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Please read this End User License Agreement ("Agreement") carefully before choosing the "I Agree" option. By choosing "I Agree," you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, then Musiclab, LLC ("Musiclab") is unwilling to license the Software to you, and you should not use the Software. By installing, downloading, copying, or otherwise using the Software, you acknowledge that you have read these terms and conditions, understand them, and agree to be bound by them. If you do not agree to these terms and conditions, you are not authorized and may not use the Software.
This Agreement applies to but all versions of the BearFlix software, all future updates and modifications to the BearFlix software, the BearFlix installer, all executables, all documentation, and logos, trademarks, services marks and trade names ("Software"). The Software is subject to copyrights and trademarks and is distributed to you under license to Musiclab. The Software is licensed to you for use only under the terms set forth in this Agreement. Musiclab reserves any right not expressly granted in this Agreement. You own or may own the media on which the Software is stored, but Musiclab and its licensors retain title to the Software. By installing the Software you assume sole responsibility for the installation, use and results obtained from use of the Software.
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License
This Agreement is only a license to use the Software. It is not a transfer of title to the Software. Musiclab grants you a limited, non-exclusive license during the Term to do only the following:
- Download, and install the Software on a single computer for your personal, non-commercial use.
- Use the Software, but only in accordance with the terms of this Agreement.
- Make one copy of the Software in machine-readable form solely for backup or archival purposes for the computer on which the Software is installed. The Software is copyrighted and protected by law and international treaty. As an express condition of the license granted by this Agreement, you agree to reproduce this Agreement with such backup copy as well as any other copyright notice and proprietary legends accompanying the original Software supplied by Musiclab.
- Transfer the Software and all rights under this License to another party provided you transfer a copy of this Agreement and all written materials accompanying the Software to such other party and such other party reads and agrees to accept the terms and conditions of this Agreement.
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Restrictions
The following companies, individuals, entities, and their affiliates, subsidiaries, employees, officers, and directors are prohibited from installing, downloading, copying, or otherwise using the Software:
- MediaForce, Inc.
New York, NY U.S.A
Tel: 212-925-9997
Fax: 973-543-5031
www.mediaforce.com
- Mediadefender, Inc.
555 West 5th St, Suite 3500
Los Angeles, Ca 90013
www.mediadefender.com
- Cyveillance, Inc.
1555 Wilson Blvd., Suite 404
Arlington, VA 22209-2405
Tel: 703.351.1000
Fax: 703.312.0536
www.cyveillance.com
- SK Group
SK Corporation
Overpeer, Inc.
110 E. 55th Street
New York, NY 10022
Tel: 212-906-8173
www.sk.com
The license granted under this Agreement prohibits you from doing any of the following:
- Sublicensing, assigning, or distributing copies of the Software to others.
- Decompiling, reverse engineering, disassembling, or otherwise reducing the Software to a human readable form.
- Circumvent any means of protection or disabling mechanism to prevent unauthorized access to the Software after the expiration or termination of the license.
- Decompiling, reverse engineering, disassembling, or otherwise manipulating the software or the program to gain access to the cryptographic proprietary algorithms of the Software, such as the authenticated host connections, the digital signatures, authenticated downloads, authenticated uploads, and hostile host detection.
- Modifying, copying, reproducing, adapting, translating, renting, leasing, loaning, selling, distributing, or otherwise assigning or transferring the Software, or creating derivative works based upon the Software or any part thereof, except as expressly provided in this Agreement.
- Using the Software for any commercial purpose or public display or performance.
- Removing any copyright notice, trademark, or proprietary legend included in the Software.
- Restricting or inhibiting any other user from using and enjoying their rights to use the Software.
- Harvesting, logging, or otherwise collecting information about other users, including, personal data, IP addresses, e-mail addresses, time and dates of transmissions, search result requests, downloads, and uploads.
- Violating any applicable laws or regulations, including any patent, trademark, trade secret, copyright, or other proprietary rights of a third party.
- Advertising, offering to sell any goods or services, or attempting to drive traffic to an unauthorized third party web site through the software.
- Impersonating any person or entity by falsely stating or otherwise misrepresenting your identity, affiliation or any other misrepresentation.
- Forging or hiding headers or otherwise manipulating identifiers in order to disguise the origin of any content downloaded, uploaded, or any search results transmitted.
- Forging or hiding the identity of a Software servant, Software digital signature, Software authentication download/upload challenge or response, or a host identified in the hostile host detection list.
- Transmitting any material that contains a virus or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- Interfering with or disrupting the service, servers, or network that this Software connects with by posting false information or data.
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Protection and Security
You agree to use your best efforts and to take all reasonable steps to safeguard the Software to ensure that no unauthorized person(s) shall have access thereto and that no unauthorized copy, publication, disclosure or distribution in whole or in part, in any form, shall be made. You acknowledge that the Software contains valuable confidential information and trade secrets and that unauthorized use and/or copying are harmful to Musiclab and its licensors.
- Use of the Software
Musiclab respects the rights of copyright owners to control commercial uses of their material. The Software enables users to connect to, download files from and share files over public and private Gnutella networks. By using the Software you acknowledge that you are responsible for complying with all federal and state laws applicable to the content you download and share using the Software, including copyright laws. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works may be an infringement of the copyright holders' rights in certain circumstances. You acknowledge that any liability for such infringement lies solely with you. You agree to indemnify and hold Musiclab, its parents, subsidiaries, affiliates, successors, officers, directors and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the Software.
