WordPoint distribution permissions and end-user license agreement

WORDPOINT2000(TM) LICENSE AGREEMENT AND DISCLAIMER OF WARRANTY IMPORTANT --- THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE LICENSE, AND GALTECH SOFT LTD. PLEASE READ THE AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THE SOFTWARE. BY CONTINUING THE INSTALLATION AND USE OF THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PROMPTLY CEASE ALL FURTHER INSTALLATION OR USE OF THE SOFTWARE AND, IF ALREADY INSTALLED, REMOVE THE SOFTWARE FROM YOUR COMPUTER. 1. SOFTWARE The term "Software" as used in this Agreement shall mean WordPoint(TM) operating in the environment of Microsoft Windows®, including any technology licensed by GALTECH SOFT LTD. ("GALTECH") from the developers and owners thereof to GALTECH, together with all accompanying Documentation. 2. RIGHTS GRANTED In consideration of your agreement to abide by the terms of this license, GALTECH grants to you, LICENSE, a non-exclusive , non-transferable license for as long as you comply with the terms of this license, to use the Software in object form, on a single terminal connected to a single computer (i.e., each with a single CPU) subject to the terms provided herein. Use of the Software shall be defined for the purposes of this license as the loading of the Software into RAM or the permanent memory of a computer. LICENSE may physically transfer the Software from one computer to another, but may not load the Software on a network server, or use it on more than one computer or computer terminal at the same time. Title to and ownership of the Software and all intellectual property rights therein shall at all times remain the property of GALTECH and/or its licensors. LICENSE shall have no right to transfer, rent, lease, lend or assign this license except in the case where LICENSE certifies in writing to GALTECH that LICENSE has removed the Software from all of LICENSE`S hardware and transferred all copies of the Software and Documentation, together with this license agreement, to the transferee/assignee identified in the certification provided to GALTECH. This license is personal to the LICENSE identified as the purchaser of the Software and/or to any person or entity to whom this license is transferred pursuant to the this section. In the case of a corporate purchaser or authorized transferee, this license is for the benefit only of that corporation`s employees and authorized agents. 3. INTELLECTUAL PROPERTY RIGHTS LICENSE acknowledges that the Software is protected by copyright. Pursuant to relevant national and international copyright laws, LICENSE may not copy, photocopy, reproduce, translate, modify, adapt or create derivative works based on the Software or Documentation or any portion thereof except that the LICENSE may transfer the Software to a single hard disk and may make one copy of the original diskettes for backup and archival purposes only, as well as maintaining the original diskettes for the same purposes. LICENSE shall not make a copy or copies of the Software or any part thereof available to any third party, nor allow any other person acting on LICENSE`S behalf to do so. LICENSE will be held legally responsible for any copyright infringement which is caused or made possible by LICENSE’S failure to abide by the terms of this Agreement. LICENSE acknowledges that, as between GALTECH and LICENSE, the Software and its Documentation and all copyrights, trade secret rights and other intellectual property rights with respect thereto, are and will at all times be the property of GALTECH. LICENSE agrees not to cause or permit any attempts to determine the source code of the Software, including but not limited to reverse engineering, disassembly or decompilation of the Software, except, where applicable, as permitted by Article 6 of the EU Software Directive, and agrees not to cause or permit any modification, adaptation or reprogramming of the Software. The obligations of this paragraph shall survive the expiration or termination of this Agreement. 4. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY GALTECH does not warrant, guarantee or make any representations that the functions contained in the Software will meet LICENSE’S requirements or that the operation of the Software will be uninterrupted or error-free. GALTECH does warrant that (a) the media on which the Software is furnished by GALTECH, if any, will be free from defects in materials and workmanship; and (b) the Software will function in substantial accordance with its specifications under normal use for a period of ninety (90) days from the date of your receipt of the Software. Any other software and any hardware furnished with or accompanying the Software is not warranted by GALTECH. LICENSE’S exclusive remedy under this limited warranty is the replacement of any defective physical media on which the Software is furnished. To receive a replacement for defective media under this limited warranty, return the defective media to the local provider of the Software or directly to GALTECH together with proof of payment, within the ninety (90) day warranty period. EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER TYPE, WHETHER EXPRESS OR IMPLIED, AND TO ANY REMEDY AGAINST GALTECH AND/OR ITS LICENSORS, WHETHER IN CONTRACT, TORT OR OTHERWISE. GALTECH’S SOLE OBLIGATION OR LIABILITY UNDER THIS AGREEMENT IS THE REPLACEMENT OF DEFECTIVE MEDIA ACCORDING TO THE LIMITED WARRANTY ABOVE. IN ANY EVENT, GALTECH`S LIABILITY SHALL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE SOFTWARE. YOU AGREE THAT NEITHER GALTECH NOR ITS EMPLOYEES, MANAGEMENT OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFIT, REVENUE, DATA OR USE) INCURRED BY YOU OR ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF USE OF THE SOFTWARE, EVEN IF GALTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS CLAUSE LIMITS GALTECH`S LIABILITY TO YOU IN THE EVENT OF DEATH OR PERSONAL INJURY RESULTING FROM GALTECH`S NEGLIGENCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF LIABILITY, SO THE PRECEDING EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND IS IN ADDITION TO OTHER LEGAL RIGHTS YOU MAY HAVE IN A PARTICULAR JURISDICTION. 5. TERMINATION OF LICENSE This license will terminate automatically if the LICENSE fails to comply with any provision of this license or upon transfer of the Software and Documentation pursuant to section 2, above. In the event of termination of the license, LICENSE agrees to immediately cease using the Software, and within ten (10) days of the termination to return the original copy of the Software to GALTECH with certification that all copies of the Software have been returned to GALTECH, destroyed or transferred pursuant to section 2, above. Except in cases of serious or irremediable breach,GALTECH will give LICENSE notice of the breach and a reasonable opportunity to cure such breach before the license is terminated. 6. GOVERNING LAW This Agreement shall be governed in all respects by the laws of the State of New York. 7. U.S. GOVERNMENT RESTRICTED RIGHTS Distribution and use of the Software and derivative works thereof to and by the United States Government are subject to the restricted rights set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 252.227-7013. Software described or referenced in this Agreement are commercial computer software programs developed at private expense. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in FAR 52.227-19 (c)(2), the applicable provisions of the DoD FAR supplement 252.227-7013 subdivision (a)(15) or (a)(17) or similar regulations of other United States Federal agencies. 8. ACKNOWLEDGMENT LICENSE acknowledges that LICENSE has read this Agreement in full, has fully understood its terms and agrees to be bound thereby. This Agreement contains the complete and exclusive agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. GalTech Soft Ltd. 8, Hamarpe St. Jerusalem, Israel Tel: +972-2-532 2224 Fax: +972-2-582 8499 E-mail: info@galtech.co.il URL: http://www.galtech.co.il

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