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End-User License Agreement
Beeline requires that you accept the following End-User License Agreement before installation can proceed:
IMPORTANT INFORMATION - PLEASE READ THIS END-USER LICENSE AGREEMENT (THE "AGREEMENT"), CAREFULLY BEFORE DOWNLOADING AND/OR INSTALLING AND/OR MAKING ANY US OF THE SOFTWARE KNOWN AS "Beeline" (THE “SOFTWARE”). THE SOFTWARE IS COPYRIGHTED AND LICENSED (NOT SOLD). BY CHOOSING “I ACCEPT”, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE SOFTWARE AND ITS USE BETWEEN YOU AND Liviatan Projects LTD. (“Liviatan Projects"). BY SELECTING "OK" DURING THE INSTALLATION PROCESS, OR BY INSTALLING OR MAKING ANY USE OF THE SOFTWARE, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU SELECT "Cancel," THE INSTALLATION PROCESS WILL NOT PROCEED. DO NOT SELECT "OK" OR INSTALL OR USE THE SOFTWARE UNTIL YOU HAVE CAREFULLY READ, UNDERSTOOD, AND AGREED TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE SOFTWARE. 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. THE TERMS OF THIS AGREEMENT CONSTITUTE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU, OR THE LEGAL ENTITY ON WHO'S BEHALF YOU ARE INSTALLING THE SOFTWARE AND Liviatan Projects, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT AND INCLUDING WITHOUT LIMITATION THE INSTALLATION AND/OR USE OF THE SOFTWARE BY YOU. 1. The term “Software”, as used herein, notwithstanding anything to the contrary in this Agreement shall mean the version of the Software that is downloaded by You; and shall also include all revisions, corrections, modifications, enhancements, improvements and/or updates and upgrades of the Software. 2. Any hardware and/or software which is required for the use of the Software by you, as intended by this Agreement is Your responsibility and at Your exclusive cost and expense. 3. Liviatan Projects, for the term of this Agreement, hereby grants You and You hereby accept, a personal, limited, non-transferable, non-assignable, non-exclusive, fully revocable, right and license to the Software, to install the machine-readable object code form only of the Software on the server on which Your website is installed, so that the Software application will be workable on each of Your website pages, when used by internet users ("License"). 4. To ensure best compatibility of the Software as used on Your website, You may ask Liviatan Projects to perform certain configuration services, which services are provided by Liviatan Projects free of charge and at Liviatan Projects' discretion. To this end You may be required by Liviatan Projects to provide Liviatan Projects an API, so as to ensure such compatibility. Furthermore, You may also be required by Liviatan Projects to provide Liviatan Projects with reasonable assistance and/or information, to enable Liviatan Projects to provide You with seamless configuration services. For the removal of any doubt, nothing herein is or shall be construed as an obligation of Liviatan Projects to provide such configuration services, or any other services related thereto, and such services are rendered by Liviatan Projects at Liviatan Projects' discretion. 5. THIS IS A LICENSE AGREEMENT AND NOT AN AGREEMENT FOR SALE. The Software is NOT FOR SALE and is and shall remain in the sole property of Liviatan Projects. The Software is a valuable trade secret of Liviatan Projects and any disclosure or unauthorized use thereof will cause irreparable harm and loss to Liviatan Projects. All rights, titles and interests in and to the Software, and to any part thereof, including associated intellectual property rights, and interest in and to the Software, (including, without limitation, patents, copyrights, trade secrets, trademarks, and/or any other such similar intellectual property), evidenced by or embodied in and/or attached/connected/related to the Software, are and will remain with Liviatan Projects. This License Agreement does not convey to You an interest in or to the Software, or any part thereof, but only a limited right of use revocable in accordance with the terms of this Agreement. Nothing in this Agreement constitutes a waiver of Liviatan Projects’s intellectual property rights under any law. 6. Except as specifically permitted in Section 3 above, You agree not to, or allow a third party to: (i) modify, merge or sub-license the Software, or any part thereof; (ii) sell, lease, license, sub-license, assign, transfer, pledge, or share Your rights under the License with/to any third party; and (iii) modify, disassemble, decompile, reverse engineer, revise or enhance the Software or attempt to discover the Software’s source code, or any part thereof; and (iv) other than as explicitly set forth in the License, place the Software, or any part thereof, onto a server so that it is accessible via a public network; and (v) use any back-up or archival copies of the Software (or allow someone else to use such copies) for any purpose. 7. Because the Software may contain defects, You are responsible for establishing backup, log, batch, review and other procedures controls appropriate to maintain the integrity and continuity of Your operations. Liviatan Projects is under no obligation to make any changes and/or modifications to the Software, or to any part thereof, if and as suggested by You. Liviatan Projects reserves the right, without prior notice, to discontinue work on the Software and/or to revise the Software so it provides different features and/or different environment configurations. 8. THE SOFTWARE MAY CONTAIN DEFECTS, FAIL TO COMPLY WITH ITS SPECIFICATIONS, AND PRODUCE UNINTENDED OR ERRONEOUS RESULTS. YOU SHALL BE RESPONSIBLE FOR ANY USE OF THE SOFTWARE AND FOR VERIFYING ANY OUTPUT RESULTING FROM USE OF THE SOFTWARE IF YOU INTEND TO USE OR RELY ON SUCH OUTPUT. THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. ACCORDINGLY, Liviatan Projects DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (NOT Liviatan Projects) SHALL ASSUME THE ENTIRE COSTS OF ALL NECESSARY SERVICING, REPAIR, CORRECTION AND/OR RE-CONSTRUCTION. 9. IN NO EVENT SHALL Liviatan Projects, ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, PARTNERS, OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY RESPECT FOR ANY COSTS OR DAMAGES ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY ACTUAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, USE, DATA, GOODWILL OR BUSINESS OPPORTUNITIES OF ANY KIND OR NATURE WHATSOEVER, ARISING IN ANY MANNER FROM ANY CAUSE OF ACTION OR CLAIM RELATING TO THIS AGREEMENT AND TO THE USE OF THE SOFTWARE. YOUR SOLE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH THE SOFTWARE IS TO DISCONTINUE USING IT. 10. You may terminate the License and this Agreement at any time by destroying the Software and all copies thereof. This Agreement will terminate immediately without notice from Liviatan Projects upon the earliest of: (i) if You fail to comply with any of the terms of this Agreement; or, (ii) the written demand of Liviatan Projects, for convenience and without cause. Upon termination You must destroy/erase/delete/expunge, or return to Liviatan Projects the Software, and any part thereof. The terms of this Agreement regarding the protection and security of the Software shall remain in full force and effect after expiration or termination of this Agreement, for an unlimited period thereafter. 11. This Agreement is governed only by the laws of the State of Israel, excluding its conflict of law rules, and only the courts in Tel-Aviv, Israel shall have the exclusive jurisdiction in any conflict or dispute arising out of this Agreement. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE AGREEMENT 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. Last revised: March 28th 2010
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