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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 https://downloadaccelerator.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.
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