End User License Agreement (EULA)
µTorrent Classic Pro and/or BitTorrent Classic Pro
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT ("LICENSE AGREEMENT") CAREFULLY BEFORE USING THE SOFTWARE (AS DEFINED BELOW). BITTORRENT, INC. ("BITTORRENT") IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERENCED BELOW AS "YOU" OR "YOUR") ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND BITTORRENT. BY CLICKING THE "I AGREE" OR "YES" BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR INSTALLING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, CLICK THE "I DO NOT AGREE", "CANCEL" OR "NO" OR "CLOSE WINDOW" BUTTON OR OTHERWISE INDICATE REFUSAL, DO NOT DOWNLOAD, ORDER, OPEN, INSTALL OR USE THE SOFTWARE, AND CONTACT YOUR VENDOR AT firstname.lastname@example.org OR BITTORRENT CUSTOMER SERVICE, USING THE CONTACT DETAILS IN SECTION 10 OF THIS LICENSE AGREEMENT, FOR INFORMATION ON HOW TO OBTAIN A REFUND OF THE MONEY YOU PAID FOR THE SOFTWARE (LESS SHIPPING, HANDLING, AND ANY APPLICABLE TAXES EXCEPT IN CERTAIN STATES AND COUNTRIES WHERE SHIPPING, HANDLING, AND TAXES ARE REFUNDABLE) AT ANY TIME DURING THE SEVEN (7) DAY PERIOD FOLLOWING THE DATE OF PURCHASE. IN ADDITION, THE SOFTWARE INCORPORATES AN ANTI-VIRUS APPLICATION CREATED BY BITDEFENDER, SRL ("BITDEFENDER") OR OTHER ANTI-VIRUS APPLICATION. USE OF BITDEFENDER IS SUBJECT TO THE BITDEFENDER END USER LICENSE AGREEMENT TERMS, WHICH TERMS ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS AND STATED AT THE BOTTOM OF THESE TERMS. LICENSEE ALSO CONSENTS TO BITTORRENT'S USE OF THE E-MAIL ADDRESS PROVIDED BY LICENSEE TO COMMUNICATE WITH LICENSEE ABOUT THE SOFTWARE AND ANY FUTURE VERSIONS OR VARIATIONS THEREOF, INCLUDING BUT NOT LIMITED TO INFORMATION ABOUT A RENEWAL LICENSE IN CONNECTION WITH THE EXPIRATION OR TERMINATION OF THE SERVICE PERIOD HEREUNDER.
The software (including all its accompanying features and services) and any software documentation (the "Documentation") that accompanies this License Agreement (collectively the "Software") is the property of BitTorrent or its licensors, and is protected by copyright law. Although BitTorrent continues to own the Software, after Your acceptance of this License Agreement, You will have certain rights to use the Software during the Service Period under the terms of this License Agreement. The "Service Period" shall begin on the date of Your initial installation of a copy of the Software, and shall last for the period of time for which you have fully paid for the subscription, as set forth in the applicable transaction documentation from the authorized distributor or reseller from which You obtained the Software, subject to the terms of this License Agreement. The Software may automatically deactivate and become non-operational at the end of the Service Period, and You will not be entitled to receive any feature or content updates to the Software unless the Service Period is renewed.
This License Agreement governs any releases, revisions, updates or enhancements to the Software that BitTorrent may make available to You. Except as may be modified by the Documentation, and subject to BitTorrent’s right to terminate for Your breach pursuant to Section 10, Your rights and obligations under this License Agreement with respect to the use of this Software are as follows.
During the Service Period, You may:
A. use one copy of the Software on a single computer;
B. make one copy of the Software for back-up or archival purposes, or copy the Software onto the hard disk of Your computer and retain the original for back-up or archival purposes; and
C. use the Software on a network, provided that You have a licensed copy of the Software for each computer that can access the Software over that network.
