|
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY DOWNLOADING,
ORDERING AND/OR USING THE SOFTWARE AND/OR DOCUMENTATION YOU INDICATE
THAT YOU AGREE TO THE TERMS SET FORTH BELOW AND THAT YOU CONSENT
TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.
All C.D.I. Systems Software and Documentation, including Server
components, Administration components, PDA clients, Graphics and
the Content included with the software (hereinafter "the Software")
of C.D.I. Systems (1992) Ltd. ("C.D.I. Systems"), are
subject to the following License Agreement. By accessing the software,
you hereby accept these terms and conditions:
1. The Software is protected by copyright laws of Israel, the United
States and international copyright treaty provisions. The Software,
or any portion thereof, may not be reproduced, rented, leased or
in any other manner redistributed without the prior written consent
of C.D.I. Systems. You may make backup copies for archival purposes
only. All printed materials are also protected by copyright law
and may not be copied, distributed, or reproduced in whole or in
part without the prior written consent of C.D.I. Systems.
2. The Software is licensed for use according to the specific terms
and conditions set in the transaction with C.D.I. Systems (i.e.
number of users, concurrent users, IP range).
3. You acknowledge that the Software remains a confidential trade
secret of C.D.I. Systems and therefore you agree not to modify the
Software or attempt to decipher, decompile, disassemble or reverse
engineer the Software, except to the extent applicable laws specifically
prohibit such restriction. You may not (i) permit other individuals
to use the Software except under the terms of this Agreement, (ii)
modify, translate or create derivative works based on the Software,
or (iii) remove any proprietary notices or labels on the Software.
4. Title, ownership rights, and intellectual property rights in
and to the Software shall remain in C.D.I. Systems. Title, ownership
rights, and intellectual property rights in and to the content accessed
through the Software is the property of the applicable content owner
and may be protected by applicable copyright or other laws. This
License gives you no ownership or intellectual property rights to
such content, and is limited only to access and usage of the software
according to terms set forth in this agreement.
5. REGARDLESS OF WHETHER YOU LATER CHOOSE TO REGISTER YOUR COPY
OF THE SOFTWARE, THE SOFTWARE AND RELATED DOCUMENTATION ARE PROVIDED
"AS IS," WITHOUT WARRANTY OF ANY KIND, AND C.D.I. SYSTEMS
EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ANY WARRANTIES
ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, OR ANY
WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD PARTY'S PATENT(S), TRADE
SECRET(S), COPYRIGHT(S) OR OTHER INTELLECTUAL PROPERTY RIGHTS. C.D.I.
SYSTEMS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE
WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE
WILL BE CORRECTED.
Furthermore, C.D.I. Systems does not warrant or make any representations
regarding the use or the results of the use of the software or related
documentation in terms of their correctness, accuracy, reliability,
or otherwise. No oral or written information or advice given by
C.D.I. Systems or C.D.I. Systems's authorized representative shall
create any warranty or in any way increase the scope of this warranty.
Should the Software prove defective, you (and not C.D.I. Systems
or C.D.I. Systems's authorized representative) assume the entire
cost of all necessary servicing, repair or correction. Some countries
do not allow exclusion of implied warranties, in such a case the
above exclusion may not apply to you. This warranty gives you specific
legal rights, and you may also have other rights, which vary from
country to country.
6. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL C.D.I. SYSTEMS
BE LIABLE FOR ANY LOST REVENUE OR PROFITS OR ANY INCIDENTAL, INDIRECT,
SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY
TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF C.D.I. SYSTEMS
OR C.D.I. SYSTEMS'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME COUNTRIES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, IN SUCH A CASE THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. IN NO EVENT SHALL C.D.I. SYSTEMS'S TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT
PAID BY YOU FOR THE SOFTWARE. IN THE CASE WHERE NO AMOUNT WAS PAID
FOR THE SOFTWARE, THE TOTAL LIABILITY OF C.D.I. SYSTEMS WILL BE
ZERO.
7. This Agreement shall remain in effect until its termination
in accordance with this agreement. You may terminate this Agreement
at any time by destroying the Software and all backup copies thereof.
If you fail to comply with any provision of this Agreement (a) C.D.I.
Systems may terminate your access to the Licensed Materials, (b)
and/or you may terminate the access of Authorized User who is failing
to comply with use restrictions for the Licensed Materials upon
C.D.I. Systems's request. Upon termination you must destroy the
Software and all backup copies thereof.
8. You shall comply with all laws and regulations applicable to
your activities under this Agreement. You agree that C.D.I. Systems
is not liable for results caused by your or others' failure to comply
with all laws and regulations applicable to activities under this
Agreement. This Agreement constitutes the entire agreement between
the parties and supersedes any other communications or advertising
with respect to the Software. Notwithstanding the foregoing, to
the extent that any court, tribunal, or other governmental authority
of competent jurisdiction determines that any terms of this Agreement
are in conflict with the terms of any statute, treaty, or regulation,
the conflicting terms of this Agreement shall be superseded only
to the extent necessary by the terms required by such law, statute,
treaty, or regulation. If any provision of this Agreement shall
be otherwise unlawful, void, or for any reason unenforceable, then
that provision shall be enforced to the maximum extent permitted
so as to affect the parties' intent. In either case, the remaining
provisions of this Agreement shall remain in full force and effect.This
Agreement is governed by the laws of the State of Israel, excluding
conflict of laws provisions and the 1980 United Nations Convention
on Contracts for the International Sale of Goods. C.D.I. Systems's
failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision.
C.D.I. Systems (1992) Ltd.
Copyright 2005
All Rights Reserved.
NetIS™, AllRights™ are trademarks of C.D.I. Systems
(1992) Ltd.
PalmNetIS™ is a trademark of C.D.I. Systems (1992) Ltd.
Other product and company names appearing in C.D.I. Systems products
and materials are used for identification purposes only and may
be trademarks or registered trademarks of their respective owners.
Registered and unregistered trademarks used in any C.D.I. Systems
products and materials are the exclusive property of their respective
owners.
|