By using the Software you acknowledge that you are aware that some files available on the public or private Gnutella networks accessible through the Software may have been created or distributed without the authorization of the copyright owner or as authorized by law. As a condition to the license granted under this Agreement, you agree that you will not use the Software to infringe the copyrights or other intellectual property rights of others in any way. Musiclab reserves the right to terminate the license granted under this Agreement in appropriate circumstances upon any single infringement of the rights of others in conjunction with use of the Software or if Musiclab believes the your conduct is harmful to the interests of Musiclab, its affiliates, or other users; or for any other reason in Musiclab's sole discretion, with or without cause. Furthermore, Musiclab reserves the right to block access, remove or prevent downloading of certain files or types of files, without notice to You, at its sole discretion and at any time.
As a condition to your use of the Software, you agree that you will not use the Software (i)to invade the privacy of, obtain the identity of, or obtain any personal information about (including but not limited to IP addresses of) any other user of the Software, or to modify, erase or damage any information contained on the computer of any other user of the Software; (ii)to infringe the intellectual property rights of others in any way; (iii)to "stalk" or otherwise harass others; (iv)to collect or distribute child pornography or other obscene or illegal material; or (v)promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals or (vi)to engage in any other illegal activities such as treason or terrorism (this may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons).
The Software may collect anonymous aggregate information for general statistical analysis purposes. However, the Software does NOT collect any personally identifiable information such as a name, an e-mail address, or a unique ID, ensuring complete anonymity for users.
- Termination
The license granted under this Agreement is effective until terminated. Musiclab may terminate this Agreement and any license granted hereunder at any time, without notice from Musiclab, even if other users continue to be permitted to access the Software. This Agreement will further terminate immediately without notice from Musiclab if you fail to comply with any of the provisions of this Agreement or agree to accept any updates to the Software pursuant to Section 8 hereof. Upon termination you must destroy any versions of the Software and copies thereof. You may terminate this Agreement at any time by ceasing to use the Software and permanently destroying and erasing each copy of the Software from your computer.
- Disclaimer of Warranties
THIS SOFTWARE IS PROVIDED BY MUSICLAB 'AS IS'. MUSICLAB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. MUSICLAB DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, AVAILABILITY OR OTHERWISE.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you. If you are dissatisfied with any portion of the Software, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Software and terminate the license granted pursuant to this Agreement.
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Limitation of Liability
In no event shall Musiclab or its parents, subsidiaries, affiliates, successors, officers, directors and employees be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this Software, even if advised of the possibility of such damage. Musiclab has no control over any information or data sent or received on any Gnutella network, public or private, accessible through the Software. Musiclab makes no guarantees as to such information and data. You acknowledge that content obtained through any Gnutella network in no way implies endorsement or liability by Musiclab. Musiclab, its parents, subsidiaries, affiliates, successors, officers, directors and employees, shall not, directly or indirectly, be liable, in any way, to you or any other person for the information or data you receive using the Software.
- Indemnity
You agree to defend, indemnify and hold harmless Musiclab and its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ arising from Your breach of this Agreement.
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Modifications to the Software
Musiclab may make changes and/or updates to the Software at any time, without any notice to you. You acknowledge and agree to accept and install any upgraded versions, releases, enhancements or fixes of the Software, and shall permit Musiclab to automatically electronically upgrade the version of the Software that you are using on your computer to the most current version. The license granted hereunder shall immediately terminate if you fail to accept any automatic upgrading of the Software or agree to the terms and conditions of this Agreement (as may be amended from time to time by notices posted on the BearFlix web site), and Musiclab shall be entitled to prevent your access to any prior versions of the Software.
- Governing Law
Musiclab makes no representations that the Software is appropriate or available for use in locations outside the United States of America. Those who download this Software from other jurisdictions do so at their own volition and are responsible for compliance with local law. You may not use or export this Software in violation of U.S. export laws and regulations. This Agreement and any and all claims relating to the Software shall be governed and construed in accordance with the laws of the State of New York, United States of America, without regard to or application of choice of law rules or principles. By using the Software, you agree to submit to the exclusive jurisdiction and venue of the state or federal courts located in New York County, State of New York in connection with any legal proceeding relating to use of the Software.
- Miscellaneous
This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof, and all prior proposals, Agreements, representations, statements and undertakings are hereby expressly cancelled and superseded. This Agreement may not be changed or amended except by a written instrument executed by a duly authorized officer of Musiclab.
Musiclab may amend the terms and conditions of this Agreement at any time by a notice on the BearFlix web site, which shall be binding upon you; accordingly, you are urged to visit the BearFlix web site periodically to review the then current and effective terms and conditions for use of the Software. Certain provisions of these terms and conditions may be superceded by expressly designated legal notices or terms located within the BearFlix web site.
No delay or failure to take action under these terms and conditions will constitute a waiver thereof by Musiclab unless expressly waived in writing by a duly authorized officer of Musiclab.
You may not assign or transfer this Agreement, including its obligations hereunder, except with the prior written consent of Musiclab. Musiclab may assign or transfer this Agreement, or its obligations hereunder, to any party without notice to You.
A determination that any provision or part of any provision in this Agreement is invalid or unenforceable shall not invalidate or impair any other provision in this Agreement.
- Intellectual Property
"BearFlix, The Power To Watch ", "Defender", and " Musiclab" are trademarks of Musiclab and may not be used without permission. Copyright in the Software is protected by law and international treaty.
By clicking the "I Agree" button below and installing this Software or using it, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.
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