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04/30/01 - 04:00pm
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Lime Wire proudly announces the release of LimeWire 1.3
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Terms of use

Welcome to Lime Wire. Lime Wire LLC has created the LimeWire software because we believe that the Gnutella network is a powerful tool for everyone who uses the internet, allowing users around the world to make direct connections with each other. We also believe that the power of the Gnutella network must be used responsibly.

We know that the legal issues involving sharing of certain types of files are still being resolved, and will ultimately be decided by a court of law or an act of congress. We expect all users of the LimeWire Software to comply with applicable laws, to respect copyrights, and to promote the Gnutella network in a responsible and law-abiding manner. We have designed the LimeWire software with the goal that it will used to build a community of users who will freely share their own ideas, and not steal the protected works of others. Please read the Terms of Service and End User License Agreement carefully. If you cannot comply with their terms, do not use the Lime Wire services.

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Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to Lime Wire. Lime Wire LLC ("Lime Wire") provides the Lime Wire Web Site and the LimeWire software (the "LimeWire software", and collectively with the Lime Wire Web Site, the "Services") to use subject to the following conditions, which can be modified and updated by us at any time from time to time without notice to you. By using the Services provided by Lime Wire, including the Lime Wire Web Site and the LimeWire software, you agree to be bound by these conditions as they may be modified by Lime Wire from time to time.

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2. PRIVACY
Please review our Privacy Policy, for disclosures relating to the collection and use of your information.

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3. PERSONAL USE ONLY
The Lime Wire Services are made available for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from Lime Wire. Use of the Lime Wire Web Services to sell a product or service, or to increase traffic to your web site for commercial reasons, such as advertising sales is expressly forbidden.

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4. LICENSE
The LimeWire software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form are licensed to you by Lime Wire. You own the media on which the LimeWire software is recorded but Lime Wire retains title to the LimeWire software. The LimeWire software and any copies which this License authorizes you to make are subject to this License.

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5. PERMITTED USES AND RESTRICTIONS
This License allows you to install and use the LimeWire software on a single computer at a time. This License does not allow the LimeWire software to exist on more than one computer at a time. You may make one copy of the LimeWire software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. You may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the LimeWire software in whole or part or transmit the LimeWire software over a network. You may, however, transfer your rights under this License provided you transfer the related documentation, this License and a copy of the LimeWire software to a party who agrees to accept the terms of this License and destroy any other copies of the LimeWire software in your possession. THE LimeWire software IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL MACHINES OR OTHER SYSTEMS OR DEVICES IN WHICH CASE THE FAILURE OF THE LimeWire software COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Your rights under this License will terminate automatically without notice from Lime Wire if you fail to comply with any term(s) of this License.

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6. COMPLIANCE WITH LAWS
LIME WIRE HAS NO CONTROL OVER THE INFORMATION AND DATA CONTAINED ON ANY GNUTELLA NETWORK. YOU ARE ULTIMATELY RESPONSIBLE FOR THE MATERIAL YOU DOWNLOAD. YOU ARE ALSO ULTIMATELY RESPONSIBLE FOR THE MATERIAL YOU CHOOSE TO UPLOAD AND SHARE WITH OTHERS. YOU ARE THE ONE WHO WILL BE LIABLE FOR DOWNLOADING AND OR SHARING INFRINGING MATERIAL. USERS OF THE GNUTELLA NETWORK ARE SOLELY RESPONSIBLE FOR THEIR CONDUCT AND FOR ENSURING THAT IT COMPORTS WITH ALL APPLICABLE LAWS, INCLUDING ALL COPYRIGHT LAWS. FAILURE BY A USER TO COMPLY WITH STATE, FEDERAL AND/OR FOREIGN LAWS REGARDING COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS COULD EXPOSE SUCH USER TO CIVIL AND CRIMINAL LIABILITY, INCLUDING FINES AND JAIL TIME.

As a condition precedent to your use of the LimeWire software, you shall comply with all laws and regulations applicable to your use of Lime Wire. In addition, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. In addition, you agree not to use the LimeWire software to: (i) to infringe the intellectual property rights of others in any way (ii) "stalk" or otherwise harass another; (iii) collect or store personal data about other users; (iv) collect or distribute child pornography or other obscene or illegal material; or (v) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals (this may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons).

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7. DISCLAIMER OF WARRANTIES
The LimeWire software enables users to connect to, download files from, and share files over, public and private Gnutella networks. Because Lime Wire has no control over the information and data contained on any Gnutella network, Lime Wire makes no guarantees as to such information and data, including: (i) the accuracy, currency, content, or quality of any such information and data, or (ii) whether a search of a Gnutella network completed through the LimeWire software may locate unintended or objectionable content. Because some of the content on the Gnutella network consists of material that is adult-oriented or otherwise objectionable to some people or viewers under the age of 18, the results of any search using the LimeWire software may automatically and unintentionally generate objectionable material. By using the LimeWire software, you acknowledge that Lime Wire makes no representations or warranties with regard to the appropriateness of the content obtained through the LimeWire software. Lime Wire does not guarantee the accuracy, completeness or timeliness of the information and data obtained from a Gnutella network though the LimeWire software. Lime Wire, its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for the information and data you receive using the LimeWire software or for any inaccuracies, errors in or omissions from the content.

THE SERVICES ARE PROVIDED BY LIME WIRE ON AN "AS IS" AND "AS AVAILABLE" BASIS. LIME WIRE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE LIME WIRE SITE, OR THE USE OR THE RESULTS OF THE USE OF THE LimeWire software. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. LIME WIRE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. LIME WIRE DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. LIME WIRE DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES. LIME WIRE DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE LIME WIRE WEB SITE OR ANY USE OF THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE LIME WIRE WEB SITE. LIME WIRE DOES NOT WARRANT THAT THIS SITE, THE LimeWire software, ITS SERVERS, OR E-MAIL SENT FROM LIME WIRE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE LIME SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL OR DATA.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

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8. LIMITATION OF LIABILITY
IN NO EVENT SHALL LIME WIRE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LIME WIRE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE CERTAIN STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

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9. COPYRIGHT
All content included on the Lime Wire Services, such as text, graphics, logos, button icons, images, data compilations, and software, is the property of Lime Wire and protected by United States and international copyright laws. The compilation of all content on The Lime Wire Web Site is the exclusive property of Lime Wire and protected by U.S. and international copyright laws. The LimeWire software and all software used on the Lime Wire Web Site is the property of Lime Wire or its software suppliers and protected by United States and international copyright laws.

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10. TRADEMARKS
Lime and Lime Wire are trademarks of Tower Research Capital, LLC. Without Tower Research Capital LLC's prior permission, you agree not to display or use such trademarks in any manner.

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10. EXPORT LAW ASSURANCES
You may not use or otherwise export or reexport the LimeWire software except as authorized by United States law and the laws of the jurisdiction in which the LimeWire software was obtained.

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12. MISCELLANEOUS
The TOS constitute the entire agreement between you and Lime Wire and govern your use of the Services, superceding any prior agreements between you and Lime Wire. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Lime Wire shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You hereby irrevocably consent to the personal and exclusive jurisdiction of the courts located within the county of New York, State of New York in all disputes arising out of or relating to the use of the Services. The failure of Lime Wire to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree to indemnify and hold Lime Wire, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Services.

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