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End User License Agreements

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Kazaa End User License Agreements

Welcome!

It is important that you carefully read these terms before installing the Kazaa Media Desktop software. These terms when accepted by you form a license ("license") agreement between Sharman Networks Limited ("Sharman") and you ("You," "Your" Or " User") for the use of the Kazaa Media Desktop software, including any and all versions or variations of the Kazaa Media Desktop software, and any future fixes, updates and upgrades provided to you (collectively, "Kazaa" or the " Software").

In order to use Kazaa, you must first read and accept the terms of this license.

1. What You Can Do Under This license

1.1 Subject to all the terms of this license, Sharman grants you a limited, non-exclusive, personal, non-sublicensable, non- assignable license to install and use Kazaa on a single computer owned and controlled by you.

1.2 Unless explicitly stated otherwise, any new features that augment or enhance the current Software, including the release of new properties, shall be subject to the terms of this license.

2. What You Can't Do Under This license

You agree not to use the Software to:

2.1 Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

2.2 Harm minors in any way;

2.3 Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

2.4 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;

2.5 Transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non- disclosure agreements);

2.6 Transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

2.7 Transmit or communicate any data 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;

2.8 Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

2.9 Interfere with or disrupt the Software;

2.10 Intentionally or unintentionally violate any applicable local, state, national or international law, including any rules and regulations of any securities exchange, any rules, regulations, requirements, procedures or policies in force from time to time relating to the Software, and any export or re-export laws, rules and regulations;

2.11 Collect any information or communication about the users of the Software by monitoring, interdicting or intercepting any process of or communication initiated by the Software or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing;

2.12 "Stalk" or otherwise harass another;

2.13 Modify, delete or damage any information contained on the personal computer of any Kazaa user;

2.14 Collect or store personal data or other information about other users;

2.15 Intentionally make available “spoofed” files or data, or files or data with any type of information designed to misidentify the actual content of a file or which is intended to mislead the recipient of the file;

2.16 Utilize the Software for any non-personal or commercial purpose or for the benefit of any third party or charge any person for the use or distribution of the Software;

2.17 Remove any proprietary notices from the Software; or

2.18 Take any steps to interfere with or in any manner compromise any of Sharman's security measures with respect to the Software or any data or file transmitted, processed or stored on or through the Software.

3. More Do's and Don'ts

3.1 This license allows you to install and use Kazaa on a single computer. This license does not permit you to install the Software on more than one computer at a time. You may make copies of the Software in machine- readable form for backup purposes only. The backup copy must include all copyright information contained on the original.

3.2 Except as expressly permitted in this license, you agree not to reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies, create derivative works from, distribute or provide others with the Software in whole or part, or otherwise transmit the Software over a network. You also agree that you will not attempt to decompile, reverse engineer or hack any communication initiated by the Software or to defeat or overcome any encryption and/or other technical protection methods implemented by Sharman or its third party partners with respect to the Software and/or any data or file transmitted, processed or stored on or through the Software.

3.3 You may not sell, transfer, assign or hypothecate the Software to any third party without Sharman’s prior express written consent.

3.4 You may not use, test or otherwise utilize the Software in any manner for purposes of developing or implementing any method or application that is intended to monitor or interfere with the functioning of the Software.

3.5 You may not through the use of any third party software application or otherwise, alter or modify the values stored by the Software in your computer's memory, on your computer's hard disk, or in your computer's registry, or, with the exception of completely uninstalling the Software, otherwise modify, alter or block the functioning of the Software.

3.6 You may not use unlicensed or unauthorized copies of the Software for any purpose, including, without limitation, to obtain information about other users of the Software.

3.7 You may not use automated means, including scripts, batch files, emulators or any others means other than direct manual input by yourself, to control the operation of Kazaa.

4. Things You Need To Know When Using Kazaa

4.1 You are responsible for paying all applicable taxes and other costs you may incur in connection with your use of the Software, including, but not limited to, all hardware and software costs, and providing all equipment and software necessary to connect to Sharman’s web site and to use the Software via the Internet and any royalties or other charges relating to the use of data or files owned by third parties.

