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This Beta Testing End User License Agreement is a legal agreement (hereinafter "Agreement") between BitTorrent, Inc. ("BitTorrent") and you, either an individual or a single entity (hereinafter "Licensee"). This Agreement covers all software, the associated media, any printed materials, data, files and information and any "online" or electronic documentation ("Software") which it accompanies, and which has been provided to Licensee without payment of any fees or costs. This Agreement takes precedence over any other agreement or terms embedded within the software.

Assent to Be Bound

By clicking the "Yes, I accept the Terms of Service" checkbox on the “Join the µTorrent Plus Test Community” page, by executing a written copy of this Agreement, or by installing, copying or otherwise using this Software, Licensee agrees to be bound by the terms of this Agreement. If Licensee does not agree with any term or condition, do not download, order, open, install or use the Software or product package. Contact BitTorrent to arrange the return of the Software and accompanying materials to BitTorrent at no charge to Licensee. In addition, the Software incorporates an anti-virus application created by BitDefender, SRL ("BitDefender”). 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 license term hereunder.

DISCLAIMER

THE SOFTWARE LICENSED HEREUNDER MAY CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING LICENSE, FOR WHICH NO FEES HAVE BEEN CHARGED OR ARE DUE FROM LICENSEE, IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS.

Feedback from Licensee

It is expressly understood, acknowledged and agreed that Licensee may, regardless of whether or not formally requested to do, provide to BitTorrent reasonable suggestions, comments and feedback regarding the Software, including but not limited to usability, bug reports and test results, with respect to Software testing (collectively, "Feedback"). Licensee grants BitTorrent, under all of Licensee's intellectual property and proprietary rights, the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up rights: (i) to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any BitTorrent product, technology, service, specification or other documentation (individually and collectively, "BitTorrent Products"); (ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any BitTorrent Product; (iii) solely with respect to Licensee's copyright and trade secret rights, to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and (iv) to sublicense to third parties any claims of any patents owned or licensable by Licensee that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the feedback or portion thereof incorporated into a BitTorrent Product, technology or service. Further, Licensee warrants that Licensee's Feedback is not subject to any license terms that would purport to require BitTorrent to comply with any additional obligations with respect to any BitTorrent Products that incorporate any Feedback.

Grant of License

Subject to the terms and conditions of this Agreement, BitTorrent grants to Licensee a non-exclusive, non-transferable, revocable license (without the right to sublicense) (i) to use the Software in accordance with the Documentation on a single personal computer and solely for purposes of internal testing and evaluation hereunder during the term set forth in the section entitled “Term of This License” below.

You may not distribute or make the Software available over a network where it could be used by multiple devices at the same time or otherwise permit simultaneous use of the Software by more than one user. You may not rent, lease, lend, sell, transfer, redistribute, encumber or sublicense the Software. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application). You may not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. You may not publish any results of benchmark tests run on any Software to a third party without BitTorrent’s prior written consent, except on BitTorrent’s user forum. .

If you violate the terms of this license, the foregoing license will automatically terminate, and BitTorrent may in its sole discretion terminate this Agreement, including without limitation your right to access and use the Software, and you may be subject to prosecution and damages.

The terms of this license will govern any bug fixes, updates and upgrades (“Updates”) provided by Licensor that replace and/or supplement the original Software, unless such Update is accompanied by a separate license in which case the terms of that license will govern. BitTorrent may revise the terms of this license from time to time, as posted on its site or otherwise made available to Licensee.

Beta-Software Product Support

BitTorrent is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Software will be corrected.

Ownership and Copyright of Software

Title to the Software and all copies thereof remain with BitTorrent and/or or its suppliers. The Software is copyrighted and is protected by United States copyright laws and international treaty provisions. Licensee will not remove copyright notices from the Software. Licensee agrees to prevent any unauthorized copying of the Software. Except as expressly provided herein, BitTorrent does not grant any express or implied right to Licensee under BitTorrent patents, copyrights, trademarks, or trade secret information.

Confidentiality

The enclosed Software is Confidential Information. Licensee will not disclose Software or any comments regarding Software to any third party, except on BitTorrent’s user forum, without the prior written approval of BitTorrent. Licensee will maintain the confidentiality of Software with at least the same degree of care that you use to protect your own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances. Licensee will not be liable for the disclosure of any Confidential Information which is: (a) in the public domain other than by a breach of this Agreement on Licensee's part; or (b) rightfully received from a third party without any obligation of confidentiality; or (c) rightfully known to Licensee without any limitation on use or disclosure prior to its receipt from BitTorrent; or (d) independently developed by Licensee's employees; or (e) generally made available to third parties by BitTorrent without restriction on disclosure.

Term Of This License

Licensee's rights with respect to the Software under “Grant of License” or otherwise under this Agreement will terminate twelve months after the date that you install the Software, unless terminated earlier in accordance with this Agreement. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice thereof. Upon any expiration or termination of this Agreement, the rights and licenses granted to Licensee under this Agreement shall immediately terminate, and Licensee shall immediately cease using the Software and remove all Software from its systems. The terms set forth in the sections entitled Assent to be Bound, Disclaimer, Feedback from Licensee, Ownership and Copyright of Software, Confidentiality, Term of this License and Limitation on Liability shall survive any termination of this Agreement, as well as those terms that survive termination as set forth in BitDefender End User License Agreement.

Limitation on Liability

Provision of any Software under this Agreement is experimental and shall not create any obligation for BitTorrent to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Software either to Licensee or to any other party.

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. BITTORRENT RESERVES THE RIGHT TO CHANGE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO FEATURES, FUNCTIONALITY OR USER INTERFACE, AT ANY TIME WITHOUT NOTICE. IN NO EVENT SHALL BITTORRENT OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF BITTORRENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Export Restrictions

Licensee acknowledges that Software is of U.S. origin. Recipient agrees to comply with all applicable international and national laws that apply to the Software, including the U. S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U. S. and other governments.

Entire Agreement

This Agreement constitutes the complete and exclusive agreement between BitTorrent and Licensee with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. This Agreement may not be amended except in a writing duly signed by an authorized representative of BitTorrent and Licensee.

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.

Limited License

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.

Restrictions

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.

Ownership

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.

Confidentiality

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.

Warranty Disclaimer

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.

Export Compliance

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.

Government Users

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.

Governing Law

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.