Terms of Use

Babylon Software Website

BY ENTERING OR USING THE BABYLON-SOFTWARE.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 Software 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 are 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. 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 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.
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

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. 


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 Software 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 10 ("Babylon 10"). Babylon 10 may be licensed under different configurations: (a) paid version, or free limited 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. limited 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 SOFTWARE 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 Software Ltd. (referred to as "Babylon") as part of this software. For the removal of doubt, the license of Babylon 10 for unlimited period does not include the Maintenance Services and the continues use of the Products may be subject to, and require the User to purchase the Maintenance Services, in accordance with terms provided by Babylon from time to time. Where the Product provided by Babylon includes 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 10, Free limited version grants to you a non-transferable, non-exclusive revocable license to use the Product for personal use only.

Babylon 10, paid version, corporate/retail: In consideration of the payment by you of the fee in relation to the Product, Babylon grants to you a non-transferable, non-exclusive license to use the Product. The use of the Product is 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. 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 10 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 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.

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 may send to Licensees hard disk, from time to time, instructions, such as pings and other commands, which allow Babylon to terminate the use or operation of the Product. In addition, Babylon may use cookies during the purchase process and the use of the Product by You.
Babylon may also offer you, from time to time, by e-mail or any other means of communication, the services of Babylon's partners.

The use of the Product is subject to the privacy policy of Babylon as specified at Privacy Policy.

BACK-UP CD
Babylon offers End Users who have purchased Babylon 10 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.

ADDITIONAL TERMS AND RESTRICTIONS OF USE FOR THE BABYLON PAID VERSION (CORPORATE/RETAIL)
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 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 website.

ADDITIONAL TERMS AND RESTRICTIONS OF USE FOR THE BABYLON FREE LIMITED VERSION (RETAIL ONLY)
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 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 website.
The latest free limited 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's 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.
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 SOFTWARE LTD
The Babylon logo, Product name, Product manuals, training materials, documentation and other support materials are either patented, copyrighted, trademarked or owned by Babylon as trade secrets and/or proprietary information. Babylon retains exclusive ownership of the Babylon Product, of the Babylon printed materials and of the Babylon trademarks. All techniques, algorithms and processes contained in Babylon's Product or any modification or extraction thereof constitute trade secrets and/or proprietary information of Babylon 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'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's or any Babylon Product distributor's or dealer's sole and exclusive obligation shall be, at Babylon'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 30 days of payment, and at Babylon’s full discretion. 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.

FREE LIMITED AND PAID VERSIONS DISCLAIMER: NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE BABYLON 10 FREE LIMITED AND PAID VERSIONS ARE 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". (If some states do not allow the exclusion of implied warranties 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 or any distributor or dealer of Babylon 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. (If some states do not allow the exclusion or limitation of incidental or consequential damages, the above exclusion may not apply to you).
Under no circumstances will Babylon'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'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 or the distributors or dealers of Babylon 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 nor the distributors and dealers of Babylon 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.
i. Neither Babylon nor the distributors and dealers of Babylon 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 AND MAINTENANCE
Babylon may from time to time revise or update its Products. Such updates and revisions may be supplied separately for a fee according to Babylon's then prevailing update prices, policies, terms and conditions (“Maintenance Services”). Babylon is not obligated to make any Product revisions or to supply them. Babylon may from time to time offer special support programs. Licensee may purchase Maintenance Services from Babylon according to the then prevailing Babylon rates, terms and conditions.

PAID VERSION DISCLAIMER FOR UNLIMITED PERIOD: It is clarified that following such revisions, modifications or updates in Babylon Products, software or dictionaries, if you obtain license for unlimited period and do not purchase the Maintenance Services, you may not be able to use all or some of the Products and services provided to you by Babylon, and in particular any online Products and services.

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. 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 may terminate this license. Upon termination, Licensee shall destroy the Product. The provisions of this license, which protect the proprietary rights of Babylon, 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 Software LTD., 10 Hataasiya St, Or-Yehuda, Israel.

TERMS OF USE OF BABYLON GLOSSARIES AND OTHER THIRD PARTY MATERIAL
The Product enables you to use, and Babylon 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, 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 and having Support and Maintenance services. 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, 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 Material(s) 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/Document Translation 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 10 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'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 strives to provide you with relevant translation and information for the terms and phrases you wish to translate or learn more about; however Babylon 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 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'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.
secret, or proprietary information from any type whatsoever. BABYLON EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO THE PRODUCT, OR ANY OTHER INFORMATION OR SERVICE PROVIDED BY BABYLON 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 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 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 TRACE AND TRADE OF USER'S VISITING WEBSITES DATA AND THE USER'S RECEIPT OF ADVERTISEMENTS AND OFFERS ACCORDIGNLY FROM THIRD PARTIES, 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.