PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT
CAREFULLY BEFORE OPENING THE PACKAGE CONTAINING THIS COMPUTER
SOFTWARE - "eSafe", (THE "PROGRAM"), AND/OR BEFORE DOWNLOADING OR
INSTALLING THE PROGRAM, AND INDICATE YOUR ACCEPTANCE BY CHOOSING ôI
ACCEPTö. THE PROGRAM IS COPYRIGHTED AND LICENSED (NOT SOLD). BY
CHOOSING "I ACCEPT", YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY ALL
THE TERMS OF THIS LICENSE AGREEMENT. THIS LICENSE AGREEMENT
REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PROGRAM, BETWEEN
YOU AND ALADDIN KNOWLEDGE SYSTEMS LTD. ("LICENSOR"), AND IT
SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING
BETWEEN THE PARTIES. You may print and keep a copy of this Agreement.
This Agreement has 3 sections:
Section I applies if you are downloading or using the Program free of
charge for evaluation purposes only.
Section II applies if you have purchased or have been otherwise granted
by Licensor a license to use the Program.
Section III applies to all grants of license.
SECTION I -- TERMS APPLICABLE TO GRANT OF EVALUATION LICENSE
License Grant. Licensor hereby grants to you, and you accept, a
nonexclusive license to use the Program in machine-readable, object
code form only, free of charge, for the purpose of evaluating whether
to purchase an ongoing license to the Program and only as authorized
in this License Agreement.
The evaluation period is limited to a maximum of thirty (30) days.
If you are using the Program free of charge, you are not entitled to
hard-copy documentation or support. You may use the Program, during
the evaluation period, in the manner described in Section III below
under "Extent of Grant."
DISCLAIMER OF WARRANTY
The Program is provided on an "AS IS" basis, without warranty of any kind.
IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SATISFACTION AND
MERCHANTABILITY SHALL NOT APPLY. SOME JURISDICTIONS DO NOT ALLOW
EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY
TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
The entire risk as to the quality and performance of the Program is
borne by you. This disclaimer of warranty constitutes an essential part
of the agreement. If you initially acquired a copy of the Program without
purchasing a license and you wish to purchase a license, contact Licensor
on the Internet on http://www.esafe.com or call us at +972-3-6362222
SECTION II -- APPLICABLE TERMS WHEN GRANTED A LICENSE
License Grant. Subject to the terms and conditions specified hereunder,
and if you have been granted a license to use the eSafe Desktop product,
or if you have been granted a license to use eSafe Corporate products
(eSafe Enterprise, eSafe Gateway, eSafe Mail), subject to payment of
applicable license fees, Licensor hereby grants to you, and you accept,
a nonexclusive license to use the Program in machine-readable, object
code form only, and the accompanying documentation ("Documentation") in
the manner described in Section III below under "Extent of Grant."
Limitation of Warranty. Licensor warrants, for your benefit alone, that
for a period of ninety (90) days from the date of obtaining the Program
(referred to as the "Warranty Period"), the Program, if operated as directed, shall operate substantially in accordance with the functional specifications
in the Documentation. Licensor does not warrant, however, that your use of
the Program will be uninterrupted or that the operation of the Program
will be error-free or secure. Licensor's sole liability for any breach of
this warranty shall be, in LicensorÆs sole discretion: (i) to replace or
repair your defective Program; or (ii) to refund the price paid by you
for the Program. Any replacement or repaired Program will be warranted
for the remainder of the original warranty period or 30 days, whichever
is longer. Only if you inform Licensor in writing of your problem with
the Program during the applicable Warranty Period and provide evidence
of the date you purchased a license to the Program, will Licensor be
obligated to honor this warranty. Licensor will use reasonable commercial
efforts to repair, replace or refund pursuant to the foregoing warranty
within 30 days of being so notified. You agree that the foregoing
constitutes your sole and exclusive remedy for breach by Licensor of any
warranties made under this Agreement.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE PROGRAM AND THE
DOCUMENTATION ARE LICENSED "AS IS", AND LICENSOR DISCLAIMS ANY AND ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT OF THIRD
PARTIES' RIGHTS; NO LICENSOR DEALER, DISTRIBUTOR, RESELLER, AGENT, OR
EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR
ADDITIONS TO THIS WARRANTY.
If any modifications are made to the Program by you during the warranty
period; if the media is subjected to accident, abuse, or improper use;
or if you violate the terms of this Agreement, then this warranty shall
immediately be terminated. This warranty shall not apply if the Program
is used on or in conjunction with hardware or Program other than the
unmodified version of hardware and Program with which the Program was
designed to be used as described in the Documentation.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER
LEGAL RIGHTS THAT VARY BY JURISDICTION.
