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-
- END-USER LICENSE AGREEMENT
- for Babylon Trial Version and Babylon-Pro
-
-
- BY CLICKING ON THE "YES" BUTTON, YOU ARE CONSENTING TO BE
- BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND
- THE RELATED AGREEMENTS AS SPECIFIED BELOW. IF YOU DO
- NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK
- THE "NO" BUTTON.
- ============================================================
-
- Except when stated otherwise below, the terms and conditions of this License
- Agreement, apply to both Babylon Trial Version and Babylon-Pro. In General,
- the difference in installation between the software of Babylon Trial Version
- and Babylon-Pro is that the Babylon-Pro is a paid License, and therefore
- is advertising free and has full functionality.
-
- Babylon Trial Version (the sponsored service) Specific Terms and Conditions
-
- If you decided to install the Babylon Trial Version, the software you are about
- to download contains several parts: one is the Babylon Trial Version software,
- another is the "Ads on Software" software (the "Cydoor software") by Cydoor
- Technologies Inc. ("Cydoor"). In addition, from time to time Babylon may require
- that you install during the initial download one or more of the following plugins:
- [-] (the "Plugins").
- As part of this license agreement, You are required to click on the links
- and to read the license agreement and privacy policy of every such Plugin,
- and to agree to the terms and conditions specified therein.
-
- The Cydoor software and the Plugins enable us to offer to you this
- Babylon Trial Version license free of charge, and therefore you can not
- install and use the Babylon Trial Version software without installing the
- Cydoor software and the required Plugins. Using the Babylon Trial Version
- without the Cydoor software and the required Plugins constitutes a breach
- of this Agreement.
-
- The Cydoor software will continuously present to you alternating advertisements
- while using the Babylon Tool. For this purpose, the Cydoor software may require
- that you connect to the Internet from time to time, and in any event, you are
- required to connect to the Internet at least once every thirty days.
-
-
- The use of the Cydoor software is subject to the Cydoor End-User License Agreement,
- and to the privacy policy of Cydoor, both of which may be found at
- <http://www.cydoor.com/Cydoor/company/CompanyPrivacy.htm>
- or through Cydoor's corporate offices. You confirm that you have read, understood
- and agreed to the terms and conditions specified in the Cydoor End-User License
- Agreement, and the privacy policy of Cydoor.
-
- Although Babylon does its very best to insure that the Cydoor software complies
- with terms and conditions of use and privacy policy acceptable to Babylon, there
- can be no assurance on behalf of Babylon that such terms are met by Cydoor.
-
- Since the Cydoor software is not a Babylon product, Babylon takes no
- responsibility and gives no warranty of any kind with respect to the Cydoor
- software, its functioning, quality, merchantability or fitness for any use.
- However, if a competent jurisdiction determines that Babylon is responsible
- for the Cydoor software in any respect whatsoever, then Babylon's terms and
- conditions for use of the Glossary Service, as specified here, shall apply
- to the Cydoor software.
-
- The Cydoor software and the Plugins may utilize certain user and user-
- submitted information. For more information about the functioning of
- the Cydoor software and the Plugins, and about the use of user and
- user-submitted information by the Cydoor software and the Plugins,
- see Cydoor's and the Plugins' Privacy Policy and End-User License
- Agreement, and Babylon's privacy policy.
-
- License Grant
-
- If You are using the free trial version:
- Babylon.com Ltd. hereby grants to you a non-exclusive, time limited,
- revocable license to use Babylon's Trial Version software in connection
- with the limited viewing of Babylon's proprietary "Babylon Glossaries"
- system (the Babylon Trial Version, the Babylon-Pro and the Babylon
- Glossaries system hereinafter collectively, the "Tool"), free of charge
- in the case of the Babylon Trial Version, which is the sponsored version
- of the Tool, so long as you comply with the terms and conditions of this
- License Agreement.
-
- If You have purchased a one or two year time-limited Babylon-Pro License:
- Upon payment in full of the License fee to Babylon.Com, Babylon.Com Ltd.
