for the use of Digital File Check
NOTE: Digital File Check (the ‘Software’) is provided to you under licence by IFPI, its national groups and their suppliers (the ‘Licensors’). Please read these licence terms and conditions carefully before using the Software. By clicking the acceptance button you accept that use of the Software is subject to and governed by all the licence terms and conditions set out below.
A. ABOUT DIGITAL FILE CHECK
The Software is offered to help you search your computer for peer-to-peer ‘file-sharing’ software, and gives a list of the music, film, TV and other video and image files shared or stored on your computer. The software gives you the option to remove such programs or files.
- The Software searches for the most popular peer-to-peer ‘file-sharing’ programs. However, there is no guarantee that the Software will necessarily find all file-sharing programs, as programs of this type that are lesser known or later developed may have been installed on your computer, or the programs may have been hidden in some way.
- The Software also searches for files in the most popular music and video formats. However there is no guarantee that the Software will necessarily find all such files, as the files may be stored in other formats, or renamed or hidden on your computer in a way that the Software might not find.
- The Software indicates which files are in the ‘shared folders’ used by file-sharing software. Files in these folders typically are made available for distribution to and copying by others on the internet.
- The software makes an inventory of music, film, TV and other video files found elsewhere on your computer. You must determine yourself whether those files were acquired legally or illegally. The Software does not verify or report the source of files found. You may need to clarify this by discussing it with the persons who downloaded or otherwise installed the files.
- You are responsible for anything illegal taking place or stored on your computer or network. Using the Software can provide you with an overview of how your computer is being used, but this does not mean that you are exempt from liability and the Licensors accept no responsibility for any liability (criminal or otherwise) in relation to the use of your computer after installing and using the Software, including any liability in relation to file-sharing programs and/or files not found by the Software. The Software does not transmit any information about you, your computer, or its contents to anyone.
B. WHAT YOU CAN AND CANNOT DO WITH THE SOFTWARE
- You are granted a non-exclusive, limited, royalty-free licence to download, install and use the Software on one or more personal computers under the terms and conditions of this licence.
- You may use the Software only for your own non-commercial and personal purposes. This Software is not authorised for sale, distribution or other use for direct or indirect economic gain. Any commercial use must be licensed separately under terms to be agreed with the Licensors.
- All other uses are prohibited. You are not authorised to carry out any other reproduction of the Software, or any modification, adaptation, translation, creation of derivative works, incorporation with other programs, sale, rental, redistribution, communication, or making available to third parties, of the Software.
- This Software is protected by copyright. The Software is protected by national and international copyright and other intellectual-property laws, and any unauthorised use may violate such laws. Your rights to use the Software are set out in this licence. The Software remains the property of the Licensors. No sale or other transfer of ownership takes place, and no express or implied rights or licences are granted with respect to the Software under any copyright, patent, trademark, trade secret or other intellectual-property right except as specifically provided in this licence.
C. WARRANTIES AND DISCLAIMERS
- ALL IMPLIED WARRANTIES OR OTHER TERMS (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE) ARE EXCLUDED TO THE EXTENT PERMITTED BY LAW.
- Given that the Software is provided at no charge, the downloading, installation and use of the Software is done at your own discretion and risk. Given the unpredictable behaviour of some file-sharing programs, you should always retain a back up of important programs and files on your computer when installing the Software.
- In no event shall IFPI, it's national groups, it's Software or other suppliers, or endorsing parties be liable to you or any third party for any damages, whether direct, indirect, incidental, special, punitive, consequential or other damages of any kind (save to the extent that liability cannot by law be excluded or limited).
- It is your responsibility to comply with the law and the terms of this licence. The user will indemnify and hold IFPI, its national groups, suppliers and endorsing parties harmless from any claim or demand, and damages and costs arising from any claim made by any third party due to or arising out of or in connection to the user’s violation of the law or this licence.
- Governing law. By installing and using the Software, the user agrees that all matters relating to the Software and its use shall be governed exclusively by the laws of the country in which the authorised web site from which the Software is downloaded is located, without regard to the conflicts of laws principles thereof. The user submits to the exclusive personal jurisdiction and venue of the courts of that country with respect to all such matters.
- Entire agreement. This licence, as modified from time to time, sets forth the entire understanding and agreement between you, IFPI and/or MPAA(and their national groups and suppliers) with respect to the subject matter hereof. If any provision shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired.
- Termination. This licence shall remain in effect unless terminated in accordance with its terms. This licence automatically terminates upon failure by the user to comply with its terms or upon notice to users that the licence is terminated. In the event of termination, all licences and authorisation to use the Software terminate, and you must destroy any copies of the Software in your possession or control.