, WE WILL NOTIFY YOU ABOUT SUCH CHANGES BY PLACING A PROMINENT NOTICE ON OUR SITE (AT: WWW.SPEEDBIT.COM) PRIOR TO IMPLEMENTING THE CHANGE. SPEEDBIT RESERVES THE RIGHT TO CONTINUE TO PROVIDE USERS WITH THESE SERVICES AT NO CHARGE, OR TO PROVIDE THEM, ANY PART OF THEM OR ANY SIMILAR SERVICES FOR A FEE, PROVIDED THAT IN ANY EVENT YOU SHALL BE NOTIFIED IN ADVANCE OF SUCH CHANGE OF TERMS.
WE ENCOURAGE YOU TO PERIODICALLY REVIEW THIS END USER LICENSE AGRREMENT TO BE INFORMED OF THE TERMS OF USE OF OUR PRODUCTS SERVICES AND WEB SITES. AT ALL TIMES, THE LATEST VERSION OF THIS END USER LICENSE AGRREMENT WILL BE PUBLISHED ON THE FOLLOWING LINK AND SHALL BE BINDING AND SUPERSEDE ANY OTHER VERSION https://downloadaccelerator.com/VIDEO_ACCELERATOR/LEGAL/LICENSE/
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.
THE PRODUCT AND SERVICES RELATED THERETO ARE SUBJECTD TO PATENT APPLICATIONS FILED BY SPEEDBIT.
License
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, 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 express 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 the 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; or (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.: video tab, TV tab), desktop shortcut icons (i.e.: SpeedBit Video Accelerator shortcut icon or other shortcut icon related to the SpeedBit Video Accelerator services) 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.
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 seek 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 reserve the right to undertake appropriate steps against copyright repeat offenders.
SpeedBit has no responsibility for content of other owners that you may find, access, download, upload when using SpeedBit's products or services. Any such material may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use that are posted by the respective owners of those materials, and not SpeedBit's, govern your use of that material. 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 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:
By mail: Copyright Agent c/o SpeedBit Ltd. c/o Law Offices of Oscar Folger 521 Fifth Avenue, 24th floor New York, New York 10175-0003 By fax: 212-697-7833
By email: [email protected]
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 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 Content
The Product and Services enable you to enhance delivery of content from Internet websites, and/or manage such content (such as: (i) through channel functionality, which may enable you to sign-up to various content channels, such as: TV, movies, music videos, as may be available from time to time, and (ii) the video search service which enable you to search for popular videos. All title, ownership and intellectual property rights in and to the content, material and videos downloaded, viewed 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 AND STREAMING LOCATIONS DOES NOT IMPLY ENDORSEMENT OF THE LINKED SITE BY SPEEDBIT.
Additional terms and conditions
Please Note that in order to access and/or use certain services provided through the Product (such as, but not limited to, Download Accelerator Plus and Speed Optimizer) 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
In order to tenable it to provide you with these services Speedbit may, during the use of the Product, Services and/or Add-Ons, present to you, only within the application window, certain advertising, marketing offers, and other promotional information.
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.
Paid Products or Paid Services
SpeedBit may, from time to time, offer special versions of the Product (such as SpeedBit Video Accelerator 'Premium' version) or Services (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, 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.
Registration Process
The Paid Product or Paid Service may require additional registration codes, passwords, or identification numbers (the "Activation Code"). SpeedBit shall issue you a unique Activation Code for the registration process. The Activation 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 Activation 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 Activation Code. SpeedBit shall not be liable for any harm related to the theft of your Activation Code, any disclosure of your Activation Code, or your authorization to allow another person or entity to access and use the Product or Service using your Activation Code. You agree to immediately notify SpeedBit of any unauthorized use of your Activation 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, by the posting of such termination notice on SpeedBit's website - www.speedbit.com, or other manners using the Product functionality. 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 a provision of this Agreement. Upon termination, you shall destroy all copies of the Product and/or Paid 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, 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/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 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.
NOTWITHSTANDING ANY OF THE OTHER PROVISIONS HEREOF, IT IS HEREBY CLARIFIED THAT THE NATURE OF THE SERVICES REQUIRES DOWNLOADING OR STREAMING OF VIDEO FILES FROM WEBSITES AND/OR SERVERS OF THIRD PARTIES OVER WHICH SPEEDBIT HAS NO CONTROL AND WITH WHICH SPEEDBIT MAY HAVE NO BUSINESS RELATIONSHIP, AGREEMENT OR OTHER CONNECTION. BY ACCEPTING THESE TERMS YOU AGREE AND ACKNOWLEDGE THAT THE EFFICIENT DOWNLOADING OR STREAMING OF SUCH THIRD PARTY CONTENT IS HIGHLY DEPENDENT ON SUCH THIRD PARTY WEBSITES OR SERVERS, THEIR TECHNOLOGY, OPERATIONS AND ACCESSIBLITY AND THAT THEREFORE SPEEDBIT CAN NOT GUARANTEE THE EFFICIENT USE OF THE SERVICES HEREUNDER.
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.
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 competent courts in Tel Aviv 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.