- hereby grants to you a non-exclusive, revocable time-limited (for one or
- two years, as applicable according to the License fee paid) license to use
- Babylon-Pro software in connection with the limited viewing of Babylon's
- proprietary "Babylon Glossaries" system.
- Licensee may terminate this License by destroying the programs and
- documentation and all copies thereof. If any of the terms and conditions
- of this Agreement are violated by the Licensee, in addition to all other
- legal rights and remedies Babylon.Com may terminate this License.
- Upon termination, Licensee shall destroy the software. The provisions of
- this License which protect the proprietary rights of Babylon.Com, shall
- remain in force after the termination of this Agreement.
-
- If You have purchased a Babylon Pro License not limited by time:
- Upon payment in full of the License fee to Babylon.Com, Babylon.Com Ltd.
- hereby grants to you a non-exclusive, revocable license to use Babylon-Pro
- software in connection with the limited viewing of Babylon's proprietary
- "Babylon Glossaries" system which shall remain valid until terminated.
- Licensee may terminate this License by destroying the programs and
- documentation and all copies thereof. If any of the terms and conditions
- of this Agreement are violated by the Licensee, in addition to all other
- legal rights and remedies Babylon.Com may terminate this License. Upon
- termination, Licensee shall destroy the software. The provisions of
- this License which protect the proprietary rights of Babylon.Com, shall
- remain in force after the termination of this Agreement.
-
- Limited Maintenance Period for Babylon-Pro Users Only:
-
- Upon payment in full of the License fee to Babylon, Babylon.Com shall
- also supply to You updates and revisions of the Product, if and when
- issued by Babylon.Com (excluding major upgrades, new versions or future
- premium content, all as may be decided by Babylon.Com upon its exclusive
- discretion), as follows:
- (a) If You have purchased the time-Limited License (one or two years) -
- for the duration of the License.
- (b) If You have purchased a License not limited by time -
- for the first twelve (12) months after the initial purchase of the Product.
-
-
- The trial version of the Tool may be distributed freely on online
- services, bulletin boards, or other electronic media as long as the
- files are distributed in their entirety and are downloaded only by
- providing a link to files residing on BabylonÆs servers. This software
- may not be distributed on CD-ROM, disk, or other physical media
- for a fee without the permission of Babylon.com Ltd.
-
-
- Not a Corporate or Business License
-
- This License is a single-user non-corporate license only. The use of the
- TOOL by any business, organization, agency and the like, whether
- for commercial, non-commercial or educational use requires a separate corporate
- license. For prices and further information about a corporate license, please
- contact corporate@babylon.com.
-
- Special Terms and Restrictions of Use for the Babylon Trial Version
-
- Babylon may, at its sole discretion, at any time, without prior notice and
- temporarily or permanently:
- (i) terminate, limit or deny the License
- (ii) change, reduce or limit the functionality and features of the Tool;
- (iii) create different priorities or grades for different users
- (iv) introduce new features that may cause functionality change in earlier versions;
- (v) condition the continuation of the License on your accepting Tool improvements,
- corrections, adaptations, or changes, or accepting revised or new terms of License,
- as will be made available on or through the Babylon website, Babylon shall notify
- its users through the Tool, by e-mail or through the Babylon website of changes in
- this License agreement.
-
- Except for Babylon-Pro Users, who are entitled to VIP email customer service from
- BabylonÆs support team, this license does not entitle you to any hard-copy
- documentation, support or telephone assistance.
-
- You may not use or rely on the Tool or the Babylon Website for applications or use
- that may result in damage or for applications or use which contain information or
- data you do not wish to be freely accessible and generally available to Internet
- users.
-
- Privacy Policy
-
- You have read, understood and agreed to Babylon's Privacy Statement applicable to
- you, which is part of this Agreement, and is posted at:
- <http://www.Babylon.com/aboutus/privacy.html>
-
-
-
- Compliance with Applicable Laws
-
- You agree to comply with any applicable copyright, secrecy, defamation, decency,
- privacy, export or other laws. Babylon is not responsible and/or liable for any
- information, including without limitation, the databases and user-posted website
- material, submitted to the Babylon Website. Babylon may erase, remove, delete,
- delay, jam or alter such information without prior notice, for functional or any
- other reason.
