MobiMateTM Ltd.
© 1999 - 2001 All Rights Reserved MobiMateTM Ltd.
© 2000 – 2001 All Rights Reserved MarilisTM Ltd.
By accepting this End User License Agreement (“Agreement”) for the Software
(defined below) and installing said Software, you are entering into a legally
binding contract between yourself, MobiMate Ltd. and Marilis Ltd. (MobiMate
Ltd. and Marilis Ltd., jointly and severally - “MobiMate”) under the
terms and conditions specified herein below. After accepting the terms of this
Agreement you will be permitted to install and use the Software (defined below)
in accordance with the terms and conditions of this Agreement, which shall terminate
with MobiMate’s prior notice to such an effect.
If you do not accept the terms and conditions of this Agreement, kindly cease
the Software installation process and you are forthwith prohibited from installing
or using the Software.
The software includes registered and unregistered version 1.5 of the Cookiz
Software Application and any other materials attached thereto or downloaded
or accepted therewith, including, but not limited to any computer programs,
text documents, databases and database entries and this Agreement ("Software").
This version of the Software is the exclusive property of MobiMate and is protected
by national and international copyright law, international copyright treaties
and conventions, and other relevant laws.
The Software is a shareware software. As such, you are purchasing a limited,
non-exclusive license to use the Software under the terms and conditions contained
herein and above (the “License”), as follows
- Prior to purchasing the License and receiving a unique “Registration Code”
for the Software you are permitted to freely download the Software and you
are encouraged to distribute the Software to others (the “Unregistered
Version”). The Unregistered Version contains limited access to the Software’s
various features (for the specific limitations which apply to the Unregistered
Version, please see http://www.MobiMate.com/games/faq.shtml).
Such limitations are incorporated by reference into this License and you agree
to them by accepting this Agreement.
- You may NOT sell, market, license, sub-license,
license for fee, rent, lease, lend, develop new applications, enhance, modify,
prepare derivative works, perform, display, affix, reverse engineer, decompile,
disassemble, change and otherwise engage and/or exploit and/or do any act
reserved by MobiMate in connection with the Software and/or any Intellectual
Property contained therewithin, whether registered or not, subject to the
terms and conditions of this License
- After purchasing the License and receiving and entering YOUR unique
“Registration Code”, you may install and use only ONE copy of the Software
on only ONE unique handheld or personal digital assistant (“PDA”)
operating on a Palm Operating System as approved by MobiMate at any given
time (the “Registered Version”).
- Notwithstanding Section 3 above, it is hereby clarified that you may distribute
(at no charge) – “beam” – the Software to third parties, but you may NOT
provide them with the unique “Registration Code” provided to you by MobiMate.
When the Registered Version is beamed to a separate handheld device or PDA,
it is transmitted WITHOUT the unique “Registration Code” and is thus, for
the purposes of beaming, considered an Unregistered Version. MobiMate encourages
you to beam the Unregistered Version of the Software to third parties.
- This License is applicable only to the installation and
use of the Software Version 1.5 of Cookiz. Any upgrades thereof may require
additional license, whether or not for fee, as determined by MobiMate, and
may be subject to different terms of use. It is hereby clarified that this
License applies only to the Software Version 1.5 and not to any upgrades thereof
or other versions not specifically included herein.
- All title and Intellectual
Property rights in and to the Software (including, but not limited to, any
images, drawings, paintings, photographs, animations, video, audio, music
and text), and any copies you are permitted to make herein are the sole property
of and owned by MobiMate and/or Marilis Ltd. (as applicable) and/or any of
its suppliers. You shall neither acquire nor assert copyright ownership or
any other proprietary rights in the Software and/or its component parts or
in any derivation, adaptation, variation or name thereof. Without limitation
to the foregoing, you hereby irrevocably assign to MobiMate and/or Marilis
Ltd. (as applicable) all your worldwide right, title and interest and waive
your moral rights (droite morale), in and to any derivations, adaptations,
derivative works, compilations, collective works or variation created by you
or for you or on your behalf. You hereby acknowledge, stipulate and agree
that such assignment by you to MobiMate and/or Marilis (as applicable) includes,
without limitation, the right of MobiMate’s and/or Marilis Ltd.’s (as applicable)
part to license, sell or withhold such assigned materials.
- All title and
Intellectual Property rights in and to the content which may be accessed through
use of Software is the property of the respective content owner and may be
protected by applicable copyright or other intellectual property laws and
treaties.
- LIMITED WARRANTY IT IS HEREBY STIPULATED AND AGREED THAT, COUPLED
WITH PROOF OF PURCHASE OF THE LICENSE, YOUR ENTIRE REMEDY AND OUR ENTIRE LIABILITY
(AT OUR EXCLUSIVE OPTION) SHALL BE LIMITED TO EITHER (I) THE RETURN OF THE
PURCHASE PRICE PAID BY YOU FOR THE LICENSE, OR (II) THE REPAIR OR REPLACEMENT
OF THE SOFTWARE. THIS LIMITED WARRANTY IS NULL AND VOID IF FAILURE OF THE
SOFTWARE HAS RESULTED FROM ACCIDENT, ABUSE, MISUSE OR MISAPPLICATION OF THE
SOFTWARE OR YOUR HANDHELD DEVICE.
