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390 lines
18 KiB
390 lines
18 KiB
END-USER LICENSE AGREEMENT
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for Babylon Trial Version and Babylon-Pro
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BY CLICKING ON THE "YES" BUTTON, YOU ARE CONSENTING TO BE
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BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND
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THE RELATED AGREEMENTS AS SPECIFIED BELOW. IF YOU DO
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NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK
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THE "NO" BUTTON.
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============================================================
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Except when stated otherwise below, the terms and conditions of this License
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Agreement, apply to both Babylon Trial Version and Babylon-Pro. In General,
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the difference in installation between the software of Babylon Trial Version
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and Babylon-Pro is that the Babylon-Pro is a paid License, and therefore
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is advertising free and has full functionality.
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Babylon Trial Version (the sponsored service) Specific Terms and Conditions
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If you decided to install the Babylon Trial Version, the software you are about
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to install contains several parts: one is the Babylon Trial Version software,
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another is the "Ads on Software" software (the "Cydoor software") by Cydoor
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Technologies Inc. ("Cydoor"). In addition, from time to time Babylon may require
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that you install during the initial download one or more of the following bundled
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software: SAVENOW by WhenU.com , and New.net client (the "Bundled Software").
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As part of this license agreement, you are required to browse to these links
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and to read the license agreement and privacy policy of every such Bundled
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Software, and to agree to the terms and conditions specified therein.
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SAVENOW license agreement: http://www.whenu.com/snlicence01.html
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WhenU.com privacy policy: http://www.whenu.com/privacy.html
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New.net terms of use: http://www.new.net/policies_software.tp
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New.net privacy policy: http://www.new.net/policies_privacy.tp
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The Cydoor software and the Bundled Software enable us to offer you this
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Babylon Trial Version software free of charge, and therefore you cannot
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install and use the Babylon Trial Version software without installing the
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Cydoor software and the required Bundled Software. Using the Babylon Trial
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software without the Cydoor software constitutes a breach of this Agreement.
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The Cydoor software will continuously present to you alternating advertisements
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while using the Babylon Tool. For this purpose, the Cydoor software may require
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that you connect to the Internet from time to time, and in any event you are
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required to connect to the Internet at least once every thirty days.
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The use of the Cydoor software is subject to the Cydoor End-User License Agreement,
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and to the privacy policy of Cydoor, both of which may be found at the bottom of
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this document or through Cydoor's corporate offices. You confirm that you have
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read, understood and agreed to the terms and conditions specified in the Cydoor
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End-User License Agreement, and the privacy policy of Cydoor.
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Although Babylon does its very best to ensure that the Cydoor software complies
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with terms and conditions of use and privacy policy acceptable to Babylon, there
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can be no assurance on behalf of Babylon that such terms are met by Cydoor.
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Since the Cydoor software is not a Babylon product, Babylon takes no
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responsibility and gives no warranty of any kind with respect to the Cydoor
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software, its functioning, quality, merchantability or fitness for any use.
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However, if a competent jurisdiction determines that Babylon is responsible
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for the Cydoor software in any respect whatsoever, then Babylon's terms and
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conditions for use of the Glossary Service, as specified here, shall apply
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to the Cydoor software.
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The Cydoor software and the Bundled Software may utilize certain user and
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user-submitted information. For more information about the functioning of
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the Cydoor software and the Bundled Software, and about the use of user and
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user-submitted information by the Cydoor software and the Bundled Software,
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see Cydoor's and the Bundled Software' Privacy Policy and End-User License
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Agreement, and Babylon's privacy policy.
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License Grant
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Babylon.com Ltd. hereby grants to you a non-exclusive, time limited to
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120 days only, revocable license to use Babylon's Trial Version software
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in connection with the limited viewing of Babylon's proprietary "Babylon
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Glossaries" system (the Babylon Trial Version, the Babylon-Pro and the
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Babylon Glossaries system hereinafter collectively, "the Tool"), free of
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charge in the case of the Babylon Trial Version, which is the sponsored
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version of the Tool, and against the payment of the license fee in the
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Babylon-Pro version of the Tool, so long as you comply with the terms and
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conditions of this License Agreement.
