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Babylon Terms of Use

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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 ============================================== 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. ============================================== PLEASE READ CAREFULLY: this license agreement includes the terms and conditions of use for Babylon 8 ("Babylon 8"). Babylon 8 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 8, 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 8 in a box (the "Babylon Box"). The use of the Product is subject to the following conditions: Babylon 8, 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: 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 8 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 8 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, NONINFRINGEMENT 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 8 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 .

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 Babylon offers its users a free 14 days trial version, in order to evaluate the Product and decide whether it fits their needs. Hence, no refunds shall be granted after a license code has been issued, not including cases of irresolvable technical problems, platform incompatibility, erroneous multiple orders or if no trial was available. In these cases a refund shall be made only after a detailed request has been submitted to Babylon Ltd. within 30 days of payment, and at Babylon's full discretion. All refunds are subject to a handling fee. TRIAL VERSION DISCLAIMER: NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE BABYLON 8 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 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, NONINFRINGEMENT 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


Welcome! By downloading, installing or using the Software ("Software") or any portion thereof, you agree to the terms and conditions of this End-User License Agreement (Terms). THIS IS A LICENSE AGREEMENT BETWEEN YOU AND CONDUIT LTD. ("CONDUIT"). PLEASE READ CAREFULLY AND ACCEPT THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT BEFORE INSTALLING THE SOFTWARE. BY CLICKING THE "YES" BUTTON (OR ANY SIMILAR BUTTON WHICH INDICATE YOUR CONSENT TO THESE TERMS), YOU AGREE TO BE BOUND BY THESE TERMS. YOU WILL NOT BE ABLE TO INSTALL THE SOFTWARE UNTIL YOU HAVE ACCEPTED THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE EXIT THE INSTALLATION PROCESS. FURTHERMORE, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE MANDATORY LAW. THESE TERMS CONSTITUTE THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN YOU, OR THE COMPANY ON WHOSE BEHALF YOU ARE INSTALLING THE SOFTWARE ("YOU") AND CONDUIT, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION RELATING TO THE SUBJECT MATTER OF THESE TERMS. 1. General Conduit provides an on-demand website syndication platform (the "Conduit Platform") that enables online and website Publishers (as defined below) to create, maintain and distribute branded community Toolbars (as defined below) and additional content and technologies. The Conduit Platform is used by millions worldwide and it is available at: http://www.conduit.com. The Software includes a Toolbar (as defined below) that was created using the Conduit Platform by a

Publisher that has contractually committed to: (1) abide by Conduit's Terms of Service including strict privacy and safety policies and (2) to protect your rights as a user of the Software. Uninstall - You may uninstall the Software at any time and with no limitations, using the standard uninstall procedures as offered with your computer's Operating System or your Internet Browser. For example: to uninstall the Toolbar from your Internet Explorer do as follows: Open your computer's Control Panel then select "Add or Remove Programs", Find "mybabylon Toolbar" in the list of installed applications and click on it, Click on the "Change/Remove" button. To uninstall the Toolbar from your Firefox browser do as follows: Open Firefox and click on the "Tools" menu, Select "Extensions", Find "mybabylon Toolbar" in the list of installed extensions and click on it, Click on the "Uninstall" button. To uninstall the Toolbar from your Safari browser do as follows: Open the Finder application and browse to Applications, in the Applications folder scroll down to Toolbars, find "mybabylon Toolbar and click on it, then double click on uninstall, a User name & Password dialog window will be opened in which you will have to fill the required fields and to accept the operation. For other examples please refer to the standard uninstall procedures offered with your computer's Operating System or your Internet Browser. 2. Definitions: "Publisher" means an individual or entity that creates a Toolbar using the Conduit Platform. Such Publisher can make the Toolbar available for download on any domain and/or web site owned and/or operated by such Publisher or by a third party licensed by Publisher. The Toolbar is used by an internet user, such as You, who can download and install the Toolbar created by the Publisher. "Toolbar" means a community toolbar that was created using the Conduit Platform by a Publisher and includes different features and content, including (but not limited to): menus, labels, links, images, tooltips, gadgets, web content, radio, multimedia, detection of content/toolbars, alerts, hosted web pages related to the Toolbar, personalized pages, remote software updates, etc. Third-Party Content means any, elements, components, technology or other types of content provided by third parties and available for your use in connection with the Toolbar. 3. License The license applies to versions of the Software that are offered on any supported Operating System and integrated in any compatible Internet Browsers including (but not limited to): Internet Explorer, Firefox, Safari and other supported Internet Browsers. Conduit hereby grants to You a limited personal, non-exclusive, non-sublicensable, non-assignable, royalty-free license to download, install and use the Software solely for personal, non-commercial purposes in order to enhance Your Internet browsing experience by being provided with relevant information, content and references displayed at Your internet browser and/or desktop and/or other applicable locations. These Terms will also govern any Software upgrades provided by Conduit, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern. 4. Ownership All rights to and in the Software (including all documentation, translations, enhancements, improvements or other modifications made to or derived from the Software), including, but not limited to, copyrights, patents, trademarks, trade secret rights and any other applicable intellectual property right, shall belong to Conduit or to its licensors as may be applicable. The license to the Software hereunder does not grant you any right to use the trademarks, service marks or logos of Conduit or its licensors. All rights in the Third-Party Content that were added by the Publisher and/or You to the Software using the features available in the Conduit Platform (including without limitations in the Toolbar) may belong to the Publisher or to other third-parties as may be applicable. It is your responsibility to make sure that you comply with all such rights. 5. License Restrictions

