NO B.S. Here is a copy of the info list and license for Grokster pro 1.0.0.1 - I have it backed up on a CD along with everything else from my last computer.
Welcome to Grokster!
Next Generation File Sharing
Grokster is the latest generation of file sharing software. The Grokster generation of file sharing presents these exciting features:
* Peer-to-Peer: True person to person file searches and transfers.
* Fast Searches: Unlike Gnutella type programs, Grokster's SuperNode technology provides for very fast searches.
* Detailed Searches: The Grokster technology tracks detailed file info and allows detailed searches on it.
* No Incomplete/Failed Downloads: Grokster automatically removes incomplete downloads.
* Auto Resume: Grokster will automatically seek out the same file from multiple sources and continue downloading until complete.
* Fastest Downloads: Grokster will download the file from multiple sources with the fastest connections as fast as you can download, automatically.
* File Preview: Preview files as you start downloading them.
* All File Types: Share any type of file.
Enjoy Grokster!
And this is a copy of the license :
Legal Notice and Terms of Service for Grokster
Use of the Grokster software and the Service is provided by Grokster, subject to the notices, terms, and conditions set forth below and on the Grokster client and Grokster web sites, including, but not limited to those in the Grokster License Agreement, the Terms of Service (as set forth below), and the Grokster Repeat Copyright Offender Policy (as set forth below). We may regularly amend these notices, terms and conditions at any time without prior notice by posting new or revised terms of use policies and other documents on the Grokster software or Grokster web sites. It is important for you to check this and other terms and conditions related to use of Grokster and other Grokster products and services from time to time. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE GROKSTER OR GROKSTER WEB SITE. USE OF GROKSTER PRODUCTS AND SERVICES CONSTITUTES YOUR ACCEPTANCE OF ALL SUCH NOTICES, TERMS AND CONDITIONS.
1. Violation of Copyright and Other Laws When Using Grokster
PLEASE NOTE THAT GROKSTER RESPECTS THE RIGHT OF COPYRIGHT OWNERS AND IS FULLY COMMITTED TO PROTECT THEIR RIGHTS. GROKSTER EXPECTS ALL GROKSTER DESKTOP USERS AND GROKSTER WEB SITE USERS TO DO THE SAME. WE, THEREFORE, ASK YOU TO PAY SPECIAL ATTENTION TO AVOID VIOLATING COPYRIGHT LAWS AND REGULATIONS. AS A CONDITION TO USE THE GROKSTER PRODUCTS AND SERVICES, YOU MUST AGREE THAT YOU WILL NOT USE GROKSTER TO INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF OTHERS IN ANY WAY. UNAUTHORISED COPYING, DISTRIBUTION, MODIFICATION, PUBLIC DISPLAY, OR PUBLIC PERFORMANCE OF COPYRIGHTED WORKS IS AN INFRINGEMENT OF THE COPYRIGHT HOLDERS' RIGHTS.
YOU SHOULD NOT USE THE GROKSTER'S SERVICE TO OBTAIN ANY PERSONAL INFORMATION ABOUT ANY GROKSTER USERS OR TO MODIFY, DELETE OR DAMAGE ANY INFORMATION CONTAINED ON THE PC OF ANY USER CONNECTED TO THE GROKSTER SERVICE. YOU ARE HEREBY PUT ON NOTICE THAT YOU ARE ENTIRELY RESPONSIBLE FOR YOUR CONTENT AND FOR ENSURING THAT IT COMPORTS WITH ALL APPLICABLE LAWS, INCLUDING ALL COPYRIGHT AND DATA-PROTECTION LAWS. IN CASE YOU FAIL TO COMPLY WITH LAWS REGARDING COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS AND DATA-PROTECTION, YOU MAY, BY THE RELEVANT AUTHORITIES, BE EXPOSED TO CIVIL AND CRIMINAL LIABILITY, INCLUDING FINES AND JAIL TIME.
2. Terms of Service
If you are an adult, to use Grokster, you must first: (a) read and accept the Grokster License Agreement of which this Notice and Terms of Service are part, (b) agree to be bound by the terms of that License by pressing the 'Yes' button on the Grokster download screen and (c) pay the applicable fees, if any.
