LICENSE AGREEMENT LUCKY WIRE LLC License Agreement

PLEASE READ THIS LICENSE AGREEMENT ("LICENSE") AND ASSOCIATED PRIVACY POLICY CAREFULLY BEFORE USING THE LUCKY WIRE ("LUCKY WIRE") FILE SHARING PROGRAM (THE "PROGRAM"). BY USING THE PROGRAM YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AND ASSOCIATED PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE OR THE PRIVACY POLICY, DO NOT USE THE PROGRAM AND DESTORY ALL COPIES OF OUR PROGRAM.

You can uninstall the LuckyWire Program by clicking on the "Start" button; then clicking on the "Settings" button and/or then clicking on the "Control Panel" button, then clicking on the "Add or Remove Programs" button, then selecting "LuckyWire", then clicking on the "Change/Remove" button.


Open Source License
The Program is free software: you can redistribute it and/or modify it under the terms of the GNU General Public License, version 2 ("GNU GPL v.2") as published by the Free Software Foundation. Find the license here. If you copy, distribute and/or modify the Program in any way, then such uses are subject to the GNU GPL v.2 and you agree to be bound by its terms and conditions. The following additional terms and conditions are incorporated into the license granted to you herein and apply to you as follows: (i) if your use of the Program includes its copying, distribution and/or modification, then the following terms apply in addition to the terms and conditions of the GNU GPL v. 2 , or; (ii) if your use of the Program DOES NOT include its copying, distribution and/or modification, then the following terms apply in lieu of the terms and conditions of the GNU GPL v.2.

No Trademark License
No license is granted to you, and you are not authorized to use any Lucky Wire trademarks, logos, or trade-dress (collectively "Trademarks") other than as permitted under the GNU GPL v.2 license, if applicable. Lucky Wire Trademarks include: "LUCKY WIRE" (two words on the same horizontal plane or stacked atop each other), "LUCKYWIRE" (one word), "LUCKYWIRE STORE"; the LUCKY WIRE logo consisting of the stylized, green clover that appears on our website (www.luckywire.com); the LUCKY WIRE trade-dress consisting of the theme that you see throughout our website (www.luckywire.com), on the Program and at the LuckyWire Store. Impermissible uses include using any part or portion of the Lucky Wire Trademarks as a part of any web site URL or sub-domain.

Specifically, other than as permitted under the GNU GPL v.2, you are not licensed or permitted to host, or redistribute the Program, or distribute any modified or derivative version of the Program using the words or phrases "Lucky", "Wire", "LuckyWire", "Lucky Wire", or the stylized clover logo, or generally theme trade dress, or any confusingly similar word, phrase or graphic.

Illegal Materials
The Program, like all peer-to-peer ("P2P") programs, is capable of being used to share materials that the copyright owner has not authorized be shared. It is unlawful to use the Program to infringe the intellectual property rights of others, or to share, distribute or download others' protected, proprietary and/or confidential information without authorization, or to search for, send, share, distribute or download unlawful pornographic materials, including child pornography (collectively "Illegal Materials"). By using the Program you agree and represent that you will not use the Program to share, distribute or download Illegal Materials. For more information concerning copyrights and peer-to-peer click here.

Indemnity
You hereby agree to indemnify and keep indemnified Lucky Wire, any of its officers, employees, agents, subsidiary companies, holding companies and/or the officers, employees and/or agents of each from and against any and all costs, claims, demands, liabilities, expenses, damages or losses (including without limitation consequential losses, loss of profit and loss of reputation, and all interest, penalties and legal and other professional costs and expenses) arising out of your breach of any of the terms of this License or in any way connected to your use or misuse of the Program or any part thereof.

LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL LUCKY WIRE BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR STRICT LIABILITY, EVEN IF LUCKY WIRE 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 OR REVENUE, LOSS OF PRIVACY, LOSS OF USE OF ANY COMPUTER OR SOFTWARE INLUCDING THE PROGRAM, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION GOODWILL, USE, DATA OR OTHER INTANGIBLE OR PECUNIARY LOSSES, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM:

THE USE OR THE INABILITY TO USE THE PROGRAM;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR DATA;
INFECTION OF YOUR EQUIPMENT BY VIRUSES OR OTHER MALICIUS SOFTWARE;
CONDUCT OF ANY THIRD PARTY USING THE PROGRAM; OR
ANY OTHER MATTER RELATING TO THE USE OF THE PROGRAM.
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.

Privacy
The Program is subject to Lucky Wire's Privacy Policy located here which is expressly made a part of this License and incorporated herein by this reference. Please read the Privacy Policy. It is your responsibility to ensure you read and understand it. If you do not agree to the Privacy Policy, do not use the Program.

Changes
Lucky Wire reserves the right to change, update or revise the terms of this License, and/or impose new conditions, policies or additional rules (collectively "Changes") without notice to you. These Changes will be effective immediately when incorporated in this License. Your continued use of the Program following these Changes will be deemed to constitute your acceptance of these Changes and the subsequently revised License.

Termination
If you breach this License your right and license to use the Program terminates immediately and without notice to you.

Miscellaneous
This License constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this License. This License may only be modified by Lucky Wire. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, or if reformation is not possible, deleted and the remainder of the License surviving. The failure to exercise or delay in exercising a right or remedy provided by this License or by any applicable law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. A waiver of a breach of any of the terms of this License or of a default under this License does not constitute a waiver of any other breach or default and shall not affect the other terms of this License. A waiver of a breach of any of the terms of this License or of a default under this License will not prevent a party from subsequently requiring compliance with the waived obligation. This License shall be governed by California law, excluding its conflict-of-law provisions. You hereby consent to the exclusive jurisdiction and venue of the courts of California in all disputes arising out of or relating to the License. The losing party in any dispute regarding the License shall be responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.