VuzeVPN Terms of Service and End User License Agreement
As of October 16, 2020
Welcome to Azureus Software! We look forward to providing you with our virtual private network (VPN) technologies available at website located at www.vuzevpn.com, as well as other websites, services, software applications and networks owned or controlled by us that link to these Terms of Service and End User License Agreement (collectively, our "Terms") (collectively, "VuzeVPN" or the "Platform").
These Terms govern at all times your use of the Platform, including our VuzeVPN downloadable software comprising a part of the Platform (the "Software") and the related services offered via the Platform by you ("You" or "Your"). For purposes of these Terms, "Azureus Software," "we," "us," and "our" means Azureus Software, Inc., with a principal place of business at 774 Mays Boulevard, Suite 10-568, Incline Village, NV 89451.
1. Your relationship with Azureus Software
Your use of the Platform, including without limitation all products, Software, services and websites forming a part thereof, as well as all upgrades and updates to any and all of the foregoing, is subject to these Terms, which is a legally binding agreement between You and Azureus Software. For clarity, services and software provided to You by Azureus Software pursuant to a separate written agreement are specifically excluded from the terms of these Terms.
2. Accepting the Terms
2.1 In order to use the Platform, You must first agree to the Terms. You may not use the Platform if You do not accept the Terms. It is important that You take the time to read these Terms carefully.
2.2 You can accept the Terms by:
3. Provision of the Platform by Azureus Software and its Affiliates
- clicking to accept or agree to the Terms, where such an option is made available to You by Azureus Software in the user interface for the Platform or any portion of the Platform or as part of the Software download process; or
- by actually using the Platform, or any part thereof. In this case, You understand and agree that Azureus Software will treat Your use of the Platform or any portion thereof (including the Software) as acceptance of these Terms from the date of first use and at any time thereafter.
3.1 VuzeVPN provides users, including You, with certain VPN technologies and software, including without limitation, the following:
- The ability to transmit data between your connected device (e.g., computer, smartphone or tablet) in an encrypted manner;
- The opportunity to reduce security risks posed by nefarious online entities, such as hackers and cyber criminals;
- The ability to browse websites and access Internet applications anonymously without being tracked, logged or having any of your Personal Information (i.e., Personally Identifiable Information / PII), including your IP address stored or catalogued;
- A means to avoid throttling measures which may be imposed by Internet Service Providers to slow or lag your connection to certain websites and applications (such as streaming services); and
- The ability to expose cheaper prices on products and services that may be available on the Internet, but that are not otherwise exposed to you based on your current location/IP address.
3.2 We regularly update and modify the Platform. You acknowledge and agree that the form and nature of the Platform that we provide pursuant to these Terms may change from time to time without prior notice to You.
3.3 You acknowledge and agree that we may at any time cease providing, permanently or temporarily, the Platform or any portion thereof, as it deems necessary or appropriate in its sole discretion, without notice to You. You may stop using the Platform at any time without notice to Azureus Software.
3.4 You acknowledge and agree that Azureus Software has affiliated legal entities (collectively, the "Affiliated Entities") worldwide and that these Affiliated Entities may provide some or all of the Platform made available via the Platform on Azureus Software's behalf, as determined by Azureus Software in its sole discretion.
3.5 You acknowledge and agree that we reserve the right to terminate and/or suspend Your access to some or all of the Platform. To the extent we exercise this right, You may be prevented from accessing the Platform, Your account information (if any), and/or any Content, files or other information otherwise available via Your account.
4. Use of the Platform by You
4.1 Your use of the Platform, shall be limited solely to the purposes that are permitted by these Terms, as well as all applicable laws, rules, regulations or generally accepted practices or guidelines in the relevant jurisdictions, including without limitation any laws regarding the export of data or software to and from the United States or other relevant countries.
4.2 You agree that You shall not engage in any activity that interferes with or disrupts the Platform, including without limitation any networks, servers, or other technology and/or equipment provided in connection with the Platform, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
4.3 You are not allowed to (a) adapt, alter, translate, embed into any other product or otherwise create derivative works of, or otherwise modify the Platform or any portion thereof; (b) separate the component programs of the Platform for use on different connected devices; (c) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for the Platform, except as permitted by applicable law; (d) copy or modify the Platform; (e) transfer, sublicense, lease, lend, rent, or otherwise distribute the Platform or any portion thereof, to any third party; (f) use the Platform in any unlawful manner, for any unlawful purpose, 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, or in any manner inconsistent with these Terms; (f) damage, disable, overburden, or impair the Platform (or any server or networks connected to the Platform); (g) interfere with any third party's use and/or enjoyment of the Platform (or any server or networks connected to the Platform); or (h) remove, alter or obscure any proprietary notices on the Platform or the applicable documentation related thereto.
4.4 You understand and agree that You are solely responsible for (and that Azureus Software has no responsibility to You or to any third party for) any breach of Your obligations under these Terms and for the consequences (including any loss or damage which Azureus Software may suffer) of any such breach.
