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1 END-USER LICENSE AGREEMENT
2 for Babylon Trial Version and Babylon-Pro
3
4
5
6 BY CLICKING ON THE "YES" BUTTON, YOU ARE CONSENTING TO BE
7 BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND
8 THE RELATED AGREEMENTS AS SPECIFIED BELOW. IF YOU DO
9 NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK
10 THE "NO" BUTTON.
11 ============================================================
12
13 Except when stated otherwise below, the terms and conditions of this License
14 Agreement, apply to both Babylon Trial Version and Babylon-Pro. In General,
15 the difference in installation between the software of Babylon Trial Version
16 and Babylon-Pro is that the Babylon-Pro is a paid License, and therefore
17 is advertising free and has full functionality.
18
19 Babylon Trial Version (the sponsored service) Specific Terms and Conditions
20
21 If you decided to install the Babylon Trial Version, the software you are about
22 to install contains several parts: one is the Babylon Trial Version software,
23 another is the "Ads on Software" software (the "Cydoor software") by Cydoor
24 Technologies Inc. ("Cydoor"). In addition, from time to time Babylon may require
25 that you install during the initial download one or more of the following bundled
26 software: SAVENOW by WhenU.com , and New.net client (the "Bundled Software").
27 As part of this license agreement, you are required to browse to these links
28 and to read the license agreement and privacy policy of every such Bundled
29 Software, and to agree to the terms and conditions specified therein.
30 SAVENOW license agreement: http://www.whenu.com/snlicence01.html
31 WhenU.com privacy policy: http://www.whenu.com/privacy.html
32 New.net terms of use: http://www.new.net/policies_software.tp
33 New.net privacy policy: http://www.new.net/policies_privacy.tp
34
35 The Cydoor software and the Bundled Software enable us to offer you this
36 Babylon Trial Version software free of charge, and therefore you cannot
37 install and use the Babylon Trial Version software without installing the
38 Cydoor software and the required Bundled Software. Using the Babylon Trial
39 software without the Cydoor software constitutes a breach of this Agreement.
40
41 The Cydoor software will continuously present to you alternating advertisements
42 while using the Babylon Tool. For this purpose, the Cydoor software may require
43 that you connect to the Internet from time to time, and in any event you are
44 required to connect to the Internet at least once every thirty days.
45
46
47 The use of the Cydoor software is subject to the Cydoor End-User License Agreement,
48 and to the privacy policy of Cydoor, both of which may be found at the bottom of
49 this document or through Cydoor's corporate offices. You confirm that you have
50 read, understood and agreed to the terms and conditions specified in the Cydoor
51 End-User License Agreement, and the privacy policy of Cydoor.
52
53 Although Babylon does its very best to ensure that the Cydoor software complies
54 with terms and conditions of use and privacy policy acceptable to Babylon, there
55 can be no assurance on behalf of Babylon that such terms are met by Cydoor.
56
57 Since the Cydoor software is not a Babylon product, Babylon takes no
58 responsibility and gives no warranty of any kind with respect to the Cydoor
59 software, its functioning, quality, merchantability or fitness for any use.
60 However, if a competent jurisdiction determines that Babylon is responsible
61 for the Cydoor software in any respect whatsoever, then Babylon's terms and
62 conditions for use of the Glossary Service, as specified here, shall apply
63 to the Cydoor software.
64
65 The Cydoor software and the Bundled Software may utilize certain user and
66 user-submitted information. For more information about the functioning of
67 the Cydoor software and the Bundled Software, and about the use of user and
68 user-submitted information by the Cydoor software and the Bundled Software,
69 see Cydoor's and the Bundled Software' Privacy Policy and End-User License
70 Agreement, and Babylon's privacy policy.
71
72 License Grant
73
74 Babylon.com Ltd. hereby grants to you a non-exclusive, time limited to
75 120 days only, revocable license to use Babylon's Trial Version software
76 in connection with the limited viewing of Babylon's proprietary "Babylon
77 Glossaries" system (the Babylon Trial Version, the Babylon-Pro and the
78 Babylon Glossaries system hereinafter collectively, "the Tool"), free of
79 charge in the case of the Babylon Trial Version, which is the sponsored
80 version of the Tool, and against the payment of the license fee in the
81 Babylon-Pro version of the Tool, so long as you comply with the terms and
82 conditions of this License Agreement.
