IMPORTANT: READ THIS ALPHA TEST END USER LICENSE AGREEMENT CAREFULLY BEFORE AGREEING. You cannot copy, use, access or play HELLGATE: LONDON ONLINE unless or until you accept the terms of the current EULA, EULA Exhibit A, Online Nondisclosure Agreement, Code of Conduct, Privacy Policy and Terms of Service (collectively, the "Hellgate Online Documents"). This End User License Agreement ("EULA") is a legal agreement between the individual end user customer ("you") and Ping0, LLC ("Ping0," "we" or "us"), for HELLGATE: LONDON ONLINE, which include(s) any client software to be installed on your personal computer (the "Client"), printed materials, "online" or electronic documentation, and remote access to the Ping0 (or its designees') server software and related online virtual world (the "Server") for such game (collectively, the "Game"). The Client and Server are sometimes referred to in this EULA as the "Software." The Game includes patches, updates and supplements, if any, to the original Software which we may from time to time provide or make available to you in our sole and absolute discretion.

BY ACCEPTING THIS EULA WHERE INDICATED OR INSTALLING, COPYING, USING, ACCESSING OR PLAYING THE GAME, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT INSTALL, COPY, USE, ACCESS OR PLAY THE GAME. A copy of this EULA may be obtained from http://www.hellgatelondon.com/eula.

The Game is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Game is licensed to you, not sold, pursuant to the terms and conditions of this EULA and the other documents referenced herein.

1. To play the Game, you must have (a) the Client which must be separately obtained and installed on your personal computer (which must conform to the minimum specification requirements determined by Ping0); (b) an account for access to the Server through Ping0 or our authorized distributors or service providers ("Account"); and (c) a suitable connection to the Internet (not provided by Ping0) to connect to the Server. You are responsible for all charges and costs you incur in order to access the Server and play the Game, including, without limitation, any subscription fees and charges for Internet and telecommunications connections.
    

2. Upon your agreement to the Hellgate Online Documents (as defined below) and your installation of a valid copy of the Client, this EULA grants you a non-exclusive, non-transferable, revocable, limited term license during the Alpha Test Period (defined below) solely to use the Software to play the Game, subject to the terms and conditions of this EULA, the Code of Conduct, the Online Nondisclosure Agreement, the Privacy Policy and the Terms of Service (collectively the "Hellgate Online Documents"). All of the Hellgate Online Documents are posted at http://www.hellgatelondon.com/legal and incorporated herein by this reference. You may not modify, distribute, transmit, display, perform, reproduce (except for one archival and backup copy as permitted by applicable laws), publish, license, create derivative works from, adapt, translate, sublicense, auction, rent, lease or sell the Software or any part of the Game. You may not use the Software for a fee or on a pay-for-play basis, by means of sharing accounts with multiple users or otherwise. In addition, you may not reverse engineer, decompile or disassemble any part of the Game. All rights not expressly granted are reserved by us and our licensors.
    

3. In consideration of your use of the Software, you agree to provide, if so requested, Ping0 with written software problem reports, usability comments, and other observations from time to time. You further agree to timely respond to test and usage surveys requested by Ping0. You agree that Ping0 shall have the right, with or without notice to you, to terminate your Account at any time due to your failure to fulfill the obligations set forth herein. Any problem reports, usability reports, test results and other feedback made by you shall be the sole property of Ping0, may be used by Ping0 for any purpose it sees fit, subject to the terms and conditions of Ping0's privacy policy, and shall be deemed Confidential Information of Ping0 pursuant to the Online Nondisclosure Agreement between you and Ping0. Due to the nature of video game software development, Ping0 is not certain as to when or whether errors or discrepancies in the Software may be corrected.
    

4. We reserve the right to transfer or cease the operation of the Game at any time or to terminate your license to the Software and your access to the Game at any time, without notice or refund, for any reason whatsoever, including without limitation, as a result of your breach of this EULA, the Code of Conduct, or the Terms of Service, if we are unable to verify or authenticate any information you provide to us, or if we discontinue offering the Game.
    

5. Ping0 may amend this EULA, including the Terms of Service and the Code of Conduct, at any time in its sole discretion. Such amendments shall be effective upon your first use of the Game after Ping0 makes them available for your review. Accordingly, we recommend that you review this EULA and the Terms of Service and Code of Conduct periodically.
    