4.5 You agree to comply with all applicable laws, rules, and regulations when using the Platform. You will not use the Platform to infringe upon any third party's rights, including without limitation, any intellectual property rights or privacy rights of any person or entity.
4.7 If you have previously been banned or had your rights to the Platform suspended or terminated, you are expressly prohibited from using the Platform or any aspect thereof, including any Software.
4.8 If you are using the Platform and/or opening an account with Azureus Software on behalf of a legal entity, you represent and warrant that (i) you are an authorized representative of such legal entity; (ii) you acknowledge and agree to be bound by these Terms on behalf of such legal entity; (iii) you have all requisite authority to bind such legal entity to these Terms; and (iv) such legal entity agrees to be bound by these Terms.
4.9 By using the Platform, You represent and warrant to Azureus Software that You own the connected device to which You are downloading the Platform, or that You have the legal right to control the use of that connected device. You agree to ensure that any other person whom You permit to use any part of the Platform will do so in accordance with these Terms. You must delete any copies of the Platform or any component thereof, including any Software, from the computer if You sell the computer, or if You cease to have the legal right to control use of the computer.
4.10 By using the Platform or any component thereof, you agree not to:
- use the Platform for any purposes other than those contemplated by these Terms (as offered by the Platform) for your personal connected device;
- post, upload, or distribute any defamatory, slanderous, libelous, or inaccurate Content or Content that invades the right of privacy, publicity or other property rights of any other person. For purposes hereof, "Content" means any content and information, including without limitation, data, text, files, links, software, chat, content, music, audio files, sound, photographs, graphics, images, video, communications, messages or other materials and terms of expression;
- post, upload, or distribute Content that infringes, violates, or misappropriates 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.
- post, upload, or distribute Content that contains 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 Platform.
- post, upload, or distribute any 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;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Platform accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Platform, or perform any other similar fraudulent activity;
- upload, post and/or make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Platform, including, 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;
- defame, harass, abuse, threaten or defraud users of the Platform, or collect, or attempt to collect, personal information about users or third parties without their consent, or use the content on the Platform for any commercial use, it being understood that the content available on the Platform is for personal, non-commercial use only;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform or any Content accessible via the Platform, features that prevent or restrict use or copying of any content accessible through the Platform, or features that enforce limitations on the use of the Platform or Content accessible via the Platform
4.11 In connection with your use of the Platform, you acknowledge and agree that:
- your use of the Platform may require an active and stable connection to the Internet in order to function and that it is your responsibility to ensure that you have at all times an active and stable Internet connection;
- you are the legal owner of the device on which you download the Software and the email address you have used to register your account with us, and you have all the legal rights to create your account;
- installing on the Software on your device, and taking in consideration the security policies and rules selected by you, you may experience access restrictions to device and data loss due to remote device lock or wipe commands applied by the administrator of the account manually through security policies;
- you, as administrator, have the right to monitor your device, locate it on map, enforce screen lock and authentication, lock and wipe device, encrypt media storage, remove temporary files, registry keys and browser data, scan applications and files on your device;
- Azureus Software and any Third Party Service provider (as defined herein) shall not be held responsible for any damages caused to you resulting from privacy or data loss;
- the Platform offers an Internet control software which Software shall be installed on your device (computer, mobile, mobile computer device) that intercepts Internet-bound traffic, to monitor traffic and allows you to limit access to certain content;
- you may not use the services to gain unauthorized access, to upload, transmit, and transfer data or information to Azureus Software and/or any Third Party Service provider by any means;
- you are solely responsible for ensuring that your device is sufficient and compatible for use with the Platform;
- the Platform may not be used to misrepresent or to act on behalf of others;
- you are aware that the features and functionalities may sync encrypted information across devices based on your request;
- you are aware that the level of encryption that can be used by the Platform should protect your information from the average device user; however, you acknowledge that the encryption may be broken;
- you are aware that information that has been encrypted may not be unencrypted if your hard drive has bad sectors or fails; and
- Azureus Software shall not be held responsible for access of your information where you have provided your password to a third party or have failed to use reasonable efforts to protect such information, password, answers to challenge questions or for user error.
4.12 In order to use certain features of the Platform, you will be required to create an account and you will 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 Software 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 Software. You may be liable for the losses incurred by Azureus Software or others due to any unauthorized use of Your Platform account.
5. Privacy and Your personal information
6. Content Available from or through the Platform
6.1 You acknowledge and agree that any and all Content which You may be able to access to as part of, or through Your use of, the Platform are the sole responsibility of the person from which such Content originated. Azureus Software does not endorse any Content accessible through the Platform, including any opinion, recommendation or advice expressed therein, and Azureus Software expressly disclaims any and all liability in connection with such Content. You understand that when using the Platform, You may be exposed to Content from a variety of sources, and that Azureus Software is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content. You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Azureus Software with respect thereto. Notwithstanding the foregoing, we reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any portion of the Platform, in its sole discretion.
