Azureus Terms of Service
March 19, 2007

0. Introduction; Your Agreement to these Terms of Service.
Welcome to the Azureus, Inc. ("Azureus") content management and file download platform consisting of web sites (www.vuze.com), services, software applications and networks that allow for the authorized download and distribution of digital content over the internet (the "Azureus Platform"). The Azureus Platform includes software for the authorized download of digital content (the "Azureus Application"). 
The following Terms of Service for the Azureus Platform is a legal contract between you, either an individual subscriber, customer, member, or user of at least 18 years of age or a single entity ("You" or, collectively, "Users"), and Azureus regarding your use of the Azureus Platform.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING OR USING THE AZUREUS PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE AZUREUS PLATFORM.
IF YOU ARE USING OR OPENING AN ACCOUNT WITH AZUREUS ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A "SUBSCRIBING ORGANIZATION") THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS; (II) HAVE READ THE FOREGOING TERMS; (III) UNDERSTAND THESE TERMS, AND (IV) AGREE TO THESE TERMS ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION.

1. Eligibility.
The Azureus Platform is not available to persons under the age of 18 or to any users previously suspended or removed from the Azureus Platform by Azureus. BY CLICKING THE "I AGREE" BUTTON OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE AZUREUS PLATFORM, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE AZUREUS PLATFORM. 

2. Incorporation by Reference.
Your privacy is important to Azureus. Azureus's Privacy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to Azureus's collection, use, and disclosure of your personal information.
For information regarding any content or service that you have purchased on the Azureus Platform, please refer to the Azureus Terms of Sale. Azureus's Terms of Sale is hereby incorporated into these Terms by reference. 

3. Individual Features and Services.
When using the Azureus Platform, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms. 
As used herein, the term "Commercial Content" means any content made available by third-party content providers and licensed by you for a fee.

4. Modification of these Terms.
Azureus reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Azureus Platform after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Azureus Platform. 

5. Digital Millennium Copyright Act.
It is Azureus's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to Azureus's DMCA Notification Guidelines. Azureus will promptly terminate without notice any User's access to the Azureus Platform if that User is determined by Azureus to be a "repeat infringer." A repeat infringer is a User who has been notified by Azureus of infringing activity violations more than twice and/or who has had an Uploader Submission or any other user-submitted content removed from the Azureus Platform more than twice. 

6. Azureus Platform License Grant.

6.1 License Grant to Upload.
Subject to your compliance with the terms and conditions set out in this Terms of Service, Azureus hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Azureus Platform for the uploading and distributing of authorized digital content ("Uploader Submissions"). 

6.2 License Grant to Download.
Subject to your compliance with the terms and conditions set out in this Terms of Service, Azureus hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Azureus Platform to download content from the Azureus Platform. The Azureus Application itself is provided to you under the terms of Version 2 of the GNU GPL. 

6.3 Reservation of Rights.
Azureus reserves all rights not expressly granted in this Terms of Service.

6.4 Automatic Updates.
You acknowledge that Azureus may automatically issue upgraded versions of the Azureus Application and, accordingly, may upgrade the version of the Azureus Application that you are using or have installed on your computer. You hereby agree that your computer may automatically request and receive such upgrades or updates from Azureus's servers.

6.5 Control and Use of your Computer.
You represent and warrant to Azureus that you own the computer to which you are downloading the Azureus Application, or that you have the legal right to control the use of that computer. You agree to ensure that any other person whom you permit to use the Azureus Platform (including the Azureus Application) will do so in accordance with this Terms of Service. You must delete any copies of the Azureus Application from the computer if you sell the computer, or if you cease to have the legal right to control use of the computer.

6.6 Prevention of Unauthorized Use.
Azureus reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Azureus Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

7. Uploader Submissions License Grant; Representations and Warranties.

7.1 Limited License Grant to Azureus.
By distributing or disseminating Uploader Submissions through the Azureus Platform, you hereby grant to Azureus a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, and otherwise exploit your Uploader Submissions, in any media formats and through any media channels, solely in order to distribute, promote or advertise your Uploader Submissions through the Azureus Platform. Subject to section 7.2, below, the foregoing license granted by you terminates as to a specific Uploader Submission once you remove or delete such Uploader Submission from the Azureus Platform. 

7.2 Limited License Grant to other Azureus users.
If you specified terms under which your Uploader Submissions are licensed, by distributing or disseminating Uploader Submissions through the Azureus Platform, you hereby grant to each User that is authorized to access your Uploader Submissions a non-exclusive license to access and use your Uploader Submissions under the terms indicated by you. If you did not specify terms under which your Uploader Submissions are released, you hereby grant to each User that is authorized to access you Uploader Submissions a limited, non-exclusive, personal license to access and use such Uploader Submission in the manner contemplated by these Terms and the Azureus Platform. The foregoing license granted by you terminates as to a specific Uploader Submission once you remove or delete such Uploader Submission from the Azureus Platform provided, however, that User rights to such Uploader Submission arising out of purchases or distributions occurring on or prior to deletion of such Uploader Submission from the Azureus Platform survive any termination or expiration of the license granted in this section 7.2. 

