overcrowded / Allpeers Licence

AllPeers / Licence

(pour lire à tête reposée)

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Première remarque, cette licence ne semble pas en accord avec le récent passage en opensource, cf. P2Papps

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End User License Agreement ("EULA") AllPeers? Limited

Welcome to AllPeers?. AllPeers? values your anonymity and privacy.

AllPeers? does not contain or bundle spyware, adware or any other malicious software.


By clicking below you will begin the installation of the AllPeers? software. By clicking below you agree to the end user license agreement (EULA) set out below. It is important that you carefully read this End User License Agreement before installing the AllPeers? software.

These terms when accepted by you form a license agreement between AllPeers? Ltd. and you for the use of the AllPeers? software (The “Software”) and the use of AllPeers? services (the “Network”).

In order to use AllPeers? you must first read and accept the terms of this Licence, and confirm your acceptance of the terms of this Licence by pressing the 'I Agree' button. If you are a minor you will become eligible to use AllPeers? upon your parent or guardian reading and accepting the terms of this Licence and confirming acceptance of the terms of this Licence by pressing the 'I Agree' button.

I – AllPeers? Software license

1) Grant of license.

AllPeers? grants you a non-exclusive license for a non-commercial use of the software and accompanying materials including any documentation in accordance with the scope of grant.

"Non-Commercial Use" includes non-profit organizations (charities and other organizations created for the promotion of social welfare), universities and other educational institutions (e.g. elementary schools, middle schools, high schools, and community colleges), University Users, and other individual users who use the Software for personal use. Under no circumstances can AllPeers? and/or its Network be used by or for a for-profit organization as part of its commercial activity without the express written permission of AllPeers? Ltd.

2) Scope of grant.

Under this license you are given the following rights:

- You may use AllPeers? on one or more computers.

- You may make copies of AllPeers? and distribute them to other individuals, provided that no fee is charged for the act of distributing it, and that AllPeers? remains in its exact original form, containing all original components, branding and notices including this license agreement, and is not packaged with additional components.

You may not:

- Use AllPeers? in an unlawful manner.

- Use AllPeers? to assist you in committing an offence.

- Translate, modify, decompile, disassemble, reverse engineer or create derivative works based upon AllPeers?, except to the extent applicable laws prohibit this restriction.

- Remove any proprietary notices or this license agreement from AllPeers?.

- Exploit AllPeers? commercially (without express written permission of AllPeers? Ltd), including but not limited to providing AllPeers? to others for a fee, rebranding AllPeers?, or packaging AllPeers? with other products.

- Publish AllPeers? in a collection of freeware or shareware that will be sold for profit, without first requesting a written permission from AllPeers? Limited.

- Rent, lease, or lend the Software.

- Allow others to use AllPeers? without first agreeing to the terms and conditions set forth in this document.

3) Content and Infringement

You understand that all content, including, without limitation all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available through the Network, whether publicly posted or privately transmitted, is the sole responsibility of the entity from whom it originated. You understand and agree that by using the Network, you may be exposed to content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any content, including any reliance on the accuracy or completeness of such content. Under no circumstances will AllPeers? Ltd. be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for loss or damage of any kind incurred as a result of the use of any content posted or transmitted via the Network.

You represent and warrant that: (a) you own all rights in your contents (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in your contents) or, alternatively, you have acquired all necessary rights in your contents to enable you to grant to AllPeers? the rights in your contents described herein; (b) you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your content; (c) you are the individual pictured and/or heard in your content, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your content to grant the rights to AllPeers? described herein; (d) you will make such permissions available to AllPeers? upon request; and (e) your content do not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party. You agree to keep all records necessary to establish that your content do not violate any of the foregoing representations and warranties and to make such records available upon the request of AllPeers? Ltd.

We are not responsible for any content such as audio, video, text or any other, files owned by users of our Software. Our Software like any other software is exposed to various security issues, and should be regarded as unsecured. By accepting this Agreement, you indicate that you understand, acknowledge and agree that by using our Software, you may be subject to various risks, including the exposure of data you have downloaded or have offered to share, and that you accept all such risk as solely your risk and responsibility.