6. To access the Game, you will be required to choose names for the characters you develop. Your character name may not be contrary to the Code of Conduct or Terms of Service and may not violate anyone's rights. Certain character names may be banned by Ping0 (or its licensees or licensors) from time to time. You acknowledge and agree that Ping0 has the right, without any compensation or credit to you, to post and display your character name(s) and descriptions of your in-game activities within the Game and/or on Game-related websites and bulletin boards and in our marketing and publicity efforts for any reason, including, without limitation, in the event your access to the Game is suspended or terminated for a violation of this EULA, the Terms of Service or the Code of Conduct or to describe your character's adventures and experiences.
    

7. As part of your Game experience, you may be able to input language and upload content to the Game, our servers and similar areas which allow you to communicate with others in various forms, such as in the selections you make for playing the Game (for example, character names, in-game (text or voice) conversations, broadcast announcements, etc.) and in chat channels (text or voice), and to create and modify your user interface, characters, character names, game play and the like (collectively, the "Content"). Content created by you must not: (a) infringe any copyright, trademark, patent, trade secret, or other proprietary right of any person or entity; (b) be profane, obscene, indecent or violate any law or regulation; (c) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (d) incite discrimination, hate or violence towards one person or a group because of their race, religion, nationality, ethnicity, sexual orientation or gender, or insult the victims of crimes against humanity by contesting the existence of those crimes; (e) contain any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another; or (f) restrict or inhibit any other user from using and enjoying the Game. We have no obligation to monitor player Content related to the Game and disclaim all liability with respect thereto. However, we reserve the right to review the Content (including, without limitation, text and voice chat) and take any action we deem necessary as to such Content, including, but not limited to, editing or removing the Content and/or suspending or terminating your access to the Game. If and to the extent you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you hereby transfer, grant, convey, assign and relinquish solely and exclusively to Ping0, in perpetuity to the extent permitted by applicable laws or for the duration of the legal protection afforded to the Content, and for all territories, all of your right, title and interest in and to the Content, without reservation and without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, including, without limitation, the right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice the Content, all modified and derivative works thereof, all portions and copies thereof in any form and format, and in and on whatever medium, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto, and/or to incorporate the same in other works in any form, media, or technology now known or later developed. In the alternative, to the extent such assignment is ineffective under applicable law, you hereby grant to Ping0, its successors and assigns, the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, paid-up license to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform or provide access electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and/or use and practice the Content, all modified and derivative works thereof, all portions and copies thereof in any form and format, and in and on whatever medium, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto, and/or to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted under applicable laws, you hereby waive any moral rights you may have in any and all Content. In furtherance of the foregoing, you hereby agree to execute any and all agreements or other written instruments which may be required by applicable law to give full effect to the above assignment, license or waiver, as may be applicable.
    

8. Except as expressly permitted by Ping0 by written notice (and in such event in accordance with Ping0's specified restrictions and guidelines), you may not use any third-party software to change game play in the Game. The Game may be played only through authorized Servers maintained by Ping0 or its subcontractors. You may not create or provide any other means through which the Game may be played by others, including, without limitation, through server emulators (which emulate or contain unauthorized copies of the Server). You may not take any action which imposes an unreasonable or disproportionately large load on our servers or other infrastructure.
    

9. All right, title, and interest, including, copyrights and other intellectual property rights in and to the Game and Content (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Game by us or our suppliers and character data), the accompanying printed materials, and any copies and derivative works thereof, are owned by Ping0 or its licensors. If we provide you documentation only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Software. Except as expressly permitted by Ping0 in writing (and in such event in accordance with Ping0's specified restrictions and guidelines), you may not transfer, buy, sell, or auction (or offer, host, or facilitate the ability of others, to transfer, buy, sell, or auction), share, or otherwise commercially exploit, the Software or any part of the Game, account, password, characters, housing, items, credits, currency or coin or any other virtual in-game items and/or copyrighted, trademarked or patented material contained in or generated by the Game. Ping0 may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Game.
    