7.3 Uploader Submissions Representations and Warranties.
You are solely responsible for your Uploader Submissions and the consequences of posting or publishing them. By uploading and publishing your Uploader Submissions, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Azureus and Azureus's Users to use and distribute your Uploader Submissions as necessary to exercise the licenses granted by you in this section and in the manner contemplated by Azureus and this Terms of Service; (2) your Uploader Submissions do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (3) your Uploader Submissions do not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of the Azureus Platform. Violators of these third-party rights may be subject to criminal and civil liability. Azureus reserves all rights and remedies against any Users who violate this Terms of Service. 

7.4 Uploader Submissions Disclaimer.
You understand that when using the Azureus Platform you will be exposed to Uploader Submissions from a variety of sources, and that Azureus is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Uploader Submissions. You further understand and acknowledge that you may be exposed to Uploader Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Azureus with respect thereto. Azureus does not endorse any Uploader Submissions or any opinion, recommendation or advice expressed therein, and Azureus expressly disclaims any and all liability in connection with Uploader Submissions. If notified by a User or a content owner of an Uploader Submission that allegedly does not conform to this Terms of Service, Azureus may investigate the allegation and determine in its sole discretion whether to remove the Uploader Submission, which it reserves the right to do at any time and without notice. For clarity, Azureus does not permit copyright infringing activities on the Azureus Platform.

8. Prohibited Conduct.
BY USING THE AZUREUS PLATFORM YOU AGREE NOT TO:

8.1 use the Azureus Platform for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Azureus Platform as such services are offered by Azureus;

8.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in section 12, below);

8.3 post, upload, or distribute any defamatory, libelous, or inaccurate Uploader Submissions or other content; 

8.4 post, upload, or distribute any Uploader Submissions or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate; 

8.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Azureus Platform accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Azureus Platform, or perform any other similar fraudulent activity;

8.6 delete the copyright or other proprietary rights on the Azureus Platform or Uploader Submissions;

8.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Azureus Platform. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

8.8 use the Azureus Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

8.9 defame, harass, abuse, threaten or defraud Users of the Azureus Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the content on the Azureus Platform for any commercial use, it being understood that the content available on the Azureus Platform is for personal, non-commercial use only;

8.10 use the Azureus Platform if you are under the age of eighteen (18) years old; 

8.11 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Azureus Platform or Uploader Submissions, features that prevent or restrict use or copying of any content accessible through the Azureus Platform, or features that enforce limitations on the use of the Azureus Platform or Uploader Submissions; 

8.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Azureus Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; 

8.13 modify, adapt, translate or create derivative works based upon the Azureus Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or 

8.14 intentionally interfere with or damage operation of the Azureus Platform or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code. 

9. Account
When you use the Azureus Platform to upload and/or download or purchase content or any products, services, or information from Azureus, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Azureus on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify Azureus. You may be liable for the losses incurred by Azureus or others due to any unauthorized use of your Azureus Platform account.

10. Third-Party Sites, Products and Services; Links.
The Azureus Platform may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). Azureus does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Azureus Platform are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk. 

11. Termination; Terms of Service Violations.

11.1 Azureus.
You agree that Azureus, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with Azureus or your use of the Azureus Platform and remove and discard all or any part of your account, User profile, and any Uploader Submission, at any time. Azureus may also in its sole discretion and at any time discontinue providing access to the Azureus Platform, or any part thereof, with or without notice. You agree that any termination of your access to the Azureus Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that Azureus will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Azureus may have at law or in equity. As discussed herein, Azureus does not permit copyright infringing activities on the Azureus Platform, and will terminate access to the Azureus Platform, and remove all Uploader Submissions or other content submitted by any Users who are found to be repeat infringers. Upon termination for any reason, you agree to immediately stop using and to uninstall and/or destroy all copies of the Azureus Application, any accompanying documentation, and all other associated materials.

11.2 You.
Your only remedy with respect to any dissatisfaction with (i) the Azureus Platform, (ii) any term of this Terms of Service, (iii) any policy or practice of Azureus in operating the Azureus Platform, or (iv) any content or information transmitted through the Azureus Platform, is to terminate this Terms of Service and your account. You may terminate this Terms of Service at any time by uninstalling all copies of the Azureus Application on your computer, destroying all copies of the Azureus Application in your possession, and discontinuing use of any and all parts of the Azureus Platform.

11.3 Uploader Submissions.
Subject to section 7.2 above, upon termination of this agreement by you or Azureus, Azureus will discontinue prospective hosting and distribution of your Uploader Submissions. 

12. Ownership; Proprietary Rights.
The Azureus Platform is owned and operated by Azureus. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Azureus Platform provided by Azureus (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Uploader Submissions that are provided and owned by Users, all Materials contained on the Azureus Platform are the property of Azureus or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Azureus or its affiliates and/or third-party licensors. Except as expressly authorized by Azureus, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Azureus reserves all rights not expressly granted in this Terms of Service.