83 Babylon Trial Version may be distributed freely on online services, bulletin
84 boards, or other electronic media as long as the files are distributed in
85 their entirety and are downloaded only by providing a link to files residing
86 on Babylon's servers. This software may not be distributed on CD-ROM, disk,
87 or other physical media for a fee without the permission of Babylon.com Ltd.
88
89
90 Not a Corporate or Business License
91
92 This License is a single-user non-corporate license only. The use of the
93 Glossary Service by any business, organization, agency and the like, whether
94 for commercial, non-commercial or educational use requires a separate corporate
95 license. For prices and further information about a corporate license, please
96 contact corporate@babylon.com.
97
98 Special Terms and Restrictions of Use for the Babylon Trial Version
99
100 Babylon may, at its sole discretion, at any time, without prior notice and
101 temporarily or permanently:
102 (i) terminate, limit or deny the License
103 (ii) change, reduce or limit the functionality and features of the Tool;
104 (iii) create different priorities or grades for different users
105 (iv) introduce new features that may cause functionality change in earlier versions;
106 (v) condition the continuation of the License on your accepting Tool improvements,
107 corrections, adaptations, or changes, or accepting revised or new terms of License,
108 as will be made available on or through the Babylon website, Babylon shall notify
109 its users through the Tool, by e-mail or through the Babylon website of changes in
110 this License agreement.
111
112 Except for Babylon-Pro Users, who are entitled to VIP email customer service from
113 Babylon's support team, this license does not entitle you to any hard-copy
114 documentation, support or telephone assistance.
115
116 You may not use or rely on the Tool or the Babylon Website for applications or use
117 that may result in damage or for applications or use that contain information or
118 data you do not wish to be freely accessible and generally available to Internet
119 users.
120
121 Privacy Policy
122
123 You have read, understood and agree to Babylon's Privacy Statement applicable to
124 you, which is part of this Agreement, and is posted at:
125 http://www.babylon.com/aboutus/privacy.html
126
127
128
129 Compliance with Applicable Laws
130
131 You agree to comply with any applicable copyright, secrecy, defamation, decency,
132 privacy, export or other laws. Babylon is not responsible and/or liable for any
133 information, including without limitation, the databases and user-posted website
134 material, submitted to the Babylon Website. Babylon may erase, remove, delete,
135 delay, jam or alter such information without prior notice, for functional or any
136 other reason.
137
138 Copyright, Confidentiality, Proprietary Information
139
140 This Agreement does not grant to you any rights to any patents, copyrights,
141 trade secrets, trademarks (registered or not) trade names, domain names or
142 any other proprietary material of Babylon. You agree not to reverse engineer,
143 modify, de-compile, disassemble, alter, duplicate, distribute, repackage, sell,
144 copy, create derivative works from or transfer the Glossary Service. You also
145 undertake not to remove or alter any trademark, logo, copyright, advertisement
146 or other proprietary notices, legends, or labels on or in the Glossary Service.
147
148 NO WARRANTY, Liability
149
150 YOU EXPRESSLY AGREE THAT USE OF THE TOOL IS AT YOUR SOLE
151 RISK. THE TOOL IS PROVIDED ON AN "AS IS, AS AVAILABLE"
152 BASIS. BABYLON MAKES NO WARRANTIES, EXPRESSED OR IMPLIED,
153 INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY
154 AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE
155 TOOL, INCLUDING BUT NOT LIMITED TO THE BABYLON SERVERS,
156 ANY BABYLON SERVICE, OR ANY INFORMATION POSTED BY USERS
157 ON THE BABYLON WEBSITE OR UPLOADED BY USERS TO THE TOOL.
158 BABYLON DOES NOT WARRANT, GUARANTEE OR MAKE ANY
159 REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE
160 USE OF THE TOOL IN TERMS OF THE ACCURACY, RELIABILITY,
161 QUALITY, VALIDITY, STABILITY, COMPLETENESS, CURRENTNESS,
162 OR OTHERWISE OF ITS CONTENT OR PRODUCTS. THE USER ASSUMES
163 THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE
164 TOOL AND SERVERS.
165
166 Babylon does not warrant or guarantee that the functions or
167 services performed by the Tool will be uninterrupted or
168 error-free or that defects in the Tool will be corrected.