You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other techniques that may have the effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or operation, which may inadvertently be transferred to your computer through your use of the Software.

In addition, all content made available or accessed through our Network is the property of the applicable content owner and may be protected by applicable laws including without limitation those relating to Intellectual Property Rights. This Agreement gives you no rights to such content.

4) Automatic Updates

The Software may automatically communicate with AllPeers? servers or a third party's servers to check for an install updates to the Software such as bug fixes, new features, registry settings, and other modifications. You consent to your receipt and installation of all of the foregoing and agree that all of the foregoing shall be governed by the terms of this License Agreement. By installing and/or using the Software, you consent to the Software's communications features. Once you log into the Software, user information including your User ID may be sent in communications with AllPeers?’ servers. This information is used to access your account and to provide services.

5) Disclaimer of warranty.

ALLPEERS IS PROVIDED ON AN "AS IS" BASIS. THE LICENSOR MAKES NO WARRANTIES EITHER EXPRESS NOR IMPLIED WITH RESPECT TO ALLPEERS AND/OR ITS ACCOMPANYING MATERIALS, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALLPEERS LIMITED DOES NOT WARRANT THAT ALLPEERS WILL MEET YOUR REQUIREMENTS, OR THAT ALLPEERS WILL OPERATE ERROR-FREE. FURTHERMORE, ALLPEERS LIMITED DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE FUNCTIONALITY OF ALLPEERS OR ANY SUPPORT MATERIALS SUCH AS DOCUMENTATION, IN TERMS OF THEIR ACCURACY, RELIABILITY OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, RELIABILITY AND PERFORMANCE OF ALLPEERS SHALL BE BORNE BY YOU.

6) Limitation of liability.

UNDER NO CIRCUMSTANCES OR LEGAL CONTRACT, THEORY OR OTHERWISE SHALL ALLPEERS LIMITED BE HELD LIABLE TO YOU OR ANY OTHER PERSON OR ORGANIZATION FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR PROPERTY, PERSONAL INJURY, INTELLECTUAL PROPERTY INFRINGEMENT, LOSS OF PROFITS, INTERRUPTION OF BUSINESS, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT SHALL ALLPEERS LIMITED BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT RECEIVED FROM YOU FOR A LICENSE TO ALLPEERS, EVEN IF THE LICENSOR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

7) ALLPEERS LIMITED DOES NOT OWN OR EXERCISE ANY CONTROL OVER THE ALLPEERS NETWORK, AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR ITS CONTENT, NATURE AND PERFORMANCE

8) UNDER NO CIRCUMSTANCES OR LEGAL CONTRACT, THEORY OR OTHERWISE SHALL ALLPEERS BE HELD LIABLE TO YOU OR ANY OTHER PERSON OR ORGANISATION FOR THE ACTIONS OR CONSEQUENCES OF ACTIONS UNDERTAKEN BY USERS OF ALLPEERS. Users shall accept all responsibility for, and consequences of their actions when using ALLPEERS.

9) Users shall be aware that unauthorised duplication and distribution of copyrighted works is an offence in most countries. Using AllPeers? to commit such offences shall constitute a violation of this agreement. The Software is designed to enable "peer-to-peer" connections among users and computers for purposes of direct communication, data exchange and interaction among people and machines, with minimum involvement of central computer servers. The Software makes certain information about your AllPeers? account and computer known to other users and computers with which you interact. Peer-to-peer data exchange may occur whenever the Software is running on your computer, whether or not you are actively using the Software. You acknowledge and consent to the fact that the Software creates such peer-to-peer connections, and you agree that AllPeers? Ltd. is not responsible for the conduct of any party (or their computers) who interacts with you or your computer as a result of your installation or use of Software.

10) High risk activities.

AllPeers? is not designed nor intended for use in "High Risk Activities" where the failure of AllPeers? could lead directly to death, personal injury or severe physical, financial or environmental damage. AllPeers? Limited specifically disclaims any express or implied warranty of fitness for use in these activities.

11) Title.

