TERMS OF USE

The LingoWare Software available on LINGOCOM Website provides Software’s translation, the ability to view the User-Interface (originally in English) in various languages, and other services such as dictionaries. (the “Service”). LingoWare Software that is made available to download from LINGOCOM server (“the Software”) is the copyright work of LINGOCOM and/or its suppliers.

The following are the Terms and Conditions for Use of this Service. These terms of Service govern the use of LINGOCOM Website (www.lingocom.com). The term LINGOCOM shall be used to refer to LINGOCOM, Inc., and all parent corporations, subsidiary corporations, and affiliates. LINGOCOM may, at its discretion, add, delete, or modify the Terms of Service without notice.

By completing the registration process and clicking the button you are stating that you agree to be bound by all of the terms and conditions of the terms and condition of this Terms of Service. IF YOU DO NOT AGREE, DO NOT ENTER OR USE LINGOWARE SOFTWARE.

USER REGISTRATION, PASSWORD AND SECURITY

LingoWare Software is given on an “AS IS, AS AVAILABLE BASIS.” In consideration of use of the Software, you the User agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or LINGOCOM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LINGOCOM has the right to suspend or terminate your use of the Software and refuse any and all current or future use of the Service or any portion thereof.

LINGOCOM PRIVACY POLICY

Pursuant to LINGOCOM and LingoWare Privacy Policy we may disclose to third parties any information contained in your Registration Data or related data, especially if LINGOCOM believes in good faith that such action is reasonably necessary to comply with applicable laws and lawful government requests, to operate its systems properly, or to protect itself, its members, or others. Please be aware that due to the nature of the Internet and other factors, privacy in communications cannot be guaranteed, and you should bear this in mind when deciding whether to transmit confidential information or any other information via LingoWare Software.

MEMBER CONDUCT

(A) Using the LingoWare Software is strictly subjected to the License Agreement. The User may not use this Software on more than one computer or distribute this version of the Software to any other third party. It is strictly prohibited to use LingoWare’s dictionaries for any other software whatsoever. The usage of the dictionaries is permitted only in conjunction with LingoWare Software.

(B) User shall use LingoWare for lawful purposes only. User shall not upload or otherwise make available any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without LingoWare express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in LINGOCOM discretion interrupt or inhibit from using or enjoying LingoWare Software will not be permitted. User shall not use LingoWare to advertise or perform a commercial solicitation.

User shall not upload or otherwise transmit any material contains software viruses or any other computer code, files or programs designs to interrupt, destroy or limit the functionability of any computer software or hardware or telecommunications equipment. The user shall not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

(C ) LingoWare contains copyrighted material, trademarks and other proprietary information, LINGOCOM owns a copyright in the selection, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(D) User shall not upload, or otherwise make available on LingoWare any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

CONTENT SUBMITTED TO LINGOCOM

By submitting material to LINGOCOM server, User automatically grants, or warrants that the owner of such material has expressly granted LINGOCOM the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User hereby grants LINGOCOM the rights to edit, copy, publish and distribute any material made available on LINGOCOM by User.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

(A) USER EXPRESSLY AGREES THAT USE OF LINGOWARE IS AT USER’S SOLE RISK. NEITHER LINGOCOM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT LINGOWARE WILL BE UNINTERRUPTED OR ERROR FREE; NOR THEY DO ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF LINGOWARE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGHOUT LINGOCOM.

(B) LINGOWARE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE IN THIS AGREEMENT.

(C ) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE O F PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OR RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. LINGOCOM DOES NOT WARRANT THAT DEFECTS WOULD BE CORRECTED OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, YOU AND NOT LINGOCOM ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. USER SPECIFICALLY ACKNOWLEDGES THAT LINGOCOM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE USER.

(D) IN NO EVENT WILL LINGOCOM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING OR DISTRIBUTING LINGOCOM OR LINGOWARE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE LINGOWARE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON LINGOWARE.

(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER LINGOCOM NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN LINGOWARE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER OR FOR ANY CLAIMS OR LOSSES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO LOST PROFITS, PUNITIVE OR CONSENSUAL DAMAGES NEITHER LINGOCOM NOR ITS AFFILIATES INFORMATION PROVIDERS, OR CONTENT PROVIDERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

EXTERNAL LINKS

The Site contains links to other Internet sites, resources, program, and members of the Service. We are not responsible for the availability of these outside resources or their contents, nor do we endorse nor we are responsible for any of the contents advertising, products or other materials on such sites. Under no circumstances shall we held responsible or liable directly of indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content goods or services available on such sites, or relating to the other programs. Any concerns regarding any external link, or the other program should be directed to its respective site administrator or Webmaster.

MONITORING

LINGOCOM shall have the right, but not the obligation, to monitor the translations of LingoWare to determine compliance with this Agreement and any operating rules established by LINGOCOM and to satisfy with the law, or regulation. LINGOCOM shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or LINGOCOM. Without limiting the foregoing LINGOCOM shall have the right to remove any material that LINGOCOM in its sole discretion finds to be in violation of the provisions hereof or otherwise objectionable.

INDEMNIFICATION

User agrees to defend, indemnify and hold harmless LINGOCOM its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of the use of LingoWare by User.

LIMITATION OF LIABILITY

Under no circumstances, including but not limited to, negligence , shall LINGOCOM be liable for any special or consequential damages that result from the use of or the inability to use, the materials in this site, even if LINGOCOM authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages so the above limitation or exclusion may not apply to you. In no event shall LINGOCOM total liability to you for all damages losses and causes of action whether in contract, tort (including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, accessing this site.

JURISDICTION

The Terms of Use and the relationship between you and LINGOCOM shall be governed and construed in accordance with the laws of Israel without regard to conflict of law provisions.

The failure of LINGOCOM to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid or contrary to law then such provision(s) shall be construed as nearly s possible, to reflect the parties’ intentions and the other provisions of the Terms of Use shall remain in full force and effect.

TERMINATION

This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all LINGOCOM site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from LINGOCOM if in LINGOCOM’ sole discretion you fail to comply with any term or provision of this agreement. Upon termination you must destroy all materials obtained from LINGOCOM site and all copies thereof whether made under the terms of this Agreement or otherwise.

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