If you are a minor you will become eligible to use Grokster upon your parent: (a) reading and accepting the Grokster License Agreement of which this Notice and Terms of Service are part, (b) agreeing to be bound by the terms of that license by pressing the 'Yes' button on the Grokster download screen and (c) paying the applicable fees, if any. You understand and agree that Grokster is provided "AS-IS" and that we assume no responsibility for the failure or inaccuracy of Grokster. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you may incur in connection with your use of Grokster, and providing all equipment and software necessary to connect to our web site and to use Grokster via the Internet. We may add, delete or change some or all of our services provided in connection Grokster at any time. This may include download of necessary software modules. Any new features that augment or enhance Grokster will be subject to these notices, terms and conditions and will also be subject to all other applicable Grokster policies, terms, notices and conditions as discussed above. We may establish general practices and limits concerning use of Grokster. For example, we may limit the number of files that you may make accessible to other Grokster users or the number of files of other Grokster users that you may access. You agree to accept these general practices and limits as they may be in effect from time to time. In addition, we reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, Grokster (or any portion thereof), or your access to Grokster (or any portion thereof), for any reason or no reason, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of Grokster or your access to Grokster.
3. Agreement to Provide True, Correct and Accurate Information for Your Use of Grokster
In consideration of your use of Grokster, you agree that the information you provide to us is and will be true, correct and accurate in all respects, and you agree to update such information as necessary to keep it true, correct and accurate in all respects. If you provide any information that is not true, correct and accurate in all respects, or we have reasonable grounds to suspect that such information is not true, correct and accurate in all respects, we have the right to suspend or terminate your use of Grokster. You will be asked to establish a user name and password when registering as a Grokster user. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your Grokster account. You agree (i) that you will not provide your Grokster password to any third party, and you will not allow any third party to access your Grokster account, (ii) to immediately notify us of any unauthorized use of your Grokster account or any other breach of security and (iii) that you will establish and maintain only one Grokster registration at a time.
4. Registration Obligations for Your Use of Grokster
GROKSTER DOES NOT CONTROL OR HAVE KNOWLEDGE OF ANY OF THE AVAILABLE CONTENT SHARED THROUGH GROKSTER. ALL CONTENT, SUCH AS MUSIC, AUDIO, VIDEO, PHOTOGRAPHS, TEXT, MESSAGES, OR OTHER MEDIA MATERIALS, WHETHER PUBLICLY POSTED OR PRIVATELY TRANSMITTED, IS THE ENTIRE RESPONSIBILITY OF THE PERSON FROM WHICH SUCH CONTENT ORIGINATED.
Grokster does not guarantee the accuracy, integrity, quality or legality of such content. You may be exposed to content that is offensive, indecent or objectionable. Under any circumstances, Grokster will not be liable in any way for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of any content transmitted via the Service.
You agree to not use the Service to:
Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Harm minors in any way;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
Transmit any content 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 nondisclosure agreements);
Transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
Transmit any material 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;
Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Intentionally or unintentionally violate any applicable local, state, national or international law, including securities exchange and any regulations having the force of law;
"Stalk" or otherwise harass another; or
Collect or store personal data about other users. You acknowledge and agree that Grokster may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonable necessary to:
(a) Comply with legal process;
(b) Enforce the License Agreement;
(c) Respond to claims that any content violates the rights of third-parties; or
(d) Protect the rights, property, or personal safety of Grokster, its users and the public.
Monitor network traffic or make search requests in order to accumulate information about individual users.
5. Payment and fees
Certain features of Grokster may require payment in the future. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Service through your account. Certain portions of the Service or the Service as a whole may require a prepaid fee ("Prepaid Fee"). The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee is required unless Grokster receives all fees and charges payable by you, including the Prepaid Fee. If you do not pay the applicable fees within the prescribed period of time your account will be terminated immediately, without limiting Grokster's right to demand payment of fees and damages at a later time.
6. Grokster's Policy Against Child Pornography
We do not want child pornography on the Grokster Network. You should report any incidents to one of the non-profit organizations dedicated to fight the spread of child pornography. One such organization is at www.cybertipline.com. You can find a list of such organizations on http://www.meldpunt.org/NL/inhope.html.
