Babylon Terms of Use
Babylon Website
BY ENTERING OR USING THE BABYLON.COM WEBSITE (THE ''WEBSITE''), YOU (THE ''USER'') ARE CONSENTING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE SUBJECT TO ALL OF THESE TERMS OF USE, YOU ARE ADVISED NOT TO ENTER OR USE THE WEBSITE OR THE BABYLON SERVICES AVAILABLE ON THIS WEBSITE (COLLECTIVELY, THE ''SERVICES'').
1. User Information
You certify to Babylon Ltd (''Babylon'' or ''We'') that you are not a minor, i.e. that you are at least eighteen (18) years of age; provided, however, that a minor's parent or legal guardian may authorize a minor to use his/her password under supervision of the parent or guardian.
2. Appropriateness of Information
The information or data provided by and through the Service may include objectionable or inappropriate material. By entering the Website or using the Service you undertake full responsibility for determining whether the information complies with your needs or sensitivities.
3. Availability
Babylon does not warrant that the Service will be available 24-hours per day, 7-days per week. We do not warrant that the Service will be provided properly or completely. If your access to the Service is suspended or interrupted or a fault or defect occurs which prevents your access to the Service, Babylon will attempt to restore access to the Service (to the extent determined solely by Babylon in its discretion). Babylon will have no liability to you for the unavailability of the Service. In addition, Babylon reserves the right, in its sole discretion, at any time and without prior notice, to refuse Service access to any individual, company, network, institution or other entity in violation of these Terms of Use, or to cease providing the Service in whole or in part.
4. Proprietary Rights to Information and Data
The information and data provided by or through the Service is protected by international copyright laws of Babylon, its third party providers, or any other User that posts information on the Website. The User acknowledges that such information and data may contain other proprietary information and material, and the User will respect all such proprietary rights and take such precautions as may be reasonably necessary to protect private, confidential and other proprietary information and material from unauthorized use.
5. Trademarks.
Babylon's logos and product and service names are trademarks or service marks of Babylon (collectively, ''Marks'') or any of its affiliates. The User agrees not to display or use, in any manner, any of Babylon's Marks or copyrighted material without Babylon's prior written consent. Third party trademarks, service marks, logos and trade names appearing on any of the websites which are part of the Service are the property of their respective owners.
6. Prohibited Uses
You expressly agree not to use the Service in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You acknowledge that prohibited conduct includes, but is not limited to, use of the Service to invade the privacy of third parties, transmitting or uploading abusive, profane, libelous, slanderous, threatening or otherwise harassing material via the Service, transmitting or uploading any viruses, worms, ''Trojan Horses'' or other similar materials onto the Service or the Website, or reproducing, sending or distributing to or through the Service any material protected by copyright, privacy or other proprietary right without first obtaining the written permission of the owner thereof. You expressly agree not to damage, alter or modify the Service or any content thereof.
7. General Copying Restrictions
YOU MAY:
a. Use the Product as licensed as follows: RETAIL use: by a single workstation only (one license per one workstation); CORPORATE use: according to the number of workstations paid for to Babylon Ltd. The Product is delivered in a manner to provide for the use by a single workstation. This does not include use on a computer network. Working with Babylon on a network requires a separate license (Babylon Server License). You may not use the Product for more than one workstation unless you paid to Babylon Ltd the appropriate license fee; in the event there is more than one single workstation using the Product, then you must pay a license fee for each additional workstation. In the event that you have any questions regarding the number of users permitted you should immediately contact Babylon Ltd.
b. Copy the Product for backup purposes as appropriate.
c. Transfer the Product and entire license permanently to another person if that person agrees to accept all of the terms and conditions of this Agreement. If you transfer the Product you must at the same time either transfer all copies of the Product to the same person, or destroy any copies not transferred.
d. Terminate this license by destroying the original and all copies of the Product in whatever form.
8. Monitoring of the Service
Babylon may, in its discretion, monitor the Service and the use thereof by the User to determine compliance with these Terms of Use and to avoid, to the extent practicable, fraudulent, unlawful or abusive use of the Service, subject at all times to the disclaimers described in Section 10 below. Babylon may also intercept and disclose any content, record, use, data or information, to the extent necessary to protect Babylon's rights and fulfill its obligations (to the extent applicable), including without limitation, for mechanical or service quality control or to comply with any law, regulation, or governmental request, all as determined by Babylon and as permitted by applicable law. Babylon may also, in its discretion, review, edit, refuse to post or remove any material or information submitted or transmitted to the Service. Notwithstanding the foregoing, Babylon makes no commitment or promise, and is under no obligation under these Terms of Use, to monitor, review, screen, edit or otherwise control any information or material contributed by any third party.
9. Third Party Vendors
The User may order or use services or merchandise through the Service from third parties not affiliated with Babylon (''Third Party Vendors''). All matters concerning such services and merchandise desired from Third Party Vendors, including but not limited to purchase terms, payment terms, warranties, guarantees, license terms, maintenance and delivery, are solely between the Third Party Vendors and the User. Babylon makes no warranties or representations whatsoever with regard to any such services or merchandise provided by Third Party Vendors. The User will not consider Babylon, nor will Babylon be construed, as a party to, or a third party beneficiary of, such transactions, whether or not Babylon may have received revenue or other remuneration in connection with the transaction. Babylon will not be liable to the User for any costs or damages incurred by the User or any other person with respect to or arising out of transactions with Third Party Vendors. Please note that, foreign exchange rates are supplied under license by XE.com Currency Tools.
10. Links
Babylon is not responsible for the content on the Internet or World Wide Web pages that are contained outside the Service. As a convenience to our members, Babylon provides links to many resources. Babylon makes no representations as to the quality, suitability, functionality or legality of any sites to which Babylon may provide links, and the User hereby waives any claim the User may have against Babylon with respect to such sites.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM - EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE - INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE SERVICE IS GIVEN OR ASSUMED BY BABYLON. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. BABYLON MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT ANY INFORMATION OR DATA RECEIVED ON OR THROUGH THE SERVICE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES. BABYLON MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE INFORMATION DELIVERED OR RECEIVED ON OR THROUGH THE SERVICE FOR ANY PURPOSE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. BABYLON DOES NOT WARRANT OR GUARANTEE THAT THE INFORMATION RECEIVED ON OR THROUGH THE SERVICE WILL NOT CONTAIN ADULT-ORIENTED MATERIAL, OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE OR INAPPROPRIATE. THE INFORMATION AND DATA DELIVERED BY OR RECEIVED FROM USERS ON OR THROUGH THE SERVICE IS NOT REVIEWED, CONTROLLED OR EXAMINED BY BABYLON BEFORE IT APPEARS ON THE WEBSITE. BABYLON DOES NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENTS OF ANY SUCH INFORMATION OR DATA. USERS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF INFORMATION RECEIVED FROM THE SITE AND MAY BE HELD LEGALLY LIABLE OR ACCOUNTABLE FOR THE USE OR MISUSE THEREOF (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS).
