Last updated December 2nd, 2010
"Content" means all the text, information, scripts, graphics, logos, photos, sounds, music, videos, interactive features and all other material on the Website, and the Trademarks and trade dress contained therein;
"Intellectual Property rights" means copyright, database rights, trademarks, service marks, trade dress, moral rights, author's rights, and other intellectual property rights, design rights (whether registered or otherwise) as may exist now or hereafter come into existence in any jurisdiction in the world, and all renewals and extensions thereof;
3.1 Softarama is owned by Softarama Systems Ltd, registered in Israel under Company Registration Number 514434794 with its registered offices at 11 Menachem Begin, Ramat Gan 52771, Israel.
3.2 All Content shown on the Wesbite (including its organization and presentation) is owned by Softarama or licensed from third parties and subject to copyright and other intellectual property rights. You may retrieve and display Content from this Website on a computer screen, print individual pages and store such pages in electronic form on disk excluding any storage device connected to a network, strictly for your own personal, non-commercial use. All other usage is precluded unless Softarama's prior written consent is obtained. All other trademarks that appear on this Website and are not owned by Softarama are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Softarama.
4.2 Softarama Products are only sold through resellers or distributors who do so in their own name and under their own terms and conditions. Any purchases initiated from this Website will be concluded with our trusted billing merchant in accordance with its terms and conditions, and you are therefore advised to review such terms prior to purchase. The prices shown on the Website are exclusive of all sales, use, value-added or other similar taxes (the “Taxes”). Any applicable Taxes will be added prior to the placing of your order in accordance with the billing merchant's terms and conditions as aforesaid.
4.3 The use of the Softarama's Products is subject to the applicable end user license agreement under which they are made available.
5.1 You represent and warrant that You are of sufficient legal age to use the Website and to create binding legal obligations for any liability You may incur as a result of the use of the Website. You agree not to use the Website for any purpose that is unauthorized or unlawful and You acknowledge that Your failure to do so may subject You to civil and criminal liability. You further agree to abide by all applicable local, state, national and international laws and regulations.
5.2 You may link to the Website provided that You comply with the following: i) You do not create a frame, browser or border around the content of the site ii) You do not misrepresent Your relationship with Softarama or imply that it is endorsing You or Your products or services iii) You do not link to a website that:
• is discriminatory on the basis of a person's sex, race, disability, age, sexual orientation, religion or belief;
• is hateful, harassing or abusive by intent or otherwise;
• is derogatory to any individual or group or causes any other person annoyance, inconvenience or worry;
• is defamatory, libelous or deceptive about any person, organization or product;
• is offensive, obscene, indecent, sexually explicit, pornographic, threatening or criminal;
• is in violation of the privacy of others or otherwise breaches any obligation of confidentiality by which You are bound;
• unfairly criticizes or misrepresents others;
• is reasonably considered to be of an inflammatory nature or constitutes discussion on politics, religion and religious matters;
• constitutes unsolicited, commercial or advertising material, pyramid schemes, chain letters or other junk mail of any kind;
• contains any viruses, Trojan horses, worms, scrapers, time bombs, cancelbots or any other computer programming routines or engines that are intended to damage, detrimentally interfere with, modify, impede, surreptitiously intercept or expropriate any system, data or information or others' use of the Website;
• constitutes an offer, for sale or otherwise, of any firearms, explosives, weapons, tobacco products, controlled substances, pharmaceuticals, counterfeit or stolen articles, registered or unregistered securities, or any items that would cause Softarama to violate any applicable law or regulations; or
• is likely to create any liability (whether criminal or civil, and whether for You or Softarama); and iv) You agree that Softarama reserves its rights to rescind its consent to allow links in general or specific instances, in which case any links already set up would have to be removed pursuant to Softarama's rights.
5.3 If you choose to communicate to Softarama any feedback, ideas or suggestions for improvement of the Website or any other product and/or service offered by Softarama ("Feedback"), Softarama shall have the right to freely use, modify, share, distribute and communicate such Feedback for any and all commercial and/or non-commercial purposes, without charge and free of any obligation of attribution. You warrant that any such Feedback you elect to communicate to Softarama is not subject to any license or any other third party right.
8.1 YOU UNDERSTAND AND AGREE THAT THIS WEBSITE AND ITS CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT ANY USE OF THE WEBSITE AND/OR THE CONTENT WILL BE AT YOUR OWN RISK. SOFTARAMA GIVES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, IMPLIED OR EXPLICIT, ABOUT THE WEBSITE, ITS CONTENT, NOR THAT ACCESS TO SUCH WEBSITE OR CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY OR SAFE IN ANY MANNER. TO THE FULLEST EXTENT PERMITTED BY LAW, SOFTARAMA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE WEBSITE AND ITS CONTENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY OR COMPLETENESS OF CONTENT, USER MATERIAL, TITLE, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE WEBSITE. SOFTARAMA STRONGLY RECOMMENDS THAT ANY INFORMATION AVAILABLE ON THIS WEBSITE IS VERIFIED BEFORE BEING RELIED UPON IN ANY WAY.
8.2 This Website may contain links to third party websites that are not owned or controlled by Softarama. Softarama has not reviewed, does not endorse, guarantee or assume responsibility for any product or service advertised or offered by any third party through the Website or any hyperlinked website or included in any banner or other advertising, and You agree that the purchase or use of any third party product or service is solely Your choice and at Your own risk. Access to any third party website from this Website is likewise Your choice and at Your own risk and Softarama shall assume no responsibility for the content, privacy policies, or practices of any such third party websites.
8.3 Softarama operates this Website from various locations and makes no representation that it is appropriate or available for use in all locations.
9.1 IN NO EVENT SHALL SOFTARAMA, ITS SUPPLIERS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, INTERRUPTION, LOSS OF PROGRAMS OR OTHER INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING DIRECTLY OR INDIRECTLY FROM (I) YOUR USE OF OR ACCESS TO THE WEBSITE, OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE WEBSITE, (II) FOR ANY FAILURE OR INTERRUPTION OF THE WEBSITE; WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATIONS OR TRANSMISSION OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF SOFTARAMA OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.3 SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, SOFTARAMA'S AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
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