Please read this End User License Agreement ("Agreement") carefully before choosing the "I Agree" option. By choosing "I Agree," you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, then Free Peers, Inc. ("Free Peers") is unwilling to license the Software to you, and you should not use the Software. By installing, downloading, copying, or otherwise using the Software, you acknowledge that you have read these terms and conditions, understand them, and agree to be bound by them. If you do not agree to these terms and conditions, you are not authorized and may not use the Software.
The Software is the current version of the Bearshare program. This Agreement also applies to but is not limited to, all future updates and modifications to the Bearshare program, the Bearshare installer, all executables, all documentation, and logos, trademarks, services marks and trade names ("Software"). The Software is copyrighted and owned by Free Peers. The Software is licensed to you for use only under the terms set forth in this Agreement. Free Peers reserves any right not expressly granted in this Agreement. You own or may own the media on which the Software is stored, but Free Peers retains title to the Software. By installing the Software you assume sole responsibility for the installation, use and results obtained from use of the Software.
1. License
This Agreement is only a license to use the Software. It is not a transfer of title to the Software. Free Peers grants you a limited, non-exclusive license to do only the following:
A. Download, and install the Software on a single computer for your personal, non-commercial use.
B. Make one copy of the Software in machine-readable form solely for backup or archival purposes for the computer on which the Software is installed. The Software is copyrighted and protected by law and international treaty. As an express condition of the license granted by this Agreement, you agree to reproduce this Agreement with such backup copy as well as any other copyright notice and proprietary legends accompanying the original Software supplied by Free Peers.
C. Transfer the Software and all rights under this License to another party provided you transfer a copy of this Agreement and all written materials accompanying the Software to such other party and such other party reads and agrees to accept the terms and conditions of this Agreement.
2. Restrictions
The following companies, individuals, entities, and their affiliates, subsidiaries, employees, officers, and directors are prohibited from installing, downloading, copying, or otherwise using the Software:
A. MediaForce, Inc.
New York, NY U.S.A
Tel: 212-925-9997
Fax: 973-543-5031
www.mediaforce.com
B. Mediadefender, Inc.
555 West 5th St, Suite 3500
Los Angeles, Ca 90013
www.mediadefender.com
C. Cyveillance, Inc.
1555 Wilson Blvd., Suite 404
Arlington, VA 22209-2405
Tel: 703.351.1000
Fax: 703.312.0536
www.cyveillance.com
D. SK Group
SK Corporation
Overpeer, Inc.
110 E. 55th Street
New York, NY 10022
Tel: 212-906-8173
www.sk.com
www.overpeer.com
The license granted under this Agreement prohibits you from doing any of the following:
A. Sublicensing, assigning, or distributing copies of the Software to others.
B. Decompiling, reverse engineering, disassembling, or otherwise reducing the Software to a human readable form.
C. Decompiling, reverse engineering, disassembling, or otherwise manipulating the software or the program to gain access to the cryptographic proprietary algorithms of the Software, such as the authenticated host connections, the digital signatures, authenticated downloads, authenticated uploads, and hostile host detection.
D. Modifying, copying, reproducing, adapting, translating, renting, leasing, loaning, selling, distributing, or otherwise assigning or transfering the Software, or creating derivative works based upon the Software or any part thereof, except as expressly provided in this Agreement.
E. Using the Software for any commercial purpose or public display or performance.
E. Removing any copyright notice, trademark, or proprietary legend included in the Software.
F. Restricting or inhibiting any other user from using and enjoying their rights to use the Software.
G. Harvesting, logging, or otherwise collecting information about other users, including, personal data, IP addresses, e-mail addresses, time and dates of transmissions, search result requests, downloads, and uploads.
H. Violating any applicable laws or regulations, including any patent, trademark, trade secret, copyright, or other proprietary rights of a third party.
I. Advertising, offerring to sell any goods or services, or attempting to drive traffic to a unauthorized third party web site through the software.
J. Impersonating any person or entity by falsely stating or otherwise misrepresenting your identity, affiliation or any other misrepresentation.
K. Forging or hiding headers or otherwise manipulating identifiers in order to disguise the origin of any content downloaded, uploaded, or any search results transmitted.
L. Forging or hiding the identity of a Software servant, Software digital signature, Software authentication download/upload challenge or response, or a host identified in the hostile host detection list.
M. Transmitting any material that contains a virus or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
N. Interfering with or disrupting the service, servers, or network that this Software connects with by posting false information or data.
3. Protection and Security
You agree to use your best efforts and to take all reasonable steps to safeguard the Software to ensure that no unauthorized person(s) shall have access thereto and that no unauthorized copy, publication, disclosure or distribution in whole or in part, in any form, shall be made. You acknowledge that the Software contains valuable confidential information and trade secrets and that unauthorized use and/or copying are harmful to Free Peers.
4. Use of the Software
Free Peers respects the rights of copyright owners to control commercial uses of their material. The Software enables users to connect to, download files from and share files over public and private Gnutella networks. By using the Software you acknowledge that you are responsible for complying with all federal and state laws applicable to the content you download and share using the Software, including copyright laws. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works may be an infringement of the copyright holders' rights in certain circumstances. You acknowledge that any liability for such infringement lies solely with you. You agree to indemnify and hold Free Peers, its parents, subsidiaries, affiliates, successors, officers, directors and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the Software.
