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1 End User License Agreement And Terms of Use
3 All Pando users must agree to an End User License Agreement and Terms of Use before installing Pando software and using any Pando Services. The agreement is made within the Pando software installation process, not here. It is provided here for your information only.
4 PANDO NETWORKS, INC.
5 SOFTWARE LICENSE AGREEMENT AND TERMS OF USE (Free Consumer)
7 This is a legal agreement between you, the end user, ("you" or "your"), and Pando Networks, Inc. ("Pando Networks"). By clicking on "I accept the terms in the License Agreement," you agree that you have read and understand this Agreement and will be bound by its terms and conditions. If you do not agree with the terms and conditions of this Agreement, click on "I do not accept the terms in the License Agreement" and do not install or use this software.
9 Pando Networks grants to you a personal, non-commercial, non-exclusive, non-transferable, non-sublicensable, license to use Pando Networks' software, with which this Agreement is provided, including any product documentation and any modifications, error corrections, bug fixes, new releases or other updates (collectively, the "Software") and the services and the network related thereto (collectively, the "Services") that may be provided by Pando Networks during the term of this Agreement.
11 Your use of the Software and the Services is subject to your compliance with all of the terms and conditions of this Agreement and the policies of Pando Networks as posted on its website from time to time, including without limitation Pando Networks' Privacy Policy. The most recent versions of these documents can be found at http://www.pando.com/license and http://www.pando.com/terms. By installing and using the Software and the Services you acknowledge that you have read and agree to be bound by all such policies. Pando Networks reserves the right to modify or discontinue your access to the Services, the distribution, posting or publishing of any content, or to change the terms of use or any Pando Networks policies at any time with or without prior notice.
13 As a condition of your using the Software and the Services, you agree that you will not (a) use the Software or the Services to download, upload, post, publish, insert, attach, use, share with others or otherwise copy or distribute music, movies, images or other content for which you have not obtained all necessary rights from the owner or rightful licensor of such content; (b) modify content identifiers (such as the title or the name of the creator of that content) in order to disguise the origin or description of any content; (c) download, upload, post, publish, insert, attach, use, share with others or otherwise copy or distribute any content that is defamatory, harassing, obscene, invasive of another's privacy, or is otherwise illegal; (d) harm minors in any way, including without limitation by sharing, posting, publishing or downloading child pornography; (e) upload, share with others or otherwise distribute any 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; (f) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (g) export or re-export the Software except in compliance with the export control laws of the United States and other relevant jurisdictions; or (h) collect any information about Pando Networks' network or users of the Software or Services by monitoring, interdicting or intercepting any process of the Software or the Services.
15 You agree to defend, indemnify and hold harmless Pando Networks from any violation by you of the terms of this Agreement.
17 In order to use the Services, you hereby grant permission for the Software to utilize the processor and bandwidth of your computer for the limited purposes of (i) facilitating the transfer of digital files and communication between the users of the Software and the Services and (ii) facilitating the transfer of digital files to servers for purposes of posting content on websites or blogs and (iii) pasting links to content in instant messages and RSS feeds.
19 The copyright, trade secrets and all other intellectual property rights in the Software, product documentation and Services (including any images, photographs, animations, video, audio, music and text incorporated in them) and all trademarks and trade names associated with them are owned by Pando Networks or its suppliers and are protected by the copyright, trademark and other laws of the United States and other countries and by international treaty provisions. You may not use any of them except as expressly permitted in this Agreement. Pando Networks retains all rights not expressly granted in this Agreement.
21 Portions of the Software may contain software licensed from third parties and are subject to the terms and conditions of third party license agreements. You agree to comply with all such terms and conditions.
23 PANDO NETWORKS PROVIDES THE SOFTWARE AND THE SERVICES "AS IS" AND "AS AVAILABLE." YOU ASSUME ALL RISKS IN USING THE SOFTWARE AND THE SERVICES. PANDO NETWORKS IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, INOFFENSIVENESS OR LEGALITY OF ANY CONTENT MADE AVAILABLE BY USERS OF THE SERVICES. PANDO NETWORKS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH REGARD TO THE SOFTWARE AND THE SERVICES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
25 PANDO NETWORKS DISCLAIMS ALL LIABILITY, EXPRESS AND IMPLIED, RELATED TO YOUR USE OF ITS SOFTWARE AND THE SERVICES. WITHOUT LIMITATION, YOU AGREE THAT PANDO NETWORKS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER INDIRECT DAMAGES, EVEN IF PANDO NETWORKS BECOMES AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE RECOURSE IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE SOFTWARE OR THE SERVICES OR IN THE EVENT THAT YOU SUFFER FINANCIAL OR OTHER INJURY OR DAMAGE IS TO CEASE USING THE SOFTWARE AND THE SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OF ALL DAMAGES OR INDIRECT DAMAGES, AND IN SUCH EVENT, YOU AGREE THAT THE LIMIT OF PANDO NETWORK'S LIABILITY SHALL BE ONE HUNDRED DOLLARS.
27 In the event that we receive notice that your use of the Software or the Services (including without limitation, your distribution of content through any of the Services) infringes the intellectual property rights of a third party or if you send material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense or that could give rise to civil liability or that otherwise violates any law, regulation, the terms of this Agreement or any of our policies, we reserve the right to terminate your use of the Software and the Services and to remove any files sent by you that are stored on our servers, with or without notice. We also reserve the right to decide whether content sent by you is appropriate and complies with this End User License Agreement. Upon any such termination, you will then cease any and all use of the Software and Services and will remove the Software from all hard drives, networks, and other storage media and destroy all originals and copies of the Software in your possession or under your control.
29 If you have any questions about this Agreement or the terms of any Pando Networks policy, terms of use or other practice or procedure, you may communicate with us by sending an email to policies@pando.com.