End User License Agreement (EULA)
Date of last revision August 1, 2021
By accepting this agreement or by installing BitTorrent or uTorrent or other software offered by or on behalf of Rainberry, Inc. (the "Software") or by clicking "Install" or similar language, you agree to the following terms, notwithstanding anything to the contrary in this agreement. If you do not agree with any term or condition, do not download, order, open, install or use the Software or product package.
Subject to your compliance with these terms and conditions, Rainberry, Inc. grants you a royalty-free, non-exclusive, non-transferable license to use the Software, solely for your personal, non-commercial purposes. Notwithstanding the foregoing, the BitTorrent Play Software includes FFmpeg software under the GNU LGPL v 2.1 license and the utWeb Software includes FFmpeg software under the GNU LGPL v.2.1 license, software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/) and libtorrent software under the license at https://github.com/arvidn/libtorrent/blob/master/LICENSE (the “Other Software”), which, notwithstanding anything to the contrary, is licensed to you under those respective licenses and not under the license from Rainberry, Inc.). Rainberry, Inc. reserves all rights in the Software (excluding the Other Software) not expressly granted to you here.
The source code, design, and structure of the Software (excluding the Other Software) 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, or distribute it. You will not use the Software for illegal purposes. You will comply with all export laws. The Software is licensed, not sold.
The BitTorrent Applications
Downloading and Updates
The BitTorrent and uTorrent software are peer-to-peer file distribution applications distributed by Rainberry, Inc. (“BitTorrent Applications”). The BitTorrent Applications download only those files that are both authorized by you for download (specifically or by category or subscription), except that the Software automatically updates itself.
The BitTorrent Applications accelerate downloads by enabling your computer to grab pieces of files from other BitTorrent users simultaneously. Your use of the BitTorrent Applications 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 the BitTorrent Applications, only files that you are explicitly downloading or sharing or have downloaded or shared through BitTorrent Applications will be made available to others. You consent to other users' use of your network connection to download portions of such files from you. At any time, you may uninstall the Software through the Add/Remove Programs control panel utility. In addition, for the BitTorrent Applications, you can control the Software in multiple ways through its user interface without affecting any files you have already downloaded.
Disclaimer of Warranty
Rainberry, Inc. disclaims any responsibility for harm resulting from the BitTorrent Applications or any software or content downloaded using the Software, whether or not Rainberry, Inc. approved such software or content. Rainberry, 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. Rainberry, 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 Software or any software or content you download using the BitTorrent Applications. No advice or information, whether oral or written, obtained from Rainberry, 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.
Limitation of Liability
Rainberry, 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 Rainberry, 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 Rainberry, 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.
U.S. Government Users
The Software 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 Rainberry, Inc.
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