Kazaan lisenssisopimus jne.

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- Kazaa Media Desktop (KMD) - lets you search for and share files.
Installs BullGuard P2P virus protection software, InstaFinder and
TopSearch licensed file index powered by Altnet. (Files in TopSearch
are marked with Gold Icons)


- Altnet PeerPoints Manager - issues points to your computer for sharing
licensed content, redeemable for premium content and chances to win.
Includes Altnet PeerPoints Components, My Search toolbar and Joltid's
P2P Networking.


- Kazaa Media Desktop is a free download which is supported by advertising
partners and applications. Cydoor services shows banners and
pop up ads within KMD.



End User License Agreement
Welcome! It is important that you carefully read these terms before installing
the Kazaa Media Desktop software. These terms when accepted by you form
a licence ("Licence") agreement between Sharman Networks Limited
("Sharman") and you ("You," "Your" Or "User") for the use of the Kazaa
Media Desktop software, including any and all versions or variations of the
Kazaa Media Desktop software, and any future fixes, updates and upgrades
provided to you (collectively, "Kazaa" or the "Software").

In order to use Kazaa, you must first read and accept the terms of this
Licence.

1. What You Can Do Under This Licence

1.1 Subject to all the terms of this Licence, Sharman grants you a limited,
non-exclusive, personal, non-sublicensable, non- assignable licence to install
and use Kazaa on a computer.

1.2 Unless explicitly stated otherwise, any new features that augment or
enhance the current Software, including the release of new properties, shall
be subject to terms of this Licence.

2. What You Can't Do Under This Licence

You agree not to use the Software to:

2.1 Transmit or communicate any data that is unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;

2.2 Harm minors in any way;

2.3 Impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity;

2.4 Forge headers or otherwise manipulate identifiers in order to disguise the
origin of any data transmitted to other users;

2.5 Transmit, access or communicate any data that you do not have a right
to transmit under any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under non-disclosure
agreements);

2.6 Transmit, access or communicate any data that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any party;

2.7 Transmit or communicate any data that contains software viruses 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;

2.8 Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;

2.9 Interfere with or disrupt the Software; 2.10 Intentionally or unintentionally
violate any applicable local, state, national or international law, including
securities exchange and any regulations requirements, procedures or
policies in force from time to time relating to the Software;

2.11 Monitor traffic or make search requests in order to accumulate
information about individual users;

2.12 "Stalk" or otherwise harass another;

2.13 Modify, delete or damage any information contained on the personal
computer of any Kazaa user;

2.14 Collect or store personal data or other information about other users; or

2.15 Intentionally make available spoofed files or files with information
designed to misidentify the actual content of the file.

3. More Do's and Don'ts

3.1 This Licence allows you to install and use Kazaa on a single computer.
This Licence does not permit you to install the Software on more than one
computer at a time. You may make copies of the Software in machine-
readable form for backup purposes only. The backup copy must include all
copyright information contained on the original.

3.2 Except as expressly permitted in this Licence, you agree not to reverse
engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan,
sublicense, make copies, create derivative works from, distribute or provide
others with the Software in whole or part, transmit or communicate the
application over a network.

3.3 You may not sell, transfer or communicate the Software to any third party
without our prior express written consent.

3.4 You may not use, test or otherwise utilize the Software in any manner for
purposes of developing or implementing any method or application that is
intended to monitor or interfere with the functioning of the Software.

3.5 You may not through the use of any third party software application, alter
or modify the values stored by the Software in your computer’s memory, on
your computer’s hard disk, or in your computer’s registry, or, with the
exception of completely uninstalling the Software, otherwise modify, alter or
block the functioning of the Software.

3.6 You may not use unlicensed or unauthorized copies of the Software to
obtain information about other users of the Software or for any other
purpose.

4. Things You Need To Know When Using Kazaa

4.1 You are responsible for paying all applicable taxes and other costs you
may incur in connection with your use of the Software including but not
limited to all hardware and software costs and providing all equipment and
software necessary to connect to our web site and to use the Software via
the Internet and any royalties or other charges relating to the use of data
owned by third parties.

4.2 Sharman may from time to time present programming fixes, updates and
upgrades to you, including version updates to the Software. You may accept
or reject such programming fixes, updates and upgrades to you, including
version updates at your sole discretion.

4.3 Installation. When you install the Software, the install program, e.g.
kmd260_en.exe, is saved to your My Shared Folder and shared out to other
users. You understand and agree that other users may download this file
from your computer and by doing so your Internet connection will be used. If
you do not want this to happen, you can delete the file or right click the file
and select 'Do Not Share This File'.

4.4 My Shared Folder. By saving a file in My Shared Folder, you understand
that it will be available for any other user of Kazaa and compatible programs.
These users may find your files and subsequently download them from you.
By doing so your Internet connection is being used.

The Software provides options regarding sharing:

* To disable sharing go to Tools->Options->Traffic and check Disable
Sharing

* To disable sharing of selected files right click the file in My Kazaa and
select Stop Sharing this file. The Kazaa program is a "peer-to-peer" program;
this means that it communicates with other peers (other Kazaa or compatible
programs). Other users may download files that you have stored in the My
Shared Folder and other folders you have selected to be shared. Don't share
files which are confidential, such as financial information, or which you do not
have the right to distribute.

While your copy of Kazaa is communicating with other peers it receives
information of the status of interconnected peers, that information is stored
on your computer.

4.5 SuperNode. Your copy of the Software may serve as a SuperNode. The
selection process is automated. When your computer is a SuperNode other
peers will upload an index of files they are sharing to your computer and they
will send search queries to your computer. Your computer will reply to these
requests and also forward the request to other SuperNodes.

If you do not want to serve as a SuperNode go to Tools -> Options ->
Advanced and check 'Do not function as a SuperNode'. When you are a
SuperNode your CPU and Internet connection is being used, but not more
than 10% of the resources will be used.

5. Things You Need To Do When Using Kazaa

5.1 It is your responsibility to ensure that you obtain all consents,
authorisations and clearances in any data owned or controlled by third
parties that you transmit, access or communicate to others using Kazaa.