6.2 You acknowledge and agree that the features and functions and other content (including advertisements that may be presented to you in connection with your use of the Platform) accessible to You as part of the Platform, are protected by intellectual property rights which are owned by Azureus and/or the applicable provider of such features and functions and other content (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on the Platform (either in whole or in part) unless You have been specifically told that You may do so by Azureus Software or by the respective owners of such features and functions and other Content, in a separate agreement. If notified by another Platform user or by an owner of any feature, function or other content comprising a part of the Platform that your use of any of the foregoing allegedly does not conform to these Terms, Azureus Software may investigate the allegation and determine in its sole discretion whether to terminate your access to such features, functions or other content, which it reserves the right to do at any time and without notice. Azureus Software does not permit copyright infringing activities on the Platform under any circumstances.
6.3 Unless You have the express consent of the proper owner of any Content that is copyrighted, trademarked or otherwise subject to a proprietary right, You are not permitted to create, upload, post, transmit, display or otherwise make such Content available on or though the Platform. You are solely responsible for determining whether any Content You wish to upload, post, transmit, display or otherwise make available on or through the Platform are subject to copyright, trademark or some other proprietary right. Additionally, You are solely liable for any damages that may arise as a result of any infringement of copyright, trademark or other proprietary right, or any other damages that result from Content that You upload, post, transmit, display, or otherwise make available on or through your use of the Platform. Azureus Software reserves the right in its sole and absolute discretion to promulgate such additional rules and policies which it deems necessary or appropriate to govern the posting or submission of Content on or through the Platform and in connection with your use of the Platform. By distributing or disseminating Content through the Platform, You hereby grant to Azureus Software a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable (through multiple tiers), assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, modify and otherwise exploit Your Content (and any copyrights, publicity, database and other proprietary rights therein), in any media formats and through any media channels, in order to distribute, promote or advertise Your Content or the Platform. You are solely responsible for Your Content and the consequences of posting or publishing Your Content. By uploading and publishing Your Content, You covenant, represent, and warrant that You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Azureus Software and the Platform users to use and distribute Your Content as necessary to exercise the licenses granted by You in this Section 6 and in the manner contemplated by Azureus Software and these Terms. Violators of these third-party rights may be subject to criminal and civil liability. We reserve all rights and remedies against any Users who violate these Terms.
6.4 You are solely liable for any damages that may arise as a result of any infringement of copyright, trademark or other proprietary right, or any other damages that result from your use of the Platform in a manner that violates these Terms. We reserve the right in our sole and absolute discretion to promulgate such additional rules and policies which we deems necessary or appropriate to govern your use of the Platform.
7. Proprietary rights
7.1 You acknowledge and agree that, as between You and Azureus Software, Azureus Software owns all legal right, title and interest in and to the Platform, including any intellectual property rights which subsist in the Platform (whether those rights happen to be registered or not, and wherever in the world those rights may exist), subject at all times to any third party and/or open source licenses that Azureus Software is subject to with respect to the Platform. The Platform is protected by copyright, trademark, other statutory and common law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Platform as delivered to you. Except for any Content provided and owned by Platform users, including You, as between You and us, all Content contained on the Platform is the property of Azureus Software or its Affiliated Entities and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Azureus Software or its Affiliated Entities and/or third-party licensors.
7.2 Nothing in these Terms gives You a right to use any of Azureus Software's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
7.3 Azureus Software acknowledges and agrees that it obtains no right, title or interest from You (or Your licensors) under these Terms in or to any Content that You upload, post, transmit, display or otherwise make available on or through the Platform, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that You, and not Azureus Software, are responsible for protecting and enforcing any such rights and that Azureus Software has no obligation to do so on Your behalf.
8. License from Azureus Software
8.1 Subject to the restrictions on use set forth in these Terms, Azureus Software gives You a personal, limited, revocable, royalty-free, non-sublicensable, non-transferable, non-assignable and non-exclusive license to download, install, enable and use the Platform as provided to You by Azureus Software, including to upload and distribute your Content and to download Content from the Platform, including a license to install and use one copy of the Software on Your personal computer, including Your laptop, desktop and handheld device solely for your personal use in connection with the Platform as set forth in these Terms. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Platform and in the manner permitted by these Terms. You may only use the Platform for personal use. You are not allowed to sell, trade or resell the Platform for any purpose, including without limitation any use in any application service provider environment, service bureau, or time-sharing arrangements. If you violate the terms of the foregoing license, such license will automatically terminate, and Azureus Software may in its sole discretion terminate these Terms, including without limitation your right to access and use the Platform. Azureus Software reserves all rights in the Platform not expressly granted to you in these Terms.