SECTION III -- TERMS APPLICABLE TO ALL GRANTS OF LICENSE
Extent of Grant
Program: The Program may not be used and installed on a number of computers
exceeding the number of licenses granted. If you wish to install the Program
on additional computers additional licenses must be purchased.
Network: A license for the Program may not be shared. Neither concurrent
use on two or more computers, nor use in a local area network or other
network is permitted without separate authorization and the payment of
other license fees for each computer on which the Program is used or to
which it is distributed.
Back-up: Upon loading the Program into your computer, you may retain the
Program Diskettes for backup purposes. In addition, you may make a single
copy of the Program on a second set of diskettes (or on cassette tape)
for the purpose of backup in the event the Program diskettes are damaged
or destroyed. Any such copies of the Program shall include Licensor's
copyright and other proprietary notices including a copy of this End User
License Agreement. Except as authorized under this paragraph, no copies
of the Program or any portions thereof may be made by you or any person
under your authority or control.
Limitations: You may not: (i) modify, translate, reverse engineer,
decompile, disassemble (except to the extent applicable laws specifically
prohibit such restriction), or create derivative works based on the Program;
(ii) place the Program onto a server so that it is accessible via a public
network.
Rental: You may not rent or lease the Program.
Transfer: Other than explicitly permitted herein, you may not rent,
lend or lease the Program. If the license granted if for a single computer,
you may permanently transfer all of your rights under this Agreement only
as part of a sale or transfer of your computer, provided you retain no
copies, you transfer all of the Program and the Documentation, and, the
recipient agrees to the terms of this Agreement. If the Program is an
upgrade, any transfer must include all prior versions of the Program.
Intellectual Property. You acknowledge and agree that the Program and the
Documentation, including any revisions, corrections, modifications,
enhancements and/or upgrades thereto, are LicensorÆs property protected
under copyright laws and treaties. You further acknowledge and agree that
all right, title, and interest in and to the Program, including associated
intellectual property rights (including, without limitation, copyrights,
trade secrets, trademarks, etc.), evidenced by or embodied in and/or
attached/connected/related to the Program (including, without limitation,
the code) , are and shall remain with Licensor. This License Agreement does
not convey to you an interest in or to the Program, but only a limited right
of use revocable in accordance with the terms of this License Agreement.
Nothing in this Agreement constitutes a waiver of Licensor's intellectual
property rights under any law.
You may not copy the Documentation.
Termination. Without prejudice to any other rights, Licensor may terminate
this license upon the breach by you of any term hereof. Upon such
termination by Licensor, you agree to destroy, or return to Licensor,
the Program and the Documentation and all copies and portions thereof.
Limitation of Liability. LicensorÆs cumulative liability to you or any
other party for any loss or damages resulting form any claims, demands,
or actions arising out of or relating to this Agreement shall not
exceed the license fee paid to Licensor for the use of the Program.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT,
OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIERS OR RESELLERS OR AGENTS BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERUPTION, COMPUTER FAILURE
OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION,
DAMAGES FOR PERSONAL INJURY OR ANY AND ALL OTHER COMMERCIAL
DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES
IN EXCESS OF THE AMOUNT LICENSOR RECEIVED FROM YOU FOR A LICENSE TO
THE PROGRAM, EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION
MAY NOT APPLY TO YOU.
Export Controls. None of the Program or underlying information or
technology may be downloaded or otherwise exported or reexported (i) into
(or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran,
Syria or any other country to which the U.S. has embargoed goods; or (ii)
to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Denial Orders.
By downloading or using the Program, you are agreeing to the foregoing
and you are representing and warranting that you are not located in, under
the control of, or a national or resident of any such country or on any
such list.
Miscellaneous
If the copy of the Program you received was accompanied by a printed or
other form of "hard-copy" End User License Agreement whose terms vary
from this Agreement, then the hard-copy End User License Agreement governs
your use of the Program. This Agreement represents the complete agreement
concerning this license and may amended only by a writing executed by both
parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY
YOU, IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET
FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this
Agreement is held to be unenforceable, such provision shall be reformed only
to the extent necessary to make it enforceable. This Agreement shall be
construed and governed in accordance with the laws of Israel (except for
conflict of law provisions). The application of the United Nations Convention
of Contracts for the International Sale of Goods is expressly excluded.
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.
I HAVE READ AND UNDERSTOOD THIS LICENSE AGREEMENT AND AGREE TO BE
BOUND BY ALL OF THE TERMS.
Please indicate your acceptance by choosing 'I accept'.