- NO OTHER WARRANTIES. THE SOFTWARE IS WARRANTED, IF AT ALL,
ONLY ACCORDING TO THE TERMS OF THE LICENSE. EXCEPT AS WARRANTED IN THE AGREEMENT
AND LICENSE, MOBIMATE HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THE SOFTWARE, INCLUDING ALL EXPRESS AND/OR IMPLIED WARRANTIES
AND CONDITIONS AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK
OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT
AND LACK OF NEGLIGENCE, TITLE AND NON-INFRINGEMENT. MOBIMATE HEREBY ALSO DISCLAIMS
ANY AND ALL WARRANTIES REGARDING DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT,
QUIET POSSESSION AND CORRESPONDENCE TO DESCRIPTION. THE ENTIRE RISK ARISING
OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND ANY SUPPORT SERVICES REMAINS
WITH YOU. MOBIMATE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES,
EITHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL MOBIMATE
BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SOFTWARE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MOBIMATE’S
ENTIRE LIABILITY UNDER ANY AND ALL PROVISIONS OF THIS LICENSE SHALL BE LIMITED
TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE LICENSE.
- MOBIMATE AND/OR ITS RESPECTIVE SUPPLIERS AND/OR THIRD PARTY CONTRACTORS
MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE SUITABILITY OF THE INFORMATION
AND/OR DOCUMENTATION CONTAINED IN OR DERIVED FROM THE USE OF THE SOFTWARE.
ALL SUCH INFORMATION AND/OR DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY
OF ANY KIND, WETHER EXPRESS OR IMPLIED. MOBIMATE AND/OR ITS RESPECTIVE SUPPLIERS
AND/OR THIRD PARTY CONTRACTORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO SUCH INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL MOBIMATE AND/OR ITS RESPECTIVE SUPPLIERS AND/OR THIRD PARTY
CONTRACTORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM
OR THROUGH THE SOFTWARE. THE INFORMATION AND/OR DOCUMENTS PUBLISHED ON OR
THROUGH THE SOFTWARE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
IN ADDITION TO UPDATES PERFORMED BY YOU (INCLUDING THROUGH DIRECT CRADLE,
DIRECT LINE, INFRA RED, BLUE-TOOTH OR WIRELESS SYNCHRONIZATIONS AND/OR UPDATING),
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION AND/OR DOCUMENTATION CONTAINED
IN THE SOFTWARE. MOBIMATE AND/OR ITS RESPECTIVE SUPPLIERS AND/OR THIRD PARTY
CONTRACTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SOFTWARE AND/OR THE
PROGRAM(S) AND/OR APPLICATIONS DESCRIBED OR CONTAINED HEREIN AND THEREIN AT
ANY TIME WHATSOEVER.
- IT IS HEREBY CLARIFIED THAT IN NO EVENT SHALL MOBIMATE
AND/OR ITS RESPECTIVE SUPPLIERS AND/OR THIRD PARTY CONTRACTORS BE LIABLE FOR
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
AND/OR ARISING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF THE SOFTWARE AND/OR THE SOFTWARE SERVER.
- The information, content, data, equations, daylight savings time rules,
converters and equations (the “Data”) contained in and/or provided by the
Software and MobiMate, as applicable, are for information purposes only and
are not intended for trading, transactional or business like purposes. MobiMate
shall not be liable for any errors or delays in the provision of the Data,
loss of data, or for any action taken in reliance thereon.
- Any rights not expressly granted
herein are reserved by MobiMate and/or Marilis Ltd. (as applicable).
- Please
feel free to contact games@mobimate.com with questions or problems, as appropriate,
or to inform us of any infringing acts or omissions.
- This License may not
be assigned, in whole or in part, by you to a third party, unless MobiMate
provides you with a prior written notice of such permission to assign. MobiMate
may assign any part of this Agreement to any third party, without your prior
written consent.
- If any provision of this License and/or Agreement shall
be declared void, the validity of any other provision and of the entire License
and Agreement shall not be affected thereby apart from such provision, which
shall be deemed deleted.
- This License shall be exclusively governed by,
and shall be construed exclusively in accordance with the laws of the State
of Israel. Any dispute whatsoever arising between the parties with respect
to the existence, interpretation, construction, execution or implementation
of the provisions of this License, shall be exclusively adjudicated by the
competent courts in Tel Aviv, Israel, which will have the exclusive jurisdiction
over any such dispute or controversy between the Parties.
- This License
is in the English language only, which language shall control and prevail
in all respects. No translation, if any, of this License into any other language
shall be of any force or effect in the interpretation of this License or in
a determination of the intent of either party hereto.
- You hereby agree
to indemnify and hold MobiMate and its subsidiaries, affiliates, officers,
directors, agents, and employees, harmless from any and all claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of your breach of this Licensee or the documents it incorporates by reference,
or your violation of any law or the rights of any third party.
- You shall
comply with all applicable laws (local or international), statutes, ordinances,
treaties, codes of conduct and regulations regarding your use of our Services.
- You and MobiMate are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship is
intended or created by this Agreement.