12. LIMITATION OF LIABILITY
IN NO EVENT WILL BABYLON BE LIABLE TO ANY USER OF THE SERVICES OR OTHER PARTY AFFECTED BY THE SERVICE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, 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, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE SERVICE, EVEN IF BABYLON WILL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU.
13. Disclosures of Your Information
Babylon does not give, sell, rent, share, or trade any identifiable personal information regarding our Users to any third party, with the exception of third-party contractors and service providers who work with Babylon to provide the Service and who are strictly prohibited from later use of the information to which they may have access. Babylon may share non-personal aggregate or summary information regarding its Users with partners or other third parties. We can - and you authorize us to - disclose personal information to local, state, or federal law enforcement officials when required to do so by public authorities or when we believe in good faith that the law requires such disclosure. Please read Babylon's Privacy Policy, available here, for a detailed description of Babylon's privacy policy.
You acknowledge and agree that Babylon may process information gathered from different Users visiting the Website or using or downloading material from the Service for the purpose of building a profile of User interests and activities. Based on this profile, Babylon may send you advertisements, offers and content, and provide you with the full benefits of the Service. As we aggregate this type of information about all of our members, we offer aggregated summaries to our advertisers and other interested parties so that they can learn what products and services are most popular to consumers.
European Union Users understand and consent to the processing of personal information in United States.
14. Term & Termination
These Terms of Use are effective upon the User's entering or using the Website or Service and remain in effect unless changed by Babylon. Babylon may, at any time, terminate this Agreement and/or terminate the User's access to any part or all of the Service without any advance notice. Termination of these Terms and Conditions by Babylon will be effective on the day that Babylon gives notice of such termination to the User. Babylon will be entitled to change or discontinue any or all of the Service and/or any pricing (if any) relating to the Service at any time, or to modify these Terms and Conditions at any time.
15. Indemnity
At Babylon's request, the User agrees to defend, indemnify and to hold harmless Babylon, its licensors, officers, directors and employees from any losses, claims and liabilities (including attorney's fees) which may arise from your use of the Service and/or material obtained from or through any Service provided on the Website, or from your breach of these rules. You further agree that Babylon is not responsible, and shall have no liability to you, for any material posted by others, including defamatory, offensive, or illicit material, and that the risk of damage from such material rests entirely with you. Furthermore, Babylon is not responsible for claims arising from the User's use of the Service or the User's breach of this Agreement, including, without limitation, claims of copyright infringement, patent infringement, misappropriation of trade secrets, libel, slander, trade libel, defamation, harassment, invasion of privacy or fraud.
16. Notices
Notices to the User may be made via either email or regular mail. Babylon may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices generally through the Website.
17. Receipt of Updates and Commercial Material
You agree to receive Babylon's updated dictionaries, encyclopedias, commercial offers, advertisement material and news, and realize that your consent to do so is essential to our consent to grant you the license.
18. General
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to the principles of conflict of laws. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. This Agreement shall not be released, discharged, changed or modified in any manner, except by instruments signed by duly authorized officers or representatives of each of the parties thereto.
19. Other Babylon Legal documents
In addition to these Terms of Use, it is important that you read Babylon's Privacy Policy, which is available here.
Babylon Software
Babylon Translation Software License Agreement
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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.
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PLEASE READ CAREFULLY: this license agreement includes the terms and conditions of use for Babylon 9 ("Babylon 9"). Babylon 9 may be licensed under different configurations: (a) paid version, or free trial version, (b) retail or corporate use, (c) limited period of use of one year or an unlimited period or for a trial period (d) Browser plug-in version. Generally, all provisions herein apply to all configurations but where specifically stated certain parts will apply only to specific configurations (e.g. trial version). YOUR APPLICABLE CONFIGURATION SHALL BE DETERMINED ACCORDING TO THE PRODUCT BABYLON AGREED TO PROVIDE TO YOU AND IN THE CASE OF THE PAID VERSION- SUBJECT TO THE PAYMENT THEREFOR.
BABYLON LTD. LICENSE AGREEMENT
Carefully read all the terms and conditions of this Product License Agreement prior to installing this software. If you do not agree to these terms and conditions, you may not install this software, please do not commence the installation process and destroy any file relating to the software in your possessions and your money will be refunded. No refunds will be given for Products which have already been installed. Only if you accept each of the terms below should you install this software.
For the purposes of this Agreement the word "Product" includes all software, diskettes and any other media and documentation supplied by Babylon Ltd. (referred to as "Babylon") as part of this software. Where provided by Babylon Ltd. including the Babylon Box (as such term is defined below) pursuant to this Agreement, only the original Licensee will be entitled to updates, developments and deployments, if at all, as specified herein.
LICENSES
Babylon 9, paid version, corporate/retail: In consideration of the payment by you of the fee in relation to the Product, Babylon Ltd grants to you a non-transferable, non-exclusive license to use the Product. Babylon Ltd. also offers you the opportunity to purchase Babylon 9 in a box (the "Babylon Box").
The use of the Product is subject to the following conditions:
Babylon 9, free trial version, corporate/retail:
Babylon Ltd grants to you a non-transferable, non-exclusive revocable license to use the Product subject to the following conditions:
Babylon 9, limited version, retail only: Babylon Ltd grants to you a non-transferable, non-exclusive revocable license to use the Product for personal use subject to the following conditions:
Note: you may verify your class of license in your Product at : Menu>Help>About Babylon.
GENERAL COPYING RESTRICTIONS
YOU MAY:
a. Use the Product as licensed as follows: RETAIL use: by a single workstation only (one license per one workstation); CORPORATE use: according to the number of workstations paid for to Babylon Ltd. The Product is delivered in a manner to provide for the use by a single workstation. This does not include use on a computer network. Working with Babylon 9 on a network requires a separate license (Babylon Server License). You may not use the Product for more than one workstation unless you paid to Babylon Ltd the appropriate license fee; in the event there is more than one single workstation using the Product, then you must pay a license fee for each additional workstation. In the event that you have any questions regarding the number of users permitted you should immediately contact Babylon Ltd.
b. Copy the Product for backup purposes as appropriate.
c. Transfer the Product and entire license permanently to another person if that person agrees to accept all of the terms and conditions of this Agreement. If you transfer the Product you must at the same time either transfer all copies of the Product to the same person, or destroy any copies not transferred.
d. Terminate this license by destroying the original and all copies of the Product in whatever form.