PLEASE OBSERVE THAT, IN ADDITION TO BEING DISGUSTING, SPREADING CHILD PORNOGRAPHY IS A CRIMINAL OFFENCE IN MOST COUNTRIES. IF YOU SHARE CHILD PORNOGRAPHY, YOU RUN THE RISK OF BEING PROSECUTED, FINED OR IMPRISONED. A number of non-profit organizations and individuals are actively seeking out child pornography on the Internet and reporting the incidents to the authorities.
7. Grokster's Copyright Infringement Policy
Grokster respects and wants to protect the rights of copyright owners. We ask all users to pay special attention to avoid violating copyright laws and regulations. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of copyright holders' rights. You should be aware that some of the files other Grokster users designate to share may have been created or distributed without the copyright owners' authorization. Your license to use the Grokster software and access the Grokster Service is subject to the condition that you shall not infringe the intellectual property rights of others in any way. Grokster will terminate the account of any Grokster users with repeat copyright infringements. Please refer to the Grokster's Repeat Copyright Offender Policy (as set forth below).
Grokster reserves the right to unilaterally terminate the account of any person (a) upon any single act of infringement in conjunction with the use of Grokster, (b) if Grokster in its sole discretion believes that person's conduct is harmful to the interests of Grokster, other Grokster users, or other Grokster affiliate partners, or (c) for any other reason in Grokster's sole discretion, with or without cause.
If you are a copyright owner or are authorized to act on behalf of one and find that a Grokster user is infringing your copyright work, please make contact with us directly at
[email protected]
Grokster is technically not able to monitor the information users transmit or store via the Grokster network. Even if Grokster were in the position to monitor the information users transmit or store, which it is not, Grokster is not obliged under law to conduct such monitoring. To the contrary, monitoring users in any communications network would amount to an infringement of their privacy. We, however, are required by law, to comply with requests by judicial authorities for information about our users, in accordance with national legislation to safeguard national security, defense, and public security and for the prevention, investigation, detection and prosecution of criminal and civil offences.
8. Grokster's Repeat Copyright Offender Policy
Grokster will terminate the accounts of users who violate copyrights or other intellectual property rights of third parties if we receive "actual knowledge" of their infringing activities. "Actual knowledge" means a ruling from a judge stating that the user has infringed copyrights or other intellectual property rights. Those users deemed "repeat offenders" by Grokster will have their Grokster account permanently cancelled. Our repeat offender policy is as follows:
If any Grokster user who has been the subject of a complaint from or on behalf of a content owner that submits a detailed letter in writing stating a name and sufficient facts of repeat copyright infringement, we shall contact directly the user asking either (a) to stop violating copyright laws or (b) file a counter-argument in case the user feels that one has been unrightfully accused.
If the repeat copyright offender does not reply in writing within 48 hours after our notification, we shall permanently terminate the account without prior notice.
If the repeat copyright offender chooses not to comply, the copyright holder may sue the offender for copyright infringement directly.
Any Grokster user who has had its account terminated shall not be permitted to re-register to Grokster at any time.
Each Grokster user is allowed to have only one active registration or account at any given time. Any Grokster user found to have more than one active registration or account at any time shall have all their Grokster accounts permanently cancelled.
Grokster will enforce this policy to the extent it is technically feasible to do so.
In the event that a court of law holds that a Grokster user eliminated from Grokster under this policy did not in fact infringe another's rights or otherwise violate the law, Grokster may re-institute such person's account, upon receipt of the applicable court judgment or order.
9. License
The Grokster Media Desktop software and documentation accompanying this License whether on disk, in read only memory, on any other media or in any other form are licensed to you by Grokster. You own the media on which the Grokster Desktop software is recorded but Grokster retains title to the Grokster Media Desktop software. The Grokster Desktop software in this package or that you have downloaded, as applicable, and any copies which this License authorizes you to make are subject to this License.
This License allows you to install and use the Grokster Desktop software 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 one copy of the Grokster Desktop software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original.
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 Grokster software in whole or part or transmit the application 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 Grokster software to a party who agrees to accept the terms of this License and destroy any other copies of the Grokster software in your possession. Your rights under this License will terminate automatically without prior notice from Grokster if you fail to comply with any term(s) of this License.
By accepting the terms of this License Agreement you agree that Grokster is permitted to limit, deny, create different priorities to different users, update or cancel some or all of the functionality of this application at any time, without prior notice.