4.2 Sharman may from time to time present programming fixes, updates and upgrades to you, including version updates to the Software. You agree to accept any and all such programming fixes, updates and upgrades presented to you, including version updates, and further acknowledge and agree that your failure to accept any such fixes, updates and upgrades will permit Sharman to terminate your right to use the Software.

4.3 Installation. When you install the Software, the install program, e.g. kmd300_en.exe, is saved to your My Shared Folder and shared out to other users. You understand and agree that other users may download this file from your computer and by doing so your Internet connection will be used. If you do not want this to happen, you can delete the file or right click the file and select 'Do Not Share This File'.

4.4 My Shared Folder. By saving a file in My Shared Folder, you understand that it will be available for any other user of Kazaa and compatible programs. These users may find your files and subsequently download them from you. By doing so your Internet connection is being used.

The Software provides options regarding sharing:

* To disable sharing go to Tools->Options->Traffic and check Disable Sharing

* To disable sharing of selected files right click the file in My Kazaa and select Stop Sharing this file. The Kazaa program is a "peer-to- peer" program; this means that it communicates with other peers (other Kazaa or compatible programs). Other users may download files that you have stored in the My Shared Folder and other folders you have selected to be shared. Don't share files which are confidential, such as financial information, or which you do not have the right to distribute.

While your copy of Kazaa is communicating with other peers it receives information of the status of interconnected peers, that information is stored on your computer.

4.5 SuperNode. Your copy of the Software may serve as a SuperNode. The selection process is automated. When your computer is a SuperNode other peers will upload an index of files they are sharing to your computer and they will send search queries to your computer. Your computer will reply to these requests and also forward the request to other SuperNodes. If you do not want to serve as a SuperNode go to Tools -> Options - > Advanced and check 'Do not function as a SuperNode'. When you are a SuperNode your CPU and Internet connection is being used, but not more than 10% of the resources will be used.

5. Things You Need To Do When Using Kazaa

5.1 It is your responsibility to ensure that you obtain all consents, authorisations and clearances in any data owned or controlled by third parties that you transmit, access or communicate to others using Kazaa.

5.2 Sharman will not be liable in any way:

5.2.1 for any errors or omissions in any data, or for any loss or damage of any kind incurred as a result of any data transmitted via the Software;

5.2.2 if you are exposed to data that is offensive, indecent or objectionable;

5.2.3 for any allegations or findings of infringement of copyright or other proprietary rights as a result of your use of the Software; or

5.2.4 for blocking or otherwise disabling your ability to submit, upload, transmit or otherwise make available any file or data, including without limitation, any file or data that Sharman or its third party partners know or have reason to believe that you do not have the right to so submit, upload, transmit or otherwise make available.

6. Copyright Infringement

6.1 Sharman respects copyright and other laws. Sharman requires all Kazaa users to comply with copyright and other laws. Sharman does not by the supply of the Software authorise you to infringe the copyright or other rights of third parties.

6.2 As a condition to use the Software, you agree that you must not use the Software to infringe the intellectual property or other rights of others, in any way. The unauthorised reproduction, distribution, modification, public display, communication to the public or public performance of copyrighted works is an infringement of copyright.

6.3 Users are entirely responsible for their conduct and for ensuring that it complies with all applicable copyright and data-protection laws. In the event a user fails to comply with laws regarding copyrights, other intellectual property rights, data-protection and privacy, such a user may be exposed to civil and criminal liability, including possible fines and jail time.

6.4 You understand and agree that by submitting, uploading, transmitting or otherwise making available any files or data on or through the Software, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions, including all patent, trademark, trade secret, copyright or other proprietary rights, in and to any and all such files or data and are permitted to make such files or data available on or through the Software. You further understand and agree that Sharman, directly or through a third party partner, may use any form of software or other technology to block or otherwise disable your ability to submit, upload, transmit, or otherwise make available any file or data, including, without limitation, any file or data that Sharman or its third party partners know or have reason to believe that you do not have the right to so submit, upload, transmit or otherwise make available.

6.5 Sharman will take appropriate actions in response to notices of copyright infringement. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through the Software, please provide notice to Sharman's Copyright Agent.

Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below (the "Notice"), and must include substantially all of the following:

(a ) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
(b) a description of the copyrighted work or works that you claim have been infringed ("infringed work") and identification of what material in such work(s) is claimed to be infringing ("infringing work") and which you request to be removed or access to which is to be disabled;
(c) a description of the name of the infringing work (and the location of the infringing work, if it appears on the Software) or if the infringing work appears on a site linked from the Software, where the material that you claim is infringing is located on such site and if available, the exact hash file identifier for the infringing work and;
(d ) information sufficient to permit Sharman to contact you, such as your physical address, telephone number, and email address;
(e ) a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(f ) a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.

To reach Sharman's Copyright Agent for Notice of claims of copyright infringement:
By email: copyrightagent@sharmannetworks.com
By mail:
Copyright Agent
Sharman Networks Limited
1st Floor, BDO House
Port Vila, Vanuatu

The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through the Software. The Copyright Agent will not respond to any other inquiries.

7. Sharman's Right to Run Advertising without Payment to Users

7.1 Sharman reserves the right to run advertisements and promotions on Kazaa.

7.2 By accepting the terms of this license, you agree that Sharman has the right to run such advertisements and promotions without compensation to you.

7.3 The timing, frequency, placement and extent of advertising by Sharman within the pages comprising kazaa.com or Kazaa is subject to change and shall be determined by Sharman at its sole discretion.

7.4 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through kazaa.com or Kazaa, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.

7.5 You agree that Sharman is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Kazaa and/ or kazaa.com.

7.6 You agree, so long as you have not entirely deleted Kazaa from your computer, not to take any action, including downloading other software, to disable or block the display of advertising by the Software.

8. Links to Third-Party Sites and Channels

8.1 Sharman may provide links on Kazaa, kazaa.com or through icons placed on your computer's desktop upon installing the Software ("Icons") to third-party websites, and/or may frame various third-party websites (or frame within such sites) through the Software or on kazaa.com. Third- party websites, including channels, which kazaa.com, Kazaa, or Icons may link to or frame and may have co- branding and other relationships with Sharman that offer e-commerce and other services and features to users, but are not under the control of Sharman. Sharman does not have any responsibility or liability for any information, data, communications, products or materials available on such third-party sites. These linked and framed sites are only for your convenience and you therefore access them at your own risk.

9. Third Party Software

9.1 During the process of installing Kazaa, you must install software from third party software vendors pursuant to licenses or other arrangements between such vendors and yourself ("Third Party Software"), including without limitation those software components noted in Section 9.4 below. Please note that the Third Party Software may be subject to different licenses or other arrangements, which you should read carefully. By installing and using this Third Party Software you accept these Third Party Software licenses or other arrangements and acknowledge that you have read them and understand them. Sharman does not sell, resell, or license any of this Third Party Software, and Sharman disclaims to the maximum extent permitted by applicable law, any responsibility for or liability related to the Third Party Software. Any questions, complaints or claims related to the Third Party Software should be directed to the appropriate vendor.

9.2 SHARMAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE QUALITY, SAFETY OR SUITABILITY OF THE THIRD PARTY SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SHARMAN BE LIABLE FOR ANY INDIRECT,PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER THEY MAY ARISE AND EVEN IF SHARMAN HAS BEEN PREVIOUSLY ADVISE OF THE POSSIBILITY OF SUCH DAMAGES.

9.3 There are inherent dangers in the use of any software available for downloading on the Internet, and Sharman cautions you to make sure that you completely understand the potential risks before agreeing to install any of the Third Party Software. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the Third Party Software, and Sharman will not be liable for any damages that you may suffer in connection with using, modifying or distributing any of the Third Party Software.

9.4 Embedded Third Party Software

9.4.1 Cydoor. The Software is supported by advertising revenue, meaning that Sharman displays ads as an integral part of the Kazaa interface. This allows Sharman to provide you with the Software for free: the advertising income received supports Sharman’s development and distribution efforts.