YOU MAY NOT:
a. Loan, rent, lease, give, sub-license or otherwise transfer the Product (or any copy) in whole or in part, to any other person, except as noted in paragraph c (Transfer) above.
b. Copy or translate the User Manual, training materials or any other documentation included with the Product.
c. Copy, alter, translate, decompile or reverse engineer the Product, including but not limited to, modify the Product to make it operate on non-compatible hardware or software.
d. Remove, alter or cause not to be displayed, any trademarks, copyright notices or start-up messages contained in the programs and/or documentation.
THIS LICENSE WILL TERMINATE AUTOMATICALLY if you fail to comply with the terms and conditions set forth above.
IMPORTANT NOTE: For the removal of doubt, Babylon Ltd may send to Licensees hard disk, from time to time, instructions, such as pings and other commands, which allow Babylon Ltd to terminate the use or operation of the Product. In addition, Babylon Ltd may use cookies during the purchase process and the use of the Product by You.
Babylon Ltd. may also offer you, from time to time, by e-mail or any other means of communication, the services of Babylon Ltd.'s partners.
The use of the Product is subject to the privacy policy of Babylon Ltd as specified at < http://www.babylon.com/display.php?id=62&tree=145&level=2 >.
BACK-UP CD
Babylon offers End Users who have purchased Babylon 9 the opportunity to order a backup CD of the Product (the Backup CD) to be sent to them.
Babylon makes no representations or warranties of any kind whatsoever with respect to the operation, performance, or use of any Backup CD. Backup CDs are provided by Babylon on an AS IS, WHERE IS, WITH ALL DEFECTS basis. BABYLON HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES WITH RESPECT TO BACKUP CDS, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
General Disclaimer:
THE BABYLON WEBSITE, THE SERVICES, AND ANY OTHER MATERIALS PROVIDED BY BABYLON OR THIRD PARTIES ARE PROVIDED "AS IS." BABYLON MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OF THE SITE OR SERVICES, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING, WITHOUT LIMITATION, THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY OF THE CONTENT, MATERIALS, TRANSLATIONS OR SERVICES PROVIDED THROUGH THE SITE.
BABYLON SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE, OR ANY LOSS INCURRED IN CONNECTION WITH YOUR USE OF THE SITE OR, OR ANY DAMAGE OR LOSS DUE TO INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE, OR DELIVERY OF TRANSLATIONS, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF BABYLON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
UNLESS YOU CHOOSE OTHERWISE, DURING THE Babylon 9 INSTALLATION PROCESS, THE BABYLON TOOLBAR AND SEARCH HOME PAGE SHALL BE INSTALLED ON YOUR COMPUTER.
ADDITIONAL TERMS AND RESTRICTIONS OF USE FOR THE BABYLON TRIAL VERSION (CORPORATE/RETAIL)
Babylon Ltd 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 Product;
(iii) create different priorities or grades for different users;
(iv) introduce new features that may cause functionality change in earlier versions;
(v)Terminate the Text Translation services
(vi) condition the continuation of the License on your accepting Product improvements, corrections, adaptations, or changes, or accepting revised or new terms of License, as will be made available on or through the Babylon Ltd website, Babylon Ltd shall notify its users through the Product, by e-mail or through the Babylon Ltd website of changes in this License agreement.
The latest trial version of the Product may be distributed freely on online services, bulletin boards, or other electronic media as long as the files are distributed in their entirety only by providing a link to files residing on Babylon Ltds servers. This Product may not be distributed on CD-ROM, disk, or other physical media for a fee or otherwise without the prior permission of Babylon Ltd .
ADDITIONAL TERMS AND RESTRICTIONS OF USE FOR THE BABYLON LIMITED VERSION (RETAIL ONLY)
Babylon Ltd 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 Product;
(iii) create different priorities or grades for different users;
(iv) introduce new features that may cause functionality change in earlier versions;
(v)Terminate the Text Translation services
(vi) condition the continuation of the License on your accepting Product improvements, corrections, adaptations, or changes, or accepting revised or new terms of License, as will be made available on or through the Babylon Ltd website.
The latest trial version of the Product may be distributed freely on online services, bulletin boards, or other electronic media as long as the files are distributed in their entirety only by providing a link to files residing on Babylon Ltds servers. This Product may not be distributed on CD-ROM, disk, or other physical media for a fee or otherwise without the prior permission of Babylon Ltd.
The limited version may be used for personal use only and may not be used for commercial purposes and by a corporate or a commercial entity.
PROPRIETARY RIGHTS OF BABYLON LTD
The Babylon Ltd logo, Product name, Product manuals, training materials, documentation and other support materials are either patented, copyrighted, trademarked or owned by Babylon Ltd as trade secrets and/or proprietary information. Babylon Ltd retains exclusive ownership of the Babylon Ltd Product, of the Babylon Ltd printed materials and of the Babylon Ltd trademarks. All techniques, algorithms and processes contained in Babylon Ltd's Product or any modification or extraction thereof constitute trade secrets and/or proprietary information of Babylon Ltd and will be protected by this Agreement.
LIMITED WARRANTY FOR PAID CONFIGURATION ONLY:
a. The magnetic media, if the software is provided with such media, and documentation enclosed herein are warranted to be free of defects in materials and workmanship under normal use for a period of 60 (sixty) days from the date of purchase. In the event of notification, within the warranty period, of defects in materials or workmanship, your sole and exclusive remedy and Babylon Ltd's sole and exclusive obligation is to replace the defective magnetic medium or documentation at no cost to you.
b. The Product will perform substantially in accordance with its enclosed documentation, if any, for a period of 60 (sixty) days from the date of purchase. In the event of notification, within the warranty period, of a failure of the Product to perform in accordance with such documentation, your sole and exclusive remedy and/or Babylon Ltd's or any Babylon Ltd Product distributor's or dealer's sole and exclusive obligation shall be, at Babylon Ltd's option either (i) to replace the Product or the documentation so that the Product will perform substantially in accordance with the documentation, or (ii) to refund to you the amount paid by you for the copies of the Product that you purchased.
Refund Policy for Private Users
A refund will be granted only after a detailed request has been submitted to Babylon within 14 days of payment, and at Babylon’s full discretion
All refunds are subject to a handling fee of 5 Euro / USD.
No refunds will be granted for monthly subscriptions.
A monthly subscription may be cancelled, meaning no automatic renewals shall be made from the date of request.
