End User License Agreement (EULA)

By accepting this agreement or by installing ManyDownloader (the 'Software') offered by or on behalf of Visicom Media Inc. ('VISICOM') or by clicking 'Install', you agree to the following terms.

IMPORTANT NOTICE: THE SOFTWARE IS A PEER-TO-PEER FILE DISTRIBUTION APPLICATION MADE AVAILABLE TO USERS TO ENABLE THEM TO SHARE, BETWEEN THEM, CERTAIN CONTENT(S) TO WHICH THEY OWN THE INTELLECTUAL PROPERTY RIGHTS OR WHICH THEY HAVE PERMISSION FROM THE OWNER(S) TO DISTRIBUTE OR SHARE BETWEEN THEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SOFTWARE IS NOT MEANT, IS NOT TO BE USED, TO ASSIST IN ANY WAY, SHAPE OR FORM THE DISSEMINATION OR SHARING OF COPYRIGHTED MATERIALS TO WHICH YOU DO NOT HAVE THE RIGHTS OR THE NECESSARY PERMISSION TO COPY, DISSEMINATE, DISTRIBUTE, MAKE AVAILABLE TO OTHERS, SHARE OR PUBLISH. USE OF THE SOFTWARE TO SHARE SUCH MATERIAL(S) IS STRICTLY FORBIDDEN AND, AS THE CASE MAY BE, WILL BE CAUSE FOR IMMEDIATE TERMINATION OF THIS LICENSE, WITH OR WITHOUT PRIOR NOTICE TO YOU.

License

Subject to your compliance with these terms and conditions, VISICOM grants you a royalty-free, non-exclusive, non-transferable license to use the Software, solely for your personal, non-commercial purposes. VISICOM reserves all rights in the Software not expressly granted to you here.

Conditions and Restrictions

The source code, design, and structure of the Software are trade secrets. You will not disassemble, decompile, or reverse engineer it, in whole or in part, except to the extent expressly permitted by law, or distribute it. As a condition of the granting of the license described above and your permission to use the Software, you agree not to use the Software for any illegal purposes, including to assist in any way, shape or form the copying, dissemination, distributing, making available, sharing or publishing of copyrighted materials to which you do not have the rights or the necessary permission to copy, disseminate, distribute, make available to others, share or publish. You will comply with all export laws. The Software is licensed, not sold.

VISICOM does not generally monitor the content being shared through the Software but reserves the right to do so, with or without prior notice to you, at any time and for any reason whatsoever, including should we suspect that the Software is being used to facilitate infringing activities. We also reserve the right to terminate, interrupt and/or cancel any file transfer or sharing of any computer file that we have reason to believe is being shared through the Software in a manner that infringes the rights of the owner of the intellectual property rights thereto.

Downloading and Updates

The Software downloads only those files that are both authorized by you for download (specifically or by category or subscription), except that the Software automatically updates itself.

Automatic Uploading

The Software accelerates downloads by enabling your computer to grab pieces of files from other the Software users simultaneously. Your use of the Software to download files will, in turn, enable other users to download pieces of those files from you, thereby maximizing download speeds for all users. In the Software, only files that you are explicitly downloading or sharing or have downloaded or shared through the Software will be made available to others. You consent to other users' use of your network connection to download portions of such files from you. At any time, you may uninstall the Software through the Add/Remove Programs control panel utility. In addition, you may control the Software in multiple ways through its user interface, without affecting any files you have already downloaded.

Disclaimer of Warranty

VISICOM DISCLAIMS ANY RESPONSIBILITY FOR HARM RESULTING FROM THE SOFTWARE, OR FROM ANY OTHER SOFTWARE OR CONTENT DOWNLOADED USING THE SOFTWARE, WHETHER OR NOT VISICOM APPROVED SUCH SOFTWARE OR CONTENT. VISICOM APPROVAL DOES NOT GUARANTEE THAT SOFTWARE OR CONTENT FROM AN APPROVED PARTNER WILL FUNCTION, SOUND, OR APPEAR AS OFFERED OR HOPED, OR BE COMPLETE, ACCURATE, OR FREE FROM BUGS, ERRORS, VIRUSES, OR OTHER HARMFUL CONTENT. VISICOM, INC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE REGARDING THE SOFTWARE OR ANY SOFTWARE OR CONTENT YOU DOWNLOAD USING THE SOFTWARE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VISICOM, INC OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU TO ITS FULL EXTENT.

Limitation of Liability

IN NO EVENT SHALL VISICOM, OR VISICOM, OR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF OUR SOFTWARE BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT OR INDIRECT DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHER PECUNIARY LOSS INCURRED BY YOU (THE USER) AND ARISING OUT OF THE USE OR INABILITY TO USE OUR SOFTWARE, EVEN IF VISICOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination

VISICOM reserves the right to terminate this End User License Agreement should you breach or violate any of the provisions found in this End User License Agreement, with or without prior notice to you. Upon termination of this End User License Agreement, VISICOM reserves the right to also terminate your access to or your ability to use the Software, and will not be liable for the loss of any content or data resulting from such termination.

Indemnity

You agree to indemnify, save harmless and defend VISICOM and its directors, officers, shareholders, employees and affiliates from and against any and all claims, actions, suits, proceedings, costs, expenses, whether direct or indirect, damages and liabilities whatsoever (including, without limitation, legal fees, expenses and any ancillary costs and expenses) arising out of or resulting from: (a) Your use of the Software in any way that is contrary to this End User License Agreement, including your failure to comply with any of the prohibitions contained in this End User License Agreement; (b) Your copying, dissemination, distributing, making available, sharing or publishing of any copyrighted materials to which you do not have the rights or the necessary permission to so copy, disseminate, distribute, make available to others, share or publish; (c) any act done by you, or those for which you are responsible at law, and not expressly authorized by this End User License Agreement.

Property

The name “ManyDownloader” is a trademark of VISICOM, and is protected by laws regarding trademarks and intellectual property. Your use of the products' name is strictly forbidden unless it's used with the express written permission of VISICOM. The Software, including its code, documentation, appearance, structure, and organization is an exclusive product of VISICOM, which retains all intellectual property rights concerning it, its copies, modifications, or merged parts, including any copyrights and invention rights.

Governing Law and Forum

This Agreement will be governed and interpreted according to the laws applicable within the State of New York and U.S. federal laws (excluding the application of its conflicts of law rules). Any judicial proceedings relating to this Agreement must be presented in the Judicial District the Federal District Court of the Southern District of New York located in New York, NY, to the exclusion of any other courts or jurisdiction.