-
- Copyright, Proprietary Information
-
- This Agreement does not grant to you any rights to any patents, copyrights,
- trade secrets, trademarks (registered or not) trade names, domain names or
- any other proprietary material of Babylon. You agree not to reverse engineer,
- modify, de-compile, disassemble, alter, duplicate, distribute, repackage, sell,
- copy, create derivative works from or transfer the Glossary Service. You also
- undertake not to remove or alter any trademark, logo, copyright, advertisement
- or other proprietary notices, legends, or labels on or in the Glossary Service.
-
- NO WARRANTY, Liability
-
- YOU EXPRESSLY AGREE THAT USE OF THE TOOL IS AT YOUR SOLE
- RISK. THE TOOL IS PROVIDED ON AN "AS IS, AS AVAILABLE"
- BASIS. BABYLON MAKES NO WARRANTIES, EXPRESSED OR IMPLIED,
- INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY
- AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE
- TOOL, INCLUDING BUT NOT LIMITED TO THE BABYLON SERVERS,
- ANY BABYLON SERVICE, OR ANY INFORMATION POSTED BY USERS
- ON THE BABYLON WEBSITE OR UPLOADED BY USERS TO THE TOOL.
- BABYLON DOES NOT WARRANT, GUARANTEE OR MAKE ANY
- REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE
- USE OF THE TOOL IN TERMS OF THE ACCURACY, RELIABILITY,
- QUALITY, VALIDITY, STABILITY, COMPLETENESS, CURRENTNESS,
- OR OTHERWISE OF ITS CONTENT OR PRODUCTS. THE ENTIRE RISK
- AS TO THE RESULTS AND PERFORMANCE OF THE TOOL AND SERVERS
- IS ASSUMED BY THE USER.
-
- Babylon does not warrant or guarantee that the functions or
- services performed by the Tool will be uninterrupted or
- error-free or that defects in the Tool will be corrected.
- By downloading the Tool you might be exposed to infection
- by viruses, worms, Trojan horses or anything else manifesting
- contaminating or destructive properties. It is your sole
- responsibility to take steps to ensure that the Tool or
- information, if contaminated or infected, will not damage
- your system.
-
- IN NO EVENT WILL BABYLON BE LIABLE TO YOU OR ANY OTHER
- PARTY (i) FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,
- INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
- LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
- INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE
- LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE
- AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE
- TOOL, OR ANY OTHER INFORMATION PROVIDED BY BABYLON OR ITS
- USERS, EVEN IF BABYLON SHALL HAVE BEEN ADVISED OF THE
- POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF
- ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR
- (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR
- OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY
- INFORMATION. IN NO EVENT WILL BABYLON'S LIABILITY WITH
- RESPECT TO THIS AGREEMENT EXCEED THE AMOUNT YOU PAID (IF
- YOU PAID) TO BABYLON FOR THE TOOL.
-
-
- General Terms
-
- You agree that this agreement is not intended to confer, and does not confer, any
- rights or remedies upon any person other than the parties to this agreement. If any
- part of this agreement is held invalid or unenforceable, that portion shall be
- construed in a manner consistent with applicable law to reflect, as nearly as possible,
- the original intentions of the parties, and the remaining portions shall remain in full
- force and effect.Babylon may transfer, assign sublicense or pledge in any manner
- whatsoever, any of its rights and obligations under this Agreement to a subsidiary,
- affiliate, successor thereof, or to any third party whatsoever, without notifying you or
- receiving your consent. You shall not transfer, assign, sublicense or pledge in any
- manner whatsoever, any of your rights or obligations under this agreement.
-
- Governing Law and Jurisdiction
-
- The laws of the State of Israel shall govern this Agreement. You expressly agree that
- exclusive jurisdiction for any claim or dispute with Babylon arising out of or in
- connection with this Agreement, including its validity, resides in the competent
- courts of Tel Aviv, Israel .This section shall survive the termination of this
- agreement.
-
-
- Copyright ⌐1997-2001 Babylon.com Ltd. All Rights Reserved
-
-