TRIAL VERSION DISCLAIMER: NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE Babylon 9 FREE TRIAL VERSION IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
c. EXCEPT AS SPECIFIED IN THIS PARAGRAPH THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE PROGRAMS, DOCUMENTATION AND OTHER FILES ON THE MEDIA ARE PROVIDED "AS IS". (Some states do not allow the exclusion of implied warranties so the above exclusion may not apply to you).
d. THESE ARE YOUR SOLE AND EXCLUSIVE REMEDIES for any and all claims that you may have against Babylon Ltd or any distributor or dealer of Babylon Ltd Product(s) arising out of or in connection with the Product, whether made or suffered by you or another person and whether based in contract or tort.
e. IN NO EVENT WILL BABYLON, OR ANY DISTRIBUTOR OR DEALER OF BABYLON PRODUCT(S), BE LIABLE TO YOU FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF A BREACH OF THIS WARRANTY OR YOUR USE OF THE PRODUCT(S), INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS, EVEN IF BABYLON, OR ITS DISTRIBUTOR OR DEALER, HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. (Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you).
Under no circumstances will Babylon Ltd's total liability to you of all kinds arising out of or related to this license Agreement (including but not limited to any warranty claims hereunder), regardless of the form, and regardless of whether any action or claim is based in contract, tort or otherwise, exceed the total purchase price paid by you for the right to use a single copy of the Product(s). Babylon Ltd's Product's pricing reflects the allocation of risk and the limitation on liability contained in this Limited Warranty.
f. Because it is impossible for Babylon Ltd or the distributors or dealers of Babylon Ltd Product(s) to know the purposes for which you acquired this Product or the uses to which you will put this Product, you assume full responsibility for the selection of the Product, and for its installation and use and the results of that use.
g. While every reasonable effort has been made to ensure that you will receive a Product that you can use and enjoy, neither Babylon Ltd nor the distributors and dealers of Babylon Ltd Product(s) warrant that the functions of the Product will meet your requirements or that the operation of the Product will be uninterrupted or error-free. Due to the complex nature of computer programs, the Product in this package (like all large programs) will probably never be completely error-free.
h. This Limited Warranty does not cover any magnetic medium, if exists, which has been the subject of abuse or damage, nor does it cover any Product, which has been altered or changed by anyone other than Babylon Ltd.
i. Neither Babylon Ltd nor the distributors and dealers of Babylon Ltd Product(s) are responsible for problems caused by changes in the operating characteristics of the hardware or operating system software you are using which are made after the release date of this version of the Product, nor for problems in the interaction of the Product with any other software.
j. No action for breach of warranty may be commenced more than 1 (one) year following the expiration date of the above Limited Warranty.
SUPPORT
Babylon Ltd may from time to time revise or update its Products. Such updates and revisions may be supplied separately for a fee according to Babylon Ltd's then prevailing update prices, policies, terms and conditions. Babylon Ltd is not obligated to make any Product revisions or to supply them. Babylon Ltd may from time to time offer special support programs. Licensee may purchase support and maintenance from Babylon Ltd according to the then prevailing Babylon Ltd rates, terms and conditions.
In order to receive information about such revisions and/or updates and/or special support plans, you must complete the enclosed registration card and return it to Babylon Ltd.
Any additions or changes to the Product shall be governed by this Agreement, and may be governed by additional terms and conditions supplied with such addition or change.
TERM OF LICENSE
FOR THE ONE YEAR LIMITED LICENSE: This license shall be valid for one year from the purchase date of the Product and shall automatically terminate at the end of such term year, unless earlier terminated as provided for herein. FOR THE TRIAL VERSION: This license shall be valid for 30 days unless earlier terminated as provided for herein. Licensee may terminate this License by destroying the programs and documentation and all copies thereof. If any of the terms and conditions of the Agreement are violated by the Licensee, in addition to all other legal rights and remedies, Babylon Ltd may terminate this license. Upon termination, Licensee shall destroy the Product. The provisions of this license, which protect the proprietary rights of Babylon Ltd, shall remain in force after the termination of this Agreement.
SOFTWARE PRE-REQUISITS
You acknowledge that the use of the Product may require one or more compatible devices, Internet access, and certain software, and may require obtaining updates or upgrades from time to time. Because use of the Product involves hardware, software, and Internet access, your ability to use the Product may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
You acknowledge that the functionality of the Babylon Spell-Check requires that the Microsoft Internet Explorer© and the correct language dictionary be installed on your computer.
AUTO-COMPLETION
The Product's Automatic text completion ("Auto-Completion") feature enabling the text you type to be completed automatically requires that the right language dictionary be installed on your computer.
ACKNOWLEDGMENT
Licensee acknowledges reading this Agreement, understanding it, and agrees to be bound by its terms and conditions. Licensee also agrees that this Agreement is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, verbal or written, and any other communications between the parties relating to the subject matter of this Agreement.
GOVERNING LAW AND FORUM SELECTION
The validity of this Agreement and the rights, obligations and relations of the parties shall be construed and determined in accordance with the laws of the State of Israel.
You acknowledge that any action or suit brought to enforce any right or remedy of this Agreement shall be subject to the exclusive jurisdiction and venue of the State of Israel.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Product and any accompanying documentation are provided with restricted rights. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (b) (3) and (c) (1) (ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227 - 19, as applicable. Contractor/manufacturer is Babylon Ltd Ltd., 10 Ha'ta'asiya St., Or-Yehuda, Israel.
TERMS OF USE OF BABYLON LTD GLOSSARIES AND OTHER THIRD PARTY MATERIAL
The Product enables you to use, and Babylon Ltd may make available to you, certain third party materials in the form of glossaries full text translation or otherwise (Third Party Material). Such Third Party Material is generally not copyrighted by Babylon Ltd, and is the property and responsibility of its respective owners.
The use of such Third Party Material may be subject to further use restrictions as may be attached to it, including additional charges, and by using the Third Party Material you agree to be bound by such additional restrictions. The use of Third Party Material is subject to you having a valid license for the Product. In view of possible copyright restrictions, the terms of this license shall apply, mutates mutandis, to the benefit of Babylon, to your use of the Third Party Material, as if such Third Party Material was a trial version product as referred to herein.
THE BABYLON WEBSITE, THE SERVICES, AND ANY OTHER MATERIALS PROVIDED BY BABYLON OR THIRD PARTIES ARE PROVIDED "AS IS." BABYLON MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OF THE SITE OR SERVICES, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING, WITHOUT LIMITATION, THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY OF THE CONTENT, MATERIALS, TRANSLATIONS OR SERVICES PROVIDED THROUGH THE SITE.
