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This website is operated on behalf of RadView Software LTD. ("RadView"). When
using this website (the "Services"), you agree to the terms and conditions
contained in this document ("Terms of Use"). We may revise the Terms of Use
from time to time, at our sole discretion and without notice to you, by
updating this posting. Unless otherwise provided below, the revised terms will
take effect when they are posted.
PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS WEBSITE CONSTITUTES ACCEPTANCE
OF THESE TERMS AND CONDITIONS. If you are using the Services on behalf of your
employer, you represent and warrant that you are authorized to accept these
Terms of Use on your employer's behalf.
1.User Obligations. You may use the Services solely for legitimate business
purposes, and RadView reserves the right to modify or cease offering the
Services at any time without notice. You agree not to do any of the following
while using the Services:
intentionally or unintentionally violate any applicable law or regulation; post
or transmit any Content that you do not have the right to post or transmit
under any law, contractual duty or fiduciary relationship, including without
limitation export control laws;
post or transmit any Content that infringes any RadView or third party right of
any kind, including without limitation, trademark, patent, trade secret,
copyright, publicity, or privacy rights, or that is unlawful, untrue,
harassing, libelous, defamatory, tortuous, abusive, threatening, or that
contains any virus or damaging computer code;
access, tamper with or use non-public areas of the website or computer systems.
Unauthorized individuals attempting to access or tamper with these areas may be
subject to prosecution. If you are given access to any password-protected areas
of this website, then you must keep such password secure and for your use only,
and you must limit your access to permitted areas;
frame or link to the website except as permitted in writing by RadView;
impersonate or misrepresent your affiliation with any person or entity. For
example, you agree not to falsely represent that you are a copyright holder of
a work or the agent of a copyright holder. All personally identifying
information that you provide through the Services must be accurate and kept
current.
2.
Links. The website may contain links to other websites or resources. You
acknowledge and agree that RadView is not responsible or liable for (i) the
availability or accuracy of such websites or resources; or (ii) the content,
advertising, or products on or available from such websites or resources. The
inclusion of any link on the website does not imply that we endorse the linked
site.
3.
Content and Monitoring. Any opinions, advice, statements, services, offers, or
other information or content expressed or made available by third parties,
including information or service providers and users, are those of the
respective author(s) or distributor(s) and not of RadView. You understand and
acknowledge that RadView does not monitor any user-contributed content for
accuracy or reliability.
4.
Protection of Content. The website contains trademarks and other material
furnished by RadView, and others. You should assume that all information
provided on the website or through the Services, such as designs,
illustrations, text and other materials, which was not furnished by you
(collectively "Site Content") is copyrighted unless otherwise noted. You may
not sell, reproduce, distribute, copy, duplicate, resell, modify, display,
publicly perform, prepare derivative works based on, repost, exploit for any
commercial purpose, or otherwise use any of the Site Content in any way for any
public or commercial purpose without prior written consent of RadView or the
copyrights holder. If you violate any of these terms, your permission to use
the Site Content will automatically terminate, you must immediately destroy any
copies you have made of the Site Content, and we may end your authorization to
use the website.
5.
Feedback. You may from time to time provide feedback to RadView related to Site
Content, and the programs, products, specifications, test results and services
of RadView. Such feedback shall include, without limitation, modifications,
additions, fixes, improvements, enhancements, applications, test results,
procedures, information, materials, suggestions, ideas, concepts, know-how,
techniques, data, translations, developments and discoveries (collectively
"Feedback"). You grant RadView a royalty-free, worldwide, non-exclusive,
perpetual and irrevocable license to copy, modify, perform, display,
distribute, disclose, create derivative works of, and otherwise use and dispose
of such Feedback, and to make, have made, use, sell, offer to sell, import and
otherwise exploit any implementation of such Feedback, including without
limitation the right to sublicense these rights through multiple tiers.
You agree that all right, title and interest (including without limitation all
intellectual property) in and relating to the programs, products,
specifications, test results and services of RadView and all ideas,
information, materials, inventions, trade secrets, know-how, designs,
discoveries, inventions, works of authorship, product ideas, test results,
specifications, computer programs, procedures, improvements, developments,
drawings, notes, documents, information and materials related thereto, that are
made, conceived, disclosed and/or developed by RadView, alone or with others,
and all improvements, modifications and derivative works thereof, are solely
owned by RadView.
6.
Notices. RadView will give you any necessary notices by posting them on the
website. You authorize RadView to send notices via electronic mail as well if
RadView decides, in its sole discretion, to do so. You agree to check the
website for notices, and that you will be considered to have received a notice
when it is made available to you by posting on the website.
7.
Disclaimer of Warranties.
THE SERVICES AND ALL SITE CONTENT IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE"
WITHOUT WARRANTY OR CONDITION OF ANY KIND. RADVIEW DISCLAIMS ALL WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD
PARTY RIGHTS, AND MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICES; THE ACCURACY OR RELIABILITY OF
ANY SITE CONTENT; ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; OR THAT
THE SERVICES OR SITE CONTENT WILL MEET ANY USER'S REQUIREMENTS, BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM RADVIEW OR THROUGH THE SERVICES SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING BUSINESS LOSSES, DAMAGE TO YOUR
COMPUTER SYSTEM, DAMAGE RESULTING FROM COMPUTER VIRUSES AND LOSS OF DATA, WHICH
RESULT FROM YOUR ACCESSING OR USING ANY SITE CONTENT.
