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authorUlrich Müller <ulm@gentoo.org>2014-08-30 16:15:11 +0000
committerUlrich Müller <ulm@gentoo.org>2014-08-30 16:15:11 +0000
commitd7b8888ca22b6efbb1d1a13a2f96a02c55f408c5 (patch)
tree0de2114246a76be45651516f859095fa8a750f4f /licenses/Babylon
parentversion bump, bug 508632 by NathanZachary (diff)
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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 install 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 bundled
-software: SAVENOW by WhenU.com , and New.net client (the "Bundled Software").
-As part of this license agreement, you are required to browse to these links
-and to read the license agreement and privacy policy of every such Bundled
-Software, and to agree to the terms and conditions specified therein.
-SAVENOW license agreement: http://www.whenu.com/snlicence01.html
-WhenU.com privacy policy: http://www.whenu.com/privacy.html
-New.net terms of use: http://www.new.net/policies_software.tp
-New.net privacy policy: http://www.new.net/policies_privacy.tp
-
-The Cydoor software and the Bundled Software enable us to offer you this
-Babylon Trial Version software free of charge, and therefore you cannot
-install and use the Babylon Trial Version software without installing the
-Cydoor software and the required Bundled Software. Using the Babylon Trial
-software without the Cydoor software 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 the bottom of
-this document 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 ensure 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 Bundled Software may utilize certain user and
-user-submitted information. For more information about the functioning of
-the Cydoor software and the Bundled Software, and about the use of user and
-user-submitted information by the Cydoor software and the Bundled Software,
-see Cydoor's and the Bundled Software' Privacy Policy and End-User License
-Agreement, and Babylon's privacy policy.
-
-License Grant
-
-Babylon.com Ltd. hereby grants to you a non-exclusive, time limited to
-120 days only, 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, and against the payment of the license fee in the
-Babylon-Pro version of the Tool, so long as you comply with the terms and
-conditions of this License Agreement.
-Babylon Trial Version 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 Babylon's 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
-Glossary Service 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
-Babylon's 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 that 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 agree 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, Confidentiality, 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 USER ASSUMES
-THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE
-TOOL AND SERVERS.
-
-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
-rightsor 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
-
-
-
-
- APPENDIX A - Cydoor Technologies Ltd.
- =================================
-
-Since you're about to intall a Cydoor enabled application,
-you must read and accept the following -
-
-Cydoor Technologies Ltd. Software End User License Agreement
-
-By clicking on the "Yes" button, you are consenting to be
-bound by and are becoming a party to this agreement. If you
-do not agree to all of the terms of this agreement, click
-the "No" button.
-
-1. Definitions:
-
-(a) "Cydoor Software" means the software program covered by
- this Agreement, and all related updates supplied by
- Cydoor Technologies.
-
-(b) "Cydoor Product" means the Cydoor Software and any
- related documentation, models and multimedia content
- (such as animation, sound and graphics), and all related
- updates supplied by Cydoor Technologies Ltd (follows:
- "Cydoor").
-
-Upon acceptance of this agreement, Cydoor Technologies grants
-to you a non-exclusive license to use the Software, provided
-that you agree to the following:
-
-2. License Grant:
-
-You may install the Software on a hard disk or other storage
-device; install and use the Software on a file server for use
-on a network for the purposes of (i) permanent installation
-onto hard disks or other storage devices or (ii) use of the
-Software over such network; and make backup copies of the
-Software.
-
-You may make and distribute unlimited copies of the Software,
-excluding copies for commercial distribution, as long as each
-copy that you make and/or distribute is subject to this
-Agreement, and the same copyright and other proprietary
-notices pertaining to this Software that appear in the
-Software. If you download the Software from the Internet or
-similar on-line source, you must include the Cydoor
-copyright notice for the Software with any on-line
-distribution and on any media you distribute that includes
-the Software.
-
-This License does not entitle you hard-copy documentation,
-support or telephone assistance. Cydoor reserves the right
-at any time not to release a commercial release of the
-Software or, if released, to alter prices, features,
-licensing terms, or other characteristics of the commercial
-release.