BABYLON SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE, OR ANY LOSS INCURRED IN CONNECTION WITH YOUR USE OF THE SITE, OR ANY DAMAGE OR LOSS DUE TO INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE, OR DELIVERY OF TRANSLATIONS, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF BABYLON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
ADDITIONAL TERMS AND RESTRICTIONS
The Services offered are Automatic Translation Services ("Service/Text Service") in which translation is conducted by software and technologies available on the website, without any human intervention.
You may not, without express written permission from Babylon Ltd, mirror the pages available on the website or any results pages thereof on your website or on any device that allows Internet access, including, without limitation, Personal Digital Assistants (PDA's) or mobile phones.
You understand that Babylon does not review the Source Material(s) translated through the Service.
You represent that you have all right, title and interest in and to the source materials sent to the Translation Service. By submitting source materials you hereby grant to Babylon and its third party providers, a non-exclusive license to reproduce, modify, adapt, translate, transmit, create derivative works from and otherwise use the source materials solely in the course of performing and to the extent necessary to perform the Text Service.
You assume sole and exclusive responsibility for use of the Service. By way of illustration only, and in no way limiting of the foregoing, Babylon is not responsible for any defects and/or risks that exist in the Service, or any resulting loss or problems associated with any such defects or risks. Such defects and/or risks include, without limitation, the risk of loss of Source Material(s) sent over the Internet, the lack of confidentiality of material sent over the Internet, and the inaccuracy of translation rendered by the Service.
Babylon will not provide assistance, including any technical or customer support, in the use of the Service, and your use of the Service is at your own risk.
The Service is provided "AS IS", and your use of the Service is at your own risk. By way of illustration only, and in no way limiting the foregoing, Babylon and the provider of the Service are not responsible for any defects and/or risks that exist in the Service or any resulting loss or problems associated with any such defects or risks. Such defects and/or risks could include, without limitation, the risk of loss of source material(s) sent over the Internet, the lack of confidentiality of material sent over the Internet, and the inaccuracy of translations rendered by the Service.
Babylon specifically disclaims all warranties express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
in no event shall Babylon or the provider of the service be liable for any indirect, special, incidental or consequential damages, including but not limited to loss of profits, arising from the use or failure of the service
You acknowledge and agree that all applicable copyrights, trade secrets, patents and other intellectual and property rights in the Service are and shall remain in its provider. All screen formats, information, communications, software, photos, text, video, graphics, music, sounds, images, methodologies, innovations, know-how, databases and other material and services contained in the website of the Services provider, are and shall remain the sole and exclusive property of the provider or its licensors and shall not be sold, revealed, disclosed or otherwise communicated, directly or indirectly, by you to any person, company or institution whatsoever.
I agree receiving an electronic invoice as per the completion of the purchase process of Babylon software
Suspension
Babylon reserves the right in its sole discretion to refuse to provide the Services at any time.
You agree that Babylon may suspend or deny further access to the Site or the Services for any reason whatsoever, or for no reason at all, including, without limitation, violation of these Terms and Conditions. You are not entitled to a credit or refund for loss of access during the suspension period.
Cookies
The Product uses an anonymous cookie to enable the provision of relevant services to Babylon Ltd.'s users. You are not required to accept cookies, and you may disable cookies at any time. However disabling the cookie may impair the ability to provide you with part of to the services that may be available to you.
Babylon Ltd. strives to provide you with relevant translation and information for the terms and phrases you wish to translate or learn more about; however Babylon Ltd. cannot guarantee that translation and information will be provided for each and every term or phrase you wish to translate or learn more about. Babylon Ltd. intends to continue and improve its services including analysis of terms, phrases, and paragraphs that have not been provided with relevant translation and information, in order to learn what improvement and enhancement are required to make the service better.
Sensitive information
As the terms, phrases and the paragraph of the clicked term/phrase are anonymously submitted to Babylon Ltd.'s servers to look up for translation and relevant results, you are required to make sure that the terms, phrases or the paragraphs of the clicked term/phrase you either click on or type into the relevant combo box, will NOT contain any personal, confidential, secret, or proprietary information from any type whatsoever.
BABYLON LTD. EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO THE PRODUCT, OR ANY OTHER INFORMATION OR SERVICE PROVIDED BY BABYLON LTD., OR ANY THIRD PARTY THROUGH THE PRODUCT. THE PRODUCT IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
YOU HEREBY ACKNOWLEDGE THAT SOME FUNCTIONS OF THE PRODUCT MAY NOT BE FULLY FUNCTIONABLE, OR MAY NOT FUNCTION AT ALL, DUE TO YOUR PERSONAL COMPUTER SYSTEM CONFIGURATION OR MAY BE DISABLED OR FORBIDDEN FOR USE DUE TO LEGAL REQUIREMENTS APPLICABLE IN YOUR JURISDICTION.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT SHALL BE BORNE BY YOU. THE PRODUCT IS NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY ENVIRONMENT WHICH REQUIRES THIS. YOU HEREBY EXPRESSLY AGREE NOT TO USE OR RELY ON THE PRODUCT FOR ANY APPLICATIONS THAT MAY RESULT IN ANY DAMAGE IF FAILED OR ANY OTHER MISSION CRITICAL APPLICATIONS, OR FOR HANDLING SENSITIVE, PRIVATE, OR CONFIDENTIAL INFORMATION OF ANY SORT.
BABYLON LTD. DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS PERFORMED BY THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ANY INFORMATION, DATA, COMPUTER PROGRAM, CONTENT, ADVERTISEMENT AND OTHER MATERIALS RECEIVED ON OR THROUGH THE PRODUCT WILL BE FREE OF ANY VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER DESTRUCTIVE PROPERTIES, AND WILL NOT CONTAIN ANY OBJECTIONABLE MATERIALS OR DEEMED OBJECTIONABLE BY SOME INDIVIDUALS.
Limitation of Liability
IN NO EVENT WILL BABYLON LTD. BE LIABLE FOR ANY 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, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE PRODUCT, EVEN IF BABYLON IS ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
Babylon Toolbar
END USER LICENSE AGREEMENT / TERMS OF SERVICE / AND PRIVACY POLICY IMPORTANT - PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. THIS AGREEMENT SHALL GOVERN YOUR USE OF BABYLON SOFTWARE, SERVICE AND SITE, IF, AFTER READING THIS AGREEMENT, YOU WISH TO USE THE BABYLON SOFTWARE, WEBSITE AND ITS FEATURES AS DESCRIBE LATER.
This combined End User License Agreement / Terms / and Privacy policy (The "Agreement") constitutes a valid and binding agreement between Babylon LTD which governs the use of the Babylon Website, Software and its features and you, for the use of the Babylon Toolbar, Content and Services as defined below. You must enter into this agreement in order to install and use the Babylon Toolbar.
