BY CLICKING ON THE "YES" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "NO" BUTTON. ============================================================ Babylon Ltd. (hereinafter "Babylon") grants you a non-exclusive license to use this software ("Software") in a FREE (TIME LIMITED) EVALUATION VERSION ONLY and the software is provided on an "AS IS" basis, for your private personal use only. You agree not to reverse engineer, decompile, disassemble, alter, duplicate, distribute for profit, or make copies of the Software. By accepting the terms of this license agreement you agree that Babylon is permitted to limit, deny or cancel some or all of the functionality of the Software at any time, without prior notice. This License does not entitle you to hard-copy documentation, support or telephone assistance. While Babylon intends to distribute a commercial release of the Software, Babylon reserves the right at any time not to issue a commercial release of the Software or, if released, to alter prices, features, licensing terms, or other characteristics of the commercial release. As part of the Software, Babylon is granting limited access to the Babylon Single Click Translator ("BSCT") system ("BSCT System"). The BSCT System may also be accessible by other software applications and may be published on the Babylon website. Babylon makes no warranty or guarantee as to the availability, reliability or accuracy of the BSCT System (including, but not limited to, its translation and conversion features with respect to language, currencies, time and units of measurement) to you or any other user. This access granted to you or any other user can be terminated, limited or denied at any time, temporarily or permanently, with no advance notice. The BSCT System functionality, including but not limited to that of the software and servers, may be changed, reduced or limited at any time. Babylon may elect to grant different grades of service at any time without prior notice at its sole discretion. Babylon may elect in its sole discretion to condition the continuation of access to the BSCT System on you accepting Software improvements, corrections, adaptations, or changes to the BSCT System. By using the BSCT System, you agree to and acknowledge the following: 1) The details you elected to post during the registration procedure or thereafter are property of Babylon and Babylon reserves the right to use them as it shall see fit.; 2) Babylon may choose to provide third parties with the content provided by you on the BSCT System or any part thereof, for advertising purposes or any other use; 3) Babylon may gather statistics and other information concerning the use of, and originating from, the BSCT System, Software, servers, and/or the Babylon website, as well as registration parameters provided by you, your software and configuration, including but not limited to, the daily usage of Babylon by each user, provided that, if published, will be done only in aggregate form, without user names; 4) Information provided or related to by you may serve for the purpose of target advertising, co-registration to other services by Babylon or other parties, provided that if names are part of this information, you have been given advanced opportunity to request that your name be omitted; 5) Not to use or rely on the Software, the BSCT System, Babylon website, or any other program, information or service provided by Babylon whatsoever relating thereto, including but not limited to, translations and conversion rates or results for "mission critical" or "content sensitive" applications and use. "Mission critical" applications and use shall mean applications and use that may result in damage if failed; "content sensitive" shall mean any information or data you do not wish to be freely accessible and generally available to Internet users. By using the BSCT System you agree to comply with any legal obligations, including but not limited to, obligations imposed by copyright, secrecy, defamation, decency, privacy and export laws. Babylon is not responsible and or liable for any information, including without limitation, the databases and user posted website material, submitted on the Babylon website. Babylon may erase, remove, delete, delay, jam or alter such information without prior notice, for functional or any other reasons. Babylon does not wish to receive any confidential, secret or proprietary information and material from you through Babylon' website, mail and e-mail addresses, or in any other way. ANY INFORMATION OR MATERIAL SUBMITTED OR SENT BY YOU TO BABYLON WILL BE DEEMED BY BABYLON NOT TO BE CONFIDENTIAL OR SECRET. By submitting or sending documentation, information or other material to Babylon you (1) warrant that you have no rights of any kind to the materials or the content thereof; that to the best of your knowledge no other party has any rights to the materials or their content; (2) grant Babylon an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials, and you further agree that Babylon is free to use any ideas, know-how, concepts or techniques you send us for any purpose. YOU EXPRESSLY AGREE THAT USE OF THE SOFTWARE AND THE BSCT SYSTEM IS AT YOUR SOLE RISK. THE BSCT SYSTEM IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. BABYLON MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE BSCT SYSTEM, THE SOFTWARE, THE SERVERS' SOFTWARE, ANY SERVICES PROVIDED BY BABYLON, OR ANY INFORMATION POSTED BY USERS ON THE BABYLON WEBSITE. BABYLON DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE BSCT SYSTEM, THE SOFTWARE, OR ANY SERVICES PROVIDED BY BABYLON, IN TERMS OF THE ACCURACY, RELIABILITY, QUALITY, VALIDITY, STABILITY, COMPLETENESS, CURRENTNESS, OR, OTHERWISE, OF THEIR CONTENTS OR PRODUCTS. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE BSCT SYSTEM, THE SOFTWARE, THE SERVERS AND ANY SERVICES IS ASSUMED BY YOU. Babylon does not warrant or guarantee that the functions or services performed by Babylon will be uninterrupted or error-free or that defects in the BSCT program and the BSCT System will be corrected. You hereby acknowledge that you are aware that by downloading the BSCT System and Software from the Babylon website or from any other website, you might be exposed to infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties. It is your sole responsibility to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage your information or system. You acknowledge that you are aware of security and privacy limitations arising from usage of the Internet, including but not restricted to the limitation of security, privacy and authentication measures. The entire risk as to the quality and performance of the BSCT System and the accuracy, adequacy, completeness, correctness, validity and quality thereof or of any other information is with you. For convenience purposes this program may have been provided to you on a free CD-ROM, or bundled with other products or services. You acknowledge that no payment was made by you for the CD-ROM, and if payments were made, they are made for the products and services and not for the CD-ROM and the BSCT Software. IN NO EVENT WILL BABYLON BE LIABLE TO ANY PARTY (i) FOR 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, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE PROGRAM, THE SERVICE, THE BSCT SYSTEM, OR ANY OTHER 'INFORMATION', EVEN IF BABYLON SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION. IN NO EVENT WILL BABYLON'S LIABILITY WITH RESPECT TO THIS LICENSE AGREEMENT EXCEED THE AMOUNT YOU PAID (IF YOU PAID) TO BABYLON FOR THE SOFTWARE. INFORMATION ON LICENSING USE ON A COMPUTER NETWORK: To use BSCT products on a commercial, educational or governmental agency network, it is necessary to purchase a NETWORK LICENSE. The Network License allows the organization to use the Software package on the number of computers licensed. Network License fees are based on the total number of computers that will use the Software package. The Network License allows you to copy it for the number of machines licensed. Distributing, repackaging, or reselling of the Software to third parties is not permitted. All licenses are prepaid. For further information please contact info@babylon.com. Copyright (c)1997-2000 Babylon LTD. All Rights Reserved http://www.babylon.com