Oracle

Azureus Terms of Service

March 19, 2007

0. Introduction; Your Agreement to these Terms of Service.

Welcome to the Azureus, Inc. ("Azureus") content management and file download platform consisting of web sites (www.vuze.com), services, software applications and networks that allow for the authorized download and distribution of digital content over the internet (the "Azureus Platform"). The Azureus Platform includes software for the authorized download of digital content (the "Azureus Application").

The following Terms of Service for the Azureus Platform is a legal contract between you, either an individual subscriber, customer, member, or user of at least 18 years of age or a single entity ("You" or, collectively, "Users"), and Azureus regarding your use of the Azureus Platform.

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING OR USING THE AZUREUS PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE AZUREUS PLATFORM.

IF YOU ARE USING OR OPENING AN ACCOUNT WITH AZUREUS ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A "SUBSCRIBING ORGANIZATION") THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS; (II) HAVE READ THE FOREGOING TERMS; (III) UNDERSTAND THESE TERMS, AND (IV) AGREE TO THESE TERMS ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION.

1. Eligibility.

The Azureus Platform is not available to persons under the age of 18 or to any users previously suspended or removed from the Azureus Platform by Azureus. BY CLICKING THE "I AGREE" BUTTON OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE AZUREUS PLATFORM, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE AZUREUS PLATFORM.

2. Incorporation by Reference.

Your privacy is important to Azureus. Azureus's Privacy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to Azureus's collection, use, and disclosure of your personal information.

For information regarding any content or service that you have purchased on the Azureus Platform, please refer to the Azureus Terms of Sale. Azureus's Terms of Sale is hereby incorporated into these Terms by reference.

3. Individual Features and Services.

When using the Azureus Platform, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.

As used herein, the term "Commercial Content" means any content made available by third-party content providers and licensed by you for a fee.

4. Modification of these Terms.

Azureus reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Azureus Platform after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Azureus Platform.

5. Digital Millennium Copyright Act.

It is Azureus's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to Azureus's DMCA Notification Guidelines. Azureus will promptly terminate without notice any User's access to the Azureus Platform if that User is determined by Azureus to be a "repeat infringer." A repeat infringer is a User who has been notified by Azureus of infringing activity violations more than twice and/or who has had an Uploader Submission or any other user-submitted content removed from the Azureus Platform more than twice.

6. Azureus Platform License Grant.

6.1 License Grant to Upload.

Subject to your compliance with the terms and conditions set out in this Terms of Service, Azureus hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Azureus Platform for the uploading and distributing of authorized digital content ("Uploader Submissions").

6.2 License Grant to Download.

Subject to your compliance with the terms and conditions set out in this Terms of Service, Azureus hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Azureus Platform to download content from the Azureus Platform.