8.2 Unless Azureus Software has given You specific written permission to do so, You may not assign (or grant a sub-license of) Your rights to use the Platform, grant a security interest in or over Your rights to use the Platform, or otherwise transfer any part of Your rights to use the Platform.
8.3 You may make one copy of the Software provided through the Platform in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained in the original.
9. Software Updates
9.1 The Software which You use automatically downloads and installs updates from time to time from Azureus Software, as Azureus Software may determine in its sole discretion. The Software may also automatically configure third-party software (such as your Browser or operating system) in connection with your Use of the Software. Download and install updates and/or configurations, collectively, will be referred herein as "Software Updates." Any such Software Updates will be designed to improve, enhance and further develop the Software and/or the Platform and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. Without further notice or consent, You agree to receive such Software Updates (and permit Azureus Software to deliver these to You) as part of Your use of the Platform, all of which shall be subject to these Terms. You acknowledge and agree that Software Updates may affect the settings and/or your user experience of the third-party software, including without limitation, your Internet Browser's settings and/or your user experience. Further, you agree that by using the Software you may periodically send technical data and related information to Azureus Software to facilitate the provision of Software Updates, product support, and other services to you, if any, related to the Software. Such information may include, but is not limited to, technical information or personal preferences about your computer or device (whether mobile device or other), and/or Internet Browser and/or system. Additionally, you agree that Azureus Software may conduct A/B testing and change the look and feel of the Software or add additional features in order to improve your experience with the Software and the Platform generally.
9.2 You acknowledge that due to version updates of, or other modifications made by third parties to, certain portions of the Platform and Software may become temporarily invisible, inoperative, or disabled, and part or all of its features will be inaccessible to you.
9.3 Azureus Software is not obligated to maintain or support the Software, or to provide you with Software Updates, fixes, or services related thereto. If you are not satisfied with the Software, your sole recourse is to cancel your subscription.
10. Ending Your Use of the Software and the Platform
10.1 These Terms will continue to apply until terminated by either You or Azureus Software as set out below.
10.2 Azureus Software reserves the right for any or no reason, and without penalty, to terminate its legal agreement with You and remove and discard all or any part of Your account, user profile, and any of your Content, at any time at any time and for any reason, with or without notice to You, including without limitation, if:
- You have breached any provision of these Terms or have taken actions which demonstrate or tend to demonstrate that You are unable or unwilling to comply with these Terms; or
- Azureus Software is required to do so by law, such as if the Platform, or any component thereof (such as the Software) may no longer be lawfully provided to You, in whole or in part; or
- Any partner of Azureus Software, including any Third Party Service provider, that provides all or a portion of the Platform made available to You pursuant to these Terms has terminated or suspended its relationship with Azureus Software or ceased to offer same to Azureus Software; or
- Azureus Software will no longer be providing the Platform to users in the country in which You are resident or from which You use the Platform; or
- the provision of the Platform to You by Azureus Software is, in our sole opinion, no longer commercially viable.
You agree that Azureus Software 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 Software may have at law or in equity. Upon termination for any reason, You agree to immediately stop using and to uninstall and/or destroy all copies of the Platform, including the Software, any accompanying documentation, and all other associated materials.
10.3 Your only remedy with respect to any dissatisfaction with (i) the Platform, (ii) these Terms, (iii) any policy or practice of Azureus Software in operating the Platform, or (iv) any Content or Software transmitted through the Platform, is to terminate these Terms and Your account and cease use of the Platform. You may terminate these Terms at any time by discontinuing use of any and all parts of the Platform, uninstalling all copies of any Software on Your computer, and destroying all copies thereof in Your possession.
10.4 Upon the termination of these Terms, all of the legal rights, obligations and liabilities that You and Azureus Software have benefited from, been subject to (or which have accrued over time during the period in which the Terms has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
11. DISCLAIMER OF WARRANTIES
11.1 THE PLATFORM, ALL SOFTWARE COMPRISING A PART THEREOF, ALL CONTENT ACCESSIBLE THROUGH THE PLATFORM, AND ALL THIRD PARTY SERVICES ARE MADE AVAILABLE ON AN "AS IS, AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. AZUREUS SOFTWARE DOES HEREBY SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PLATFORM AND ALL SOFTWARE COMPRISING A PART THEREOF OFFERED BY AZUREUS SOFTWARE, AND/OR ANY CONTENT, FEATURES OR FUNCTIONS DELIVERED, SENT, RECEIVED, OR MADE AVAILABLE BY OR THROUGH THE PLATFORM, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11.2 AZUREUS SOFTWARE DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, AVAILABILITY, RELIABILITY OR THE RESULTS OF THE USE OF THE PLATFORM, ALL SOFTWARE COMPRISING A PART THEREOF ,ALL CONTENT ACCESSIBLE THROUGH THE PLATFORM, AND ALL THIRD PARTY SERVICES, OR THE INFORMATION AND CONTENT DELIVERED, SENT, OR RECEIVED BY OR THROUGH THE PLATFORM IN TERMS OF THE ACCURACY, VALIDITY, QUALITY, RELIABILITY, COMPLETENESS, STABILITY, CURRENTNESS, OR OTHERWISE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE ENTIRE RISK AS TO THE USE, RESULTS AND PERFORMANCE OF THE PLATFORM, IS ASSUMED AND BORNE BY YOU.