Sharman has partnered with Cydoor Technologies Ltd. (“Cydoor”) to deliver advertisements to the application interface and computer, such as banner ads, buttons, or other advertising formats when you are using the Software. Cydoor’s ad-serving technology allows the Software to display rotating advertisements and to generate income from these advertisements. The partnership with Cydoor enables Sharman to avoid charging you for the Software. Cydoor’s ad-serving technology is an integral part of the Software. There is no separate ad-serving component, and there is no installation, explicit or otherwise, of any independent Cydoor component on your computer. After you install the Software, ads are served according to predefined viewing requirements and frequency caps. Exposure is not based on any aspect of your behavior. From time to time, the Software will connect to Cydoor's servers in order to report aggregated performance records such as the ads that were displayed, the impressions received, and which, if any, were clicked on. These are the same kind of performance parameters that are tracked by any online advertiser, including banners displayed on a web site. Under no circumstance does the application report any other user behavior nor does it transmit any personally identifiable content.

The application does not download ANY information from the Cydoor servers aside from the actual advertisements. The application reports only basic aggregated campaign performance parameters. Be assured that Cydoor has informed Sharman that respecting and maintaining your privacy is their top priority, both ethically and legally. If you have any questions or concerns, please visit the Cydoor website, www.cydoor.com, where you can review their privacy statement.

For information on their privacy policy, go to http://www.cydoor.com/Cydoor/.

9.4.2 TopSearch. The Software includes the TopSearch software provided by Altnet. The TopSearch component regularly downloads an index of available Altnet content through your Internet connection. This index contains a list of available rights managed files which can be displayed in your search results. For information on Altnet and their software, go to http://www.altnet.com. For information on their privacy policy, go to http://www.altnet.com/privacy/.

9.4.3 Bullguard P2P. The Software comes with a virus protection feature provided by Bullguard Technology, which is designed to guard your computer from virus attacks by quarantining and deleting files downloaded via P2P that may have a virus. The BullGuard P2P component will update its virus definition file through your Internet connection. For information on Bullguard and their software, go to http://www.bullguard.com. For information on their privacy policy, go to http://www.bullguard.com/privacypolicy.aspx

9.4.4 InstaFinder & RX Toolbar. Kazaa comes with software programs called InstaFinder and RX Toolbar, both of which are provided by Vista Interactive, a division of Broadspring, Inc. InstaFinder is designed to redirect your URL typing errors to InstaFinder's web page. The RX Toolbar is a software toolbar which is added to Microsoft’s Internet Explorer and provides you with additional website suggestions displayed as links through the Microsoft Internet Explorer window from Vista Interactive's advertisers based on the URL you input into your browser’s address bar and/or based on the subject matter of the web page you are visiting. These software programs help keep Kazaa free. The InstaFinder software is provided pursuant to the InstaFinder End User License Agreement (located below as Exhibit A). The RX Toolbar software is provided pursuant to the RX Toolbar End User License Agreement (located below as Exhibit B). You acknowledge that you have read and accept both agreements. For further information on Vista Interactive, go to http://www.vistainteractivemedia.com/.

9.4.5 For the purposes of this License, the Third Party Software described in this Section 9.4 is collectively referred to as "Embedded Third Party Software."

9.4.6 In exchange for downloading the Software at no cost, you expressly agree that you accept the Embedded Third Party Software and that so long as you have not entirely deleted Kazaa from your computer you will not take any action, including downloading other software which modifies, is intended to modify or permits others to modify registry or other settings on your computer to, disable, remove, block, prevent the functioning of, or otherwise interfere with any of the Embedded Third Party Software.

10. Applicable Law

10.1 This license as well as all disputes arising out of or in connection with this license shall be governed by the laws of New South Wales, Australia, without regard to or application of choice of law rules or principles.

10.2 Any dispute arising out of or in connection with this license, or in future agreements resulting therefrom, shall be exclusively resolved before the competent court in New South Wales, Australia.

11. Points To Consider For International Use

11.1 Recognizing the global nature of the Internet, you agree to comply with all local rules regarding on-line conduct and acceptable data. Specifically, you agree to comply with all applicable laws regarding copyright and the transmission of technical data exported from the country in which you reside.