10. You agree that we may communicate with you via the email address you provided in obtaining your Account regarding any subject related to the Game (or any updates, expansion packs or sequels of the Game), this EULA and/or related agreements. In order to provide you with patches and updates to the Software, you agree that we may upload necessary information from your computer and computing devices, and may download the patches and updates onto your computer and computing devices. If you request any technical support from us, and we need to look at the contents of your computer or computing devices to help you, you agree to allow such access to your computer and computing devices. You understand that we may release updates, expansion packs, and sequels of the Game at any time without incurring any obligation to furnish such releases to you pursuant to this EULA. This EULA does not entitle you to any subsequent releases of the Game without paying applicable charges.
     

11. You agree that subject to the terms and conditions of Ping0's privacy policy, Ping0 (and/or its designees) may collect personal information from you for purposes related to your use of Ping0 products and services and that some personal information you provide to Ping0 (or its designees) may be stored outside of the country in which you reside. To read Ping0's Privacy Policy which forms part of this agreement, please go to http://www.ping-0.com/privacy.html.
     

12. The Game incorporates technology of Massive Incorporated ("Massive") that enables in-game advertising, and the display of other similar in-game objects, which are uploaded temporarily to your personal computer or game console and replaced during online game play. As part of this process, Massive may collect your Internet protocol address and other basic anonymous information, and will use this information for the general purposes of transmitting and measuring in-game advertising. Massive does not store or use any of this information for the purpose of discovering your personal identity. For additional details regarding Massive's in-game advertising practices, and to understand your options with respect to in-game advertising and data collection, please see Massive's privacy policy at http://www.massiveincorporated.com/site_network/privacy.htm. The trademarks and copyrighted material contained in all in-game advertising are the property of the respective owners. Portions of this product are © 2007 Massive Incorporated. All rights reserved.
     

13. LIMITED WARRANTY. The physical media (e.g., CD-ROM or DVD) (the "Disk"), containing the Client which was purchased by you (if applicable) may be covered by a manufacturer's warranty. Please see manufacturer's documentation for information on any warranty in connection with defects affecting the Disk. Except as expressly provided herein, the Game is made available to you under this EULA on an "AS-IS" basis with no warranty of any kind. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PING0 AND ITS LICENSORS, DISTRIBUTORS AND SUPPLIERS, INCLUDING WITHOUT LIMITATION, ELECTRONIC ARTS INC., NAMCO BANDAI GAMES AMERICA INC., ARIA SYSTEMS, LLC AND FLAGSHIP STUDIOS INC., (COLLECTIVELY THE "DISCLAIMED PARTIES") DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, INCLUDING, WITHOUT LIMITATION, WITH REGARD TO THE DISK, SOFTWARE AND THE GAME.
     

14. THE DISCLAIMED PARTIES ARE NOT LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM ANY CAUSES BEYOND OUR REASONABLE CONTROL. FURTHER, THE DISCLAIMED PARTIES DO NOT WARRANT THAT ACCESS TO OR USE OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, THAT YOU WILL BE ABLE TO ACCESS THE GAME AT ANY TIME OR IN ANY GEOGRAPHIC AREA, OR THAT THE GAME WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
     

15. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DISCLAIMED PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION OF SERVICE, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS), INCLUDING, WITHOUT LIMITATION, LOSSES ARISING OUT OF OR IN CONNECTION WITH THE DISK, THE GAME, OR THE PROVISION OF OR FAILURE OR DELAY TO PROVIDE SERVER ACCESS OR RELATED SUPPORT SERVICES OR LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., ARMOR, CURRENCY, WEAPONS, ETC.) OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME, EVEN IF THE DISCLAIMED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE DISCLAIMED PARTIES ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY WHERE NO EXCLUSIVE REMEDY HAS BEEN PROVIDED, AND YOUR SOLE ALTERNATE REMEDY SHOULD ANY EXCLUSIVE REMEDY HEREUNDER FAIL OF ITS ESSENTIAL PURPOSE, UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE FEE FOR ONE MONTH OF ACCESS TO THE SERVER AND U.S. $5.00. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
     

16. IN ADDITION, THE DISCLAIMED PARTIES DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE PRIVACY AND INTEGRITY OF THE COMPUTER RESOURCES YOU USE TO OPERATE THE SOFTWARE. THE DISCLAIMED PARTIES SHALL NOT BE LIABLE FOR ANY DISRUPTIONS, DELAYS OR OTHER OMISSIONS IN ANY CONNECTION, DATA EXCHANGE OR OTHER INTERACTION THAT YOU MAY EXPERIENCE WHEN YOU USE THE SOFTWARE. NOR SHALL THE DISCLAIMED PARTIES BE RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR COMPUTERS THAT CONNECT, EXCHANGE DATA, OR OTHERWISE INTERACT WITH YOU OR YOUR COMPUTER AS A RESULT OF YOUR USE OF THE SOFTWARE.
     

