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Babylon Terms of Use

  • Babylon Website
  • Babylon Software
  • Babylon Toolbar

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 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 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. Additionally, you further acknowledge and agree that Babylon, through its affiliated third party's component named Wizebar (the name of such component may change from time to time) embodied within Babylon Toolbar (the "Component"), may trace, process and trade workstation's visiting websites data with its affiliated third party contractors and/or service providers, which may, following the receipt of such workstation's visiting websites data, store such information in their data base; and thereafter send each workstation relevant advertisements and/or offers from third parties; all according to each workstation's visiting websites data profile. During the downloading process of the Component, which is bundled within the Babylon Toolbar, User shall be notified that following the downloading of the Babylon Toolbar, his/her workstation may receive relevant advertisements and offers of services in accordance with his/her workstation's visiting websites date profile. User is free, at all times, to opt-out from his/her workstation receiving such advertisements and offers of services by taking the following alternative steps:
1. Uncheck the box of receipt of such advertisements and offers; or
2. Remove the Babylon toolbar from the Add/remove dialog on the operating system; or
3. Disable receipt of such services by following the "Disable Page" on the Babylon toolbar.

For further details about the privacy policy practiced by the Component provider, please refer to its privacy policy: wizebar.com/PrivacyPolicy.htm. We encourage You to examine such privacy policy practice periodically as it may vary from time to time.

As we aggregate this type of information about all of our Users, we offer aggregated summaries to our advertisers and other interested parties so that they can learn what products and services are most popular to consumers.
European Union Users understand and consent to the processing of personal information in United States.

14. Term & Termination
These Terms of Use are effective upon the User's entering or using the Website or Service and remain in effect unless changed by Babylon. Babylon may, at any time, terminate this Agreement and/or terminate the User's access to any part or all of the Service without any advance notice. Termination of these Terms and Conditions by Babylon will be effective on the day that Babylon gives notice of such termination to the User. Babylon will be entitled to change or discontinue any or all of the Service and/or any pricing (if any) relating to the Service at any time, or to modify these Terms and Conditions at any time.

15. Indemnity
At Babylon's request, the User agrees to defend, indemnify and to hold harmless Babylon, its licensors, officers, directors and employees from any losses, claims and liabilities (including attorney's fees) which may arise from your use of the Service and/or material obtained from or through any Service provided on the Website, or from your breach of these rules. You further agree that Babylon is not responsible, and shall have no liability to you, for any material posted by others, including defamatory, offensive, or illicit material, and that the risk of damage from such material rests entirely with you. Furthermore, Babylon is not responsible for claims arising from the User's use of the Service or the User's breach of this Agreement, including, without limitation, claims of copyright infringement, patent infringement, misappropriation of trade secrets, libel, slander, trade libel, defamation, harassment, invasion of privacy or fraud. 16. Notices
Notices to the User may be made via either email or regular mail. Babylon may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices generally through the Website.

17. Receipt of Updates and Commercial Material
You agree to receive Babylon's updated dictionaries, encyclopedias, commercial offers, advertisement material and news, and realize that your consent to do so is essential to our consent to grant you the license.

18. General
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to the principles of conflict of laws. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. This Agreement shall not be released, discharged, changed or modified in any manner, except by instruments signed by duly authorized officers or representatives of each of the parties thereto.

19. Other Babylon Legal documents
In addition to these Terms of Use, it is important that you read Babylon's Privacy Policy, which is available here.

Babylon Software


Babylon Translation Software License Agreement

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BY CLICKING ON THE "YES" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND THE RELATED AGREEMENTS AS SPECIFIED BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "NO" BUTTON.
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PLEASE READ CAREFULLY: this license agreement includes the terms and conditions of use for Babylon 9 ("Babylon 9"). Babylon 9 may be licensed under different configurations: (a) paid version, or free trial version, (b) retail or corporate use, (c) limited period of use of one year or an unlimited period or for a trial period (d) Browser plug-in version. Generally, all provisions herein apply to all configurations but where specifically stated certain parts will apply only to specific configurations (e.g. trial version). YOUR APPLICABLE CONFIGURATION SHALL BE DETERMINED ACCORDING TO THE PRODUCT BABYLON AGREED TO PROVIDE TO YOU AND IN THE CASE OF THE PAID VERSION- SUBJECT TO THE PAYMENT THEREFOR.