You may not, nor may You permit any other person to:
A. sublicense, rent, lease or transfer any portion or all of the Software;
B. reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software or create derivative works from the Software;
C. use the Software as part of a facility management, timesharing, service provider or service bureau arrangement; or
D. use the Software in any manner that is not permitted pursuant to this License Agreement.
2. Software Feature and Content Updates:
A. You shall have the right to receive new features to the Software as BitTorrent, in its sole discretion, makes such features available with the Software during Your Service Period. BitTorrent continually strives to improve the usability and performance of its products and services. In order to optimize the Software BitTorrent may, at its discretion and without notice, add, modify or remove features from the Software at any time.
3. Product Installation; Required Activation:
There may be technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that BitTorrent may use these measures to protect BitTorrent against software piracy. This Software may contain enforcement technology that limits the ability to install and uninstall the Software on a computer to not more than a finite number of times for a finite number of computers. This License Agreement and the Software containing enforcement technology may require activation. If so, the Software will only operate for a finite period of time prior to Software activation by You. During activation, You may be required to provide Your unique activation code accompanying the Software and computer configuration in the form of an alphanumeric code over the Internet to verify the authenticity of the Software. If You do not complete the activation within the finite period of time, or as prompted by the Software, the Software will cease to function until activation is complete; at which time the Software functionality will be restored. In the event that You are not able to activate the Software over the Internet, or through any other method specified during the activation process, You may contact BitTorrent Customer Support using the information provided by BitTorrent during activation, or as set forth below.
4. Technical Support:
In connection with Your use of the Software, You may choose to access certain technical support features that may be offered, which may include e-mail support (any such technical support shall be referred to in this License Agreement as the "Technical Support"). Any such Technical Support shall be provided in BitTorrent’s sole discretion without any guarantee or warranty of any kind. It is solely Your responsibility to complete a backup of all Your existing data, software and programs before receiving any Technical Support. In the course of providing the Technical Support, BitTorrent may determine that the technical issue is beyond the scope of the Technical Support. BitTorrent reserves the right to refuse, suspend or terminate any of the Technical Support in its sole discretion.
5. Privacy; Data Protection:
From time to time, the Software may collect certain information from the computer on which it is installed, which may include:
- Status information regarding installation and operation of the Software. This information indicates to BitTorrent whether installation of the Software was successfully completed as well as whether the Software has encountered an error. The status information could contain personally identifiable information only if such information is included in the name of the file or folder encountered by the Software at the time of installation or error. The status information may be collected by BitTorrent for the purpose of evaluating and improving BitTorrent’s product performance and installation success rate. BitTorrent may also use this information to optimize its web-pages.
- Information contained in a report that You may choose to send to BitTorrent through the Software when the Software encounters a problem. The report includes information regarding the status of both the Software and Your computer at the time that the Software encountered the problem. The status information about Your computer may include the system language, country locale, and the operating system version for Your computer, as well as the processes running, their status and performance information, and data from files or folders that were open at the time the Software encountered the problem. The information could contain personally identifiable information if such information is included in, or is a part of the name of the files or folders open at the time the Software encountered the problem. This information will be sent to BitTorrent only with Your permission and will not be sent automatically. The information is collected by BitTorrent for the purpose of correcting the encountered problem and improving BitTorrent’s product performance.
- The Internet Protocol (IP) address and/or Media Access Control (MAC) address and the Machine ID of the computer on which the Software is installed to enable the Software to function and for license administration purposes.
- Other general, statistical information used for product analysis, and for improving product functionality.
Information may be transferred to the BitTorrent group in the United States or other countries that may have less protective data protection laws than the region in which You are situated (including the European Union) and may be accessible by BitTorrent employees or contractors exclusively to be used in accordance with the purposes described above. For the same purposes the information may be shared with partners and vendors that process information on behalf of BitTorrent. BitTorrent has taken steps so that the collected information, if transferred, receives an adequate level of protection. Subject to applicable laws, BitTorrent reserves the right to cooperate with any legal process and any law enforcement or other government inquiry related to your use of this Software. This means that BitTorrent may provide documents and information relevant to a court subpoena or to a law enforcement or other government investigation.