5.2 Sharman will not be liable in any way:

5.2.1 for any errors or omissions in any data, or for any loss or damage of
any kind incurred as a result of any data transmitted via the Software; 5.2.2 if
you are exposed to data that is offensive, indecent or objectionable; or

5.2.3 for any allegations or findings of infringement of copyright or other
proprietary rights as a result of your use of the Software.

6. Copyright Infringement

6.1 Sharman respects copyright and other laws. Sharman requires all Kazaa
users to comply with copyright and other laws. Sharman does not by the
supply of the Software authorise you to infringe the copyright or other rights
of third parties.

6.2 As a condition to use the Software, you agree that you must not use the
Software to infringe the intellectual property or other rights of others, in any
way. The unauthorised reproduction, distribution, modification, public display,
communication to the public or public performance of copyrighted works is an
infringement of copyright.

6.3 Users are entirely responsible for their conduct and for ensuring that it
complies with all applicable copyright and data- protection laws. In the event
a user fails to comply with laws regarding copyrights, other intellectual
property rights, data-protection and privacy, such a user may be exposed to
civil and criminal liability, including possible fines and jail time.

7. Sharman's Right to Run Advertising without Payment to Users

7.1 Sharman reserves the right to run advertisements and promotions on
Kazaa.

7.2 By accepting the terms of this Licence, you agree that we have the right
to run such advertisements and promotions without compensation to you.

7.3 The timing, frequency, placement and extent of advertising by us within
the pages comprising kazaa.com or Kazaa is subject to change and shall be
determined by us at our sole discretion.

7.4 Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through kazaa.com or Kazaa,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser.

7.5 You agree that Sharman is not responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on Kazaa and/ or kazaa.com.

7.6 You agree, so long as you have not entirely deleted Kazaa from your
computer, not to take any action, including downloading other software, to
disable or block the display of advertising by the Software.

8. Links to Third-Party Sites and Channels

8.1 Sharman may provide links on Kazaa, kazaa.com or through icons
placed on your computer’s desktop upon installing the Software ("Icons") to
third-party websites, and/or may frame various third-party websites (or frame
within such sites) through the Software or on kazaa.com. Third-party
websites, including channels, which kazaa.com, Kazaa, or Icons may link to
or frame, may have co- branding and other relationships with Sharman that
offer e-commerce and other services and features to users, but are not under
the control of Sharman. Sharman does not have any responsibility or liability
for any information, data, communications, products or materials available on
such third-party sites. These linked and framed sites are only for your
convenience and you therefore access them at your own risk.

9. Third Party Software

9.1 During the process of installing Kazaa, you must install software from
third party software vendors pursuant to licences or other arrangements
between such vendors and yourself ("Third Party Software"), including
without limitation those software components noted in Section 9.4 below.
Please note that the Third Party Software may be subject to different licences
or other arrangements, which you should read carefully. By installing and
using this Third Party Software you accept these Third Party Software
licences or other arrangements and acknowledge that you have read them
and understand them. Sharman does not sell, resell, or license any of this
Third Party Software, and Sharman disclaims to the maximum extent
permitted by applicable law, any responsibility for or liability related to the
Third Party Software. Any questions, complaints or claims related to the
Third Party Software should be directed to the appropriate vendor.

9.2 SHARMAN MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND CONCERNING THE QUALITY, SAFETY OR SUITABILITY OF
THE THIRD PARTY SOFTWARE, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, OR NON-
INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL SHARMAN BE LIABLE FOR ANY
INDIRECT,PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES HOWEVER THEY MAY ARISE AND EVEN IF SHARMAN HAS
BEEN PREVIOUSLY ADVISE OF THE POSSIBILITY OF SUCH DAMAGES.

9.3 There are inherent dangers in the use of any software available for
downloading on the Internet, and Sharman cautions you to make sure that
you completely understand the potential risks before agreeing to install any
of the Third Party Software. You are solely responsible for adequate
protection and backup of the data and equipment used in connection with
any of the Third Party Software, and Sharman will not be liable for any
damages that you may suffer in connection with using, modifying or
distributing any of the Third Party Software.

9.4 Embedded Third Party Software

9.4.1 Cydoor. The Software includes a Cydoor Technologies advertising
delivery program, which may display web content such as banner ads, e-
commerce offers, news headlines and other value-added content. The
Cydoor component uses your Internet connection to update its selection of
available ads and stores them on your hard drive. For information on Cydoor
Technologies and their software, go to http://www.cydoor.com. For
information on their privacy policy, go to
http://www.cydoor.com/Cydoor/Company/CompanyPrivacy.htm.

9.4.2 TopSearch. The Software includes the Topsearch software provided by
Altnet. The TopSearch component regularly downloads an index of available
Altnet content through your Internet connection. This index contains a list of
available rights managed files which can be displayed in your search results.
For information on Altnet and their software, go to http://www.altnet.com. For
information on their privacy policy, go to http://www.altnet.com/privacy/.

9.4.3 Bullguard P2P. The Software comes with a virus protection feature
provided by Bullguard Technology, which is designed to guard your computer
from virus attacks by quarantining and deleting files downloaded via P2P that
may have a virus. The BullGuard P2P component will update its virus
definition file through your Internet connection. For information on Bullguard
and their software, go to http://www.bullguard.com. For information on their
privacy policy, go to http://www.bullguard.com/privacypolicy.aspx

9.4.4 GAIN AdServer. Kazaa incorporates a software component called the
GAIN AdServer, which is provided by GAIN Publishing. The GAIN AdServer
software identifies your interests based on some of your computer usage and
uses that information to deliver advertising messages to you. This software
helps keep Kazaa free. The GAIN AdServer is provided pursuant to the GAIN
Publishing End User License Agreement and Privacy Statement (located at
http://www.gainpublishing.com/help/psdocs/kmd/privacy-help51.html), which
you acknowledge that you have read and accept. If you would like to stop
receiving advertisements through the GAIN AdServer, you will need to
remove all GAIN supported software from your computer, including Kazaa,
using the Add/Remove Programs Control Panel. For further information on
GAIN Publishing and the GAIN AdServer, go to
http://www.gainpublishing.com/.