BABYLON LTD. LICENSE AGREEMENT
Carefully read all the terms and conditions of this Product License Agreement prior to installing this software. If you do not agree to these terms and conditions, you may not install this software, please do not commence the installation process and destroy any file relating to the software in your possessions and your money will be refunded. No refunds will be given for Products which have already been installed. Only if you accept each of the terms below should you install this software. For the purposes of this Agreement the word "Product" includes all software, diskettes and any other media and documentation supplied by Babylon Ltd. (referred to as "Babylon") as part of this software. Where provided by Babylon Ltd. including the Babylon Box (as such term is defined below) pursuant to this Agreement, only the original Licensee will be entitled to updates, developments and deployments, if at all, as specified herein.

LICENSES
Babylon 9, paid version, corporate/retail: In consideration of the payment by you of the fee in relation to the Product, Babylon Ltd grants to you a non-transferable, non-exclusive license to use the Product. Babylon Ltd. also offers you the opportunity to purchase Babylon 9 in a box (the "Babylon Box"). The use of the Product is subject to the following conditions:

Babylon 9, free trial version, corporate/retail: Babylon Ltd grants to you a non-transferable, non-exclusive revocable license to use the Product subject to the following conditions:
Babylon 9, limited version, retail only: Babylon Ltd grants to you a non-transferable, non-exclusive revocable license to use the Product for personal use subject to the following conditions:
Note: you may verify your class of license in your Product at: Menu>Help>About Babylon.

GENERAL COPYING RESTRICTIONS
YOU MAY:
a. Use the Product as licensed as follows: RETAIL use: by a single workstation only (one license per one workstation); CORPORATE use: according to the number of workstations paid for to Babylon Ltd. The Product is delivered in a manner to provide for the use by a single workstation. This does not include use on a computer network. Working with Babylon 9 on a network requires a separate license (Babylon Server License). You may not use the Product for more than one workstation unless you paid to Babylon Ltd the appropriate license fee; in the event there is more than one single workstation using the Product, then you must pay a license fee for each additional workstation. In the event that you have any questions regarding the number of users permitted you should immediately contact Babylon Ltd.

b. Copy the Product for backup purposes as appropriate.
c. Transfer the Product and entire license permanently to another person if that person agrees to accept all of the terms and conditions of this Agreement. If you transfer the Product you must at the same time either transfer all copies of the Product to the same person, or destroy any copies not transferred.
d. Terminate this license by destroying the original and all copies of the Product in whatever form.

YOU MAY NOT:
a. Loan, rent, lease, give, sub-license or otherwise transfer the Product (or any copy) in whole or in part, to any other person, except as noted in paragraph c (Transfer) above.
b. Copy or translate the User Manual, training materials or any other documentation included with the Product.
c. Copy, alter, translate, decompile or reverse engineer the Product, including but not limited to, modify the Product to make it operate on non-compatible hardware or software.
d. Remove, alter or cause not to be displayed, any trademarks, copyright notices or start-up messages contained in the programs and/or documentation.
THIS LICENSE WILL TERMINATE AUTOMATICALLY if you fail to comply with the terms and conditions set forth above.

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

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

BACK-UP CD
Babylon offers End Users who have purchased Babylon 9 the opportunity to order a backup CD of the Product (the Backup CD) to be sent to them.

Babylon makes no representations or warranties of any kind whatsoever with respect to the operation, performance, or use of any Backup CD. Backup CDs are provided by Babylon on an AS IS, WHERE IS, WITH ALL DEFECTS basis. BABYLON HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES WITH RESPECT TO BACKUP CDS, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

General Disclaimer:
THE BABYLON WEBSITE, THE SERVICES, AND ANY OTHER MATERIALS PROVIDED BY BABYLON OR THIRD PARTIES ARE PROVIDED "AS IS." BABYLON MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OF THE SITE OR SERVICES, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING, WITHOUT LIMITATION, THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY OF THE CONTENT, MATERIALS, TRANSLATIONS OR SERVICES PROVIDED THROUGH THE SITE.