17. The Game may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
     

18. This EULA is governed by the laws of the United States of America and State of California and the parties consent to exclusive jurisdiction and venue in the state or federal courts sitting in San Francisco County, California. If the Software was acquired outside the United States, then certain provisions of local laws may be required to apply, and in such an event such laws shall affect this EULA only to the extent required by such jurisdiction and this EULA shall be interpreted to give maximum effect to the terms and conditions hereof. Those who choose to access the Server from locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.
     

19. You agree to indemnify and hold Ping0 LLC, Electronic Arts Inc., NAMCO BANDAI Games America Inc., Flagship Studios Inc., Aria Systems, LLC and their respective parents, affiliates, officers, directors, employees, and agents (collectively the "Indemnified Parties") harmless from any and all claims, demands, or damages, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct in the Game.
     

20. (a) This Agreement will be effective as of the date you accept this Agreement, thereby expressly agreeing to the terms and conditions set forth herein, and will remain effective until the earlier of: (i) the completion of the Alpha Test Period, either with or without notice to you, or (ii) the termination of this agreement by either party as set forth below. As used herein, the term "Alpha Test Period" means the period of time from the date you accept this Agreement until the date on which Ping0 completes the testing period for the Alpha version of the Software provided to you by Flagship.
    (b) You may terminate this Agreement at any time provided you cease all use of the Software AND destroy or remove from all hard drives, networks, and other storage media all copies of the Software in your possession. Ping0 may terminate this Agreement at any time, with or without cause, by providing notice to you and/or preventing your access to the Software.
    (c) Upon termination of this Agreement for any reason (i) all licenses and rights to use the Software shall terminate, including without limitation, your Account, and you must remove the Software from your computer equipment and dispose of all originals and copies of the Software in your possession, and (ii) Sections 7, 8, 9, 13, 14, 15, 16, 17, 18, 19, 20(c), and 21- 29 shall survive such termination.
     

21. This EULA, including the documents expressly incorporated by reference, and all updates to the same constitute the entire agreement between you and Ping0 with respect to the Game, and such agreements supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and Ping0 with respect to the Game. You represent that you have not relied on any such communications in choosing to enter into this EULA. A printed version of this EULA and of any notices given or made available to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
     

22. Ping0's failure to enforce at any time any of the provisions of this EULA or related agreements shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Ping0 of any provision, condition or requirement of this EULA or related agreements shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this EULA, no default, delay or failure to perform on the part of Ping0 shall be considered a breach of this EULA if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Ping0.
     

23. All notices given by you or required under this EULA shall be in writing and addressed to: Ping0, LLC, 221 King Street, Suite 224, San Francisco, CA 94107 Attn: General Counsel.
     

24. If any part of this EULA is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this EULA shall continue in effect.
     

25. We may assign this EULA, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense this EULA or any of your rights or obligations hereunder.
     

26. Notwithstanding anything in this EULA to the contrary, you hereby acknowledge that Ping0's direct and indirect licensors and publishers, including without limitation Electronic Arts Inc., NAMCO BANDAI Games America Inc., Flagship Studios Inc., and Aria Systems LLC, are third-party beneficiaries of this EULA and have the right to bring an action directly against you for a breach of this EULA to the extent required to enforce their respective rights in and to the Game.
     

27. Warning concerning the risks of epileptic seizures and the precautions to take when using a video game. Certain individuals may experience epileptic seizures or loss of consciousness when viewing certain kinds of flashing lights or patterns that are commonly present in our daily environment. These persons may experience seizures while watching some kinds of television pictures or playing certain video games. This may be experienced by persons who have no adverse antecedent medical history or which have never experienced seizures in the past. If you have experienced symptoms linked to an epileptic condition (seizure or loss of awareness) in the presence of light stimulations, consult your physician before using any video games. In any case, the following rules should be complied with when using a video game: (i) avoid playing if you are tired or if you lack sleep; (ii) ensure that you are playing in a well lit room; and (iii) when playing, take ten to fifteen minute breaks every hour.
     