9.4.5 InstaFinder. Kazaa comes with a software program called InstaFinder,
which is provided by Vista Interactive, a division of Broadspring, Inc.
InstaFinder is designed to redirect your URL typing errors to InstaFinder's
web page. This software helps keep Kazaa free. The InstaFinder software is
provided pursuant to the InstaFinder End User License Agreement (located
below as Exhibit A), which you acknowledge that you have read and accept.
For further information on Vista Interactive, go to
http://www.vistainteractivemedia.com/.

9.4.6 For the purposes of this License, the Third Party Software described in
this Section 9.4 is collectively referred to as "Embedded Third Party
Software."

9.4.7 In exchange for downloading the Software at no cost, you expressly
agree that you accept the Embedded Third Party Software and that so long
as you have not entirely deleted Kazaa from your computer you will not take
any action, including downloading other software which modifies, is intended
to modify or permits others to modify registry or other settings on your
computer to, disable, remove, block, prevent the functioning of, or otherwise
interfere with any of the Embedded Third Party Software.

10. Applicable Law

10.1 This Licence as well as all disputes arising out of or in connection with
this Licence shall be governed by the laws of the New South Wales,
Australia, without regard to or application of choice of law rules or principles.

10.2 Any dispute arising out of or in connection with this Licence, or in future
agreements resulting therefrom, shall be exclusively resolved before the
competent court in New South Wales, Australia.

11. Points To Consider For International Use

11.1 Recognising the global nature of the Internet, you agree to comply with
all local rules regarding on-line conduct and acceptable data. Specifically,
you agree to comply with all applicable laws regarding copyright and the
transmission of technical data exported from the country in which you reside.

12. Indemnification

12.1 YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND
SHARMAN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS,
CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, AT YOUR
EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS OR
DEMANDS, ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED
LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES COSTS
AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE
ATTORNEY'S FEES AND OTHER DISPUTE RESOLUTION EXPENSES)
INCURRED BY SHARMAN, DUE TO OR ARISING OUT OF DATA YOU
SUBMIT,POST TO, TRANSMIT OR COMMUNICATE THROUGH THE
SOFTWARE,YOUR USE OR MISUSE OF THE SOFTWARE, YOUR
CONNECTION TOOTHER USERS, YOUR VIOLATION OF THIS
LICENSE,OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

13. Disclaimers of Warranties

13.1 THE SOFTWARE IS PROVIDED "AS IS", AND ON AN "AS
AVAILABLE" BASIS AND THERE ARE NO CLAIMS, REPRESENTATIONS
AND WARRANTIES MADE BY SHARMAN, EITHER EXPRESS, IMPLIED
OR STATUTORY (TO THE EXTENT PERMITTED BY APPLICABLE LAW),
WITH RESPECT TO THE SOFTWARE, INCLUDING BUT NOT LIMITED
TO, WARRANTIES OF QUALITY, PERFORMANCE, TITLE, NON-
INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, NOR ARE THERE ANY WARRANTIESCREATED BY COURSE
OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.

13.2 ANY DATA DOWNLOADED THROUGH THE USE OF THE
SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OR USE OF ANY SUCH MATERIAL.

14. Limitation of Liability

14.1 YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL
SHARMAN BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED),
PRODUCT LIABILITY OR STRICT LIABILITY, EVEN IF SHARMAN HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLELOSSES, RESULTING FROM:

14.1.1 THE USE OR THE INABILITY TO USE THE SOFTWARE 14.1.2 THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE USE OF THE SOFTWARE;

14.1.3 UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA;

14.1.4 STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE
SOFTWARE; OR

14.1.5 ANY OTHER MATTER RELATING TO THE USE OF THE
SOFTWARE. IN NO EVENT SHALL SHARMAN'S TOTAL LIABILITY TO
YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY
AUSTRALIAN DOLLARS ($50).

14.2 WHERE THE TRADE PRACTICES ACT 1974 (CTH) OR SIMILAR
STATE AND TERRITORY LEGISLATION IMPLIES INTO THIS LICENCE
ANY CONDITION OR WARRANTY, AND THOSE LAWS AVOID OR
PROHIBIT CONDITIONS IN A CONTRACT EXCLUDING OR MODIFYING
THEM, THEN THE TERM, CONDITION OR WARRANTY SHALL BE
DEEMED TO BE INCLUDED IN THIS LICENCE, PROVIDED THAT TO THE
FULL EXTENT THAT SHARMAN IS ABLE TO THE LIABILITY OF
SHARMAN FOR A BREACH OF ANY SUCH CONDITION OR WARRANTY,
INCLUDING ANY ECONOMIC OR CONSEQUENTIAL LOSS, SHALL BE
LIMITED AT THE OPTION OF SHARMAN TO ONE OR MORE OF THE
FOLLOWING:

14.2.1 IF THE BREACH RELATED TO GOODS: (A) THE
REPLACEMENTOF THE GOODS OR THE SUPPLY OF EQUIVALENT
GOODS; (B) THE REPAIR OF GOODS; (C) THE PAYMENT OF THE COST
OF REPLACING THE GOODS OR OBTAINING EQUIVALENT GOODS; (D)
THE PAYMENT OF HAVING THE GOODS REPAIRED; OR

14.2.2 IF THE BREACH RELATES TO SERVICES: (A) THE SUPPLY OF
THE SERVICE AGAIN; OR (B) THE PAYMENT OF THE COST OF HAVING
THE SERVICE SUPPLIED AGAIN.

15. Termination

15.1 It is your responsibility to comply with the terms of this Licence and to
obey the laws of your jurisdiction. Your rights under this Licence will
terminate immediately and without prior notice if: you violate any term of this
License, including violating any applicable laws or rights of any third party
including the intellectual property rights of any such third party. You may be
subject to legal action if you continue to use Kazaa in violation of this
Licence. 16. Trademarks and Trade Dress

16.1 The Kazaa name, the Kazaa logo, and other Kazaa related properties
are trademarks of Sharman. All other trademarks appearing on Kazaa are
trademarks of their respective owners. 16.2 Kazaa "green" (Hex #98CC00) is
a trade dress of Sharman Networks.

