SPEEDBIT PRIVACY
POLICY
Thank you for registering with SpeedBit
Your privacy is important to us. This privacy policy governs your use
of SpeedBit Products and Services including Download Accelerator Plus
(DAP) and all other software, features, tools, Add-Ons, websites, and
services offered by SpeedBit.
This privacy policy explains the practices that apply
to the information that you provide or that may be generated
by your mere use of SpeedBit Products and Services.
Please note that the information collected or received
by third parties is subject to their own privacy policies
and it is recommended that your will consult their respective
privacy policies.
For your convenience below are the major issues covered
in this Privacy Policy
- Submission and Collection of
information
- How is the information being used?
- A special note regarding e-mail address
- Do we know who downloads a specific file?
- Cookies
- Communication with SpeedBit and postings on
the products/services and web sites
- Special terms applicable to some of SpeedBit's
services
- Special Note for Parents
- No Evil, No Spyware, No Threat
- Changes to this Privacy Policy
- General Terms
Submission and Collection of information
When you register and/or use SpeedBit's Products, Services and/or web
sites, you may choose, voluntarily, to provide personally identifiable
information about you. Your personally identifiable information may include
registration-related information (such as name, addresses, e-mail addresses,
birth date or gender) submitted during the registration, update and un-installation
of the Products and/or Services, along with the details of the Products
and/or Services; and transaction-related information (such as credit
card or other preferred means of payment, a history of Products and Services
purchased through SpeedBit, your billing and shipping information, or
customer service information about you as a SpeedBit user or subscriber)
hereunder Transaction-Related Information.
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 products or services, which you can further correct,
modify or delete before you choose to submit.
In addition, non personally identifiable information
may be provided by you or may be generated by your mere
use of SpeedBit Products and Services, such non personally
identifiable information may include usage information
specifically related to the use of a particular feature
or offering on SpeedBit Products and/or Services, visits
to SpeedBit Web sites and pages, and responses to the
offerings and advertisements presented on SpeedBit Products
and/or Services and/or web sites and pages and/or email
communication.
The non personally identifiable information may also
include information that is generated as part of the
standard internet communication protocol and other
technical information that may include: the type of
browser (e.g., Internet Explorer, Firefox), the type
of operating system (e.g., Windows XP or Mac OS); Internet
protocol addresses; information related to your computer
system configuration, other information about geographic
location and the domain name of Internet service providers
from which SpeedBit Products, Services and/or web sites
are accessed and used.
Additionally, to the extent that the above non personally
identifiable information or any other unique information
(which by itself is not Personally Identifiable Information)
such as, but not necessarily limited to, a personal profile,
unique identifier, biometric information, and/or IP address,
is associated with Personally Identifiable Information,
then such non personally identifiable information or
unique information also will be considered Personally
Identifiable Information. Personally Identifiable Information
does not include information that is collected anonymously
(i.e., without identification of the individual user)
or demographic information not connected to an identified
individual.
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 (e.g.
email address), you may not be able to complete the applicable
process, e.g., registering for a service or installing
a product.
How is the information
being used?
The information is used to operate and improve the
features, offerings and content presented to you by SpeedBit;
to streamline the use of SpeedBit Products and Services
on your computer, to personalize the content and advertisements
provided to you; to fulfill your requests for products,
programs, and services; to communicate with you and respond
to your inquiries; to conduct research about your use
of the Products, Services and/or web sites, offerings
and advertisements presented on SpeedBit Products, Services,
email communication, web sites and pages.; and to help
offer you other products, programs, or services that
may be of interest.
Any personally identifiable information of yours will not be shared with
third parties unless you have consented to the sharing of this information.
SpeedBit may use your information to present offers to you on behalf
of business partners and advertisers. These business partners and advertisers
may receive aggregate data about various groups of SpeedBit users, but
do not receive information that personally identifies you.
Your information may be accessed and disclosed if required
by legal procedures.
