BitTorrent DNA End User License Agreement (EULA)

The following EULA is presented whenever the DNA client is freshly installed:

By accepting this agreement or by installing DNA, you agree to the following BitTorrent-specific terms, notwithstanding anything to the contrary in this agreement.

1. License. Subject to your compliance with these terms and conditions, BitTorrent grants you a royalty-free, non-exclusive, non-transferable license to use DNA, solely for your personal, non-commercial purposes. BitTorrent reserves all rights in DNA not expressly granted to you here.

2. Restrictions. The source code, design, and structure of DNA are trade secrets. You will not disassemble, decompile, or reverse engineer it, in whole or in part, except to the extent expressly permitted by law. You will not use DNA for illegal purposes. You will comply with all export laws. DNA is licensed, not sold.

3. The DNA Technology.

3.1 Downloading and Updates. DNA downloads only those files that are both authorized by you for download (specifically or by category or subscription) and come from partners approved by BitTorrent, except that DNA automatically updates itself.

3.2 Automatic Uploading. DNA accelerates downloads by enabling your computer to grab pieces of files from other DNA users simultaneously. YOUR USE OF THE DNA SOFTWARE TO DOWNLOAD FILES WILL, IN TURN, ENABLE OTHER USERS TO DOWNLOAD PIECES OF THOSE FILES FROM YOU, thereby maximizing download speeds for all users. Only files that you recently downloaded will be made available to others. YOU CONSENT TO OTHER USERS’ USE OFUTILIZING YOUR NETWORK CONNECTION TO DOWNLOAD PORTIONS OF SUCH FILES FROM YOU. DNA has been designed to automatically minimize its impact on other applications that share your network connection, whether they reside on your computer or on others. At any time, you may uninstall DNA or In addition, you can disable DNA it through a control panel setting without affecting any files you have already downloaded or uninstall it through the Add/Remove Programs control panel.

4. Disclaimer of Warranty. BitTorrent disclaims any responsibility for harm resulting from DNA or any software or content downloaded using DNA, whether or not BitTorrent approved such software or content. BitTorrent approval does NOT guarantee that software or content from an approved partner will function, sound, or appear as offered or hoped, or be complete, accurate, or free from bugs, errors, viruses, or other harmful content. BITTORRENT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE REGARDING THE DNA SOFTWARE OR ANY SOFTWARE OR CONTENT YOU DOWNLOAD USING THE DNA SOFTWARE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BITTORRENT OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. Some jurisdictions do not allow certain limitations on implied warranties, so the above limitation may not apply to you to its full extent.

5. Limitation of Liability. BITTORRENT’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO $50.00. IN NO EVENT AND UNDER NO THEORY OF LIABILITY WILL BITTORRENT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE WHETHER OR NOT BITTORRENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL SURVIVE EVEN IF ANY LIMITED REMEDY SPECIFIED IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you to its full extent.

6. U.S. Government Users. DNA is “commercial computer software” any use of which by or on behalf of the U.S. Government is subject to the restrictions herein. Manufactured by BitTorrent, Inc.

7. General. These BitTorrent terms will be governed by and construed in accordance with the laws of California, USA, without regard to conflicts of law rules. The United Nations Convention on Contracts for the International Sale of Goods will not apply. The failure by either party to enforce any provision will not constitute a waiver. Any waiver, modification, or amendment of the BitTorrent terms will be effective only if signed. If any provision is held to be unenforceable, it will be enforced to the maximum extent possible and will not diminish other provisions. BitTorrent may make changes to these terms from time to time. When these changes are made, BitTorrent will make a new copy of the terms available at www.bittorrent.com . You understand and agree that if you use DNA after the date on which the terms have changed, BitTorrent will treat your use as acceptance of the updated terms. You agree that BitTorrent may provide you with notices, including those regarding changes to the terms, by postings on www.bittorrent.com . This is BitTorrent’s complete and exclusive understanding with you regarding your use of DNA as an end user.

8. Contact. If you have any questions, please visit the Knowledge Base (http://support.bittorrent.com/) or email help@bittorrent.com.

IF YOU AGREE TO THE FOREGOING TERMS AND CONDITIONS AND DESIRE TO INSTALL AND USE THE DNA CLIENT, PLEASE CLICK THE “I ACCEPT” BUTTON BELOW. OTHERWISE, PLEASE CLICK THE “I DO NOT ACCEPT” BUTTON AND THE DOWNLOAD, INSTALLATION, OR STARTUP PROCESS WILL STOP.

I ACCEPT

I DO NOT ACCEPT