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Babylon Trial Version may be distributed freely on online services, bulletin
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boards, or other electronic media as long as the files are distributed in
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their entirety and are downloaded only by providing a link to files residing
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on Babylon's servers. This software may not be distributed on CD-ROM, disk,
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or other physical media for a fee without the permission of Babylon.com Ltd.
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Not a Corporate or Business License
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This License is a single-user non-corporate license only. The use of the
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Glossary Service by any business, organization, agency and the like, whether
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for commercial, non-commercial or educational use requires a separate corporate
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license. For prices and further information about a corporate license, please
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contact corporate@babylon.com.
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Special Terms and Restrictions of Use for the Babylon Trial Version
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Babylon may, at its sole discretion, at any time, without prior notice and
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temporarily or permanently:
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(i) terminate, limit or deny the License
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(ii) change, reduce or limit the functionality and features of the Tool;
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(iii) create different priorities or grades for different users
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(iv) introduce new features that may cause functionality change in earlier versions;
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(v) condition the continuation of the License on your accepting Tool improvements,
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corrections, adaptations, or changes, or accepting revised or new terms of License,
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as will be made available on or through the Babylon website, Babylon shall notify
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its users through the Tool, by e-mail or through the Babylon website of changes in
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this License agreement.
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Except for Babylon-Pro Users, who are entitled to VIP email customer service from
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Babylon's support team, this license does not entitle you to any hard-copy
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documentation, support or telephone assistance.
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You may not use or rely on the Tool or the Babylon Website for applications or use
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that may result in damage or for applications or use that contain information or
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data you do not wish to be freely accessible and generally available to Internet
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users.
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Privacy Policy
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You have read, understood and agree to Babylon's Privacy Statement applicable to
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you, which is part of this Agreement, and is posted at:
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http://www.babylon.com/aboutus/privacy.html
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Compliance with Applicable Laws
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You agree to comply with any applicable copyright, secrecy, defamation, decency,
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privacy, export or other laws. Babylon is not responsible and/or liable for any
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information, including without limitation, the databases and user-posted website
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material, submitted to the Babylon Website. Babylon may erase, remove, delete,
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delay, jam or alter such information without prior notice, for functional or any
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other reason.
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Copyright, Confidentiality, Proprietary Information
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This Agreement does not grant to you any rights to any patents, copyrights,
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trade secrets, trademarks (registered or not) trade names, domain names or
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any other proprietary material of Babylon. You agree not to reverse engineer,
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modify, de-compile, disassemble, alter, duplicate, distribute, repackage, sell,
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copy, create derivative works from or transfer the Glossary Service. You also
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undertake not to remove or alter any trademark, logo, copyright, advertisement
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or other proprietary notices, legends, or labels on or in the Glossary Service.
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NO WARRANTY, Liability
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YOU EXPRESSLY AGREE THAT USE OF THE TOOL IS AT YOUR SOLE
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RISK. THE TOOL IS PROVIDED ON AN "AS IS, AS AVAILABLE"
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BASIS. BABYLON MAKES NO WARRANTIES, EXPRESSED OR IMPLIED,
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INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY
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AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE
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TOOL, INCLUDING BUT NOT LIMITED TO THE BABYLON SERVERS,
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ANY BABYLON SERVICE, OR ANY INFORMATION POSTED BY USERS
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ON THE BABYLON WEBSITE OR UPLOADED BY USERS TO THE TOOL.
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BABYLON DOES NOT WARRANT, GUARANTEE OR MAKE ANY
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REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE
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USE OF THE TOOL IN TERMS OF THE ACCURACY, RELIABILITY,
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QUALITY, VALIDITY, STABILITY, COMPLETENESS, CURRENTNESS,
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OR OTHERWISE OF ITS CONTENT OR PRODUCTS. THE USER ASSUMES
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THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE
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TOOL AND SERVERS.