Special notice regarding Transaction-Related Information
- Transaction-Related Information submitted during the
purchase or the trial order of Paid Products or Paid
Services is collected either by SpeedBit or by its payment
processing partners. Except as necessary for the purpose
of routine processing of payments, SpeedBit does not
share credit history or Transaction-Related Information
with other companies or third parties, unless compelled
by law or court order to do so.
A special
note regarding e-mail address
Please note that during the installation / registration
of the Products / Services you may be requested to provide
a valid email address in order to enable the respective
process, to enable SpeedBit team to provide you with
email support and in order to allow SpeedBit to contact
you, from time to time, via email communication, with
news and updates about products and services (such as:
new releases, new features, special offers).
If you wish, at any time, to remove your email address
from any of the above mentioned email mailing lists and
stop receiving future email communications from SpeedBit
you may unsubscribe by an email to: [email protected].
For your convenience, email communication from SpeedBit
contains instructions regarding how to unsubscribe from
SpeedBit email mailing lists.
Do we
know who downloads a specific file?
The architecture of SpeedBit Products and Services was
built to provide our users with a rich user experience
and functionality while protecting our users’ privacy.
As a result the files you choose to download using Download
Accelerator are your own private matter. We do not collect
information about which files a certain user is downloading
or who downloads a specific file.
Furthermore, in order to provide our users with additional
services and information that may relate to specific
files, the architecture of SpeedBit Products and Services
enables SpeedBit to provide a user with such information,
while preserving the user anonymity.
Cookies
SpeedBit may use Cookies or Similar Technologies to
enhance and personalize your experience on the Products,
Services and on SpeedBit's web sites, including to operate
and improve offerings through the Products, Services
and/or web sites.; to help authenticate your identity
when you visit and transact with the Products, Services
and/or web sites.; to remember your preferences and registration
information; enable a shopping cart; to present and help
measure and research the effectiveness of the various
offerings, advertisements, and e-mail communications
(by determining which e-mails you open and act upon);
and to customize the content and advertisements provided
to you.
Additionally, SpeedBit or its advertisers may use other companies known
as third party ad servers to help present advertisements online in connection
with the Products, /Services and/or web sites. These third party ad servers
may use cookies or similar technologies to help present such advertisements,
and to help measure and research the advertisements' effectiveness. The
use of these technologies by these third party ad servers is subject
to their own privacy policies, not SpeedBit's.
SpeedBit does not require that you accept cookies, and you may disable
cookies at any time. However, some functionality of our Products, Services
and/or web sites may be impaired if you decline to accept cookies.
Communication
with SpeedBit and postings on the products/services
and web sites
Please note, that SpeedBit does not want to receive
any confidential, secret or proprietary information and
material from you through SpeedBit's web sites, e-mail
addresses, SpeedBit Products and Services or in any other
way. Any information or material submitted or sent to
SpeedBit, will be deemed not to be confidential or secret.
By submitting or sending documents, information or other
material ("Material") to SpeedBit you (1) warrant
that you have no rights of any kind to the Material;
that to the best of your knowledge no other party has
any rights to the Material; (2) grant SpeedBit an unrestricted,
irrevocable license to use, reproduce, display, perform,
modify, transmit and distribute the Material, and you
further agree that SpeedBit is free to use any ideas,
know-how, concepts or techniques you send us for any
purpose.
Special
terms applicable to some of SpeedBit's services
SpeedBit offers several services which may be accessed
through a Product (e.g. Always Resume service and the
DAP Drive service accessible through Download Accelerator
Plus product). Such services require that you will open
a personal account (either free or paid for) in order
to allocate resources (bandwidth and/or storage space)
for you to allow the hosting of files that are downloaded
or uploaded through such services.
Please note that on such services the hosted files are
managed in conjunction to your personal account based
on the available resources you are still entitled to
use.