6. Limited Warranty
BitTorrent warrants that any media manufactured by BitTorrent on which the Software is distributed, if any, will be free from defects for a period of sixty (60) days from the date of delivery of the Software to You. Your sole remedy in the event of a breach of this warranty will be that BitTorrent will, at its option, replace any defective media returned to BitTorrent within the warranty period or refund the money You paid for the Software. BitTorrent does not warrant that the Software will meet Your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free. For the avoidance of doubt, references to "Software" in the foregoing sentence shall include, but not be limited to, Technical Support.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
7. Disclaimer of Damages
SOME STATES AND COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL BITTORRENT OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING BUT NOT LIMITED TO USE OF TECHNICAL SUPPORT) EVEN IF BITTORRENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL BITTORRENT’S OR ITS LICENSORS’ LIABILITY EXCEED THE PURCHASE PRICE WHICH YOU PAID FOR THE APPLICABLE SERVICE PERIOD. The disclaimers and limitations set forth above will apply regardless of whether You accept the Software.
8. U.S. Government Restricted Rights
For U.S. Government procurements, the Software is deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 "Commercial Computer Software - Restricted Rights" and DFARS 227.7202, "Rights in Commercial Computer Software or Commercial Computer Software Documentation", as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
9. Export Regulation
You acknowledge that the Software and related technical data and services (collectively "Controlled Technology") may be subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where Controlled Technology is imported or re-exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required. All BitTorrent product is prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. USE OR FACILITATION OF BITTORRENT PRODUCT IN CONNECTION WITH ANY ACTIVITY INCLUDING, BUT NOT LIMITED TO, THE DESIGN, DEVELOPMENT, FABRICATION, TRAINING, OR TESTING OF CHEMICAL, BIOLOGICAL, OR NUCLEAR MATERIALS, OR MISSILES, DRONES, OR SPACE LAUNCH VEHICLES CAPABLE OF DELIVERING WEAPONS OF MASS DESTRUCTION IS PROHIBITED, IN ACCORDANCE WITH U.S. LAW.
This License Agreement will be governed by the laws of the State of California, United States of America. This License Agreement is the entire agreement between You and BitTorrent relating to the Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. Notwithstanding the foregoing, nothing in this License Agreement will diminish any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction that may not be waived by contract. The Service Period and this License Agreement shall terminate upon Your breach of any term contained in this License Agreement and You shall cease use of and destroy all copies of the Software and Documentation. The disclaimers of warranties and damages and limitations on liability shall survive termination. This License Agreement may only be modified by the Documentation or by a written document that has been signed by both You and BitTorrent. Should You have any questions concerning this License Agreement, or if You desire to contact BitTorrent for any reason, please write to BitTorrent Customer Service, 301 Howard Street, Suite 2000, San Francisco, CA 94105 U.S.A. or visit the Support Center page at http://help.utorrent.com, in the case of µTorrent Classic Pro/Plus, or http://help.bittorrent.com, in the case of BitTorrent Classic Pro/Plus.
BitDefender End User License Agreement
This End User License Agreement ("EULA") governs use of software ("Software") from BitDefender, SRL ("BitDefender") distributed by OEM. References to "End User" in this EULA refer to any entity or individual which has obtained a copy of the Software from OEM.
Subject to all of the terms and conditions of this EULA, OEM grants to End User a non-transferable, non-sublicensable, non-exclusive license to use the object code form of the Software internally, but only in accordance with the technical specification documentation generally made available with the Software and this EULA. "Software" shall also include any documentation and any support and maintenance releases of the same Software provided to End User. Application Software
You may install and use the Software, on as many computers as necessary with the limitation imposed by the total number of licensed users. You may make one additional copy for back-up purpose.
Term of License
The license granted hereunder shall commence on the purchasing date of the Software and shall expire at the end of the period for which the license is purchased.
End User shall not (and shall not allow any third party to): (a) decompile, disassemble, or otherwise reverse engineer the Software or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the Software by any means whatsoever (except and only to the extent that applicable law prohibits or restricts reverse engineering restrictions, and then only with prior written notice to BitDefender); (b) distribute, sell, sublicense, rent, lease or use the Software (or any portion thereof) for time sharing, hosting, service provider or like purposes; (c) remove any product identification, proprietary, copyright or other notices contained in the Software; (d) modify or create a derivative work of any part of the Software; or (e) publicly disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the Software.
