BitTorrent End User License Agreement

BitTorrent is a peer-to-peer file sharing application distributed by BitTorrent, Inc.

BitTorrent DNA is a content distribution service provided by BitTorrent, Inc.

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

1. 1. License

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

2. 2. Restrictions

   The source code, design, and structure of BitTorrent and BitTorrent 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 BitTorrent or BitTorrent DNA for illegal purposes. You will comply with all export laws. BitTorrent and BitTorrent DNA are licensed, not sold.

3. 3. The BitTorrent and BitTorrent DNA Technologies

   1. 3.1 Downloading and Updates

      BitTorrent and BitTorrent DNA download only those files that are both authorized by you for download (specifically or by category or subscription) and in the case of BitTorrent DNA come from partners approved by BitTorrent, Inc., except that BitTorrent and BitTorrent DNA automatically update themselves.

   2. 3.2 Automatic Uploading

      BitTorrent and BitTorrent DNA accelerate downloads by enabling your computer to grab pieces of files from other BitTorrent and BitTorrent DNA users simultaneously. Your use of the Bittorrent and Bittorrent 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. In BitTorrent, only files that you are explicitly downloading or sharing (seeding) will be made available to others. In BitTorrent DNA, only files that you recently downloaded will be made available to others. You consent to other usersí use of your network connection to download portions of such files from you. BitTorrent 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 BitTorrent and/or BitTorrent DNA through the Add/Remove Programs control panel utility. In addition, you can control BitTorrent in multiple ways through its user interface, and you may disable BitTorrent DNA through a DNA control panel utility without affecting any files you have already downloaded.

4. 4. Disclaimer of Warranty

   BitTorrent, Inc. disclaims any responsibility for harm resulting from BitTorrent, BitTorrent DNA or any software or content downloaded using BitTorrent or BitTorrent DNA, whether or not BitTorrent, Inc. approved such software or content. BitTorrent, Inc. 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 Inc 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 Bittorrent or Bittorrent DNA software or any software or content you download using the Bittorrent or Bittorrent dna software. No advice or information, whether oral or written, obtained from BitTorrent Inc 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. 5. Limitation of Liability

   BitTorrent Inc'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 Inc 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 Inc 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. 6. U.S. Government Users

   BitTorrent and BitTorrent DNA are 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. 7. General

   These BitTorrent, Inc. 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, Inc. 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, Inc. may make changes to these terms from time to time. When these changes are made, BitTorrent, Inc. will make a new copy of the terms available at www.bittorrent.com. You understand and agree that if you use BitTorrent or BitTorrent DNA after the date on which the terms have changed, BitTorrent, Inc. will treat your use as acceptance of the updated terms. You agree that BitTorrent, Inc. may provide you with notices, including those regarding changes to the terms, by postings on www.bittorrent.com. This is BitTorrent, Inc.'s complete and exclusive understanding with you regarding your use of BitTorrent or BitTorrent DNA as an end user.

8. 8. Contact

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