Special
Note for Parents
SpeedBit Products and Services are intended for a general
audience, and children under the age of thirteen (13)
are not permitted to register with SpeedBit Products
and Services.
No Evil, No Spyware,
No Threat
SpeedBit is committed to its users' and highly regards
their privacy. SpeedBit pledges to you that it does NOT
contain any spyware/adware or any other type of threat.
Download Accelerator overall operation and advertising
conduct has been examined, reviewed and trusted by the
leading vendors, among them: Symantec\Norton anti virus™™,
Adaware™, Computer Associates™, CounterSpy™,
Spyware Doctor™, Webroot™, McAfee™ and more (https://downloadaccelerator.com/SFree.asp).
Changes to this Privacy Policy
We will occasionally update this Privacy Statement to reflect changes in our products, services, web sites and customer feedback.
If there are significant changes in the way we treat personal information, we will notify you about such changes by placing a prominent notice on our site (at: www.speedbit.com) prior to implementing the change.
We encourage you to periodically review this Privacy Policy to be informed of how SpeedBit is protecting your information. At all times, the latest version of this Privacy Policy will be published on the following link and shall be binding and supersede any other version https://downloadaccelerator.com/LEGAL/DAPLICENSEANDPRIVACY.ASP.
General Terms
PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY USING
DOWNLOAD ACCELERATOR PLUS AND ANY OTHER SOFTWARE, LANGUAGE
PACK, MEDIA CENTER, FTP BROWSER, ADD-ONS, UPGRADES OR
UPDATES AND RELATED MATERIALS, AND ANY OTHER PRODUCTS
OF SPEEDBIT SUCH AS, BUT NOT LIMITED TO, THE SPEEDOPTIMIZER
(THE "PRODUCTS") AND ALL SERVER-SIDE RELATED
SERVICES SUCH AS, BUT NOT LIMITED TO : THE ALWAYS RESUME
SERVICE, THE MIRROR SEARCH SERVICE, POPULAR DOWNLOADS
SERVICE, ALTERNATE LINK SERVICE, REVIEWS SERVICE AND
SUBSCRIPTION SERVICES AND OTHER SERVICES OF SPEEDBIT
SUCH AS, BUT NOT LIMITED TO: THE DAP DRIVE AND THE MAIL
ACCELERATOR SERVISE (THE "SERVICES"), AND SPEEDBIT
WEB SITES AND PAGES SUCH AS, BUT NOT LIMITED TO: DOWNLOADACCELERATOR.COM,
SPEEDBIT.COM, SPEEDOPTIMIZER.COM (THE "WEB SITES"),YOU
AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY.
BY CLICKING THE "I ACCEPT" BUTTON AND/OR INSTALLING
AND/OR USING THE PRODUCTS, SERVICES, OR WEB SITES YOU
AGREE TO BE BOUND BY THIS PRIVACY POLICY. IF YOU DO NOT
AGREE TO ALL OF THE TERMS OF THIS PRIVACY POLICY, PLEASE
DO NOT INSTALL OR USE THE PRODUCTS, SERVICES OR WEB SITES
AND IMMEDIATELY DELETE ANY COPY OF IT FROM ALL STORAGE
MEDIA.
THIS PRIVACY POLICY IS INCORPORATED BY REFERENCE INTO
THE DOWNLOAD ACCELERATOR PLUS LICENSE AGREEMENT, THE
LATEST VERSION OF WHICH CAN BE FOUND AT ALL TIMES AT
https://downloadaccelerator.com/LEGAL/DAPLICENSEANDPRIVACY.ASP ("LICENSE AGREEMENT"/"AGREEMENT").