Notwithstanding anything to the contrary contained herein, except for the limited license rights expressly provided herein, OEM and its suppliers have and will retain all rights, title and interest (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Software and all copies, modifications and derivative works thereof. End User acknowledges that it is obtaining only a limited license right to the Software and that irrespective of any use of the words "purchase", "sale" or like terms hereunder no ownership rights are being conveyed to you under this Agreement or otherwise. End User acknowledges that BitDefender has a substantial interest in the Software and that if this EULA is not directly with BitDefender then BitDefender is a third party beneficiary to this EULA.
If requested, End User shall certify in writing that End User is using the Software for the number of servers, with the number of copies, on the system configuration and at the site agreed upon by the parties (as applicable). End User agrees that no more than once annually its use of the Software may be audited by OEM or BitDefender (or and independent auditor work on such party’s behalf) during normal business hours upon reasonable advance written notice for the purpose of verifying End User’s compliance with this EULA.
End User acknowledges that, it may obtain information relating to the Software or BitDefender, including, but not limited to, any code, technology, know-how, ideas, algorithms, testing procedures, structure, interfaces, specifications, documentation, bugs, problem reports, analysis and performance information, and other technical, business, product, and data ("Confidential Information"). End User shall not disclose Confidential Information to any third party or use Confidential Information for any purpose other than the use of the Software as licensed under the EULA.
THE SOFTWARE IS PROVIDED "AS IS" AND NO WARRANTIES ARE MADE TO ANY PERSON OR ENTITY WITH RESPECT TO THE SOFTWARE OR ANY SERVICES AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Damages and Remedies
IN NO EVENT SHALL ANY PARTY BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SOFTWARE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE TOTAL LIABILITY OWING TO END USER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LIABILITY ARISING OUT OF CONTRACT, TORT, BREACH OF WARRANTY, INFRINGEMENT OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE FEES PAID BY END USER WITH RESPECT TO THE SOFTWARE. NO PARTY SHALL BE LIABLE FOR LOSS OR INACCURACY OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SYSTEM DOWNTIME, FAILURE OF SECURITY MECHANISMS, GOODWILL, PROFITS OR OTHER BUSINESS LOSS, REGARDLESS OF LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE PARTIES AGREE THAT THE LIMITATIONS OF THIS SECTION ARE ESSENTIAL AND THAT END USER WOULD NOT BE PERMITTED TO USE THE SOFTWARE ABSENT THE TERMS OF THIS SECTION. THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY REMEDY SPECIFIED IN THIS EULA SHALL BE FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THIS SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. THIS SOFTWARE IS NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE.
End User acknowledges that the Software is subject to export restrictions by the United States government and import restrictions by certain foreign governments. End User shall not and shall not allow any third-party to remove or export from the United States or allow the export or re-export of any part of the Software or any direct product thereof: (i) into (or to a national or resident of) any embargoed or terrorist-supporting country; (ii) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals; (iii) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (iv) otherwise in violation of any export or import restrictions, laws or regulations of any United States or foreign agency or authority. End User agrees to the foregoing and warrants that it is not located in, under the control of, or a national or resident of any such prohibited country or on any such prohibited party list. The Software is further restricted from being used for the design or development of nuclear, chemical, or biological weapons or missile technology, or for terrorist activity, without the prior permission of the United States government.
The Software is commercial computer software. If the user or licensee of the Software is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Software, or any related documentation of any kind, including technical data and manuals, is restricted by a license agreement or by the terms of this EULA in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. The Software was developed fully at private expense. All other use is prohibited.
This EULA and all related actions and proceedings shall be governed by the laws of the State of California and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. Termination and Survival
Upon any termination of this EULA, End User shall immediately cease use of the Software and remove all Software from its systems. The terms set forth in the sections entitled Restrictions, Ownership, Confidentiality, Warranty Disclaimer, Limitation of Damages and Remedies shall survive any termination of this EULA.