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 Vista 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

1. 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.
   
   
2. 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
   
   
3. 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”).
   
   
4. 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.
   
   
5. This License is applicable only to the installation and use of the Software Version 1.5 of Vista. 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.
   
   
6. 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.
   
   
7. 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.
   
   
8. 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.
   
   
9. 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.
   
   
10. 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.
    
    
11. 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.
    
    
12. 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.
    
    
13. 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.
    
    
14. Any rights not expressly granted herein are reserved by MobiMate and/or Marilis Ltd. (as applicable).
    
    
15. Please feel free to contact games@mobimate.com with questions or problems, as appropriate, or to inform us of any infringing acts or omissions.
    
    
16. 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.
    
    
17. 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.
    
    
18. 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.
    
    
19. 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.
    
    
20. 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.
    
    
21. You shall comply with all applicable laws (local or international), statutes, ordinances, treaties, codes of conduct and regulations regarding your use of our Services.
    
    
22. 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.