Babylon Terms of Use

• Babylon Website
• Babylon Software
• Babylon Toolbar
• Babylon IM

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 Licensee¿s 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, 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 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 Ltd¿s servers. This Product may not be distributed on CD-ROM, disk, or other physical
media for a fee or otherwise without the prior permission of Babylon 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, 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 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
Service¿s 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 NON-
INFRINGING. 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 NON-
INFRINGEMENT 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.

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