*** Please read this entire agreement carefully ***
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 (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 within the Software. 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.
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.
ADVERTISING:
SpeedBit may show in the Software, advertisements and/or offers for other products as well as for its products,. 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.
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.
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 Download Accelerator Plus Software.
SpeedBit MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE Download Accelerator Plus Software, 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 OR THE RESULTS OF THE USE OF THE DOWNLOAD ACCELERATOR PLUS 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 PROGRAM, THE SERVICE, THE DOWNLOAD ACCELERATOR PLUS SOFTWARE, 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.
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.