13. Indemnification.
You agree to indemnify, save, and hold Azureus, its affiliated 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 Azureus Platform, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Azureus reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Azureus, and you agree to cooperate with Azureus's defense of these claims. Azureus will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

14. Disclaimers; No Warranties.

14.1 No warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AZUREUS, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AZUREUS OR THROUGH THE AZUREUS PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 14, THE TERM AZUREUS INCLUDES AZUREUS'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. 

14.2 "As is" and "As available" and "With All Faults".
YOU EXPRESSLY AGREE THAT THE USE OF THE AZUREUS PLATFORM IS AT YOUR SOLE RISK. THE AZUREUS PLATFORM AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, UPLOADER SUBMISSIONS, COMMERCIAL CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE AZUREUS PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. 

14.3 Platform Operation and Content.
AZUREUS, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, UPLOADER SUBMISSIONS, COMMERCIAL CONTENT, AZUREUS APPLICATION, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE AZUREUS PLATFORM OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. 

14.4 Accuracy.
AZUREUS, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE AZUREUS PLATFORM OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

14.5 Harm to Your Computer.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE AZUREUS PLATFORM (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. 

15. Limitation of Liability and Damages.

15.1 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL AZUREUS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING UPLOADER CONTENT AND COMMERCIAL CONTENT) ON THE AZUREUS PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH AZUREUS, EVEN IF AZUREUS OR AN AZUREUS AUTHORIZED REPRESENTATIVE HAS 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. IN SUCH CASES, AZUREUS'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

15.2 Limitation of Damages.
IN NO EVENT WILL AZUREUS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE AZUREUS PLATFORM OR YOUR INTERACTION WITH OTHER AZUREUS PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE AZUREUS PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

15.3 Reference Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN AZUREUS AND RECEIVED THROUGH OR ADVERTISED ON THE AZUREUS PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.

15.4 Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT AZUREUS HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND AZUREUS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND AZUREUS. AZUREUS WOULD NOT BE ABLE TO PROVIDE THE AZUREUS PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

15.5 Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED. 

16. Government End Users.
If the User or licensee of this commercial computer software (the Azureus Application) is an agency, department, or other entity of the United States Government (the "Government"), the use, duplication, reproduction, release, modification, disclosure, or transfer of this software, or any related documentation of any kind, including technical data and manuals, is restricted by a license agreement in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulations Supplement 227.7202 for military purposes. This product was developed fully at private expense. All other use is prohibited.

17. Open Source Requirements.
The Azureus Application may include, or may be distributed on the same media or in the same download with, software that is subject to open source licensing terms ("Open Source Software") which terms are available at here. Open Source Software shall remain subject to such terms. THE OPEN SOURCE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. NEITHER AZUREUS, NOR THE AUTHORS OR COPYRIGHT HOLDERS OF THE OPEN SOURCE SOFTWARE SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), 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 OR DISTRIBUTION OF THE OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Copyrights to the Open Source Software are held by the copyright holders indicated in the copyright notices in the corresponding source files. If the Open Source Software license also requires source code to be made available, such source code is available here. Without limiting the foregoing, the Azureus Application may be distributed on the same media or in the same download with certain software that is subject to a General Public License (GPL) ("GPL Software"), and such GPL Software is licensed to you free of charge. 

18. United States Export Controls.
You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under this Terms of Service are contingent on your compliance with this provision.

19. Miscellaneous.

19.1 Notice.
Azureus may provide you with notices, including those regarding changes to Azureus's terms and conditions, by email, regular mail or postings on the Azureus Platform. Notice will be deemed given twenty-four hours after email is sent, unless Azureus is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Azureus Platform. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Azureus Platform is deemed given 30 days following the initial posting. 

19.2 Waiver.
The failure of Azureus to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Azureus. 

19.3 Governing Law.
These Terms will 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. 

19.4 Arbitration.
For Users residing outside the United States of America and using the Azureus Platform in another territory, section 19.5 (Jurisdiction) does not apply and this section applies to you. Any dispute or claim arising out of or in connection with these Terms or your use of the Azureus Services shall be finally settled by binding arbitration in San Francisco, California under the Rules of Arbitration of the International Chamber of Commerce by three arbitrator(s) appointed in accordance with said rules; judgment on the award rendered by these arbitrators may be entered in any court having jurisdiction thereof. The parties agree that this arbitration is the exclusive remedy for any disputes.

19.5 Jurisdiction.
For Users residing inside the United States of America and using the Azureus Platform in the United States, section 19.4 (Arbitration) does not apply and this section applies to you. You agree that any action at law or in equity arising out of or relating to these Terms or Azureus will be filed only in the state or federal courts in and for Santa Clara County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. 

19.6 Severability.
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

19.7 Assignment.
These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Azureus without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.

19.8 Survival.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 5, 6.3, 6.5, 6.6, 7-15, and 17-19.

19.9 Headings.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

19.10 Entire Agreement.
This is the entire agreement between you and Azureus relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Azureus as set forth in section 4 above.

19.11 Claims.
YOU AND AZUREUS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AZUREUS PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

19.12 Disclosures.
The services are offered by Azureus, Inc., located at: 471 Emerson Street, Palo Alto, CA 94301 and email: support@azureus-inc.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.