"ADD-ONS" - REFERS TO ALL SOFTWARE ADD-ONS, SUCH AS SKINS, FUNCTIONAL AND/OR CONTENT AND/OR SERVICES TABS (I.E.: GAMES TAB, SHOPPING TAB), DESKTOP SHORTCUT ICONS (I.E.: DAP SHORTCUT ICON, DAP GAMES CENTER SHORTCUT ICON) 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. |
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DOWNLOAD ACCELERATOR
PLUS (DAP) END USER LICENSE AGREEMENT
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. BY USING
THIS PRODUCT AND/OR SERVICES AND/OR SPEEDBIT WEB SITES
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, FTP BROWSER, ADD-ONS,
UPGRADES OR UPDATES AND RELATED MATERIALS (THE "PRODUCT")
AND ALL SERVER-SIDE RELATED SERVICES SUCH AS, BUT NOT LIMITED
TO : THE ALWAYS RESUME SERVICE, THE MIRROR SEARCH SERVICE,
POPULAR DOWNLOADS SERVICE, ALTERNATE LINK SERVICE, REVIEWS
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 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.
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/LEGAL/DAPLICENSEANDPRIVACY.ASP
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. 6,339,785, 6,377,974 AND
6,606,646. OTHER PATENTS PENDING.
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, 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 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: [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 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, functional and/or content and/or services
tabs (i.e.: Games tab, Shopping tab), desktop shortcut
icons (i.e.: DAP shortcut icon, DAP Games Center shortcut
icon) 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, 6,377,974 AND 6,606,646,
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.
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 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.
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.
Mirror Search Service
When using the Product, you are powered with the Mirror
Search service that is designed to improve your downloads
by providing you 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. Your download request will be then directed
to the most responsive Mirror Server and so you can enjoy
a faster download.
In order to search for the most responsive Mirror Servers
for the file you wish to download, an anonymous query (that
has no personally identifiable information about you) will
be made to SpeedBit’s Mirror Servers Directory, containing
file related information such as: file name, file size
and the download URL of the requested file ("Download
Locations"). Such Download Locations are added to
SpeedBit’s Mirror Servers Directory and may be made
available to other users using the Product or Services.
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, your
download 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.
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), (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, and
(iiii) through the "FTP Browser" which enables
you to access and download files from FTP sites), and (iiiii)
through the "Subscription" functionality, which
enables you to subscribe to various content channels, such
as: games, movies, software, music, as may be available
from time to time. 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.
Advanced Triggering feature
The Product powers users of IE browser with an optional
Advanced Trigging feature ('Use advanced triggering' at
the Configuration screen), allowing the triggering of download
links that may not be triggered due to various web sever
settings.
The advanced triggering feature is disabled in the Product
default setting, and may be enabled only if you choose
to check the respective check box.
Please note that if you choose to activate the Advanced
Triggering feature, the Product will integrate a BHO (Browser
Helper Object) into the IE browser, solely for the purpose
of enabling the Advanced Triggering feature.
In addition, please note that, in some cases, the Advanced
Triggering feature may trigger the download of files that
may have not meant to be downloaded (such as: CAB files).
If you choose to activate the Advanced Triggering feature,
you may, at any time, disable it by clearing the respective
check box at the Configuration screen; the triggering of
the above mentioned files will be stopped and the BHO integration
will be removed.
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, Alternate links and Reviews services) 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
During the use of the Product, Services and/or Add-Ons,
you may be shown advertising, marketing offers, and other
promotional information, made available by SpeedBit or
by third parties.
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 DAP registered version 'Premium')
or Services (such as the Always Resume service packages)
(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
("Code"). Speedbit shall issue you a unique Code
for the registration process. The 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 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 Code. Speedbit shall not
be liable for any harm related to the theft of your Code,
any disclosure of your Code, or your authorization to allow
another person or entity to access and use the Product
or Service using your Code. You agree to immediately notify
Speedbit of any unauthorized use of your 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 or by the posting
of such termination notice on SpeedBit's website - www.speedbit.com.
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 the terms of this Agreement.
Upon termination, you shall destroy all copies of the 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 during the Service period you paid for, 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.
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 eligible courts of Haifa 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.
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