You shall not modify the Software. You may only copy the Software, provided that all copyright and other notices are reproduced and included on the copy. You may not (1) decompile, reverse engineer, disassemble or otherwise reduce the Software or any portion of the Software to a human-perceivable form, (2) modify, network, rent, lend, loan, distribute or create derivative works based upon the Software in whole or in part, (3) remove or alter any trademark, logo, copyright or other intellectual property notice in or on the Software, and (4) commercially distribute, market, sublicense, resell or otherwise transfer the Software. You may not make any use of the Software in whole or in part that is not expressly permitted by these Terms. The Software is delivered in object code only. You acknowledge and understand that Conduit, , may modify the functionality of the Software or the components at any time, and any third party that provides Third-Party Content contained in the Software may modify the functionality of such Third-Party Content. You acknowledge and agree that during installation, You may be prompted by the Software to apply changes to your Internet Browser settings. Such changes may be approved by You in advanced and can be reconfigured by You at any time from the options menu available in your Toolbar and/or in configuration options available your Internet Browser. Such changes may include the following: a. Change the default search engine in Your Internet Browser's built-in search box, if such a search box exists in your browser. b. Change the default Homepage of your Internet Browser. c. Add alternative "page not found" functionality. d. Allow software updates of the Toolbar once a new version is released. e. Enable search from the Address Bar of your Internet Browser. 6. Term These Terms shall continue in effect perpetually, unless terminated earlier pursuant to the provisions herein. You may terminate these Terms at any time by permanently deleting from Your systems and/or destroying all copies of the Software in Your possession. Conduit may terminate these Terms and the license granted pursuant thereto if You breach any of these Terms. Upon termination of these Terms for any reason, You shall permanently delete and/or destroy all copies of the Software. All provisions of these Terms relating to "OWNERSHIP", "DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY", "PRIVACY AND LEGAL RIGHTS" and "MISCELLANEOUS" shall survive the termination of these Terms. 7. Disclaimer of Warranty and Limitation of Liability THE SOFTWARE IS PROVIDED "AS IS" WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, CONDUIT AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, IS FREE OF DEFECTS OR, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE AND NONINFRINGING. YOU BEAR THE ENTIRE RISK AS TO SELECTING THE SOFTWARE FOR YOUR USE AND AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL CONDUIT AND ITS DIRECTORS, DISTRIBUTES, LICENSORS, CONTRIBUTORS AND AGENTS COLLECTIVELY (CONDUIT GROUP), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OREXEMPLARY DAMAGES, ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, WORK STOPPAGE, LOST SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR COMPUTER FAILURE OR MALFUNCTION , EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. THE SOFTWARE IS BEING PROVIDED TO YOU FREE OF CHARGE. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT THE CONDUIT GROUP WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS

