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PANDO MEDIA BOOSTER END USER LICENSE AGREEMENT AND TERMS OF USE

All Pando users must agree to an End User License Agreement and Terms of Use before installing Pando software. By installing the software you agree to abide by the terms in this agreement.

PANDO NETWORKS, INC. SOFTWARE LICENSE AGREEMENT AND TERMS OF USE (PANDO MEDIA BOOSTER)

This is a legal agreement between you, the end user, ("you" or "your"), and Pando Networks, Inc. ("Pando Networks"). By installing the software you agree to abide by the terms in this agreement. If you do not agree with the terms and conditions of this Agreement, you may uninstall the software at any time. Pando Networks grants to you a personal, non-commercial, non-exclusive, non-transferable, non-sublicensable, license to use Pando Networks' Pando Media Booster 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") that may be provided by Pando Networks during the term of this Agreement. Your use of the Software 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. By installing and using the Software you acknowledge that you agree to be bound by all such policies. Pando Networks reserves the right to modify or discontinue your access to any content, or to change the terms of use or any Pando Networks policies at any time with or without prior notice.
As a condition of your using the Software, you agree that you will not (a) export or re-export the Software except in compliance with the export control laws of the United States and other relevant jurisdictions; or (b) collect any information about Pando Networks' network or users of the Software by monitoring, interdicting or intercepting any process of the Software. You agree to defend, indemnify and hold harmless Pando Networks from any violation by you of the terms of this Agreement.

USAGE

(a) You hereby grant permission for the Software to utilize the processor and bandwidth of your network connection for the limited purposes of facilitating the transfer of digital files and communication to users of the Software. (b) The Software shall be utilized to transfer those files published into Pando Networks' managed and secured network via approved partners.

SOFTWARE UPDATES

Pando Networks may from time to time update or otherwise modify the Software electronically. You hereby grant Pando Networks permission to: (i) extract hardware system profile data from your computer; (ii)communicate to Pando information pertaining to transfer statistics and your ability to access the System; and (iii) download to your computer software updates and data related to the operation of Pando Media Booster (PMB).

NEW RELEASES OF THE SOFTWARE

You are not entitled to receive any new releases of the Software, or any updates, upgrades or similar products under the EULA, but Pando Networks may, in its sole discretion, offer any or all of the foregoing to you. Pando Networks may update, upgrade or otherwise enhance the Software at any time, in its sole discretion, without obligation or notification to you. Periodically, Pando Networks may require all users to migrate to new releases of the Software in order to continue accessing the System and downloading content via PMB. When a new release is required, you must install and use the new release to continue accessing the System and downloading content. If you fail to install the required release Pando Networks shall not be responsible in any way for your inability to access the System or download content, and you shall not be entitled to receive a refund of any fees or any other form of compensation.

CRASH REPORTING

At Pando Networks’ discretion a sample of crashes in the PMB software may be reported to an automatic analysis system. These reports are then analyzed by our engineers to fix issues in future versions of the software.

The copyright, trade secrets and all other intellectual property rights in the Software and product documentation (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.

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.

PANDO NETWORKS PROVIDES THE SOFTWARE "AS IS" AND "AS AVAILABLE." YOU ASSUME ALL RISKS IN USING THE SOFTWARE. PANDO NETWORKS IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, INOFFENSIVENESS OR LEGALITY OF ANY CONTENT MADE AVAILABLE BY USERS. PANDO NETWORKS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

PANDO NETWORKS DISCLAIMS ALL LIABILITY, EXPRESS AND IMPLIED, RELATED TO YOUR USE OF ITS SOFTWARE. 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 IN THE EVENT THAT YOU SUFFER FINANCIAL OR OTHER INJURY OR DAMAGE IS TO CEASE USING THE SOFTWARE. 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.

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

If you encounter any technical issues with the software, you may communicate with us by sending an email to downloader@pandonetworks.com

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