12. Indemnification

12.1 YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND SHARMAN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, AT YOUR EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS OR DEMANDS, ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY SHARMAN, DUE TO OR ARISING OUT OF DATA YOU SUBMIT,POST TO, TRANSMIT OR COMMUNICATE THROUGH THE SOFTWARE,YOUR USE OR MISUSE OF THE SOFTWARE, YOUR CONNECTION TOOTHER USERS, YOUR VIOLATION OF THIS LICENSE,OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

13. Disclaimers of Warranties

13.1 THE SOFTWARE IS PROVIDED "AS IS", AND ON AN "AS AVAILABLE" BASIS AND THERE ARE NO CLAIMS, REPRESENTATIONS AND WARRANTIES MADE BY SHARMAN, EITHER EXPRESS, IMPLIED OR STATUTORY (TO THE EXTENT PERMITTED BY APPLICABLE LAW), WITH RESPECT TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, TITLE, NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIESCREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.

13.2 ANY DATA DOWNLOADED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

14. Limitation of Liability

14.1 YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SHARMAN BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY, EVEN IF SHARMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLELOSSES, RESULTING FROM:

14.1.1 THE USE OR THE INABILITY TO USE THE SOFTWARE

14.1.2 THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE USE OF THE SOFTWARE;

14.1.3 UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

14.1.4 STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SOFTWARE; OR

14.1.5 ANY OTHER MATTER RELATING TO THE USE OF THE SOFTWARE. IN NO EVENT SHALL SHARMAN'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY AUSTRALIAN DOLLARS ($50).

14.2 WHERE THE TRADE PRACTICES ACT 1974 (CTH) OR SIMILAR STATE AND TERRITORY LEGISLATION IMPLIES INTO THIS LICENSE ANY CONDITION OR WARRANTY, AND THOSE LAWS AVOID OR PROHIBIT CONDITIONS IN A CONTRACT EXCLUDING OR MODIFYING THEM, THEN THE TERM, CONDITION OR WARRANTY SHALL BE DEEMED TO BE INCLUDED IN THIS LICENSE, PROVIDED THAT TO THE FULL EXTENT THAT SHARMAN IS ABLE TO THE LIABILITY OF SHARMAN FOR A BREACH OF ANY SUCH CONDITION OR WARRANTY, INCLUDING ANY ECONOMIC OR CONSEQUENTIAL LOSS, SHALL BE LIMITED AT THE OPTION OF SHARMAN TO ONE OR MORE OF THE FOLLOWING:

14.2.1 IF THE BREACH RELATED TO GOODS: (A) THE REPLACEMENTOF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (B) THE REPAIR OF GOODS; (C) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OBTAINING EQUIVALENT GOODS; (D) THE PAYMENT OF HAVING THE GOODS REPAIRED; OR

14.2.2 IF THE BREACH RELATES TO SERVICES: (A) THE SUPPLY OF THE SERVICE AGAIN; OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICE SUPPLIED AGAIN.

15. Termination

15.1 It is your responsibility to comply with the terms of this license and to obey the laws of your jurisdiction. Your rights under this license will terminate immediately and without prior notice if: you violate any term of this License, including violating any applicable laws or rights of any third party including the intellectual property rights of any such third party. You may be subject to legal action if you continue to use Kazaa in violation of this license.

16. Trademarks and Trade Dress

16.1 The Kazaa name, the Kazaa logo, and other Kazaa related properties are trademarks of Sharman. All other trademarks appearing on Kazaa are trademarks of their respective owners.

16.2 Kazaa "green" (Hex #98CC00) is a trade dress of Sharman Networks.

17. Miscellaneous

17.1 This license constitutes the entire understanding of you and Sharman with respect to the Software and the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby.

17.2 The failure or delay of Sharman to exercise or enforce any rights or provision of the license does not constitute a waiver of such right or provision.

17.3 All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of this license, including without limitation all of your representations, warranties and indemnification obligations.

17.4 Should any part of this license be held invalid by any court or tribunal, such invalidity shall not affect the validity of any remaining part, which will remain in full force and effect as if this License had been executed without that part having been held to be invalid.

17.5 You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by Sharman to download the Software to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SOFTWARE. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.

Exhibit A

Exhibit B