SPEEDBIT MAY REVISE THE TERMS OF THIS AGREEMENT TO REFLECT CHANGES IN OUR PRODUCTS, SERVICES, WEB SITES AND CUSTOMER FEEDBACK. IF THERE ARE SIGNIFICANT CHANGES TO THIS AGREEMENT, WE WILL NOTIFY YOU ABOUT SUCH CHANGES BY PLACING A PROMINENT NOTICE ON OUR SITE (AT: WWW.SPEEDBIT.COM) PRIOR TO IMPLEMENTING THE CHANGE. SPEEDBIT RESERVES THE RIGHT TO CONTINUE TO PROVIDE USERS WITH THESE SERVICES AT NO CHARGE, OR TO PROVIDE THEM, ANY PART OF THEM OR ANY SIMILAR SERVICES FOR A FEE, PROVIDED THAT IN ANY EVENT YOU SHALL BE NOTIFIED IN ADVANCE OF SUCH CHANGE OF TERMS.
WE ENCOURAGE YOU TO PERIODICALLY REVIEW THIS END USER LICENSE AGRREMENT TO BE INFORMED OF THE TERMS OF USE OF OUR PRODUCTS SERVICES AND WEB SITES. AT ALL TIMES, THE LATEST VERSION OF THIS END USER LICENSE AGRREMENT WILL BE PUBLISHED ON THE FOLLOWING LINK AND SHALL BE BINDING AND SUPERSEDE ANY OTHER VERSION https://downloadaccelerator.com/VIDEO_ACCELERATOR/LEGAL/LICENSE/
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.
THE PRODUCT AND SERVICES RELATED THERETO ARE SUBJECTD TO PATENT APPLICATIONS FILED BY SPEEDBIT.
License
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, 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 express 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 the 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; or (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.: video tab, TV tab), desktop shortcut icons (i.e.: SpeedBit Video Accelerator shortcut icon or other shortcut icon related to the SpeedBit Video Accelerator services) 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.
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 seek 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 reserve the right to undertake appropriate steps against copyright repeat offenders.
SpeedBit has no responsibility for content of other owners that you may find, access, download, upload when using SpeedBit's products or services. Any such material may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use that are posted by the respective owners of those materials, and not SpeedBit's, govern your use of that material. 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 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:
By mail: Copyright Agent c/o SpeedBit Ltd. c/o Law Offices of Oscar Folger 521 Fifth Avenue, 24th floor New York, New York 10175-0003 By fax: 212-697-7833
By email: [email protected]
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 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 Content
The Product and Services enable you to enhance delivery of content from Internet websites, and/or manage such content (such as: (i) through channel functionality, which may enable you to sign-up to various content channels, such as: TV, movies, music videos, as may be available from time to time, and (ii) the video search service which enable you to search for popular videos. All title, ownership and intellectual property rights in and to the content, material and videos downloaded, viewed 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 AND STREAMING LOCATIONS DOES NOT IMPLY ENDORSEMENT OF THE LINKED SITE BY SPEEDBIT.
Additional terms and conditions
Please Note that in order to access and/or use certain services provided through the Product (such as, but not limited to, Download Accelerator Plus and Speed Optimizer) 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
In order to tenable it to provide you with these services Speedbit may, during the use of the Product, Services and/or Add-Ons, present to you, only within the application window, certain advertising, marketing offers, and other promotional information.
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.
Paid Products or Paid Services
SpeedBit may, from time to time, offer special versions of the Product (such as SpeedBit Video Accelerator 'Premium' version) or Services (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, 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.
Registration Process
The Paid Product or Paid Service may require additional registration codes, passwords, or identification numbers (the "Activation Code"). SpeedBit shall issue you a unique Activation Code for the registration process. The Activation 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 Activation 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 Activation Code. SpeedBit shall not be liable for any harm related to the theft of your Activation Code, any disclosure of your Activation Code, or your authorization to allow another person or entity to access and use the Product or Service using your Activation Code. You agree to immediately notify SpeedBit of any unauthorized use of your Activation 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, by the posting of such termination notice on SpeedBit's website - www.speedbit.com, or other manners using the Product functionality. 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 a provision of this Agreement. Upon termination, you shall destroy all copies of the Product and/or Paid 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, 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/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 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.
NOTWITHSTANDING ANY OF THE OTHER PROVISIONS HEREOF, IT IS HEREBY CLARIFIED THAT THE NATURE OF THE SERVICES REQUIRES DOWNLOADING OR STREAMING OF VIDEO FILES FROM WEBSITES AND/OR SERVERS OF THIRD PARTIES OVER WHICH SPEEDBIT HAS NO CONTROL AND WITH WHICH SPEEDBIT MAY HAVE NO BUSINESS RELATIONSHIP, AGREEMENT OR OTHER CONNECTION. BY ACCEPTING THESE TERMS YOU AGREE AND ACKNOWLEDGE THAT THE EFFICIENT DOWNLOADING OR STREAMING OF SUCH THIRD PARTY CONTENT IS HIGHLY DEPENDENT ON SUCH THIRD PARTY WEBSITES OR SERVERS, THEIR TECHNOLOGY, OPERATIONS AND ACCESSIBLITY AND THAT THEREFORE SPEEDBIT CAN NOT GUARANTEE THE EFFICIENT USE OF THE SERVICES HEREUNDER.
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.
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 competent courts in Tel Aviv 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.