11.3 MORE PARTICULARLY, AZUREUS SOFTWARE DOES NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE PLATFORM OR ANY CONTENT AVAILABLE THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS,
- YOUR USE OF THE PLATFORM OR ANY CONTENT AVAILABLE THROUGH THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR, VIRUSES OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED,
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE, AND
- THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE PLATFORM OR ANY PORTION THEREOF WILL BE CORRECTED.
11.4 ANY SOFTWARE DOWNLOADED OR FEATURES AND/OR FUNCTIONS OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM, INCLUDING ANY SOFTWARE AND/OR ANY CONTENT, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING THE SOFTWARE AND/OR ANY PORTION OF THE PLATFORM OR THE CONTENT.
11.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AZUREUS SOFTWARE OR THROUGH OR FROM THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
11.6 ANY OPEN SOURCE SOFTWARE (AS DEFINED IN SECTION 14.4 BELOW) 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 SOFTWARE, NOR THE AUTHORS OR COPYRIGHT HOLDERS OF SUCH 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 SUCH OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. LIMITATION OF LIABILITY
12.1 SUBJECT TO SECTION 11.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT AZUREUS SOFTWARE AND ITS AFFILIATED ENTITIES, CONTRACTORS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS, AND SUPPLIERS WILL NOT, IN ANY EVENT, BE LIABLE TO ANY PARTY, INCLUDING YOU:
- FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE PLATFORM OR ANY PORTION THEREOF PROVIDED BY AZUREUS SOFTWARE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE;
- FOR ANY CLAIM ATTRIBUTABLE TO OMISSIONS, ERRORS, DELAYS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION OR CONTENT, INCLUDING ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE PLATFORM;
- FOR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART OF THE PLATFORM, OR ANY CONTENT AVAILABLE THROUGH THE PLATFORM, INCLUDING THE SOFTWARE COMPRISING A PART THEREOF, FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION OR THE CONTENT;
- IF THE PLATFORM, OR ANY CONTENT AVAILABLE THROUGH THE PLATFORM, INCLUDING THE SOFTWARE COMPRISING A PART THEREOF INFECTS OR CONTAMINATES A USER'S SYSTEM OR INFORMATION;
- ANY CHANGES WHICH AZUREUS SOFTWARE MAY MAKE TO THE PLATFORM, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE PLATFORM (OR ANY FEATURES WITHIN THE PLATFORM);
- YOUR FAILURE TO PROVIDE AZUREUS SOFTWARE WITH ACCURATE ACCOUNT INFORMATION; OR
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
12.2 THE LIMITATIONS OF LIABILITY TO YOU IN SECTION 12.1 ABOVE SHALL APPLY WHETHER OR NOT AZUREUS SOFTWARE (OR ITS AFFILIATED ENTITIES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS) HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. SINCE SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AZUREUS SOFTWARE'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
12.3 YOU ACKNOWLEDGE AND AGREE THAT AZUREUS SOFTWARE 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 SOFTWARE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND AZUREUS SOFTWARE. AZUREUS SOFTWARE WOULD NOT BE ABLE TO PROVIDE THE PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Some portions of the Platform may be supported by advertising revenue and may display advertisements and promotions. The manner, mode and extent of advertising by Azureus Software on the Platform are subject to change without specific notice to You. In consideration for Azureus Software granting You access to and use of the Platform, You agree that Azureus Software may place such advertising on the Platform.
14. Other content; Open Source
14.1 Certain portions of our Platform contain features and functionality that may link to or be provided from a third party, including without limitation third party websites, databases, applications, software, programs, services, directories, servers, networks, and systems (collectively, "Third Party Services"). Azureus Software provides these Third Party Services to You as a convenience only and Azureus Software does not, in any way, control or manage such Third Party Services. As such, Azureus Software is not responsible for the content, functionality, accuracy, truthfulness, or availability of such Third Party Services or any link contained therein. By making such Third Party Services available via the Azureus Software Services, Azureus Software is not endorsing or warranting such Third Party Services in any way. Furthermore, Azureus Software does not endorse any product or service that may be offered on or through such Third Party Services or through advertising delivered on or through the Services. Under no circumstances shall the access to or availability of such Third Party Services give rise to any liability to anyone for any damage of whatever nature whatsoever.