17. Miscellaneous

17.1 This Licence constitutes the entire understanding of you and Sharman
with respect to the Software and the subject matter hereof. There are no
understandings, agreements, conditions or representations, oral or written,
express or implied, with reference to the subject matter hereof that are not
merged herein, expressly referenced herein, or superseded hereby.

17.2 The failure or delay of Sharman to exercise or enforce any rights or
provision of the Licence does not constitute a waiver of such right or
provision.

17.3 All provisions which must survive in order to give effect to their meaning,
shall survive any expiration or termination of this Licence, including without
limitation all of your representations, warranties and indemnification
obligations.

17.4 Should any part of this Licence be held invalid by any court or tribunal,
such invalidity shall not affect the validity of any remaining part, which will
remain in full force and effect as if this License had been executed without
that part having been held to be invalid.

EXHIBIT A

PLEASE READ THE FOLLOWING SOFTWARE LICENSE AGREEMENT
(THIS “AGREEMENT”) CAREFULLY. THE INSTAFINDER SOFTWARE IS
A PRODUCT OWNED BY VISTA INTERACTIVE, A DIVISION OF
BROADSPRING, INC. (“VISTA”) AND/OR ITS LICENSORS. BY
DOWNLOADING, INSTALLING AND USING THE INSTAFINDER
SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND
CONDITIONS OF THIS LICENSE AGREEMENT. TO TERMINATE THIS
LICENSE AGREEMENT, YOU MUST CEASE ALL USE OF THE KAZAA
SOFTWARE AND UNINSTALL THE KAZAA SOFTWARE FROM YOUR
COMPUTER BY USING THE ADD/REMOVE PROGRAMS MENU IN THE
MICROSOFT® WINDOWS® CONTROL PANEL.

YOU ARE GRANTED THE FOLLOWING LIMITED LICENSE:

A. Vista grants you a non-exclusive, limited license, pursuant to the terms
and conditions herein, to download, install and use the most current version
of the Instafinder Software for personal, non-commercial purposes.

B. By installing the Instafinder Software, you agree to allow the Instafinder
Software during the term of this Agreement to direct your Internet browser to
www.instafinder.com (the “Site”), a search page operated by Vista, each time
you mistype a URL. Additionally, you agree that the Instafinder Software
may provide suggestions of other websites for you to visit based on your
mistyped URL.

IT IS STRICTLY PROHIBITED TO:

A. Modify or allow others to modify the Instafinder Software in part or in its
entirety.

B. Decompile, disassemble, reverse engineer, or allow others to decompile,
disassemble or reverse engineer the Instafinder Software.

C. Rent, lend, assign, lease or transfer rights to the Instafinder Software.

SHOULD YOU FAIL TO COMPLY WITH ANY OF THE ABOVE, YOUR
USER RIGHTS ARE AUTOMATICALLY TERMINATED.
THIS TERMINATION WILL BE IN ADDITION TO ANY CRIMINAL, CIVIL OR
OTHER REMEDIES WHICH VISTA MAY SEEK.

WARRANTY DISCLAIMER:

YOU AGREE THAT YOUR USE OF THE INSTAFINDER SOFTWARE OR
THE SITE IS AT YOUR OWN RISK. THE INSTAFINDER SOFTWARE IS
PROVIDED TO YOU ON AN "AS IS," "WHERE IS," BASIS WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, ACCURACY, OR NON-INFRINGEMENT. VISTA EXPLICITLY
DISCLAIMS ALL LIABILITY WITH REGARD TO THE ACCURACY,
CONTENT OR AVAILABILITY OF INFORMATION FOUND ON THE SITE
AND/OR THE SITES THAT LINK TO OR FROM THE INSTAFINDER
SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THIS AGREEMENT. VISTA MAKES NO
WARRANTY THAT THE INSTAFINDER SOFTWARE OR THE SITE IS
FREE OF DEFECTS OR ERRORS, OR THAT ANY RESULTS THAT MAY
BE OBTAINED FROM ITS USE WILL BE RELIABLE.

Some jurisdictions do not allow the disclaimer of implied warranties, so the
foregoing disclaimer may not apply to you.


LIMITATION OF LIABILITY:

IN NO EVENT SHALL VISTA, ANY OF ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES,
OR ANY OF THE CREATORS OF THE INSTAFINDER SOFTWARE BE
LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT
LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
(INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE
INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING
OUT OF THE USE OR INABILITY TO USE THE INSTAFINDER
SOFTWARE OR THE SITE, INCLUDING ANY DAMAGES RESULTING
THEREFROM, EVEN IF VISTA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the limitation of liability, so the foregoing
limitation may not apply to you.

The entire risk as to the results and performance of the Instafinder Software
or the Site is borne by the user.

PROPERTY:

The "Instafinder" trademark is the sole property of Vista and is protected by
United States and international trademark and intellectual property laws.
Use of the "Instafinder" trademark is strictly forbidden without the express
written permission of Vista. You hereby acknowledge and agree the Vista
and its licensors are the sole owners of all right title and interest in and to the
Instafinder Software and the Site.

GENERAL:

Vista reserves all rights not expressly granted herein. Vista may modify this
Agreement at any time by posting the revised Agreement at
www.instafinder.com. Your continued use of the Instafinder Software and/or
the Site shall constitute your acceptance of such revised Agreement. You
may not assign any rights granted to you hereunder. This Agreement shall
be governed by and construed in accordance with the laws of the State of
California without regard to its conflict of law rules. Any legal proceeding
arising out or relating to this Agreement will be subject to the exclusive
jurisdiction of any state or federal court sitting in Los Angeles, California and
you irrevocably consent to the personal jurisdiction and venue of such courts.
If any provision or provisions of this Agreement shall be held to be invalid,
illegal, or unenforceable, the validity, legality, and enforceability of the
remaining provisions shall not be in any way affected or impaired. Vista may
assign its rights and duties under this Agreement to any party at any time
without notice to you. The terms set forth in this Agreement constitutes the
final, complete and exclusive agreement with respect to the Instafinder
Software.