BABYLON SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE, OR ANY LOSS INCURRED IN CONNECTION WITH YOUR USE OF THE SITE OR, OR ANY DAMAGE OR LOSS DUE TO INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE, OR DELIVERY OF TRANSLATIONS, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF BABYLON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

UNLESS YOU CHOOSE OTHERWISE, DURING THE Babylon 9 INSTALLATION PROCESS, THE BABYLON TOOLBAR AND SEARCH HOME PAGE SHALL BE INSTALLED ON YOUR COMPUTER.

ADDITIONAL TERMS AND RESTRICTIONS OF USE FOR THE BABYLON TRIAL VERSION (CORPORATE/RETAIL)
Babylon Ltd may, at its sole discretion, at any time, without prior notice and temporarily or permanently:
(i) terminate, limit or deny the License;
(ii) change, reduce or limit the functionality and features of the Product;
(iii) create different priorities or grades for different users;
(iv) introduce new features that may cause functionality change in earlier versions;
(v)Terminate the Text Translation services;
(vi) condition the continuation of the License on your accepting Product improvements, corrections, adaptations, or changes, or accepting revised or new terms of License, as will be made available on or through the Babylon Ltd website.
The latest trial version of the Product may be distributed freely on online services, bulletin boards, or other electronic media as long as the files are distributed in their entirety only by providing a link to files residing on Babylon Ltds servers. This Product may not be distributed on CD-ROM, disk, or other physical media for a fee or otherwise without the prior permission of Babylon Ltd.

ADDITIONAL TERMS AND RESTRICTIONS OF USE FOR THE BABYLON LIMITED VERSION (RETAIL ONLY)
Babylon Ltd may, at its sole discretion, at any time, without prior notice and temporarily or permanently:
(i) terminate, limit or deny the License;
(ii) change, reduce or limit the functionality and features of the Product;
(iii) create different priorities or grades for different users;
(iv) introduce new features that may cause functionality change in earlier versions;
(v)Terminate the Text Translation services;
(vi) condition the continuation of the License on your accepting Product improvements, corrections, adaptations, or changes, or accepting revised or new terms of License, as will be made available on or through the Babylon Ltd website.
The latest trial version of the Product may be distributed freely on online services, bulletin boards, or other electronic media as long as the files are distributed in their entirety only by providing a link to files residing on Babylon Ltds servers. This Product may not be distributed on CD-ROM, disk, or other physical media for a fee or otherwise without the prior permission of Babylon Ltd.
The limited version may be used for personal use only and may not be used for commercial purposes and by a corporate or a commercial entity.

PROPRIETARY RIGHTS OF BABYLON LTD
The Babylon Ltd logo, Product name, Product manuals, training materials, documentation and other support materials are either patented, copyrighted, trademarked or owned by Babylon Ltd as trade secrets and/or proprietary information. Babylon Ltd retains exclusive ownership of the Babylon Ltd Product, of the Babylon Ltd printed materials and of the Babylon Ltd trademarks. All techniques, algorithms and processes contained in Babylon Ltd's Product or any modification or extraction thereof constitute trade secrets and/or proprietary information of Babylon Ltd and will be protected by this Agreement.

LIMITED WARRANTY FOR PAID CONFIGURATION ONLY:
a. The magnetic media, if the software is provided with such media, and documentation enclosed herein are warranted to be free of defects in materials and workmanship under normal use for a period of 60 (sixty) days from the date of purchase. In the event of notification, within the warranty period, of defects in materials or workmanship, your sole and exclusive remedy and Babylon Ltd's sole and exclusive obligation is to replace the defective magnetic medium or documentation at no cost to you.
b. The Product will perform substantially in accordance with its enclosed documentation, if any, for a period of 60 (sixty) days from the date of purchase. In the event of notification, within the warranty period, of a failure of the Product to perform in accordance with such documentation, your sole and exclusive remedy and/or Babylon Ltd's or any Babylon Ltd Product distributor's or dealer's sole and exclusive obligation shall be, at Babylon Ltd's option either (i) to replace the Product or the documentation so that the Product will perform substantially in accordance with the documentation, or (ii) to refund to you the amount paid by you for the copies of the Product that you purchased.