1. Features:
This combined End User License Agreement / Terms / and Privacy policy (The "Agreement") constitutes a valid and binding agreement between Babylon LTD which governs the use of the Babylon Website, Software and its features and you, for the use of the Babylon Toolbar, Content and Services as defined below. You must enter into this agreement in order to install and use the Babylon Toolbar. When you download the Babylon Software, you will receive the following software features:
1.1 Babylon Toolbar Platform
Babylon Toolbar provides a desktop applications platform which allows publishers to develop, maintain and publish their own applications or software (“Third Party Software”). Third Party Software is a software application including any content, links or materials that are made available to you by the publisher via the Software. Such Third Party Software may be specifically customized by a publisher and may include the publisher's branding or other content owned or licensed to the publisher.
1.2 Your use of any Third Party Software is subject to any terms and conditions provided with such Third Party Software and are not governed by this EULA.
1.3 Babylon Toolbar does not have any obligation to test Third Party Software and is not responsible for the appropriateness, completeness, stability or legality of any Third Party Software and you hereby waive any legal or equitable rights you have or may have against Babylon Toolbar with respect thereto.
1.4 As part of the installation process of the Software, publisher may offer changes to your Internet Browser settings. These changes if approved by you can be reconfigured by you at any time from the options dialog available on your Internet Browser. Such changes may include the following:
1.4.1 The homepage of your Internet Browser
1.4.2 The default search engine in your Internet Browser's built-in search box
1.4.3 The page displayed when opening a new tab
1.5 Uninstall
To uninstall the Software, you may use the standard uninstall procedures offered by your computer's Operating System or your Internet Browser.
1.5.1 Uninstall from Internet Explorer – from Windows "Add/Remove Programs" dialog, find the Software in the list of installed applications and click on it, and then click on the "Uninstall" button.
1.5.2 Uninstall from Firefox – from the "Extensions" menu, find the Software in the list of installed extensions and click on it, the click on the "Uninstall" button.
1.6 Third Party Code; Notice and Attribution. The Babylon Toolbar includes third party software subject to open source license terms, including, without limitation, the following applications: Compression Algorithm, PCRE, Firefox Plug-in Modules, and NSIS Toolkit and Plug-ins. All rights are reserved by the licensors of such code and ownership is attributed as follows:
1.6.1 Firefox Plug-ins: Copyright © 1998 Netscape Communications Corporation. All Rights Reserved.
1.6.2 NSIS Toolkit and Plug-ins: Copyright © 1995 – 2009 Contributors as identified at http://nsis.sourceforge.net/Main_Page Reference to copyright ownership is for attribution purposes only and in no event shall be deemed an endorsement by such owners of the Babylon Toolbar. You acknowledge and agree that your right to use these publicly available components of the Babylon Toolbar is governed by the terms applicable to each application (“Other Software Terms”). In the event of any conflict with the express terms of this Agreement and the Other Software Terms, the Other Software Terms of such publicly available license shall control your use of the relevant application. In no event shall the Babylon Toolbar be deemed “open source” or “publicly available” software.
BY CLICKING ON THE "I ACCEPT" OR SUCH SIMILAR BUTTON OR LINK AS MAY BE DESIGNATED FOR PURPOSES OF INITIATING THE DOWNLOAD OF THE ACCOMPANYING SOFTWARE PRODUCT AND SERVICES (WHICH CONSIST OF THE "Babylon" SOFTWARE AND ITS ASSOCIATED FEATURES) OR BY INSTALLING OR USING THE SOFTWARE, THE END USER ("YOU") AGREES TO BE LEGALLY BOUND BY THE Babylon Toolbar COMBINED END USER LICENSE AGREEMENT/TERMS OF SERVICE/AND PRIVACY POLICY (THE "AGREEMENT").
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE Babylon Toolbar.
THE SOFTWARE (ASIDE FROM THE Babylon Toolbar FOR FIREFOX) CAN BE UNINSTALLED FROM THE "ADD OR REMOVE PROGRAMS" DIALOG BOX IN THE WINDOWS CONTROL PANEL.
2 License Grant.
The Babylon Toolbar is being licensed to you by Babylon Toolbar on an "AS IS" basis, for your private personal use only. Subject to the terms of this Agreement, Babylon Toolbar and its current, and future , parent and subsidiary companies (collectively "Licensor", "we", "us" or "our") hereby grants you a limited, non-exclusive, personal, non-sub licensable, non-assignable license to download, install and use the Babylon Toolbar, including any online or enclosed documentation, data distributed to your computer for processing and any future programming fixes, updates and upgrades provided to you (collectively, the "Babylon Toolbar") onto a computer for your sole use to install, interact with and utilize the Babylon Toolbar, including the content and features contained therein and the services and the Network related thereto ("Services"). The Babylon Toolbar may only be used in connection with the Services. As used herein, the term "Network" means the universe of computers connected to the Internet that are operating the Babylon Toolbar.
3 License Conditions.
(a) Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from the Services, Babylon Toolbar or any copy thereof; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling or disassembling or hacking of the Babylon Toolbar, the Services or the Network; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Babylon Toolbar or Services, including, without limitation, through sublicense, to any other entity without the prior written consent of Babylon ; (iv) export or re-export the Babylon Toolbar in violation of export laws; (v) use the Babylon Toolbar or Services for any commercial purpose or the benefit of any third party or charge any person for the use of the Babylon ; or (vi) use the Babylon Toolbar or Services to, or in any way that would violate any applicable law, regulation or ordinance; (vii) collect any information or communication about the Network or users of the Babylon Toolbar or Services by monitoring, interdicting or intercepting any process of the Babylon Toolbar or the Network; and (viii) use any type of bot, spider virus, worm, clock, software lock ,timer, counter, drop dead device, packet-sniffer, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to distort, damage , delete or disassemble the Babylon Toolbar, the Services or the Network. Furthermore, you may not use the Babylon Toolbar or Services to develop, generate, transmit or store information that: (A) infringes any third party's intellectual property or other proprietary right; (B) is defamatory, harmful, abusive, hateful or obscene ; (C) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Babylon Toolbar or Services, (D) performs any unsolicited commercial activity not permitted by applicable law; (E) is harassment or a violation of privacy or threatens other people or groups of people; and (F) impersonates any other person, or steals or assumes any person's identity (a real identity, an alias or an online nickname).