10. Grokster's Right to Run Advertising Without Compensation to Users
Grokster reserves the right to run advertisements and promotions on all pages of the Grokster web sites and the Grokster client. By accessing your Grokster and Grokster accounts, you agree that we have the right to run such advertisements and promotions without compensation to you. The timing, frequency, placement and extent of advertising by us within the pages comprising your Grokster account is subject to change and shall be determined by us in our sole discretion. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Grokster web sites or Grokster client, 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. You agree that Grokster will not be 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 the Grokster web sites or Grokster.
11. Links to Third-Party Sites
The Grokster client and website may provide, or third parties may provide, links to other World Wide Web sites or other Internet resources. Any third-party sites to which Grokster may link are not under control of Grokster. Grokster does not have any responsibility or liability for any information, contents, communications or materials available on such third-party sites.
12. Applicable law
This Legal and Terms of Service as well as all disputes arising out of or in connection with this terms shall be governed by the laws of Nevis, without regard to or application of choice of law rules or principles.
Any dispute arising out of or in connection with this Legal and Terms of Service, or in future agreements resulting there from, shall be exclusively resolved before the competent court in Nevis.
13. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. 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.
14. Indemnification
Grokster users must agree to indemnify and hold Grokster, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of these notices, terms and conditions, or your violation of any rights of another.
BY USING GROKSTER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE NOTICES, TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THE GROKSTER SOFTWARE AGREEMENT, WHICH INCLUDES THIS GROKSTER LEGAL NOTICE AND TERMS OF SERVICE AND THE OTHER POLICIES AND DOCUMENTS POSTED ON THE GROKSTER AND THE GROKSTER WEB SITES, WHICH MAY BE MODIFIED FROM TIME TO TIME BY GROKSTER, AND ANY OTHER MATERIALS EXPRESSLY INCORPORATED HEREIN BY REFERENCE, ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES, AND SUPERSEDE ANY AND ALL PRIOR AND CONTEMPORANEOUS WRITTEN OR ORAL AGREEMENTS EXISTING BETWEEN THE PARTIES WITH RESPECT TO SUCH SUBJECT MATTER.
15. No Resale or Service
None of Grokster's users is allowed to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
16. Modifications to or Suspension of Service
Grokster reserves the right to modify or discontinue the Service temporarily or permanently, at any time, with or without notice. Grokster will attempt to provide reasonable notice of such changes to the services or the site.
17. Grokster's Proprietary Rights
The Grokster name, the Grokster logo, and other Grokster related properties are trademarks of Grokster. All other trademarks appearing on the Service are trademarks of their respective owners.
18. Disclaimer of Warranties
The services, content, audio transmissions or other data of any kind or nature made available at the site are provided on an "AS IS" and "AS AVAILABLE" basis or at the specific providers own terms. All representations and warranties, either express or implied are disclaimed, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Grokster makes no warranty, representation or guaranty as to the content, accuracy, timeliness or completeness of the site or the information or that the information may be relied upon for any reason. Any material downloaded through the service is done at your own discretion and risk and that 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.
19. Limitation of Liability
You understand and agree that Grokster shall not be liable 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 intangible losses, resulting from:
(i) The use or the inability to use the service;
(ii) 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 service;
(iii) Unauthorized access to or alteration of your transmissions or data;
(iv) Statements or conduct of any third party on the service; or
(v) Any other matter relating to the service.
20. Willful misconduct and death or injury
The limitation of liability referred to in article 18 shall not apply in the event of (i) willful misconduct or gross negligence on the part of Grokster and/or (ii) in the event of claims for compensation as a result of death or injury. However, in no event shall Grokster's total liability to you for all damages exceed the amount of a $100.
21. Notice
The Service may provide notices of changes to the License Agreement or other matters by displaying notices or links to notices to you generally on the Service.
You are obliged to update you knowledge hereto continuously. Lack of knowledge does not imply that these terms are not accepted by you.
22. Miscellaneous
These Terms of Service constitute the entire understanding of you and Grokster with respect to 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.
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 failure or delay of Grokster to exercise or enforce any rights or provision of the Terms of Service may not constitute a waiver of such right or provision.
All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Terms of Service, including without limitation all of your representations, warranties and indemnification obligations.
Should any part of these Terms of Service 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 these Terms of Service had been executed without that part having been held to be invalid.
January 2002
END