14.2 Without limiting any of the foregoing, portions of the Platform offered by Azureus Software may contain functionality that allows for the sending, delivering or receiving of information between you and the Platform and certain Third Party Services, which may be relayed or carried through networks, systems, servers, websites or applications (e.g. telephone and cellular networks, e-mail servers) that are not owned or controlled by Azureus Software ("Third Party Networks
"). Azureus Software cannot and shall not in any way be responsible for the performance, availability, functionality, quality, or reliability of any of the Third Party Networks or the information sent, delivered, relayed, carried or received through any such Third Party Networks. Notwithstanding anything herein, Azureus Software does not warrant or guarantee that the information sent, relayed, carried or delivered through Third Party Networks will reach its destination, or its correct address or recipient, or that the details of the recipient or sender are correct or accurate.
14.3 The Platform may include, or may be distributed on the same media or in the same download with, software ("Open Source Software") that is subject to so-called "open source" licenses, which means any software licenses approved as open source licenses by the Open Source Initiative or any substantially similar licenses, including without limitation any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format, and including without limitation the GNU General Public License or GPL. You acknowledge that certain components of the Platform may be covered by such Open Source Software Licenses. Azureus Software shall provide a list of Open Source Software for a particular version of the Platform upon your request. Copyrights to the Open Source Software are held by the copyright holders indicated in the copyright notices in the corresponding source files. To the extent required by the licenses covering Open Source Software, the terms of such licenses will apply in lieu of the terms of these Terms. To the extent the terms of the licenses applicable to Open Source Software prohibit any of the restrictions in these Terms with respect to such Open Source Software, such restrictions will not apply to such Open Source Software. To the extent the terms of the licenses applicable to Open Source Software require an offer to provide the source code thereto, such offer is hereby made to you.
15. Changes to the Terms
Azureus Software reserves the right, in its sole and absolute discretion, to change, alter, modify, amend or otherwise revise, from time to time, all or any portion of these Terms. Your continued use of the Platform following the notice of change to the Terms has been provided in accordance Section 15 hereof will be deemed to be Your consent to and agreement with any and all such changes, alterations, modification, and/or amendments and they will thereafter be deemed a part of these Terms without further notice to You. When these changes are made, Azureus Software will make a new copy of the Terms available at www.vuzevpn.com/terms.html. If there are significant changes to the Terms, we will notify You either by prominently posting a notice of such changes or by directly sending You a notification.
16. Copyright Claim Policy
16.1 Respecting the rights of copyright holders is of extreme importance to us. When you use our Platform, you are also expected to respect the rights of copyright holders, including with respect to any of the Content you submit.
16.2 You can submit a copyright infringement claim notice to us at email@example.com if you believe that any Content appearing on the Platform violates your copyrights, provided that you have a good faith belief that your Content has been copied and made accessible through the Platform in violation of your copyrights.
16.3 Any copyright infringement claims notice must include the following in accordance with applicable law:
- A description of the materials you claim are infringing upon the copyrights of another along with reasonable information for us to find it within our Platform;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- a demand that such allegedly infringing materials be removed or access disabled;
- a statement under penalty of perjury that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Reasonable contact information so we may contact and follow up with you, such as name, address, phone number and email address; and
- The signature (whether physical or electronic) of the person authorized to act on behalf of the owner of the copyright interest.
You are hereby advised that if the above notice requirements are not met, we may disregard the notice pursuant to 17 U.S.C. 512(c)(3). Pursuant 17 U.S.C. 512(f), you are additionally advised that you may be subject to civil penalties, including monetary damages, including costs and attorneys' fees, incurred by the alleged infringer (including us or any Third Party Service provider, by any copyright owner or copyright owner's authorized licensee, or by a service provider who is injured by your misrepresentation, if you knowingly making a material misrepresentation that online material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification.
16.4 If receive a complaint from a third party and determine that your content should be removed in response to a complaint received in accordance with the above process, we may notify you of such determination by us and provide you with information necessary for you to contact the complaining party and contest such determination. You can write to us at firstname.lastname@example.org if you wish to contest such decisions. Pursuant to 17 U.S.C. 512(g)(3), your notice of contest must include:
- A description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled within the Platform; and
- A statement under penalty of perjury, that you that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your consent to adjudicate your claim in the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are located outside of the United States, for any judicial district in which the applicable complaining party may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. 512(c)(1)(C) or an agent of such person;
- Reasonable contact information to follow up with you, such as name, address, phone number and email address; and
- Your signature or the person authorized to act on behalf of your behalf (whether physical or electronic).