Sharman Networks Privacy Statement

This privacy statement covers the Kazaa Media Desktop application (Kazaa)
and the Kazaa website (www.kazaa.com).

If you have questions or concerns regarding this statement, you should
contact us
using this form : http://www.kazaa.com/us/privacy/privacyform.htm.

Information Collection and Use

Information Collection

Sharman Networks is the sole owner of the information collected through
Kazaa. Sharman Networks collects information from users at several
different points.

Surveys & Contests

From time-to-time our site requests information from users via surveys or
contests. Participation in these surveys or contests is completely voluntary
and the user therefore has a choice whether or not to disclose this
information. The requested information typically includes contact
information (such as name and shipping address), and demographic
information (such as age). Contact information will be shared with the
contest or survey sponsors to notify the winners and award prizes or
otherwise in accordance with the Terms and Conditions of each competition
or survey. Anonymous survey information will be used for purposes of
improving the use of this site. Though we may use an intermediary to
conduct these surveys or contests, they may not use users' information for
any other purposes.

Installation of Kazaa

When Kazaa runs for the first time you are asked to provide a user name,
an email address and whether or not you would like to receive a newsletter.
Your email address only is transmitted to our web site at this time and after
you update your email address. This information is used solely to provide
you with product announcements (including new features and upgrades) and
newsletters which you can choose not to receive. You are also asked what
country you live in. This information is used inside Kazaa to customize the
application according to which country you are in. This information is also
used by us to provide you with promotional material and offers by our
partners that are available in your country. Only your country and no other
information (personal or otherwise) is used.

Cookies

A cookie is information that a web site puts on the hard disk so that it can
use it at a later time. Usage of a cookie is in no way linked to any personally
identifiable information while on our site or using Kazaa nor is any
information about a cookie sent back to a central server. Cookies can be
removed by following Internet browser help file directions.
Cookies are used within Kazaa and on the website to identify which
version number of Kazaa you are currently using. When you try to launch
Kazaa with an outdated version we are able to suggest at that time that you
upgrade to the latest version. Cookies do not enable us to track your activity
when using Kazaa or visiting sites other than the Kazaa.com website.
Sharman Networks has no ability to supervise, control or record your
activity.

We do not store your name, your email address, your username or any other
personally identifiable data in the cookie. Some of our business partners use
cookies on our site. We have no access to or control over these cookies,
once we have given permission for them to set cookies for advertising. The
information collected and the uses to which that information can be put are
set out in our partners' privacy policies. This privacy statement covers the
use of cookies by www.kazaa.com and use of Kazaa only and does not
cover the use of cookies by any advertisers.

Third Party Advertising

i) The ads appearing on the Kazaa.com Web site and within Kazaa
application are delivered by our web advertising partner, Cydoor.
Information about users of Kazaa and kazaa.com, such as the number of
times they have viewed an ad (but not user name, address, or other personal
information), is used to serve ads to users. If you would like more
information about Cydoor, please visit:
http://www.cydoor.com/Cydoor/Company/CompanyPrivacy.htm

Altnet

To read the full Altnet Privacy Statement please
visit:http://www.altnet.com/privacy

PeerPoints Manager

Kazaa includes a separate application called PeerPoints
Manager, which is provided by Altnet. PeerPoints Manager allows Kazaa
users who opt in to collect reward points for having files marked with gold
icons downloaded from them by other Kazaa users. Points can be exchanged
for prizes and competition entry. The program is completely opt-in and can
be shut down or uninstalled by the user.

GAIN AdServer Software

Kazaa comes with a software component called the GAIN
AdServer, which is provided by GAIN Publishing. The GAIN AdServer
software identifies your interests based on some of your computer usage
and some of your web surfing behavior, including the URLs of Web pages
viewed by you and other criteria as set forth in GAIN Publishing
Privacy Statement. As more fully explained on GAIN Publishing website,
http://www.gainpublishing.com/help/psdocs/kmd/datause51.html, the
information collected by the GAIN AdServer software is retained by
GAIN Publishing, which uses the information to deliver GAIN branded
advertising, and various informational or promotional messages to your
computer screen while you view Web pages through the GAIN Network.
Sharman Networks has no responsibility or control over the GAIN AdServer
software, the GAIN Network or the GAIN Publishing’s data practices and
shall not be liable for any losses, damages or injuries arising therefrom.

If you would like more information about the GAIN branded advertisements
and promotional messages, please visit:
http://www.gainpublishing.com/about/kmd/51.html.

If you would like more information about GAIN Publishing’s privacy
practices generally, please visit:
http://www.gainpublishing.com/help/psdocs/kmd/privacy-help51.html.


InstaFinder

Kazaa comes with a software program called InstaFinder, which is provided by
Vista Interactive, a division of BroadSpring, Inc. InstaFinder is designed
to redirect your URL typing errors to InstaFinder’s web page. Sharman Networks
has no responsibility or control over the InstaFinder software, the InstaFinder
web page or InstaFinder’s data practices and shall not be liable for any losses,
damages or injuries arising therefrom.


TopSearch and Keywords

Kazaa regularly downloads an index of available Altnet
content. This index contains a list of available rights managed files and can
in no way alter Kazaa or any other part of your computer. Kazaa
downloads this file without collecting or using any information about you or
your computer.

Log Files

Like most Web site servers we use log files. This includes internet protocol
(IP) addresses, browser type, internet service provider (ISP), referring/exit
pages, platform type, date/time stamp, and number of clicks to analyze trends,
administer the site, track users’ movement in the aggregate, and gather broad
demographic information for aggregate use. We do not collect personal
information from logfiles. IP addresses are not kept after the statistics are
logged in the aggregated database.

Information Use

Newsletter

If a user wishes to subscribe to our newsletter they can enter their email
address when they install Kazaa. Out of respect for users' privacy we
provide a way to opt-out of these communications. Please see the Choice
and Opt-out sections.