-
-3. Restrictions:
-
-You may not permit other individuals to use the Software
-except under the terms listed above. You may not copy the
-Software other than as specified above. You agree not to
-modify, adapt, translate, reverse engineer, decompile,
-disassemble or otherwise attempt to discover the source code
-of the Software (except and solely to the extent an
-applicable statute expressly and specifically prohibits such
-restrictions). You may not modify, rent, lease, resell for
-profit, distribute or create derivative works based upon the
-Cydoor Product or any part thereof. You may not grant a
-security interest in, or otherwise transfer rights to the
-Software. You may not remove any proprietary notices or
-labels on the Software.
-
-4. Disclaimer of Warranty:
-
-The software is provided on an "as is" basis, without
-warranty of any kind from Cydoor, express or implied,
-including without limitation warranty of merchantability,
-free of defects, fitness for a particular purpose and
-non-infringement of third party rights. The entire risk as to
-the quality and performance of the software is borne by you.
-Should the software prove defective in any respect, you and
-not Cydoor or its suppliers assume the entire cost of any
-service and repair.
-
-This disclaimer of warranty constitutes an essential part of
-the agreement. No use of the software is authorized hereunder
-except under this disclaimer.
-
-In no event will Cydoor be liable to you for consequential,
-incidental, special or exemplary damages arising out of a
-breach of this agreement or warranty or your use of the
-software, including but not limited to lost profits or loss
-of business, even if Cydoor has been apprised of the
-likelihood of such damages occurring.
-
-Cydoor shall have no obligation to you with respect to any
-claim of infringement based upon your use of the software in
-combination, operation or otherwise with the data or
-materials not supplied by Cydoor.
-
-5. Downloading Additional Software:
-
-In the event that your computer lacks software necessary for
-the Software to operate, a message will automatically be sent
-by the Software to Cydoor that additional software is needed.
-Cydoor will then send you the additional software required
-for operation of the Software. By accepting this Agreement,
-you agree that the Software and any additional software
-needed will be downloaded into your computer.
-
-6. Termination:
-
-This Agreement and the license granted hereunder will
-terminate automatically if you fail to comply with the
-limitations described herein. Upon termination, you must
-destroy all copies of the Software and Documentation.
-
-7. Privacy Act:
-
-This Agreement is subject to the Israeli Privacy Act of 1981.
-Cydoor shall neither attain nor use any of your identifying
-characteristics. In addition, Cydoor will not obtain any
-personal information that could identify you including your
-name, picture or voice in order to match said personal
-characteristics to the information in the registration form.
-Nevertheless, by accepting this software, you hereby
-authorize Cydoor to use the information in your
-registration form when selecting advertisements for you.
-Cydoor will use the information in the registration form
-provided by you solely for the purpose of selecting which
-commercials may, in Cydoor opinion, interest you most.
-
-By downloading the Cydoor Product, you are confirming your
-acceptance of the Software and agreeing to be bound by the
-terms of this Agreement.
-
-8. General:
-
-This Agreement shall be governed by the laws of the State of
-Israel. This Agreement contains the complete agreement
-between the parties with respect to the license granted
-hereunder and supercedes all prior or contemporaneous
-agreements or understandings, whether oral or written.
-This Agreement may be amended only by a writing signed by an
-authorized officer of Cydoor.
-
-This Agreement will not be governed by the United Nations
-Convention on Contracts for the International Sale of Goods,
-the application of which is expressly excluded. You agree
-that the Software will not be shipped, transferred or
-exported into any country or used in any manner, directly or
-indirectly, prohibited by the United States Export
-Administration Act or any other export laws, restrictions or
-regulations.
-
-If any provision of this Agreement is held to be void and
-unenforceable, it will not affect the validity of the balance
-of the Agreement. Such provision shall be reformed only to
-the extent necessary to make it enforceable. This Agreement
-shall be governed by Israeli law, excluding conflict of law
-provisions (except to the extent applicable law, if any,
-provides otherwise).
-
-Manufacturer:
- Cydoor Technologies, 22 Maskit St Hertzelia, Israel.
- http://www.cydoor.com
-
-Your acceptance of the foregoing agreement was indicated
-during installation.