By using the Software you acknowledge that you are aware that some files available on the public or private Gnutella networks accessible through the Software may have been created or distributed without the authorization of the copyright owner or as authorized by law. As a condition to the license granted under this Agreement, you agree that you will not use the Software to infringe the copyrights or other intellectual property rights of others in any way. Free Peers reserves the right to terminate the license granted under this Agreement in appropriate circumstances upon any single infringement of the rights of others in conjunction with use of the Software or if Free Peers believes the your conduct is harmful to the interests of Free Peers, its affiliates, or other users; or for any other reason in Free Peers's sole discretion, with or without cause.
As a condition to your use of the Software, you agree that you will not use the Software (i) to invade the privacy of, obtain the identity of, or obtain any personal information about (including but not limited to IP addresses of) any other user of the Software, or to modify, erase or damage any information contained on the computer of any other user of the Software; (ii) to infringe the intellectual property rights of others in any way (iii) to "stalk" or otherwise harass others; (iv) to collect or distribute child pornography or other obscene or illegal material; or (v) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals or (vi) to engage in any other illegal activities such as treason or terrorism (this may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons).
5. Termination
The license granted under this Agreement is effective until terminated. However, this license will terminate immediately without notice from Free Peers if you fail to comply with any of the provisions of this Agreement. Upon termination you must destroy the Software and all copies thereof, and you may terminate this License at any time by doing so.
6. Disclaimer of Warranties
This Software is provided by Free Peers 'As Is'. Free Peers makes no representations or warranties of any kind. Any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed to the full extent permitted by applicable law. In no event shall Free Peers or its parents, subsidiaries, affiliates, successors, officers, directors and employees be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this Software, even if advised of the possibility of such damage. Free Peers has no control over any information or data sent or received on any Gnutella network, public or private, accessible through the Software. Free Peers makes no guarantees as to such information and data. You acknowledge that content obtained through any Gnutella network in no way implies endorsement or liability by Free Peers. Free Peers, its parents, subsidiaries, affiliates, successors, officers, directors and employees, shall not, directly or indirectly, be liable, in any way, to you or any other person for the information or data you receive using the Software. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you. If you are dissatisfied with any portion of the Software, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Software.
The Software may contain technical inaccuracies or typographical errors. Accordingly, changes and/or updates may be affected without notice to you. Free Peers may also make improvements and/or other changes to the Software at any time without notice to you. You acknowledge that Free Peers may from time to time issue upgraded versions of the Software, and may automatically electronically upgrade the version of the Software that you are using on your computer. You consent to such automatic upgrading, and agree that the terms and conditions of this Agreement (as may be amended from time to time by notices posted on Free Peers' web site) will apply to all such upgraded versions.
7. Governing Law
Free Peers makes no representations that the Software is appropriate or available for use in locations outside the United States of America. Those who download this Software from other jurisdictions do so at their own volition and are responsible for compliance with local law. You may not use or export this Software in violation of U.S. export laws and regulations. This Agreement and any and all claims relating to the Software shall be governed and construed in accordance with the laws of the State of Florida, United States of America, without regard to or application of choice of law rules or principles. By using the Software, you agree that any dispute, controversy or claim arising out of or relating to this Agreement or its breach, termination, avoidance or invalidity, shall be resolved by a court of competent jurisdiction in the State of Florida, Miami-Dade County. By using the Software, you agree to submit to the jurisdiction of the state or federal courts located in Miami-Dade County Florida in connection with any legal proceeding relating to use of the Software.
8. Miscellaneous
This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof, and all prior proposals, Agreements, representations, statements and undertakings are hereby expressly cancelled and superseded. This Agreement may not be changed or amended except by a written instrument executed by a duly authorized officer of Free Peers.
Free Peers may amend the terms and conditions of this Agreement at any time by a notice on its web site, which shall be binding upon you; accordingly, you are urged to visit the Free Peers web site periodically to review the then current and effective terms and conditions for use of the Software. Certain provisions of these terms and conditions may be superceded by expressly designated legal notices or terms located within the Free Peers web site.
No delay or failure to take action under these terms and conditions will constitute a waiver thereof by Free Peers unless expressly waived in writing by a duly authorized officer of Free Peers.
A determination that any provision or part of any provision in this Agreement is invalid or unenforceable shall not invalidate or impair any other provision in this Agreement.
9. Intellectual Property
"BearShare, The Power To Share", "Defender", "Free Peers", and "Free Peers Agent" are trademarks of Free Peers and may not be used without permission.
Copyright in the Software is owned exclusively by Free Peers and is protected by law and international treaty.
By clicking the "I Agree" button below and installing this Software or using it, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.
⌐ 2000, 2001, 2002 Free Peers, Inc.
II. SaveNow
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The BearShare installer may install, or provide options to install SaveNow.
BearShare is provided free of charge, requiring no payment from you whatsoever; In exchange, installed with BearShare are some small optional programs from other companies. We hope that this exchange is agreeable to you, it helps us produce free software! If not, we apologize for any inconvenience - you may uninstall the bundled software and use BearShare for free, as our guest, or you may uninstall BearShare entirely.
BearShare and the bundled software components are completely separate, and have their own uninstallers (through Add/Remove Programs). BearShare does not report information about you except as required to support the Gnutella protocol. Thank you for downloading and trying BearShare!