The Babylon Toolbar and Services may be incorporated into, and may incorporate, technology, software and services owned and controlled by third parties. Use of such third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to Babylon Toolbar to enforce any of your rights. All modifications or enhancements to the Babylon Toolbar and Services remain the sole property of Babylon Toolbar. You understand that Babylon Toolbar, in its sole discretion, may modify or discontinue or suspend your right to access any of its Services or use any of the Babylon Toolbar at any time, and may at any time suspend or terminate any license hereunder and disable any Babylon Toolbar you may already have accessed or installed without prior notice. Babylon reserves the right to add additional features or functions to the Babylon Toolbar. When installed on your computer, the Babylon Toolbar periodically communicates with Babylon Toolbar servers. We may require the updating of the Software on your computer when releasing a new version, or when making new features available. This update may transpire automatically or through other means. You understand that we may need your review and acceptance of our then-current END USER LICENSE AGREEMENT/TERMS OF SERVICE/PRIVACY POLICY before you will be allowed a limited license for any later versions of the Software. You acknowledge and agree that Babylon has no obligation to make available to you any subsequent versions of its software applications.
4 Permission to Utilize
In order to receive the benefits provided by the Babylon Toolbar, you hereby grant permission for the Babylon Toolbar to utilize the processor and bandwidth of your computer, only in order to provide you with the Services that are selected or provided by the Publisher.
5 Risks
Babylon IS TAKING REASONABLE MESURES IN ATEMPT TO KEEP THE Babylon Toolbar AND SERVICE SECURE. HOWEVER, LIKE ALL OTHER INTERNET SOFTWARE PROVIDERS, THE SOFTWARE, SERVICE AND SITE MAY STILL BE VULNERABLE TO VARIOUS SECURITY ISSUES AND FOR THAT REASON, SHOULD NOT BE CONSIDERED SECURE. IF YOU DO NOT WISH TO BE SUBJECTED TO THESE RISKS, YOU ARE ADVISED NOT TO USE THE Babylon Toolbar OR SERVICE.
6 Proprietary Rights
The Babylon Toolbar and Services contain proprietary and confidential information of Babylon Toolbar, including trade secrets ,copyrights, and trademarks contained therein, which are protected by international copyright laws. Title to and ownership of the Babylon Toolbar, including without limitation all intellectual property rights therein and thereto, are and shall remain the exclusive property of Babylon Toolbar and its suppliers, and except for the limited license granted to you, Babylon Toolbar reserves all right, title and interest in and to the Babylon Toolbar. You shall not take any action to jeopardize, limit or interfere with Babylon Toolbar's ownership of and rights with respect to the Babylon Toolbar and Services. You acknowledge that any unauthorized copying or unauthorized use of the Babylon Toolbar or Services is a violation of this Agreement and copyright laws and is strictly prohibited.
7 Term; Termination, Amendment.
(a) This Agreement will be effective as of the date you accept this Agreement, thereby expressly agreeing to the terms and conditions set forth herein, and will remain effective until terminated by either party as set forth below.
(b) You may terminate this Agreement at any time provided you cease all use of the Babylon Toolbar and Services AND destroy or remove from all hard drives, networks, and other storage media all copies of the Babylon Toolbar in your possession. Babylon may terminate this Agreement at any time, with or without cause, by providing notice to you and/or preventing your access to the Babylon Toolbar and/or Services.
(c) Upon termination of this Agreement for any reason (i) all licenses and rights to use the Babylon Toolbar and the Services shall terminate and you must remove the Babylon Toolbar from your computer equipment and dispose of all originals and copies of the Babylon Toolbar in your possession (d) Babylon will occasionally update this Agreement and Privacy Policy. When such changes take place, we will also revise the "Effective Date" of the Privacy Policy. For material changes to this Agreement or Privacy Policy, you will be notified by Babylon as it will place prominent notice on its Web site. Babylon encourages you to periodically review this Agreement and Privacy Policy.
8 Installation, Operation and Removal
UPON INSTALLATION, the Babylon Toolbar will be added to your Internet browser in the form of a toolbar. The toolbar features, widgets and controls are determined by the Publisher. It also provides you with a search box, and easy access to powerful Web search directly from your browser. Babylon Toolbar for Internet Explorer can be minimized by right clicking the toolbar and selecting it. In addition, you will receive Babylon Toolbar Search Assistance feature which provides you with relevant search results when you place a search query in the browser address bar (as described above under Search Assistance)
When a user uses one of Babylon Toolbar search feature to search the Web, the query reaches the publisher servers. As all standard Web pages, besides the keyword query, it includes information such as IP address, default language setting, browser type, and an anonymous unique ID. Babylon Toolbar uses this information in order to appropriately process your search request and to serve you relevant and better search results. The Babylon Toolbar sends a configuration request when you start your browser. This request includes only data such as browser type & IP address. In addition, occasionally Babylon Toolbar platform may send a request to our servers to check for new version releases. All of the collected information is kept strictly anonymous, is non-personally identifiable, and is used only for purposes of delivering better search services and content in accordance with your preferences.
Importantly, all collected information of search queries are recorded on a non-personally identifiable basis and kept strictly anonymous. All search activity information is researched and evaluated only on an aggregated basis (except in response to a customer service inquiry or legal process), and we do not disclose any non-aggregated information to third parties, except as required by a valid legal process such as a search warrant, statute, subpoena, or court order, or to protect someone's safety.
Babylon Toolbar constantly follows activity and usage of the Babylon Toolbar. By analyzing the aggregated information on usage of our product, Babylon Toolbar can improve the product and offer you better service.
Babylon reserves the right to disclose any information it deems necessary to (i) ensure your compliance with this Agreement; (ii) satisfy any applicable law, regulation or legal process; or (iii) protect the rights, property, and interests of Babylon its employees or the public. Babylon Toolbar also reserves the right to edit, refuse to transfer or to remove any information or materials, in whole or in part, in Babylon's sole discretion.
The Babylon Toolbar also uses "cookies". We use the cookies to store a code designating a distribution source for the Babylon Toolbar. This information allows us to properly distinguish Software for purposes of compensating third parties who distribute our product and to analyze retention and usage on an aggregated basis. The Software also uses cookies to store user preferences. We do not use cookies to track your use of the Internet in any other way or to store any personally-identifiable information, and we do not disclose cookie information to third parties, except as required by a valid legal process such as a search warrant, statute, subpoena, or court order or to protect someone's safety. If you wish to withdraw your consent to any of Babylon Toolbar features as described herein, you should uninstall the Software from your computer. Uninstall instructions are detailed above
9 Privacy Policy
This privacy policy applies to the Babylon Toolbar and each of the related Web sites (the "Web Sites") maintained by Babylon Toolbar ("we" or "us"). In the event of any inconsistency between this privacy policy and a policy listed on one of the other Web Sites, this policy shall control. We do not collect personal identification information including names, phone numbers and addresses. We do collect information necessary to enable certain features in Babylon Toolbar Platform. We do not sell, rent or trade any personally identifiable information you provide when using the Babylon Toolbar or the Web Sites.