Refund Policy for Private Users
A refund will be granted only after a detailed request has been submitted to Babylon within 14 days of payment, and at Babylon’s full discretion All refunds are subject to a handling fee of 5 Euro / USD.
No refunds will be granted for monthly subscriptions.
A monthly subscription may be cancelled, meaning no automatic renewals shall be made from the date of request.

TRIAL VERSION DISCLAIMER: NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE Babylon 9 FREE TRIAL VERSION IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
c. EXCEPT AS SPECIFIED IN THIS PARAGRAPH THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE PROGRAMS, DOCUMENTATION AND OTHER FILES ON THE MEDIA ARE PROVIDED "AS IS". (Some states do not allow the exclusion of implied warranties so the above exclusion may not apply to you).
d. THESE ARE YOUR SOLE AND EXCLUSIVE REMEDIES for any and all claims that you may have against Babylon Ltd or any distributor or dealer of Babylon Ltd Product(s) arising out of or in connection with the Product, whether made or suffered by you or another person and whether based in contract or tort.
e. IN NO EVENT WILL BABYLON, OR ANY DISTRIBUTOR OR DEALER OF BABYLON PRODUCT(S), BE LIABLE TO YOU FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF A BREACH OF THIS WARRANTY OR YOUR USE OF THE PRODUCT(S), INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS, EVEN IF BABYLON, OR ITS DISTRIBUTOR OR DEALER, HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. (Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you).
Under no circumstances will Babylon Ltd's total liability to you of all kinds arising out of or related to this license Agreement (including but not limited to any warranty claims hereunder), regardless of the form, and regardless of whether any action or claim is based in contract, tort or otherwise, exceed the total purchase price paid by you for the right to use a single copy of the Product(s). Babylon Ltd's Product's pricing reflects the allocation of risk and the limitation on liability contained in this Limited Warranty.
f. Because it is impossible for Babylon Ltd or the distributors or dealers of Babylon Ltd Product(s) to know the purposes for which you acquired this Product or the uses to which you will put this Product, you assume full responsibility for the selection of the Product, and for its installation and use and the results of that use.
g. While every reasonable effort has been made to ensure that you will receive a Product that you can use and enjoy, neither Babylon Ltd nor the distributors and dealers of Babylon Ltd Product(s) warrant that the functions of the Product will meet your requirements or that the operation of the Product will be uninterrupted or error-free. Due to the complex nature of computer programs, the Product in this package (like all large programs) will probably never be completely error-free.
h. This Limited Warranty does not cover any magnetic medium, if exists, which has been the subject of abuse or damage, nor does it cover any Product, which has been altered or changed by anyone other than Babylon Ltd.
i. Neither Babylon Ltd nor the distributors and dealers of Babylon Ltd Product(s) are responsible for problems caused by changes in the operating characteristics of the hardware or operating system software you are using which are made after the release date of this version of the Product, nor for problems in the interaction of the Product with any other software.
j. No action for breach of warranty may be commenced more than 1 (one) year following the expiration date of the above Limited Warranty.

SUPPORT
Babylon Ltd may from time to time revise or update its Products. Such updates and revisions may be supplied separately for a fee according to Babylon Ltd's then prevailing update prices, policies, terms and conditions. Babylon Ltd is not obligated to make any Product revisions or to supply them. Babylon Ltd may from time to time offer special support programs. Licensee may purchase support and maintenance from Babylon Ltd according to the then prevailing Babylon Ltd rates, terms and conditions.

In order to receive information about such revisions and/or updates and/or special support plans, you must complete the enclosed registration card and return it to Babylon Ltd.

Any additions or changes to the Product shall be governed by this Agreement, and may be governed by additional terms and conditions supplied with such addition or change.