You agree, as additional consideration for Your use of the Platform, to fully indemnify and hold harmless Azureus Software, its Affiliated Entities, and their respective officers, employees, agents, affiliates, contractors, partners, third-party-suppliers, and licensors from and against any demand or claim, including reasonable attorneys' fees, made by any third party due to or arising out Your use or misuse of the Platform, Your connection to the Platform, Your violations of the Terms, any Content You upload, download, submit, post, transmit or otherwise make available through the Platform, or Your violation of any rights of another. Azureus Software reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Azureus Software, and You agree to cooperate with Azureus Software's defense of these claims. Azureus Software will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
18. Security and Privacy Limitations
18.1 By use of the Platform, You acknowledge that You are aware (1) that data and information on the Platform may be subject to forgery, eavesdropping, tampering, sniffing, spamming, spoofing, password cracking, harassment, fraud, electronic trespassing, hacking, nuking, system contamination including viruses, worms and Trojan horses causing unauthorized, damaging and/or harmful access to, or retrieval of, information and data on Your computer; (2) of security and privacy limitations in the Platform including without limitation the limitation of security, privacy and authentication measures and features; (3) that the security and privacy features available on the Platform, are provided to You as a convenience only and may not operate according to their description or may not operate at all; (4) that information, data or messages may not reach their destination or may reach an erroneous address or recipient; and (5) that by activating certain features, You may provide third parties with certain limited remote access to certain files on Your computer. Activating these features of the Platform (including the Software) increases the risk that third parties will be able to tamper with Your computer.
18.2 You acknowledge that, as with most Internet applications (i.e. e-mail), there are certain risks associated with accepting or downloading files from or through the Platform. Such risks include but are not limited to (1) damage to Your computer, (2) damage to any data or files stored on Your computer, (3) Platform users viewing Your IP address, and (4) files You share with other Platform users being redistributed and used without Your knowledge.
18.3 Azureus Software reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
19. Paid Services and Free Trials.
Many features and functions of the Platform are provided to You on a premium or subscription basis for which a charge may apply (collectively, "Paid Services), unless a free trial period or other free component has been made available to you. The fees for and certain terms related to Paid Services will be presented at the time you sign up for such Paid Services. Some Paid Services may require that You agree to additional terms and conditions, which will supplement these Terms in general. Any charges incurred by You to access the Platform are Your sole responsibility. You agree that Azureus Software may, directly or through its Third Party Service providers, automatically renew your subscription to the Platform by charging a valid credit card number which you have provided. By providing a payment information, you are authorizing Azureus Software to charge your card information, through the authorized provider for the subscription fees associated with the Platform fees that you sign up to receive. We reserve the right to change the fees we charge for our Paid Services at any time in our sole discretion, provided that we provide you at least thirty (30) days prior notice of any such changes.
Your subscription will be automatically renewed prior to the expiration of the then-current term and each equivalent period thereafter for a fee no greater than Azureus Software's then-current price, excluding promotional and discount pricing offered at the renewal time. You agree to provide the payment provider the current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as, but not limited to a change in billing address, credit card number, or credit card expiration date), and you must promptly notify if your credit card is cancelled (such as, but not limited to for loss or theft). If you fail to provide any of the foregoing information, you agree that Azureus Software, through its payment providers, may continue charging you for any subscription automatically renewed unless you inform not to renew your subscription at email@example.com prior to the expiration of your subscription to the Platform and informing Azureus Software of your desire not to have such subscription automatically renewed. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein.
The Platform may automatically be deactivated at the end of the subscription period if you disable the automatic renewal and you will not be entitled to receive any feature or content updates to the Platform.
Upon any termination or expiration of this Agreement, you must cease use of the Platform and destroy all copies of the Platform.
We may also offer a free trial of our Platform from time to time, in our sole discretion (each a "Free Trial"). If you sign up for a Free Trial, you may be required to enter your billing information to provide for payment if your Free Trial converts to a Paid Service, per the terms of the Free Trial after the Free Trial period ends. If you have not terminated your use of the Platform prior to the end of your Free Trial, you acknowledge and agree that such Free Trial will be automatically converted to a Paid Service, per the terms set forth above.
20. Termination and Refunds.
As noted above, we may terminate your use of and access to the Platform or discontinue the provision of the Platform altogether at any time and for any reason in our sole and absolute discretion without notice to you. You agree we shall not be liable to you for any such termination. You may terminate your use of and access to the Platform at any time and for any reason in your sole discretion upon notice to us at firstname.lastname@example.org. If you have received any Paid Services, you may be entitled to a pro-rata refund of any amounts paid by you for such Paid Services if we terminate your access to the Platform. You will not be eligible for a refund if we terminate your use of the Platform as a result of your violation of these Terms. In the event you terminate your use of the Platform in accordance with the notice requirements set forth above, you will not be eligible for a refund with respect to any fees you may have paid to us prior to such termination.
21. European Users.
Platform users in the European Union, by using all or any portion of the Platform, understand, acknowledge and agree to the processing of their personal information in the United States.
Use of the Platform is at Your sole and exclusive risk. Azureus Software does not provide any assistance to its users, other than that which is posted on its website at https://www.vuzevpn.com/contact.html. Azureus Software does not undertake nor is it obligated to provide You with any updates, upgrades, bug fixes, error corrections and/or enhancements to all or any portion of the Platform.