AllPeers? is owned by AllPeers? Limited. AllPeers? Limited will retain all title, ownership rights and intellectual property rights to AllPeers? and its accompanying materials.

12) Termination.

This license will be automatically terminated if you fail to comply with all of the limitations described within. Upon termination of the license, you must destroy all copies of AllPeers? and its supporting materials, including documentation.

13)Amendment

AllPeers? may amend this License Agreement at any time without notice and any such modifications shall be deemed effective immediately upon publishing on AllPeers? site located at www.AllPeers?.com (the "Site"). For clarity, should any term(s) of this License Agreement differ from and term(s) of the License Agreement published as on the Site, the version of the License Agreement published on the Site shall govern.

14). Indemnification

You agree to release, indemnify, defend, and hold harmless AllPeers?, its parents, shareholders, subsidiaries, affiliates, officers, directors, employees, agents, and advisors, from and against any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, execution and licenses, including reasonable attorneys' fees and costs due to or arising out of your use, installation, or download of the Software or your breach of this License Agreement.

15). General

This License Agreement shall be governed by the laws of England and Wales. This License Agreement contains the complete agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings, whether written or oral. If any provision in this Agreement shall be found or be held to be invalid or unenforceable in any jurisdiction in which this Agreement is being performed, then the meaning of said provision shall be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of this Agreement which shall remain in full force and effect. In such event, the parties shall negotiate in good faith, a substitute, valid, and enforceable provision that most nearly effect the parties' intent in entering into this Agreement.

II – MEMBERSHIP AND ACCESS TO ALLPEERS NETWORK

1. NETWORK RULES

Following are some basic rules that apply to the use of AllPeers? services (the Network) and that you agree to follow. If you violate any of the Network rules, or if we have reasonable grounds to so believe, we have the right to deny you access to the Network, to suspend or terminate your membership and to refuse to provide you with any future membership.

You agree to act responsibly and to treat other users and members with respect.

You agree not to use the Network to:

upload, store, post, email or otherwise transmit any: (a) material that is inaccurate, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racist, bigoted or otherwise objectionable, (b) material that you do not have a right to transmit under any applicable law or under contractual or fiduciary relationships, (c) material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party, (d) advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except where specifically permitted, or (e) material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

connect in an unauthorized manner (i.e., by means other than the ones provided by AllPeers?) to the chat environment AllPeers? Ltd provides for use by its members or facilitate such unauthorized connections through the provision of software or other computer code specifically designed to allow a user to make such unauthorized connections to the AllPeers? chat environment;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Network;

disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Network are able to type (e.g., "flooding" chat), or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

interfere with or disrupt the Network or servers, networking and computing equipment or networks connected to the Network, or disobey any requirements, procedures, policies or regulations of networks connected to the Network;

initiate, facilitate, participate in or distribute a denial of service attack, exploit any documented or undocumented vulnerability in the Network and its component networking or computing equipment, or otherwise initiate, facilitate, or participate in any malicious action aimed at the Network;

try to gain access to areas that are private to AllPeers? Ltd. or to other Network users;

violate any applicable local, state, national or international law or any regulation having the force of law;

stalk or otherwise harass another;

harm minors in any way, including, without limitation, to establish unlawful contact with minors (whether on or off the Network);

collect, intercept or harvest screen names; collect, intercept or store personal data about other users of the Network; or solicit or attempt to discover a user's password, screen name, or other registration information without the user's express knowledge and consent;

engage in or run raffles, lotteries, contests, or sweepstakes;

promote or provide instructions or information about how to engage in illegal conduct or commit illegal activities, promote physical harm or injury, or promote any illegal act; or

store any information or use any Web page or directory you create on or through the Network as storage for remote loading or as a door or signpost to another Web page, whether inside or outside the Network.

You acknowledge that we do not pre-screen material posted or transmitted on the Network, but that we and our designees shall have the right (but not the obligation) in our sole discretion to review and edit, delete or refuse to post any material submitted for display or placed on the Network, including but not limited to message board posts, profiles, images, personals, and reviews. Without limiting the foregoing, we and our designees shall have the right to remove any material that violates this Agreement, that we believe in good faith may create liability for us, or that we deem is otherwise objectionable. You acknowledge and agree that we may preserve material and may disclose material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any material violates the rights of third parties; or (d) in our sole judgment, protect the rights, property, or personal safety of the Company, its users or the public.