28. The Software is a "commercial item" if acquired under agreement with the U.S. Government or any contractor therewith in accordance with 48 CFR 12.212 of the FAR and, if acquired for Department of Defense (DoD) units, 48 CFR 227-7202 of the DoD FAR Supplement, or any succeeding similar regulations.
     

29. The parties hereto have requested that this agreement, and all correspondence and all documentation relating to this agreement, be written in the English language.

 
If you understand the terms of the End User License Agreement and these terms are acceptable, please indicate your agreement and your intent to be legally bound by them by affirmatively accepting the terms where indicated.

Last updated: May 11, 2007

 
By accepting the EULA or by installing BitTorrent DNA, you agree to the following BitTorrent-specific terms, notwithstanding anything to the contrary in the EULA.

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

2. Restrictions. The source code, design, and structure of DNA are trade secrets. You will not disassemble, decompile, or reverse engineer it, in whole or in part, except to the extent expressly permitted by law. You will not use DNA for illegal purposes. You will comply with all export laws. DNA is licensed, not sold.
    

3. The DNA Technology.
    
   3.1 Downloading and Updates. DNA downloads only those files that are both authorized by you for download (specifically or by category or subscription) and come from partners approved by BitTorrent, except that DNA automatically updates itself.
    
   3.2 Automatic Uploading. DNA accelerates downloads by enabling your computer to grab pieces of files from other DNA users simultaneously. YOUR USE OF THE DNA SOFTWARE TO DOWNLOAD FILES WILL, IN TURN, ENABLE OTHER USERS TO DOWNLOAD PIECES OF THOSE FILES FROM YOU, thereby maximizing download speeds for all users. Only files that you recently downloaded will be made available to others. YOU CONSENT TO OTHER USERS' USE OF YOUR NETWORK CONNECTION TO DOWNLOAD PORTIONS OF SUCH FILES FROM YOU. DNA has been designed to automatically minimize its impact on other applications that share your network connection, whether they reside on your computer or on others. At any time, you may uninstall DNA or disable it through a control panel setting without affecting any files you have already downloaded.
    

4. Disclaimer of Warranty. BitTorrent disclaims any responsibility for harm resulting from DNA or any software or content downloaded using DNA, whether or not BitTorrent approved such software or content. BitTorrent approval does NOT guarantee that software or content from an approved partner will function, sound, or appear as offered or hoped, or be complete, accurate, or free from bugs, errors, viruses, or other harmful content. BITTORRENT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE REGARDING THE DNA SOFTWARE OR ANY SOFTWARE OR CONTENT YOU DOWNLOAD USING THE DNA SOFTWARE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BITTORRENT OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. Some jurisdictions do not allow certain limitations on implied warranties, so the above limitation may not apply to you to its full extent.
    

5. Limitation of Liability. BITTORRENT'S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO $50.00. IN NO EVENT AND UNDER NO THEORY OF LIABILITY WILL BITTORRENT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE WHETHER OR NOT BITTORRENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL SURVIVE EVEN IF ANY LIMITED REMEDY SPECIFIED IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you to its full extent.
    

6. U.S. Government Users. DNA is "commercial computer software" any use of which by or on behalf of the U.S. Government is subject to the restrictions herein. Manufactured by BitTorrent, Inc.
    

7. General. These BitTorrent terms will be governed by and construed in accordance with the laws of California, USA, without regard to conflicts of law rules. The United Nations Convention on Contracts for the International Sale of Goods will not apply. The failure by either party to enforce any provision will not constitute a waiver. Any waiver, modification, or amendment of the BitTorrent terms will be effective only if signed. If any provision is held to be unenforceable, it will be enforced to the maximum extent possible and will not diminish other provisions. This is BitTorrent's complete and exclusive understanding with you regarding your use of DNA as an end user.
    

8. Contact. If you have any questions, please email help@bittorrent.com.