Technical Announcements

On rare occasions it is necessary to send out technical announcements. For
instance, if the kazaa.com website is temporarily suspended we might send
users an email. These emails are not promotional in focus but may include
advertising to cover the cost of sending.

Disclosure of Information

Legal Disclaimer

We may need to disclose personal information if required by law. For
example, to comply with a current judicial proceeding, a court order or legal
process.

Aggregate Information (non-personally identifiable)

We share aggregated demographic information with our partners and
advertisers. This does not include any personally identifiable information.
Kazaa’s web search function is provided by a third party. If you choose to
use the web search function, we will provide the search keywords you enter
and your country information to our web search provider to enable your
search to be processed. No other information, personal or otherwise, is
provided to our web search provider and this information is not used or
disclosed by our web search provider for any other purpose. If you then
access a third party web site, that third party may collect information from
you directly. Please see their privacy policy for how they will handle this
information. We have no responsibility for the conduct or practices of these
third parties.

Business Transitions

In the event Sharman Networks goes through a business transition, such as a
merger, being acquired by another company, or selling a portion of its
assets, users' information will, in most instances, be part of the assets
transferred.
Users will be notified via prominent notice on www.kazaa.com for 30 days
prior to a change of ownership or control of information of users held by
Sharman Networks. If as a result of the business transition, information will
be used for a purpose different from that stated, or implied, at the time of
collection users will be given a choice consistent with our notification of
changes section.

Choice/Opt-out

Users are given the opportunity to 'opt-out' of having their information used
for purposes not directly related to our site at the point where we ask for
information. For example, the Kazaa options screen has an 'opt-out'
mechanism so users who don't want any marketing material from Sharman,
can keep their email address off our lists.

If you are currently receiving the newsletter and you would like to stop
receiving it, you simply need to change your preferences in Kazaa. Next
time you start your Kazaa this will transmit to our servers that you no longer
want to receive the newsletter. You may also click on the link provided at
the bottom of our newsletter which will notify our servers to stop sending
the newsletter to you.

If you would like your details completely deleted you should let us know
using this form http://www.kazaa.com/us/privacy/privacyform.htm, with
your email address in the subject line.

Users of www.kazaa.com are always notified when their information is
being collected by any outside parties. We do this so our users can make an
informed choice as to whether or not they should proceed with services that
require an outside party.

GAIN Publishing’s GAIN AdServer software is an integral part of the
Kazaa application, and helps keep it available without charge. If you would
like to stop receiving advertisements through the GAIN AdServer and
GAIN Network, you will need to remove all GAIN supported software on
your computer, including Kazaa, using the Add/Remove Programs Control
Panel. Please see the GAIN Publishing’s GAIN Network Privacy Statement,
http://www.gainpublishing.com/help/psdocs/kmd/privacy-help51.html,
for further information.

Links

Third party links and co-brand relationships.

In an attempt to provide increased value to our visitors, we may choose
various third party web sites to link from or frame within Kazaa or
kazaa.com. We also participate in co-branding and other
relationships to offer e-commerce and other services and features to our
users.
Information about you (such as the version of Kazaa being used or your
country) may be placed in the URL on kazaa.com, allowing customized
features for the user. This will be visible to subsequent websites if you link
off a Kazaa page. However, even if the third party is affiliated
with us, we have no control over these linked sites, each of which has
separate privacy and data collection practices independent of us. Data
collected by our co-brand partners or third party web sites (even if offered
on or through our site) is not received by us. As such, we are not responsible
for, or have any control over, the privacy policies of those third party
websites, and encourage all users to read the privacy policies of each and
every website visited when linking directly from kazaa.com. These linked
sites are only for your convenience and you therefore access them at your
own risk.

Security

We take every reasonable precaution to protect information from misuse,
loss and unauthorised access. Although we cannot guarantee that users'
information will not be subject to unauthorised access by hackers, we have
appropriate security procedures in place to protect users' information.
Information is stored on secure, password protected servers and is only
accessible by employees who need the information to perform a specific job.
All employees are kept up to date on our security and privacy practices.
Finally, the servers that store user information are in a physically secure
environment.


A Special Note to Parents

Kazaa.com is a general audience website, and does not knowingly collect,
nor will ever knowingly retain, personally identifiable information from any
visitor Sharman Networks actually knows to be under thirteen years of age
without the consent of that child’s parent or legal guardian.


Updating Personal Information

Users may gain access to information that Sharman Networks has by
requesting it using this form:
http://www.kazaa.com/us/privacy/privacyform.htm. If a user's information
changes such as email address, or if a user no longer desires email
announcements or news letters, we provide a way to correct and update
users' information. Users have a responsibility to tell us if their information
changes as that is the only way we can ensure information is kept accurate
and up to date. This can be done by selecting Configure User Name
in Kazaa Tools menu.


Notification of Changes

If we decide to change our privacy policy, or practices, whether or not they
effect our handling of user information, we will post those changes to this
privacy statement, the homepage, and other places we deem appropriate so
our users are always aware of what information we collect, how we use it,
and under what circumstances, if any, we disclose it. We will use
information in accordance with the privacy policy under which the
information was collected. If, however, we want to use users' information
for a purpose different from that stated at the time of collection we will ask
users via email. Users will have a choice as to whether or not we use their
information in this different manner. However, if users have opted out of all
communication with the site then they will not be contacted, nor will their
information be used in this new manner.

If you have questions or concerns regarding this statement, you should
contact us using this form:
http://www.kazaa.com/us/privacy/privacyform.htm



ALTNET END USER AGREEMENT

IMPORTANT - PLEASE READ CAREFULLY:

This End User License Agreement ("Agreement") constitutes a
valid and binding agreement between Altnet, Inc. ("Altnet") and
you ("you," "your" or "user") for the use of the Altnet Software,
Network and Services, as those terms are defined below. You
must enter into this agreement in order to install and use the
Altnet Software.