2. FEES


3. PRIVACY


4. PUBLIC AREAS

A Public Area ("Public Area") of the Network is any area where you may submit material ("Submissions") for viewing by others or view Submissions of other users, such as bulletin boards, forums, personals, Member profiles, chat rooms or video chat rooms. In some of these areas, a Submission includes the name, ID, nickname, and/or other information that would be displayed with the submitted material, as applicable. You agree to use Public Areas in accordance with this Agreement and any policies for the Public Areas that are displayed on the Network.

BY SUBMITTING MATERIAL TO A PUBLIC AREA, YOU AGREE TO INDEMNIFY THE COMPANY AND HOLD IT HARMLESS FROM ANY AND ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LIBEL, SLANDER, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT OR OTHERWISE, ARISING FROM SUCH SUBMISSION.

By making a Submission to any Public Area, you automatically grant AllPeers? Ltd. the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display and distribute the content of the Submission (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also permit any other user of the Network to access, view, store, or reproduce the Submission for that user's personal use.

5. LINKS


6. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE NETWORK, INCLUDING, WITHOUT LIMITATION, ANY MATERIAL AND/OR DATA DEVELOPED BY THE COMPANY OR BY THIRD PARTIES ("INFORMATION PROVIDERS"), IS AT YOUR SOLE RISK. THE NETWORK, AND ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE NETWORK, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. THE COMPANY AND THE INFORMATION PROVIDERS HEREBY EXPRESSLY DISCLAIM ALL SUCH WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, OR NONINFRINGEMENT, OR ANY WARRANTY AS TO RESULTS THAT MAY BE OBTAINED THROUGH USE OF THE NETWORK. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE NETWORK WILL FUNCTION WITHOUT INTERRUPTION, THAT THE NETWORK IS ERROR- OR DEFECT-FREE, THAT ANY SUCH DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE NETWORK AND THE SERVER(S) THAT MAKE THE NETWORK AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM THE COMPANY OR OTHERWISE THROUGH YOUR USE OF THE NETWORK SHALL CREATE ANY WARRANTY ON THE PART OF THE COMPANY OR THE INFORMATION PROVIDERS. FURTHER, THE COMPANY AND THE INFORMATION PROVIDERS DO NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF ANY CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE NETWORK OR FROM THIRD PARTIES WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE.

7. LIMITATIONS ON LIABILITY

IN NO EVENT SHALL THE COMPANY, THE INFORMATION PROVIDERS OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING OR DISTRIBUTING THE NETWORK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING AND UNDER ANY THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY), THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE NETWORK, ANY CHANGES TO THE NETWORK OR THIS AGREEMENT, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE NETWORK. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH THE NETWORK OR THE SERVICES, CONTENT OR MATERIALS AVAILABLE ON OR THROUGH THE NETWORK, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NETWORK. THE FOREGOING LIMITATIONS ON LIABILITY SHALL BE APPLICABLE EVEN IF THE COMPANY OR THE APPLICABLE THIRD PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

8. ALLOCATION OF RISK

YOU AGREE THAT THE DISCLAIMER OF WARRANTIES, LIMITATIONS ON LIABILITY, AND INDEMNIFICATION PROVISIONS SET FORTH IN THIS AGREEMENT REPRESENT AN AGREED UPON ALLOCATION OF RISK AND FORM AN ESSENTIAL PART OF THE BASIS OF THEIR BARGAIN, WITHOUT WHICH THE COMPANY WOULD NOT ENTER INTO THIS AGREEMENT OR PROVIDE THE NETWORK.

9. INDEMNIFICATION


BY CLICKING THE "I Agree" BUTTON OR CONTINUING THE INSTALLATION, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, EXIT THE INSTALLATION PROGRAM NOW BY CLICKING THE "Cancel" BUTTON

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