We gather certain information such as internet protocol (IP) addresses, browser user agent, referring page, date/time stamp and cookies automatically. We use such information to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information to better provide our services.
When you visit the Babylon Web Sites, we may place a small text file-called a "cookie"-on your computer that allows us to improve the quality of our service, and to store your preferences and settings. Importantly, a cookie does not allow us to obtain any personally identifiable information (such as your real name or address) unless you have specifically provided such information when using the Web Sites or the Software. The search feature sends a request to our servers while processing a search query that you have inputted. This request includes the keyword query, source (Toolbar, IE bar, related links, etc…) and all HTTP data transferred automatically by the browser (IP Address, User Agent, Cookies, etc…). We use this information in order to properly process your search request. For example, this data provides us with information on which language you prefer to use and your geographical location. Such information is recorded on a non-personally identifiable basis and is kept strictly anonymous. If any of the Web Sites or the Software is ever sold or all or substantially all of the assets relating to a Web Site or the Software are transferred to another entity, we may transfer all information provided by or collected from you, including personally identifiable information, in order to ensure continuity of your service. We will disclose information, including personally identifiable information, data acquired by cookies, and other data, where required by a subpoena, interception order or other lawful process. We also reserve the right to disclose such information when we believe, in our sole judgment and to the extent consistent with applicable law, that such disclosure is necessary to protect the rights or safety of others or to enforce, or protect our rights under, this Agreement.
10 Your Representations and Warranties
(a) You represent and warrant that (i) you possess the legal right and ability to enter into this Agreement and to comply with its terms, (ii) you will use the Babylon Toolbar and Services for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies, (iii) you will not attempt to decompile, reverse engineer or hack the Babylon Toolbar or the Network or to defeat or overcome any encryption and/or other technical protection methods implemented by Babylon with respect to the Babylon and/or data transmitted, processed or stored by Babylon Toolbar or other users of the Babylon Toolbar, (iv) you will not take any steps to interfere with or in any manner compromise any of Babylon Toolbar's security measures, any other individual's or entity's computer on the Network and/or otherwise sharing Services, (v) you will always provide and maintain true, accurate, current and complete information as requested by Babylon Toolbar, and (vi) you will only use the Babylon Toolbar and Services on a computer on which such use is authorized by the computer's owner.
(b) You agree that you will not use any automatic or manual device or process to interfere or attempt to interfere with the proper working of the Babylon Toolbar, Network or Services, except to remove the Babylon Toolbar from a computer of which you are an owner or authorized user in a manner permitted by this Agreement. You may not violate or attempt to violate the security of the Babylon Toolbar, Network or Services. Babylon reserves the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
(c) If Babylon has reasonable grounds to suspect that your representations, promises or warranties are inaccurate or breached, Babylon may terminate this license, deny any or all use of the Babylon Toolbar and/or Services, and pursue any appropriate legal remedies.
11 Submissions
If at our request you send content (e.g., postings, contest submissions,surveys, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of Babylon . None of the Submissions shall be subject to any obligation of confidence on the part of Babylon Toolbar, and Babylon shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Babylon shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
12 Indemnity.
You agree to indemnify, hold harmless and defend Babylon Toolbar and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents and network service providers at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorney fees and other dispute resolution expenses) incurred by Babylon arising out of or relating to your (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein, or (b) use or misuse of the Babylon Toolbar and/or Services.
13 Links and Search Results.
The Software may provide, or third parties may provide, search results or other links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
14 Disclaimer of Warranties.
(a) THE Babylon Toolbar AND SERVICES ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY Babylon. EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE Babylon Toolbar OR SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. Babylon FURTHER DOES NOT REPRESENT OR WARRANT THAT THE Babylon OR ANY SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE
(b) YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE Babylon Toolbar AND SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(c) THE Babylon Toolbar MAY BE UTILIZED AND DISTRIBUTED BY THIRD PARTIES WHICH ARE UNRELATED TO Babylon Toolbar. YOU AGREE THAT Babylon Toolbar WILL NOT BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO INCIDENTAL , INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES AS STATED IN PARAGRAPH 13 (a) ABOVE, RESULTING FROM ANY ACTIONS OR OMISSIONS OF THE OUTSIDE PARTIES.
(d) As some jurisdictions do not allow some of the exclusions set forth in this Section 12, some of these exclusions may not apply to you. 15 Limitation of Liability.
(a) IN NO EVENT AND UNDER NO LEGAL THEORY, SHALL Babylon Toolbar, ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR NETWORK SERVICE PROVIDERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS OF ANY TYPE , DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF THE USE OR INABILITY TO USE THE Babylon Toolbar OR THE SERVICES, EVEN IF Babylon Toolbar HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE Babylon Toolbar AND/OR SERVICES IS TO UNINSTALL AND CEASE USE OF SUCH Babylon Toolbar AND SERVICES.
(c) IN NO EVENT WILL Babylon Toolbar’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS OR DAMAGES SHALL EXCEED THE LOWER OF (I) AMOUNT Babylon Toolbar RECEIVED FROM YOU FOR THE LICENSE; OR (II) $100 USD, EVEN IF Babylon HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
16 Customer Support
Babylon may, but is not required to, provide you with customer support ("Support"). Babylon may terminate any Support it provides at any time in its sole discretion.
17 Electronic Signatures and Agreements.
You acknowledge and agree that by clicking on the button labeled "I ACCEPT" or such similar links as may be designated by Babylon to download the Babylon Toolbar to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE Babylon Toolbar OR SERVICES. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records. 18 General Provisions.
Babylon reserves all rights not expressly granted herein. Babylon may modify this Agreement at any time by providing such revised Agreement to you or posting the revised Agreement on its website located at Babylon www.babylon.com. Your continued use of the Babylon Toolbar and/or Services shall constitute your acceptance of such revised Agreement. You may not assign this Agreement or any rights hereunder. Nothing in this Agreement shall constitute a partnership or joint venture between you and Babylon. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect. The failure of Babylon Toolbar at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Agreement shall be governed by and construed in accordance with the laws of Israel without regard to its conflict of law rules. Any legal proceeding arising out or relating to this Agreement will be subject to the exclusive jurisdiction of any court of Israel and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Agreement and any related service agreements constitute the final, complete and exclusive agreement with respect to the Babylon Toolbar and Services and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. Babylon may at its sole discretion assign this Agreement to a subsidiary or sister company, without giving prior notice.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL THE Babylon Toolbar, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO Babylon Toolbar THE RIGHTS SET FORTH HEREIN.
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