RADVIEW IS NOT RESPONSIBLE FOR ANY DECISIONS BASED UPON THE SITE CONTENT. IT IS
YOUR RESPONSIBILITY TO TAKE APPROPRIATE DUE DILIGENCE TO ENSURE THAT THIS
INFORMATION IS SUITABLE FOR YOUR PURPOSES, INCLUDING WITHOUT LIMITATION TO
IMPLEMENT ANY PRODUCTS OR SERVICES BASED ON SUCH INFORMATION. SPECIFICALLY, YOU
ACKNOWLEDGE THAT YOUR RELIANCE UPON SITE CONTENT WILL NOT CREATE ANY LIABILITY
ON THE PART OF RADVIEW FOR ANY CLAIM BASED UPON THEORIES OF PRODUCT LIABILITY
IN CONNECTION WITH THE PERFORMANCE OF ANY PRODUCT LISTED IN SITE CONTENT.
8.
Indemnification. You agree to defend, indemnify, and hold harmless RadView and
its officers, directors, employees, consultants, agents, members, founders and
partners, from and against all claims, actions, liability, damages, expenses,
costs and demands, including without limitation reasonable legal and accounting
fees, made by any third party due to or resulting from your use of the
Services; your connection to the Services; your violation of the rights of
others, these Terms of Use or any intellectual property or other right of any
person or entity; and/or any intellectual property infringement by any other
user of your account. These Terms of Use will inure to the benefit of RadView
and its successors, assigns and members.
9.
Limitation of Liability. Neither Radview, nor any other party involved in
creating, producing, or delivering the Services shall be liable for any loss of
profits, loss or inaccuracy of data, or incidental, reliance, special,
consequential, punitive, direct or indirect damages or third party claims
resulting from your access to, or use of, or inability to use the website
and/or services, whether based on warranty, contract, tort (including
negligence) or any other legal theory, and whether or not we know of the
possibility of such damage. Because some jurisdictions do not allow the
exclusion or limitation of liability for consequential or incidental damages,
the above limitation or exclusion may not apply to you. In the event that this
exclusion and limitation of liability does not apply fully or otherwise, you
agree that the liability of RadView shall be limited to the greatest extent
permitted by applicable law.
10.
Export Regulations. You will not export, re-export or transfer any of the
products, software, technology, technical information or services provided on
this site or by RadView, in violation of the applicable laws and regulations of
the United States and of any other country where You obtain such items. In
addition to the above, these items shall not, in the absence of authorization
by U.S. and local law and regulations, as required, be used by or exported or
re-exported (i) to any U.S. sanctioned or embargoed country, or to foreign
nationals or residents of such countries; or (ii) to any person, entity,
organization or other party identified on the U.S. Department of Commerce's
Denied Persons or Entity List, the U.S. Department of Treasury's Specially
Designated Nationals or Blocked Persons Lists, or the Department of State's
Debarred Parties List, as published and revised from time to time; or (iii) to
any party engaged in nuclear, chemical/biological weapons, or missile
proliferation activities; or (iv) for use in the design, development or
production of rocket systems or unmanned air vehicles. Further, you represent
that you and your employees, contractors, affiliates and subsidiaries (and
their employees and contractors) are not persons, entities, organizations or
other parties identified on the U.S. Department of Commerce's Denied Persons or
Entity List, the U.S. Department of Treasury's Specially Designated Nationals
or Blocked Persons Lists, or the Department of State's Debarred Parties List,
as published and revised from time to time.
11.
Forward Looking Statement. Some of the information on this web site may contain
projections or other forward-looking statements regarding future events or the
future financial performance of RadView. We wish to caution you that these
statements are only predictions and that actual events or results may differ
materially. We refer you to the documents RadView files from time to time with
the Securities and Exchange Commission, specifically, RadView's Registration
Statement on Form S 1. These documents contain and identify important factors
that could cause actual results to differ materially from those contained in
our projections or forward-looking statements.
12.
General. You are responsible for compliance with applicable local laws, keeping
in mind that access to the Services may not be legal by certain persons or in
certain countries. If any part of these Terms of Use is held to be
unenforceable, the unenforceable part shall be given effect to the greatest
extent possible and the remainder will remain in full force and effect. These
Terms of Use are personal to you and you may not transfer, assign or delegate
these Terms of Use to anyone without the express written permission of RadView.
Any attempt by you to assign, transfer or delegate these Terms of Use without
the express written permission of RadView shall be null and void. The paragraph
headings in these Terms of Use are included to help make the agreement easier
to read and have no binding effect. These Terms of Use constitute the entire
agreement between you and RadView with respect to the use of the Services and
may only be superseded or amended by a written agreement signed by authorized
representatives of the parties. The law of the State of Isreal., without regard
to its conflicts of law provisions, will govern these Terms of Use. You and
RadView agree to submit to the personal and exclusive jurisdiction of the
courts located in Tel-Aviv, Israel. Any waiver of any provisions of these Terms
of Use will be effective only if in writing signed by RadView.
13.
Trademark Information. "RadView, Software Ltd..","RadView", the RadView
products and logo, and "radwiew.com", are the trademarks of RadView. These
trademarks may not be used without express written permission from RadView. All
other trademarks, including HDMI, are the property of their respective owners.
14.
Survival: The following Sections shall survive any termination of the Terms of
Use: User Obligations, Disclaimer of Warranties, Indemnification, Limitation of
Liability and General.
If you have any questions about these Terms of Use, please contact us at:
info at RadView.com
Last modified: March, 2007
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