DOWNLOAD ACCELERATOR PLUS (DAP) 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.
THIS 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 HTTP://WWW.SPEEDBIT.COM/LEGAL/DAPLICENSE.ASP. AT ALL TIMES, THE LATEST VERSION OF THE LICENSE AGREEMENT WHICH IS PUBLISHED ON THE ABOVE LINK SHALL BE BINDING AND SUPERSEDE ANY OTHER VERSION.
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.
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: firstname.lastname@example.org.
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, content and/or services tabs such as Games tab, Shopping tab and/or any other tab), 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.
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.
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.
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@example.com.
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.
Please note that, in some cases, if you decide not to provide certain information or delete certain automatically filled-in information from certain Speedbit forms, you may not be able to complete the applicable process, e.g., registering for a service or installing a product.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, or may be accessed through, the Product, Services and/or Add-Ons. 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
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.
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