OR DISSATISFACTION WITH THE SOFTWARE IS TO UNINSTALL AND CEASE USE OF THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 8. Privacy and Legal Rights Protecting Your privacy is very important to Conduit. The Conduit Platform is constantly monitored to maintain and enforce Conduit's Privacy Policies and Conduit contractually prohibits Publishers from violating the privacy rights of others while utilizing the Conduit Platform. You acknowledge that You have read and approved the policies of Conduit posted from time to time at http://www.conduit.com. Conduit respects the legal rights of others, and we ask our Publishers do the same. We contractually prohibit our Publishers from using our platform to promote or distribute: illegal materials, materials protected by intellectual property rights, or offensive materials. Please note that It is your responsibility to download and install software only from Publishers You trust, whether browser add-ons, toolbars or any other software. Conduit is not responsible for content that is uploaded to the Conduit Platform by any Publisher or by any third party. If You believe that Your legal rights have been infringed upon while using the Software, we encourage You to report it to us at Your earliest convenience (to report, please visit the "Legal" section at the Conduit website, at http://www.conduit.com). As soon as we receive Your notification, we will, at our discretion, examine Your complaint and take the necessary measures to resolve it. 9. Miscellaneous (a) These Terms constitute the entire agreement between Conduit and You concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Conduit. (b) These Terms shall be governed by and interpreted under the laws of the State of New York, without regard to conflicts of provisions. All actions relating to these Terms and the Software shall be brought in the competent court in the State of New York. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. (c) The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. (d) If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof, to be unenforceable, that provision of these Terms shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. Conduit reserves the right, at our discretion, to update or revise these Terms. (e) Except as required by law, the controlling language of these Terms is English. (f) You may not assign your rights under this Agreement to any party without Conduit consent. Please check these Terms periodically for changes. Your continued use of the Software following the posting of any changes to these Terms, or notification to You of the changes, constitutes acceptance of those changes. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY IT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE AGREE BUTTON AND/OR CONTINUING TO INSTALL OR USE THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS.

Babylon IM - End User License Agreement


Babylon IM is an extension to Instant Messengers allowing you to add animations and additional icons when communicating with your IM peers. READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE BABYLONIM SOFTWARE ("SOFTWARE"). THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS BETWEEN YOU AND BANDOO MEDIA, INC ("COMPANY"). FOR THE PURPOSES OF THIS AGREEMENT, THE

TERM "YOU" AND "YOUR" MEANS YOU AS AN INDIVIDUAL. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT USE THE SOFTWARE. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE IN ANY WAY, YOU ARE INDICATING YOUR COMPLETE UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. LICENSE GRANT Company hereby grants You a limited, personal, non-exclusive, non-transferable right to use the Software, in accordance with the terms of this Agreement. You may install and use the Software on a single computer. You may make and maintain one copy of the Software solely for backup or archival purposes, provided that the original and copy of the Software are kept in your possession. You may not use any backup or archival copy of the Software for any purpose other than to replace the original copy in the event the original is destroyed or becomes defective. RESTRICTIONS Except as otherwise set forth herein, You are entitled to use the Software for your own use, but you may not: (i) copy, reproduce, modify, transmit, broadcast, republish, upload, distribute publicly or create derivative works based on the Software or otherwise commercially exploit the Software; (ii) reverse engineer, decompile, disassemble or otherwise reproduce the Software; (iii) delete or obscure any copyright, trademark or other proprietary notices on the Software; (iv) sell, grant a security interest in or transfer reproductions of the Software; (v) rent, lease or license the Software to others without the prior written consent of the Company; or (vi) exploit the Software or any of its parts for any commercial purpose. You may not use the Software on or over a network or any other transfer device (including the Internet). Use of the Software on more than one computer constitutes copyright infringement and may be punishable by civil fines, criminal penalties, or both. INTELLECTUAL PROPERTY This Software is protected by US copyright laws, as well as other intellectual property laws and international copyright treaties. All intellectual property in the Software including but not limited to any images, photographs, animations, video, music and text and any printed materials accompanying the Software are owned by the Company or its Licensors. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that as between you and Company, all right, title and ownership in and to the Software will remain the exclusive property of Company, and you will not acquire any ownership rights in the Software. All rights not expressly granted herein are reserved by the Company. ADDITIONS TO SOFTWARE We reserve the right to add additional features or functions to the Software. When installed on your computer, the Software periodically communicates with our servers. We may require the updating of the Software on your computer when we release a new version of the Software, or when we make new features available. Such updates will occur only upon prior notice to you, except for the limited case where notice is not possible due to technical problems or an emergency that requires us to update the Software in order to maintain existing functionality or to comply with the law. You understand that we may require your review and acceptance of our then-current privacy policy, terms of service and/or end user license agreement before you will be permitted to access any subsequent versions of the Software. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Software. You represent and warrant that you are either the owner or an authorized user of the computer where the Software is installed. SECURITY The Software is exposed to various security issues, and should be regarded as insecure. By accepting this Agreement, you indicate that you understand and acknowledge that by using the Software you may be subject to various security risks from third parties, including the exposure of data you have downloaded or have offered to share and unauthorized access to or acquisition or corruption of search results or other data organized or maintained on your computer by the software, and that you accept all such risk as solely your risk and responsibility. COLLECTION OF INFORMATION During the installation of the Software, Company may request that you provide Your age and other information. This information will not be transmitted to Company, and will remain localized on Your computer. This information will be used to filter certain content that may be transmitted to the Software by Company and made available to You. Company may also collect information regarding the use of icons available through the Software, including statistics relating to popularity and usage. The information collected from you will contain no personally identifiable information and will not be associated to You. You agree that Your use of the Software is subject to the provisions of Company's privacy policy, which is incorporated herein by reference. The privacy policy is available at http://www.babylon.com/babylonim/privacy DISCLAIMER THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. THE COMPANY DOES NOT

WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE, OR THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY IN NO EVENT WILL THE COMPANY, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY OF THE COMPANY FOR DAMAGES WITH RESPECT TO THE SOFTWARE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE REGARDLESS OF THE FORM OF THE CLAIM (INCLUDING, WITHOUT LIMITATION, ANY CONTRACT, PRODUCT LIABILITY, OR TORT CLAIM). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. INDEMNITY You agree to indemnify and hold harmless Company and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries (collectively, "Indemnified Parties") from and against any and all claims, losses, demands, causes of action and judgments (including attorneys' fees and court costs) arising from or concerning Your breach of this Agreement. TERMINATION You may terminate the license granted herein at any time by destroying or erasing all copies of the Software. This Agreement and the license granted herein will terminate automatically without notice from the Company if You fail to comply with the limitations specified herein. Upon termination of this Agreement or the license granted herein, You agree to destroy or erase all copies of the Software. In the event of termination, all provisions of this Agreement as to warranties, limitation of liability, remedies, damages and choice of law and venue shall survive termination. GOVERNMENT RESTRICTED RIGHTS The Software is provided with "RESTRICTED RIGHTS." Use, duplication or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations. Use of the Software by the United States Government constitutes acknowledgement of the Company's proprietary rights therein. EXPORT RESTRICTIONS You acknowledge that the software, data and other underlying information or technology licensed hereunder is subject to the export control laws and regulations of the United States, and any amendment thereof. You acknowledges that no software, data and other underlying information or technology licensed hereunder may be accessed, downloaded, used, possessed or otherwise exported or re-exported into (or to a national or resident of) Angola, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country to which the U.S. has embargoed goods, or anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. MISCELLANEOUS This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to the principals of conflicts of laws. The parties hereby irrevocably submit to the exclusive jurisdiction of the state and federal courts located in New York, New York in connection with any suit, action or other proceeding arising out of this Agreement, and waives any objection to such venue based on forum non conveniens or otherwise. The parties explicitly waive any trial by jury in connection with this Agreement. You acknowledge and agree that in addition to any and all other remedies available to the Company in the event of a breach of this Agreement by You, Company shall have the right to enjoin, any activity by You which breaches this Agreement, by equitable relief, including, but not limited to, a temporary restraining order, a preliminary injunction, a permanent injunction, or such other alternative relief as may be appropriate, without the necessity of Company's posting any bond or surety. If any portion of this Agreement is found to be unlawful, void, or for any reason unenforceable, it will be severed from and in no way affect the validity or enforceability of the remaining provisions of the Agreement. This Agreement constitutes the entire agreement between You and the Company regarding the Software and its use. No change, waiver or modification of this Agreement will be valid unless it is in writing and is signed by the Company. BY CHECKING THE "I ACCEPT THE LICENSE AGREEMENT" BOX AND CLICKING ON THE "NEXT" BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT AND THAT YOU ARE IN AGREEMENT WITH AND ARE WILLING TO ACCEPT ALL OF THE TERMS SET FORTH HEREIN. To read more about Babylon IM go to

http://www.babylon.com/babylonim/faq/