169 By downloading the Tool you might be exposed to infection
170 by viruses, worms, Trojan horses or anything else manifesting
171 contaminating or destructive properties. It is your sole
172 responsibility to take steps to ensure that the Tool or
173 information, if contaminated or infected, will not damage
174 your system.
175
176 IN NO EVENT WILL BABYLON BE LIABLE TO YOU OR ANY OTHER
177 PARTY (i) FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,
178 INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
179 LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
180 INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE
181 LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE
182 AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE
183 TOOL, OR ANY OTHER INFORMATION PROVIDED BY BABYLON OR ITS
184 USERS, EVEN IF BABYLON SHALL HAVE BEEN ADVISED OF THE
185 POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF
186 ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR
187 (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR
188 OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY
189 INFORMATION. IN NO EVENT WILL BABYLON'S LIABILITY WITH
190 RESPECT TO THIS AGREEMENT EXCEED THE AMOUNT YOU PAID (IF
191 YOU PAID) TO BABYLON FOR THE TOOL.
192
193
194 General Terms
195
196 You agree that this agreement is not intended to confer, and does not confer, any
197 rightsor remedies upon any person other than the parties to this agreement. If any
198 part of this agreement is held invalid or unenforceable, that portion shall be
199 construed in a manner consistent with applicable law to reflect, as nearly as possible,
200 the original intentions of the parties, and the remaining portions shall remain in full
201 force and effect. Babylon may transfer, assign sublicense or pledge in any manner
202 whatsoever, any of its rights and obligations under this Agreement to a subsidiary,
203 affiliate, successor thereof, or to any third party whatsoever, without notifying you or
204 receiving your consent. You shall not transfer, assign, sublicense or pledge in any
205 manner whatsoever, any of your rights or obligations under this agreement.
206
207 Governing Law and Jurisdiction
208
209 The laws of the State of Israel shall govern this Agreement. You expressly agree that
210 exclusive jurisdiction for any claim or dispute with Babylon arising out of or in
211 connection with this Agreement, including its validity, resides in the competent
212 courts of Tel Aviv, Israel. This section shall survive the termination of this
213 agreement.
214
215
216 Copyright ©1997-2001 Babylon.com Ltd. All Rights Reserved
217
218
219
220
221 APPENDIX A - Cydoor Technologies Ltd.
222 =================================
223
224 Since you're about to intall a Cydoor enabled application,
225 you must read and accept the following -
226
227 Cydoor Technologies Ltd. Software End User License Agreement
228
229 By clicking on the "Yes" button, you are consenting to be
230 bound by and are becoming a party to this agreement. If you
231 do not agree to all of the terms of this agreement, click
232 the "No" button.
233
234 1. Definitions:
235
236 (a) "Cydoor Software" means the software program covered by
237 this Agreement, and all related updates supplied by
238 Cydoor Technologies.
239
240 (b) "Cydoor Product" means the Cydoor Software and any
241 related documentation, models and multimedia content
242 (such as animation, sound and graphics), and all related
243 updates supplied by Cydoor Technologies Ltd (follows:
244 "Cydoor").
245
246 Upon acceptance of this agreement, Cydoor Technologies grants
247 to you a non-exclusive license to use the Software, provided
248 that you agree to the following:
249
250 2. License Grant:
251
252 You may install the Software on a hard disk or other storage
253 device; install and use the Software on a file server for use
254 on a network for the purposes of (i) permanent installation
255 onto hard disks or other storage devices or (ii) use of the
256 Software over such network; and make backup copies of the
257 Software.
258
259 You may make and distribute unlimited copies of the Software,
260 excluding copies for commercial distribution, as long as each
261 copy that you make and/or distribute is subject to this
262 Agreement, and the same copyright and other proprietary
263 notices pertaining to this Software that appear in the
264 Software. If you download the Software from the Internet or
265 similar on-line source, you must include the Cydoor
266 copyright notice for the Software with any on-line
267 distribution and on any media you distribute that includes
268 the Software.
269
270 This License does not entitle you hard-copy documentation,
271 support or telephone assistance. Cydoor reserves the right
272 at any time not to release a commercial release of the
273 Software or, if released, to alter prices, features,
274 licensing terms, or other characteristics of the commercial
275 release.
