| 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.
|
Parent Directory
| 
Revision Log