End User Licence Agreement

BEFORE YOU DOWNLOAD AND INSTALL THE DEEPNET EXPLORERTM SOFTWARE, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENCE. BY DOWNLOADING AND INSTALLING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND CONSENT TO BE BOUND BY THIS LICENCE AGREEMENT.

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENCE, YOU ARE NOT AUTHORISED TO DOWNLOAD, INSTALL OR USE THE SOFTWARE.

1. SOFTWARE LICENCE

When you install this software, Deepnet Technologies Ltd ("Deepnet") grants you ("Licensee") a non-exclusive licence ("Licence") for the accompanying software product ("Software"). The Licence permits you to use the Software only upon the terms and subject to the conditions contained herein.

You may install the Software for your personal, non-commercial internal use only, unless specifically licensed to do otherwise by Deepnet. You may not, nor permit anyone else to:

  1. modify the Software or use it for any commercial purpose or public display, performance, sale or rental;
  2. remove any copyright or other proprietary notices of Deepnet;
  3. reverse engineer, disassemble or modify the Software.

Deepnet may create new versions of the Software ("Upgrades") to correct errors and/or introduce new features and although Deepnet has no obligation to notify existing Licensees of such Upgrades, they will be made available at Deepnet's web site. By installing an upgrade you agree that the terms and conditions of this Licence (as may be amended from time to time by notices posted on the Deepnet web site) will apply to the Upgrade.

All copyright, trade marks and other intellectual property rights subsisting in or used in connection with the Software are and remain the sole property of Deepnet. Except as expressly provided herein, Deepnet and its suppliers do not grant any express or implied right to you under any patents, copyrights, or trade marks of Deepnet.

2. PRIVACY POLICY

Deepnet believes that people should be able to use the Internet without worrying about spyware, the collection of their personal information or annoying advertising. Users who install this software can be assured that this software:

  1. does not collect any personal information;
  2. does not monitoring your behaviour;
  3. does not serve pop-ups or any other form of invasive advertising;
  4. does not attempt to connect to the Internet if you are not connected;
  5. does not bundle any other software;
  6. does not place cookies on your computer;
  7. does include an uninstaller.

3. USE OF SOFTWARE

You agree not to use the Software to:

  1. Transmit or communicate any data that is unlawful, harmful, abusive, obscene, objectionable, contains a virus or in any way harms or affects the use of other computers, software or telecommunications products;
  2. Transmit, access or communicate any data that you do not have a right to transmit or that infringes on any patent, trademark or other proprietary rights of any party;
  3. Make files available that forge or hide headers or otherwise manipulate identifiers in order to disguise the content of any files or material;
  4. Interfere or disrupt the Software;
  5. Send bulk communications;
  6. Impersonate any person or entity, harass or stalk any person, obtain the personal information of any person or harm minors;
  7. Advertise or offer to sell any goods, files or services;
  8. Perform any other unlawful act or act that invades the privacy or property of another person.

Deepnet is not responsible for any objectionable material, material that contains a virus or other harmful objects, or material that contains errors that you download or access using this Software, including from third party websites or newsfeeds.

Deepnet may provide users with a default search engine(s) to assist in internet searching. Deepnet is not responsible for the contents of those search engines or websites that they link to.

4. CONSENTS AND COPYRIGHT

In addition to your responsibilities explained elsewhere in this Licence:

  1. you are responsible for ensuring that you obtain all the consents and authorisations that are required by law in relation to material that you transmit or download;
  2. you must not use this Software to infringe on the intellectual property or other rights of any pther party.
  3. Deepnet will not be liable in any way for any infringement of copyrights by you.

5. SHARED FOLDER & ULTRA PEER

When you download files using the Peer-to-Peer function of this Software your download folder is set by default to be shared with other users. You can disable this sharing in the Peer-to-Peer function by going to Tools/P2P Browser Options/Shared Files and then un-clicking the box titled "Share Downloaded Files".

Your copy of the Software may serve as an ultra peer. The selection process is automated. When your computer is an ultra peer other users will upload an index of files they are sharing to your computer and they will send search queries to your computer. Your computer will reply to these requests and also forward the request to other ultra peers. If you do not want to serve as an ultra peer you can disable this function by going to Tools/P2P Browser Options/Network and then change your node type to "leaf peer" in the Advanced Options.

6. UPGRADE NOTIFICATION

You may receive from us notification that a new upgrade is available. Upgrading is your choice and requires your action. The Software will contact our servers periodically to see if a new upgrade is available and may advise you if it is.

7. TERMINATION

This Licence is effective until terminated. You may terminate the Licence at any time by uninstalling the Software and destroying all copies of the Software in your possession. Deepnet may terminate this Licence at any time if you are in breach of any of the terms and conditions of this Licence in which event you must destroy immediately all copies of the Software.

8. AMENDMENTS

Deepnet may amend the terms and conditions of this Licence at any time by posting a notice on its website, which shall be binding upon you. You should visit the Deepnet website periodically to review the current and effective terms and conditions of use of the Software.

9. DISCLAIMER

THE SOFTWARE IS LICENSED FREE OF CHARGE AND THEREFORE IS PROVIDED "AS IS". DEEPNET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SOFTWARE OR ITS OPERATION. TO THE FULL EXTENT PERMISSIBLE BY THE APPLICABLE LAW, DEEPNET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES OF NON-INFRINGEMENT.

10. LIMITATION OF LIABILITY

DEEPNET SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY LOSS OR DAMAGE WHATSOEVER OR HOWSOEVER CAUSED ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS LICENCE, THE SOFTWARE, ITS USE OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE LAWFULLY EXCLUDED UNDER THE APPLICABLE LAW. NOTWITHSTANDING THE GENERALITY OF THE ABOVE, DEEPNET EXPRESSLY EXCLUDES LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHICH MAY ARISE IN RESPECT OF THE SOFTWARE HOWSOEVER CAUSED EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DEEPNET SHALL NOT BE OBLIGED TO PROVIDE MAINTENANCE, SUPPORT, UPGRADES, REPLACEMENTS OR NEW RELEASES TO YOU. IN THE EVENT THAT DEEPNET INCURS ANY LIABILITY WHATSOEVER, SUCH LIABILITY IS LIMITED TO THE LICENCE FEE PAID BY YOU (IF ANY) FOR THE SOFTWARE (EXCEPT IN THE EVENT OF DEATH OR PERSONAL INJURY ARISING FROM DEEPNET'S NEGLIGENCE).

11. GOVERNING LAW

Deepnet is a company incorporated in and located in the United Kingdom. Deepnet makes no representations that the Software is appropriate or available for use in other locations. Those who download and/or install this Software from other jurisdictions are responsible for compliance with local law.

THIS LICENCE AND ANY AND ALL CLAIMS RELATING TO THE SOFTWARE SHALL BE GOVERNED BY THE LAWS OF ENGLAND AND WALES. THIS LICENCE SHALL BE DEEMED TO BE "IN WRITING" AND "ACCEPTED" BY BOTH PARTIES. THE COURTS OF ENGLAND AND WALES SHALL HAVE EXCLUSIVE JURISDICTION OVER ALL DISPUTES ARISING HEREUNDER OR IN CONNECTION WITH THE SUBJECT MATTER HEREOF. IN ANY SUCH ACTION THE PARTIES HEREBY WAIVE ANY RIGHT TO ALLEGE LACK OF PERSONAL JURISDICTION, IMPROPER VENUE OR INCONVENIENT FORUM.

No delay or failure to take action under these terms and conditions will constitute a waiver by Deepnet unless expressly waived in writing by a duly authorised officer of Deepnet.