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Babylon does not warrant or guarantee that the functions or
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services performed by the Tool will be uninterrupted or
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error-free or that defects in the Tool will be corrected.
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By downloading the Tool you might be exposed to infection
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by viruses, worms, Trojan horses or anything else manifesting
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contaminating or destructive properties. It is your sole
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responsibility to take steps to ensure that the Tool or
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information, if contaminated or infected, will not damage
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your system.
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IN NO EVENT WILL BABYLON BE LIABLE TO YOU OR ANY OTHER
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PARTY (i) FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,
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INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
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LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
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INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE
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LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE
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AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE
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TOOL, OR ANY OTHER INFORMATION PROVIDED BY BABYLON OR ITS
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USERS, EVEN IF BABYLON SHALL HAVE BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF
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ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR
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(ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR
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OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY
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INFORMATION. IN NO EVENT WILL BABYLON'S LIABILITY WITH
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RESPECT TO THIS AGREEMENT EXCEED THE AMOUNT YOU PAID (IF
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YOU PAID) TO BABYLON FOR THE TOOL.
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General Terms
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You agree that this agreement is not intended to confer, and does not confer, any
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rightsor remedies upon any person other than the parties to this agreement. If any
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part of this agreement is held invalid or unenforceable, that portion shall be
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construed in a manner consistent with applicable law to reflect, as nearly as possible,
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the original intentions of the parties, and the remaining portions shall remain in full
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force and effect. Babylon may transfer, assign sublicense or pledge in any manner
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whatsoever, any of its rights and obligations under this Agreement to a subsidiary,
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affiliate, successor thereof, or to any third party whatsoever, without notifying you or
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receiving your consent. You shall not transfer, assign, sublicense or pledge in any
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manner whatsoever, any of your rights or obligations under this agreement.
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Governing Law and Jurisdiction
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The laws of the State of Israel shall govern this Agreement. You expressly agree that
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exclusive jurisdiction for any claim or dispute with Babylon arising out of or in
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connection with this Agreement, including its validity, resides in the competent
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courts of Tel Aviv, Israel. This section shall survive the termination of this
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agreement.
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Copyright ©1997-2001 Babylon.com Ltd. All Rights Reserved
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APPENDIX A - Cydoor Technologies Ltd.
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=================================
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Since you're about to intall a Cydoor enabled application,
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you must read and accept the following -
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Cydoor Technologies Ltd. Software End User License Agreement
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By clicking on the "Yes" button, you are consenting to be
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bound by and are becoming a party to this agreement. If you
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do not agree to all of the terms of this agreement, click
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the "No" button.
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1. Definitions:
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(a) "Cydoor Software" means the software program covered by
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this Agreement, and all related updates supplied by
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Cydoor Technologies.
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(b) "Cydoor Product" means the Cydoor Software and any
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related documentation, models and multimedia content
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(such as animation, sound and graphics), and all related
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updates supplied by Cydoor Technologies Ltd (follows:
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"Cydoor").
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Upon acceptance of this agreement, Cydoor Technologies grants
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to you a non-exclusive license to use the Software, provided
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that you agree to the following:
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2. License Grant:
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You may install the Software on a hard disk or other storage
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device; install and use the Software on a file server for use
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on a network for the purposes of (i) permanent installation
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onto hard disks or other storage devices or (ii) use of the
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Software over such network; and make backup copies of the
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Software.
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You may make and distribute unlimited copies of the Software,
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excluding copies for commercial distribution, as long as each
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copy that you make and/or distribute is subject to this
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Agreement, and the same copyright and other proprietary
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notices pertaining to this Software that appear in the
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Software. If you download the Software from the Internet or
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similar on-line source, you must include the Cydoor
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copyright notice for the Software with any on-line
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distribution and on any media you distribute that includes
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the Software.
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This License does not entitle you hard-copy documentation,
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support or telephone assistance. Cydoor reserves the right
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at any time not to release a commercial release of the
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Software or, if released, to alter prices, features,
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licensing terms, or other characteristics of the commercial
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release.
