VUZE VIDEO PLAYER PLUG-IN END USER LICENSE AGREEMENT
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY before using the Vuze Video Player Plug-In ("Plug-In"). By clicking "Install and Agree" on the installation button, you signify your agreement to these terms of use, which constitute a binding legal agreement. If you do not agree to these terms of use, close the page or navigate away from it and DO NOT use the Plug-In.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Any changes will be posted on the www.vuze.com website. Your continued use of the Plug-In following the posting of changes to these terms will constitute Your acceptance of those changes. If you do not agree to any changes to the terms of this Plug-In license you should stop using the Plug-In and uninstall it immediately.
1. General.
All software, documentation and any content accessed through the Plug-In Software you are about to use (collectively, "Plug-In Software") are protected by United States and international laws, including copyright laws and treaties. Vuze, Inc. owns all right, title and interest to the Plug-In Software. Except for the specific rights licensed to you hereunder, Vuze reserves all of its rights to the Plug-In Software.
2. No Transfer of Title.
These terms do not transfer title to the Plug-In Software to you. The rights granted herein are limited to certain of Vuze's, and do not include any other patents or other intellectual property rights. Vuze retains full and complete title to the Plug-In Software and all intellectual property rights contained therein.
3. License and Restrictions.
Vuze hereby grants you, free of charge, a non-exclusive license, which may be revoked at any time for any reason by Vuze, to use the Plug-In Software on the Vuze website and in connection with the Vuze Platform, use of each of which is governed by the separate license identified in paragraph 10 below, for personal, non-commercial use only.
You acknowledge that Vuze shall be permitted to automatically issue upgraded versions of the Plug-In Software and, accordingly, may upgrade the version of the Plug-In Software that You are using or have installed on Your computer or delete versions installed on Your computer. You hereby agree that Your computer may automatically request and receive such upgrades or updates from Vuze's servers.
You may not (and you agree not to permit another person to): (i) redistribute, sell or otherwise copy the Plug-In Software; (ii) modify, translate or create derivative works based on the Plug-In Software; (iii) attempt to decompile, reverse engineer, disassemble or otherwise reduce the Plug-In Software to a human-readable form, except to the extent applicable laws specifically prohibit such restriction; (iv) remove any identification, copyright or other proprietary notices; or (v) create other software that incorporates the Plug-In Software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Plug-In Software is not intended for use in connection with any high risk or strict liability activity and Vuze makes no warranty and shall have no liability in connection with the use of the Plug-In Software in any such situations.
4. NO WARRANTY.
THE PLUG-IN SOFTWARE (INCLUDING WITHOUT LIMITATION ANY CONTENT) IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR STATUTORY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VUZE DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT THE PLUG-IN SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT YOUR ACCESS OR OPERATION OF THE PLUG-IN SOFTWARE OR ANY CONTENT ACCESSIBLE THROUGH THE PLUG-IN SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE THE VUZE PLATFORM, THE VUZE SITE OR THE OTHER SITES OF VUZE (OR ANY SERVERS THAT MAKE SUCH MATERIALS AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLUG-IN SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR THAT THE USE OF THE PLUG-IN SOFTWARE WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON'S USE OF THE COMPUTER(S) ON WHICH THE PLUG-IN SOFTWARE IS ACCESSED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VUZE OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
5. Indemnification.
You agree to indemnify, save, and hold Vuze, its affiliated companies, subsidiary and parent companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Plug-In Software, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. Vuze reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Vuze, and You agree to cooperate with Vuze's defense of these claims. Vuze will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
6. LIMITATION ON LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION UNDER ANY LEGAL THEORY (TORT, CONTRACT OR OTHERWISE), THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLUG-IN SOFTWARE OR MATERIALS OR FUNCTIONS AVAILABLE THROUGH THE PLUG-IN SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLUG-IN SOFTWARE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLUG-IN SOFTWARE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO VUZE FOR THE PLUG-IN SOFTWARE, IF ANY, FOR ACCESSING THE PLUG-IN SOFTWARE OR $50, WHICHEVER IS LESS.
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
7. Jurisdiction.
We operate and manage from offices based in the United States. We make no representation that the Plug-In Software is appropriate or available for use in any particular location. Those who choose to use the Plug-In Software do so of their own volition and are responsible for compliance with local laws, if and to the extent local laws are applicable.
8. Termination.
These terms are effective until terminated by either party. We reserve the right, in our sole discretion, to terminate your access to any or all of the Plug-In Software and the related services or any portion thereof at any time, without notice. You may terminate these terms at any time by discontinuing use of the Plug-In Software.
9. Privacy Policy.
Use of any information gathered during, or by, your use of the Plug-In Software shall be governed by Vuze's Privacy Policy.
By using the Plug-In Software, you acknowledge and signify your agreement to Vuze's privacy policy. If you do not agree to the Privacy Policy, do not use the Plug-In Software. We reserve the right, at our discretion, to change, modify, add, or remove portions of Vuze's Privacy Policy at any time. Your continued use of this site following the posting of changes to the Privacy Policy will mean you accept those changes.
10. Vuze Platform Terms of Service.
The Vuze Plug-In may be used in connection with Vuze's content management and file download platform consisting of the web sites located at www.vuze.com and other web sites, services, software applications and networks owned or controlled by Vuze that allow for the authorized download, distribution, and sharing of digital content over the Internet (the "Vuze Platform"). The Vuze Platform includes software for download that enables the authorized distribution of digital content (the "Vuze Application"). Use of the Vuze Platform is governed by Vuze's Terms of Service.
These Terms are incorporated herein by this reference. Before using the Plug-In Software, please read these Terms of Service. By using the Plug-In Software, you signify your agreement to the Terms of Service. If you do not agree to the Terms of Service, you shall not access the Plug-In Software. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these terms periodically for changes. Your continued use of the Plug-In Software following the posting of changes to these terms will mean you accept those changes.
11. Digital Millennium Copyright Act Compliance.
It is Vuze's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to Vuze's Copyright information page and DMCA Notification Guidelines. Vuze reserves the right to terminate without notice any User's access to the Vuze Plug-In Software and/or Vuze Platform if that User is determined by Vuze to be a "repeat infringer." In addition, Vuze accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
12. Plug-In Software Operation.
In an effort to better Your and other end users' user experience and make the distribution of content more efficient, when You are on-line, the Plug-In Software may transmit or share content on your computer system downloaded using the Plug-In with other users of the Plug-In Software that have requested such content. Vuze uses commercially reasonable efforts to avoid unreasonable use or interference with your system or network resources.
You hereby acknowledge and consent to the sharing and downloading of content as described herein and agree that the Plug-In Software may send commands to your computer in order to facilitate the downloading of content and to share content between you and other end-users. Further, you hereby grant permission for the Plug-In Software to utilize the processor and bandwidth of your computer for the limited purpose of facilitating the transfer or exchange of digital content and communications between users and Vuze as well as between users and each other, in order to facilitate the functioning of all or part of the Vuze Platform.
13. Entire Agreement.
These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Santa Mateo County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
Official correspondence must be sent via postal mail to: Vuze, Inc., 835 Main Street, Redwood City, California 94063.
Last updated: July 21, 2009
