IMPORTANT NOTE: To use the Net-Express service, you must agree to the following Net-Express Software License Agreement.
BY CLICKING ON THE "I AGREE" 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 "I DON'T AGREE" BUTTON.
If you do not agree to this Agreement, you are not an authorized user of the software, and it is your solely responsibility to remove the Net-Express Internet software from your system.
***** THE NET-EXPRESS INTERNET SOFTWARE LICENSE AGREEMENT *****
This Net-Express Internet Software Agreement ("Agreement") for the Net-Express Internet software and related documentation ("Software") and indexes, databases, sites lists, metadata, and any other information and content ("Information") that Net-Express generally makes available through the Software as modified, added, or deleted in Net-Express's sole discretion from time to time is your proof of license.
1. GRANT AND TERM OF LICENSE. Subject to your compliance with the terms of this Agreement, Net-Express Ltd. ("Net-Express") grants to you a personal, nonexclusive, nontransferable and royalty-free right to install and use the Software and receive the Information solely for your lawful personal use. The Software may be installed only on (a) computers controlled by you, or (b) a network server allowing only you and other persons who have agreed to the terms and conditions of this Agreement to access the Software and the Information. The right to use the Software and receive the Information is not transferable. This Agreement and the license granted in it shall continue until Net-Express announces its termination, and will terminate automatically if you fail to comply with the limitations described in this Agreement. Upon any termination, or if you should give up your personal use and control of the computers on which the Software is installed, you agree to destroy all copies of the Software and the Information and any related materials in any form.
2. COPYRIGHT.
(a).PRODUCTS. The Software is owned by Net-Express and is protected by copyright laws, international treaty provisions and other intellectual property laws. Therefore, you must treat the Software like any other copyrighted material (e.g. a book or musical recording) except that you may make one copy of the Software solely for backup purposes which includes all copyright and trademark notices. You are not permitted to copy the Software for archival purposes.
(b).INFORMATION. The Information is also protected by copyright and other intellectual property laws. All rights (including but not limited to copyright), title and interest in the Information are reserved to and owned by Net-Express.
3.OTHER RIGHTS. The Software and the Information shall be considered confidential information of Net-Express and shall not be disclosed by you to any third party who has not agreed to the terms of this Agreement in the manner specified by Net-Express. You may not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software or/and the Information, or remove any proprietary notices or labels it contains. All applicable rights and future rights to patents, copyrights, trademarks and trade secrets in the Software and the Information or any modifications to it shall be and remain in Net-Express.
4. OTHER OBLIGATIONS AND RESTRICTIONS.
a). You are responsible for obtaining and maintaining at your own expense all telephone or other communications links, computer hardware and other equipment or facilities needed for access to and use of the Software and the Information. The Information may be used for your personal, non-commercial use only; you must not use the Information in or in connection with any business or commercial enterprise, including without limitation any securities, investment, accounting, banking, legal or media business or enterprise.
b). You must not reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the Information in any form to anyone, including but not limited to others in the same company or organization or to newsgroups, mail lists or electronic bulletin boards. You must not alter or modify the Information by any means.
c). By accepting this agreement, or using the Software or the Information, by any means, you agree that you have meet and, as long as you use the software or the Information, will continue to meet, the conditions described above. You accept full responsibility for making sure that your use of the Net-Express software and Information does not constitute a violation of any copyright law and other intellectual property laws. Further, if your use of the Net-Express software, Information or service does lead to a copyright or any intellectual property violation of any kind, the sole responsibility for that violation rests with you.
5. NO WARRANTIES OR LIABILITIES.
(a) PRODUCTS. You expressly acknowledge and agree that use of the Software is AT YOUR OWN RISK and that the Software is provided "AS IS" without any warranties or conditions whatsoever.
(b) INFORMATION. The information is also provided to you "AS IS" without any warranties or conditions whatsoever. Due to the number of sources from which the Information is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in the Information and you assume all such risks.
(c) NET-EXPRESS : (i) HEREBY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OF THE INFORMATION, THE SOFTWARE, ANY COMBINATION OF THE TWO, OR THAT THE OPERATION OF THE SOFTWARE OR THE INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE; (ii) SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR PART BY, OR FAILURES, DELAYS OR INTERRUPTIONS OF, THE INFORMATION, THE SOFTWARE OR THE NET-EXPRESS INTERNET SERVICES PROVIDED BY ANY COMBINATION OF THE FOREGOING;(iii) SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR TRADING LOSSES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SOFTWARE OR THE INFORMATION OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(d) THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND THE INFORMATION IS WITH YOU AND SHOULD EITHER PROVE DEFECTIVE, YOU (AND NOT NET-EXPRESS) WILL BEAR THE ENTIRE COSTS OF SERVICING, REPAIR OR CORRECTION OF SUCH DEFECTS.
(e) NET-EXPRESS SHALL HAVE NO OBLIGATION TO YOU WITH RESPECT TO ANY CLAIM OF INFRINGEMENT BASED UPON YOUR USE OF THE SOFTWARE AND THE INFORMATION IN COMBINATION, OPERATION OR OTHERWISE WITH DATA OR MATERIALS NOT SUPPLIED BY NET-EXPRESS.
(f) The Information may include facts, views, opinions and recommendations of individuals and organizations and Net-Express does not guarantee or shall be liable on account of the accuracy, defamatory nature, completeness or timeliness of, nor do they otherwise endorse, these views, opinions or recommendations. Net-Express is not responsible to any incorrect Information, inaccurate Information, luck of Information, or any other matter concerning the Information.
6. CHANGED TERMS Net-Express shall have the right at any time to change the terms of this Agreement or require new terms and to change, impose conditions on or discontinue any aspect or feature of the Software, the Information or Net-Express service. Such changes shall be effective immediately upon notification by any means which give you actual knowledge of them or upon posting of such terms on the Software or on the Information, and any use by you of the Software and receipt of the Information after such notice shall be deemed acceptance of them by you.
7. GENERAL This Agreement will governed by the laws of the State of Israel, without reference to conflict of laws principles. This Agreement is the entire agreement between Net-Express and you and supersedes any other communications or advertising with respect to the Software or the Information. If any provision of this Agreement is held unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. The headings used in this Agreement are for convenience only, and shall not be given any legal import.. Any item or service furnished by Net-Express in furtherance of this Agreement, although not specifically identified in it, shall nevertheless be covered by this Agreement unless specifically covered by some other written or electronic agreement accepted by you and an authorized representative of Net-Express or such other party as the case may be.
You agree to comply with all Israel and foreign and laws and regulations which apply to your use of the Software and the Information including without limitation, export control laws and regulations.
**** END OF THE NET-EXPRESS INTERNET SOFTWARE LICENSE AGREEMENT ****