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3. Restrictions:
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You may not permit other individuals to use the Software
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except under the terms listed above. You may not copy the
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Software other than as specified above. You agree not to
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modify, adapt, translate, reverse engineer, decompile,
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disassemble or otherwise attempt to discover the source code
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of the Software (except and solely to the extent an
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applicable statute expressly and specifically prohibits such
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restrictions). You may not modify, rent, lease, resell for
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profit, distribute or create derivative works based upon the
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Cydoor Product or any part thereof. You may not grant a
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security interest in, or otherwise transfer rights to the
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Software. You may not remove any proprietary notices or
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labels on the Software.
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4. Disclaimer of Warranty:
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The software is provided on an "as is" basis, without
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warranty of any kind from Cydoor, express or implied,
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including without limitation warranty of merchantability,
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free of defects, fitness for a particular purpose and
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non-infringement of third party rights. The entire risk as to
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the quality and performance of the software is borne by you.
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Should the software prove defective in any respect, you and
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not Cydoor or its suppliers assume the entire cost of any
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service and repair.
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This disclaimer of warranty constitutes an essential part of
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the agreement. No use of the software is authorized hereunder
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except under this disclaimer.
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In no event will Cydoor be liable to you for consequential,
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incidental, special or exemplary damages arising out of a
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breach of this agreement or warranty or your use of the
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software, including but not limited to lost profits or loss
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of business, even if Cydoor has been apprised of the
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likelihood of such damages occurring.
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Cydoor shall have no obligation to you with respect to any
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claim of infringement based upon your use of the software in
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combination, operation or otherwise with the data or
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materials not supplied by Cydoor.
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5. Downloading Additional Software:
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In the event that your computer lacks software necessary for
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the Software to operate, a message will automatically be sent
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by the Software to Cydoor that additional software is needed.
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Cydoor will then send you the additional software required
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for operation of the Software. By accepting this Agreement,
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you agree that the Software and any additional software
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needed will be downloaded into your computer.
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6. Termination:
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This Agreement and the license granted hereunder will
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terminate automatically if you fail to comply with the
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limitations described herein. Upon termination, you must
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destroy all copies of the Software and Documentation.
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7. Privacy Act:
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This Agreement is subject to the Israeli Privacy Act of 1981.
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Cydoor shall neither attain nor use any of your identifying
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characteristics. In addition, Cydoor will not obtain any
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personal information that could identify you including your
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name, picture or voice in order to match said personal
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characteristics to the information in the registration form.
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Nevertheless, by accepting this software, you hereby
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authorize Cydoor to use the information in your
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registration form when selecting advertisements for you.
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Cydoor will use the information in the registration form
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provided by you solely for the purpose of selecting which
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commercials may, in Cydoor opinion, interest you most.
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By downloading the Cydoor Product, you are confirming your
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acceptance of the Software and agreeing to be bound by the
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terms of this Agreement.
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8. General:
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This Agreement shall be governed by the laws of the State of
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Israel. This Agreement contains the complete agreement
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between the parties with respect to the license granted
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hereunder and supercedes all prior or contemporaneous
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agreements or understandings, whether oral or written.
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This Agreement may be amended only by a writing signed by an
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authorized officer of Cydoor.
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This Agreement will not be governed by the United Nations
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Convention on Contracts for the International Sale of Goods,
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the application of which is expressly excluded. You agree
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that the Software will not be shipped, transferred or
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exported into any country or used in any manner, directly or
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indirectly, prohibited by the United States Export
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Administration Act or any other export laws, restrictions or
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regulations.
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If any provision of this Agreement is held to be void and
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unenforceable, it will not affect the validity of the balance
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of the Agreement. Such provision shall be reformed only to
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the extent necessary to make it enforceable. This Agreement
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shall be governed by Israeli law, excluding conflict of law
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provisions (except to the extent applicable law, if any,
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provides otherwise).
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Manufacturer:
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Cydoor Technologies, 22 Maskit St Hertzelia, Israel.
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http://www.cydoor.com
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Your acceptance of the foregoing agreement was indicated
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during installation.
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