TERM OF LICENSE
FOR THE ONE YEAR LIMITED LICENSE: This license shall be valid for one year from the purchase date of the Product and shall automatically terminate at the end of such term year, unless earlier terminated as provided for herein. FOR THE TRIAL VERSION: This license shall be valid for 30 days unless earlier terminated as provided for herein. Licensee may terminate this License by destroying the programs and documentation and all copies thereof. If any of the terms and conditions of the Agreement are violated by the Licensee, in addition to all other legal rights and remedies, Babylon Ltd may terminate this license. Upon termination, Licensee shall destroy the Product. The provisions of this license, which protect the proprietary rights of Babylon Ltd, shall remain in force after the termination of this Agreement.

SOFTWARE PRE-REQUISITS
You acknowledge that the use of the Product may require one or more compatible devices, Internet access, and certain software, and may require obtaining updates or upgrades from time to time. Because use of the Product involves hardware, software, and Internet access, your ability to use the Product may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
You acknowledge that the functionality of the Babylon Spell-Check requires that the Microsoft Internet Explorer© and the correct language dictionary be installed on your computer.

AUTO-COMPLETION
The Product's Automatic text completion ("Auto-Completion") feature enabling the text you type to be completed automatically requires that the right language dictionary be installed on your computer.

ACKNOWLEDGMENT
Licensee acknowledges reading this Agreement, understanding it, and agrees to be bound by its terms and conditions. Licensee also agrees that this Agreement is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, verbal or written, and any other communications between the parties relating to the subject matter of this Agreement.

GOVERNING LAW AND FORUM SELECTION
The validity of this Agreement and the rights, obligations and relations of the parties shall be construed and determined in accordance with the laws of the State of Israel.
You acknowledge that any action or suit brought to enforce any right or remedy of this Agreement shall be subject to the exclusive jurisdiction and venue of the State of Israel.

U.S. GOVERNMENT RESTRICTED RIGHTS
The Product and any accompanying documentation are provided with restricted rights. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (b) (3) and (c) (1) (ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227 - 19, as applicable. Contractor/manufacturer is Babylon Ltd Ltd., 10 Ha'ta'asiya St., Or-Yehuda, Israel.

TERMS OF USE OF BABYLON LTD GLOSSARIES AND OTHER THIRD PARTY MATERIAL
The Product enables you to use, and Babylon Ltd may make available to you, certain third party materials in the form of glossaries full text translation or otherwise (Third Party Material). Such Third Party Material is generally not copyrighted by Babylon Ltd, and is the property and responsibility of its respective owners.
The use of such Third Party Material may be subject to further use restrictions as may be attached to it, including additional charges, and by using the Third Party Material you agree to be bound by such additional restrictions. The use of Third Party Material is subject to you having a valid license for the Product. In view of possible copyright restrictions, the terms of this license shall apply, mutates mutandis, to the benefit of Babylon, to your use of the Third Party Material, as if such Third Party Material was a trial version product as referred to herein.

THE BABYLON WEBSITE, THE SERVICES, AND ANY OTHER MATERIALS PROVIDED BY BABYLON OR THIRD PARTIES ARE PROVIDED "AS IS." BABYLON MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OF THE SITE OR SERVICES, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING, WITHOUT LIMITATION, THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY OF THE CONTENT, MATERIALS, TRANSLATIONS OR SERVICES PROVIDED THROUGH THE SITE.
BABYLON SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE, OR ANY LOSS INCURRED IN CONNECTION WITH YOUR USE OF THE SITE, OR ANY DAMAGE OR LOSS DUE TO INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE, OR DELIVERY OF TRANSLATIONS, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF BABYLON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

ADDITIONAL TERMS AND RESTRICTIONS

The Services offered are Automatic Translation Services ("Service/Text Service") in which translation is conducted by software and technologies available on the website, without any human intervention.

You may not, without express written permission from Babylon Ltd, mirror the pages available on the website or any results pages thereof on your website or on any device that allows Internet access, including, without limitation, Personal Digital Assistants (PDA's) or mobile phones.

You understand that Babylon does not review the Source Material(s) translated
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