276
277 3. Restrictions:
278
279 You may not permit other individuals to use the Software
280 except under the terms listed above. You may not copy the
281 Software other than as specified above. You agree not to
282 modify, adapt, translate, reverse engineer, decompile,
283 disassemble or otherwise attempt to discover the source code
284 of the Software (except and solely to the extent an
285 applicable statute expressly and specifically prohibits such
286 restrictions). You may not modify, rent, lease, resell for
287 profit, distribute or create derivative works based upon the
288 Cydoor Product or any part thereof. You may not grant a
289 security interest in, or otherwise transfer rights to the
290 Software. You may not remove any proprietary notices or
291 labels on the Software.
292
293 4. Disclaimer of Warranty:
294
295 The software is provided on an "as is" basis, without
296 warranty of any kind from Cydoor, express or implied,
297 including without limitation warranty of merchantability,
298 free of defects, fitness for a particular purpose and
299 non-infringement of third party rights. The entire risk as to
300 the quality and performance of the software is borne by you.
301 Should the software prove defective in any respect, you and
302 not Cydoor or its suppliers assume the entire cost of any
303 service and repair.
304
305 This disclaimer of warranty constitutes an essential part of
306 the agreement. No use of the software is authorized hereunder
307 except under this disclaimer.
308
309 In no event will Cydoor be liable to you for consequential,
310 incidental, special or exemplary damages arising out of a
311 breach of this agreement or warranty or your use of the
312 software, including but not limited to lost profits or loss
313 of business, even if Cydoor has been apprised of the
314 likelihood of such damages occurring.
315
316 Cydoor shall have no obligation to you with respect to any
317 claim of infringement based upon your use of the software in
318 combination, operation or otherwise with the data or
319 materials not supplied by Cydoor.
320
321 5. Downloading Additional Software:
322
323 In the event that your computer lacks software necessary for
324 the Software to operate, a message will automatically be sent
325 by the Software to Cydoor that additional software is needed.
326 Cydoor will then send you the additional software required
327 for operation of the Software. By accepting this Agreement,
328 you agree that the Software and any additional software
329 needed will be downloaded into your computer.
330
331 6. Termination:
332
333 This Agreement and the license granted hereunder will
334 terminate automatically if you fail to comply with the
335 limitations described herein. Upon termination, you must
336 destroy all copies of the Software and Documentation.
337
338 7. Privacy Act:
339
340 This Agreement is subject to the Israeli Privacy Act of 1981.
341 Cydoor shall neither attain nor use any of your identifying
342 characteristics. In addition, Cydoor will not obtain any
343 personal information that could identify you including your
344 name, picture or voice in order to match said personal
345 characteristics to the information in the registration form.
346 Nevertheless, by accepting this software, you hereby
347 authorize Cydoor to use the information in your
348 registration form when selecting advertisements for you.
349 Cydoor will use the information in the registration form
350 provided by you solely for the purpose of selecting which
351 commercials may, in Cydoor opinion, interest you most.
352
353 By downloading the Cydoor Product, you are confirming your
354 acceptance of the Software and agreeing to be bound by the
355 terms of this Agreement.
356
357 8. General:
358
359 This Agreement shall be governed by the laws of the State of
360 Israel. This Agreement contains the complete agreement
361 between the parties with respect to the license granted
362 hereunder and supercedes all prior or contemporaneous
363 agreements or understandings, whether oral or written.
364 This Agreement may be amended only by a writing signed by an
365 authorized officer of Cydoor.
366
367 This Agreement will not be governed by the United Nations
368 Convention on Contracts for the International Sale of Goods,
369 the application of which is expressly excluded. You agree
370 that the Software will not be shipped, transferred or
371 exported into any country or used in any manner, directly or
372 indirectly, prohibited by the United States Export
373 Administration Act or any other export laws, restrictions or
374 regulations.
375
376 If any provision of this Agreement is held to be void and
377 unenforceable, it will not affect the validity of the balance
378 of the Agreement. Such provision shall be reformed only to
379 the extent necessary to make it enforceable. This Agreement
380 shall be governed by Israeli law, excluding conflict of law
381 provisions (except to the extent applicable law, if any,
382 provides otherwise).
383
384 Manufacturer:
385 Cydoor Technologies, 22 Maskit St Hertzelia, Israel.
386 http://www.cydoor.com
387
388 Your acceptance of the foregoing agreement was indicated
389 during installation.

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