23. Rights and Remedies
23.1 Nothing contained in this Agreement is intended to confer upon any person not a party to this Agreement any rights or remedies, except as specifically provided for herein. Furthermore, You understand and agree that these Terms, including without limitation, our enforcement of these Terms, is not intended to confer, nor do they confer, any rights or remedies upon any person other than Azureus Software, except as specifically provided for herein.
23.2 You acknowledge and agree that, in addition to any other legal remedies that may be available to it, Azureus Software may seek and obtain injunctive relief against You in the event of a disclosure or misuse or threatened disclosure or misuse of any of the proprietary and/or confidential information of Azureus Software contained in or accessible through use of the Platform, the disclosure of which would give rise to irreparable injury to Azureus Software, which could not adequately be compensated in damages.
24.1 You consent to receive any and all legally required communications, including notices, agreements, disclosures or other information in connection with the Platform electronically from Azureus Software (collectively, "Notices"). Azureus Software may provide Notices to You regarding Your use of the Platform, including without limitation any notices with respect to violations of the Terms, any updates to the Platform or the Terms, or any portions thereof, and promotional information, via (i) e-mail to an e-mail address provided by You, and/or (ii) by "pop up" notice, "System" notice, or any other form of notice, on any of the Platform and/or by (iii) posting the Notices on a main page or other page of the relevant Service.
24.2 The delivery of any Notice from Azureus Software is effective when sent by Azureus Software, regardless of whether You read the communication when You receive it. You may withdraw Your consent to receive Notices electronically by canceling Your use of the Platform.
If any part of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties hereto, and the remaining portions shall remain in full force and effect.
Azureus Software reserves the right, in its sole and absolute discretion, to transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms to an Affiliated Entity or any successor thereof or to any third party whatsoever, without notifying You or receiving Your consent. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of Your rights or obligations under these Terms.
The provisions of these Terms addressing usage restrictions, disclaimers of representations and warranties, intellectual property rights and obligations, indemnity obligations, Paid Services, and governing law shall survive the termination of these Terms for any reason, Your use of all or a portion of the Platform and Your use of or access to Paid Services.
28. Governing Law; Disputes
28.1 If a dispute arises between You and Azureus Software, our goal is to provide You with a neutral and cost effective means of resolving the dispute quickly. Accordingly, You and Azureus Software agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with this Section. Before resorting to these alternatives, we strongly encourage You to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
28.2 These Terms shall be governed in all respects by the laws of the State of Florida as they apply to agreements entered into and to be performed entirely within Florida between Florida residents, without regard to conflict of law provisions. You agree that any claim or dispute You may have against Azureus Software must be resolved by a court located in Lee County, Florida, except as otherwise agreed by the parties or as described in the Arbitration Option below. You agree to submit to the personal jurisdiction of the courts located within Lee County, Florida for the purpose of litigating all such claims or disputes.
28.3 For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
28.4 All claims You bring against Azureus Software must be resolved in accordance with this Section 28. All claims filed or brought contrary to this Section 28 shall be considered improperly filed. Should You file a claim contrary to this Section 28, Azureus Software may recover attorneys' fees and costs up to $1000, provided that Azureus Software has notified You in writing of the improperly filed claim, and You have failed to promptly withdraw the claim.
29. Export Control.
You agree to abide by U.S. and other applicable export control laws and not to export, re-export or otherwise transfer, by electronic transmission or otherwise, any content or Software subject to restrictions under such laws to a national destination prohibited under such laws or to any person to whom exports, re-exports or transfers are prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Platform any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
30. Government End Users.
If You are an agency, department, or other entity of the United States Government (the "Government"), the use, duplication, reproduction, release, modification, disclosure, or transfer of the Platform, 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.
The headings and captions used in this Agreement are inserted for convenience only and will not affect the meaning or interpretation of this Agreement.
To the extent that Azureus Software has provided You with a translation of the English language version of these Terms, You agree that the translation is provided for Your convenience only and that the English language versions of the Terms will govern Your relationship with Azureus Software with respect to the subject matter hereof. In the event of any conflict between the English language version of these Terms and any translated version of these Terms, the English language version shall control.
If any provision of these Terms 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.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Azureus Software without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
35. No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
36. Apple App Store Additional License Terms
If the Platform or any component thereof is provided to you through Apple Inc. (Apple Inc. together with all of its affiliates, "Apple") App Store, the following terms and conditions apply to you in addition to all the other terms set forth herein:
36.1 Apple is not responsible for the Platform and has no obligation to furnish any maintenance or support services with respect to the Platform and/or any Software comprising a part thereof.
36.2 In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by the Customer Agreement.
36.3 Any claim in connection with the Platform related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms, and Apple is not responsible for such claim.
36.4 Any third party claim that the Platform or your possession and use of the Platform infringes that third party's Intellectual Property Rights will be governed by these Terms, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.
36.5 Apple shall be a third-party beneficiary of these Terms and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.
***End of Terms***