BY CLICKING ON THE "I AGREE" BUTTON AND BY
INSTALLING AND USING THE ALTNET SOFTWARE, YOU
AGREE TO BE BOUND BY:

* THE TERMS OF THIS AGREEMENT WITH ALTNET; AND
* THE TERMS OF THE AGREEMENT WITH FOCUS INTERACTIVE,
INC., APPENDED TO THE END OF THIS AGREEMENT IN
CONNECTION WITH THE INSTALLATION OF THE MY SEARCH
TOOLBAR SOFTWARE THAT IS INCLUDED IN YOUR DOWNLOAD.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT
AND THE MY SEARCH AGREEMENT, DO NOT CONTINUE
WITH INSTALLATION.


The "Altnet Software" includes the PeerPoints Manager, the
Altnet Download Manager, related components, Joltid Limited’s
Joltid P2P Networking peer-to-peer software (the "Joltid P2P
Networking Software"), any online or enclosed documentation,
and any updates, fixes and upgrades provided to you.

The Altnet Software and the Services are not intended for use by
or availability to persons under the age of 13 residing in the
United States. IF YOU ARE UNDER 13 YEARS OF AGE AND
RESIDE IN THE UNITED STATES, YOU MAY NOT DOWNLOAD,
INSTALL OR USE ANY ALTNET SOFTWARE AND YOU MAY NOT
ACCESS THE SERVICES.

1. License Grant

When you accept this license you are granted a limited, non-
exclusive, personal, non-sublicensable, non-assignable license to
download, install the Altnet Software onto, and use the Altnet
Software on, a single computer owned or controlled by you solely
for your personal use to install, interact with and utilize the Altnet
Software.

Using the Altnet Software, you may access some or all of the
services (the "Services") offered by Altnet and its licensors and
authorized business partners (the "Altnet Providers"). The
Services include, but are not limited to the management and
distribution, through Altnet’s proprietary points management
system (the "Points Program") of Altnet points ("Points") awarded
to end users based on rules established by us from time to time
("Points Manager Rules") that are redeemable for various
products and/or services through the Altnet Software, the
Services and/or third party redemption partners and Promotional
Program administrators of Altnet. You are only entitled to
participate in the Points Program if you have downloaded and/or
installed the PeerPoints Manager and complied with the Points
Manager Rules which will be posted on the Altnet Website under a
link entitled "Points Manager Rules." The Points Manager Rules
may be amended as set forth in Section 16 of this Agreement.
The Altnet Software may only be used in connection with the
Services.

When we refer to the "Network" we mean all or part of the
universe of computers connected to the Internet that are
operating the Joltid P2P Networking Software as a component part
of and in conjunction with the Altnet Software.

When we refer to "Promotional Programs" we mean sweepstakes,
games of chance, skill contests and other promotions which are
administered by Altnet or third party administrators on Altnet’s
behalf and made available as part of the Points Program.

2. License Restrictions

(a) Notwithstanding anything to the contrary, you may not:

* remove any proprietary notices from the Services, Altnet
Software or any copy thereof; cause, permit or authorize
the modification, creation of derivative works, translation,
reverse engineering, decompiling or disassembling of the
Altnet Software;
* sell, assign, rent, lease, act as a service bureau, or grant
rights in the Altnet Software or Services, including,
without limitation, through sublicense, to any other entity
without the prior written consent of Altnet;
* export or re-export the Software in violation of U.S.
export laws;
* use the Software or Services for any commercial purpose
or the benefit of any third party or any manner not
permitted by the license grant;
* use the Altnet Software or Services to access any content
files accessible through the Altnet Software without the
permission of the publisher of the content files;
* copy the Altnet Software (other than a single copy for
your own backup purposes);
* access, create or modify source code of the Software in
any way;
* use the Altnet Software or Services to, or in any way that
would, violate any applicable law, regulation or ordinance;
or
* use the Altnet Software or Services to develop, generate,
transmit or store information that: (A) infringes any third
party's intellectual property or other proprietary right; (B)
is defamatory or harmful; or (C) in any way obstructs or
otherwise interferes with the normal performance of
another person's use of the Altnet Software or Services.
(b) The Altnet Software and Services may be incorporated into,
and may incorporate, software and services owned and controlled
by third parties. Use of such third party software or services is
subject to the terms and conditions of the applicable third party
license agreements, and you agree to look solely to the applicable
third party and not to Altnet to enforce any of your rights. All
modifications or enhancements to the Altnet Software remain the
sole property of Altnet. You understand that Altnet, in its sole
discretion, may modify or discontinue or suspend your right to
access any of its Services or use any of the Altnet Software at any
time, and may at any time suspend or terminate any license
hereunder and disable any Altnet Software you may already have
accessed or installed without prior notice or further obligation to
you. Altnet reserves the right to add additional features or
functions to the Altnet Software. When installed on your
computer, the Altnet Software periodically communicates with
Altnet Servers. You acknowledge and agree that Altnet has no
obligation to make available to you any subsequent versions of its
software applications.

3. Permission to Utilize

In order to receive the benefits provided by the Altnet Software,
you hereby grant permission for Altnet and/or the Altnet Providers
to utilize the disk space and bandwidth of your computer to share
out files that you have downloaded using the Network. The Altnet
Software will protect the privacy and integrity of your computer
resources and files to the extent set forth in the Altnet Privacy
Policy found at http://www.altnet.com/privacy.

4. Proprietary Rights

The Altnet Software and Services contain proprietary and
confidential information of Altnet, including copyrights, trade
secrets and trademarks and are protected by United States and
international copyright laws. The Altnet Software, including
without limitation all intellectual property rights therein and
thereto, are and shall remain the exclusive property of Altnet and
its suppliers, and except for the limited license granted to you,
Altnet reserves all right, title and interest in and to the Altnet
Software. You agree not to take any action to jeopardize, limit or
interfere with Altnet's ownership of and rights with respect to the
Altnet Software and Services. You acknowledge that any
unauthorized copying or unauthorized use of the Altnet Software
or Services is a violation of this Agreement and copyright laws
and is strictly prohibited.

5. Your Representations, Promises and Warranties

You represent, promise and warrant that:
* you possess the legal right and ability to enter into this
Agreement and to comply with its terms;
* you will use the Altnet Software and Services for lawful
purposes only and in accordance with this Agreement and
all applicable laws, regulations and policies;
* you will not attempt to decompile, reverse engineer or
hack the Altnet Software, the Services or the Network or
to defeat or overcome any encryption and/or digital
rights management technology implemented by Altnet
with respect to the Altnet Software, the Services and/or
data transmitted, processed or stored by Altnet, the
Altnet Software or the Services;
* you will not attempt to tamper with, violate, breach,
circumvent, disrupt, hack or in any manner compromise
any security measures employed by Altnet or Altnet’s
third party redemption partners and Promotional
Programs administrators to protect the Points Program,
including, but not limited to altering, duplicating,
transferring, deleting, eliminating, manipulating or
tampering with Points;
* you will not take any steps to interfere with or in any
manner compromise any of Altnet's security measures,
the security measures of Altnet’s third party redemption
partners, Promotional Programs administrators, other
Altnet Providers, or any other individual's or entity's
computer on the Network and/or otherwise sharing
Services; and
* you will only use the Altnet Software and Services on a
computer on which such use is authorized by the
computer's owner.

You agree that you will not use any automatic or manual
device or process to interfere or attempt to interfere with the
proper working of any of the Altnet Software, Points, Services
or content, except to remove Altnet Software from a
computer of which you are an owner or authorized user in a
manner permitted by this Agreement. You may not violate or
attempt to violate the security of Services provided by Altnet.
Altnet reserves the right to investigate occurrences which
may involve such violations, and may involve, and cooperate
with, law enforcement authorities in prosecuting users who
have participated in such violations.

If Altnet has reasonable grounds to suspect that your
representations, warranties or promises are inaccurate or
breached, Altnet may suspend or terminate your account,
deny any or all use of the Altnet Software and/or Services,
and pursue any appropriate legal remedies. You agree Altnet
shall have the right to use the information you provide to it
for the purposes described in this Agreement and in
furtherance of your use of the Services.

6. Points

You hereby acknowledge and agree that:

* the Points are the sole property of Altnet and that you
have no claim, right, title or interest in and to the Points
awarded to you, other than your right to redeem with
express permission of Altnet if any;
* the Points are nontransferable and you shall not give,
assign, transfer, trade, bargain, sell or otherwise
distribute Points to any other end user or third party
which is not an Altnet redemption partner; and
* Altnet has the right to amend, change or modify the
Points Manager Rules or Altnet’s policies regarding the
Points at any time and at Altnet’s sole discretion,
including, but not limited to, the cancellation, removal
and/or termination of the Points, Promotional Programs
and/or the Points Program in its entirety without any
recourse to you whatsoever.

7. Further Agreements.

By accepting and agreeing to the terms of this Agreement, you
hereby accept and agree to the terms of the Altnet Privacy Policy
found at http://www.altnet.com/privacy.
The Altnet Privacy Policy may be amended as set forth in Section
16 of this Agreement.

8. Joltid P2P Networking Software Component of Altnet Software

The Joltid P2P Networking Software included in the Altnet
Software provides peer to peer communication and can be utilized
and distributed separately from the Altnet Software by third
parties that do not provide Points ("Other JP2PEnabled Parties").

When Other JP2PEnabled Parties download files via the Joltid P2P
Networking Software the files will generally be saved to and
shared from a cache folder (the "Joltid Cache Folder") maintained
by the Joltid P2P Networking Software. You can control and
manage the cache folder by going to "P2P Networking" in your
Windows Control Panel area.

Where other JP2PEnabled Parties download files using the Joltid
P2P Networking Software you will not earn Points when those files
are shared from your computer. You can turn off sharing of non-
Altnet files by selecting the "Only share Altnet Files" option.

ALL OTHER JP2PENABLED PARTIES ARE REQUIRED BY JOLTID TO
NOTIFY YOU OR OBTAIN YOUR PERMISSION BEFORE THEIR FILES
ARE DOWNLOADED AND/OR SHARED VIA JOLTID P2P NETWORKING
SOFTWARE (THE "JOLTID P2P NETWORKING OBLIGATIONS").

9. Indemnity

You agree to indemnify, hold harmless and defend Altnet, Altnet
Providers, Altnet’s third party redemption partners and
Promotional Programs administrators, their affiliates, parent
companies, subsidiaries, officers, directors, employees,
advertising and promotions agencies, representatives or agents
(collectively, the "Indemnified Parties"), at your expense, against
any and all third-party claims, actions, proceedings, and suits and
all related liabilities, damages, settlements, penalties, fines, costs
and expenses (including, without limitation, reasonable attorneys'
fees and other dispute resolution expenses) incurred by any
Indemnified Party arising out of or relating to your (a) violation or
breach of any term of this Agreement or any policy or guidelines
referenced herein, or (b) use or misuse of the Altnet Software
and/or Services.

10. Disclaimer of Warranties

(a) THE ALTNET SOFTWARE AND SERVICES ARE PROVIDED "AS
IS" AND THERE ARE NO WARRANTIES, CLAIMS OR
REPRESENTATIONS MADE BY ALTNET, EITHER EXPRESS,
IMPLIED, OR STATUTORY, WITH RESPECT TO THE ALTNET
SOFTWARE OR SERVICES, INCLUDING WARRANTIES OF
QUALITY, PERFORMANCE, NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE,
NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF
DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. ALTNET
FURTHER DOES NOT REPRESENT OR WARRANT THAT THE
ALTNET SOFTWARE OR ANY SERVICES WILL ALWAYS BE
AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE,
ACCURATE, COMPLETE OR ERROR-FREE.

(b) YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT
OF THE USE OR PERFORMANCE OF THE ALTNET SOFTWARE AND
SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT
PERMITTED BY LAW.

(c) As some jurisdictions do not allow some of the exclusions set
forth in this Section 10, some of these exclusions may not apply
to you.

(d) THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THIS AGREEMENT.

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