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-SMART LINK, LTD.
-
-TERMS AND CONDITIONS FOR END USERS DOWNLOADING DRIVERS FROM THE SMART LINK WEBSI
-TE
-
-You MUST read the following terms and conditions of sale before you download any
- Software (as defined below) from the Smart Link ("Smart Link") website in order
- to upgrade your existing Product (as defined below). These terms and conditions
- constitute an agreement (the "Agreement") between Smart Link and end users ( "B
-uyer").
-
-1. ACCEPTANCE: You must confirm you have read and agreed to these terms and cond
-itions before you download the Product. BY CLICKING ON THE "YES" BUTTON, YOU ARE
- CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO
- NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, CLICK THE "NO" BUTTON.
-
-2. PRODUCT: Smart Link's product herein, (the "Product") as specified on Smart L
-ink's website www.smlink.com comprises Smart Link's software drivers (the "Softw
-are") which are available for download by the Buyer. There is a US version of th
-e Software and an International version of the Software.
-
-3. LICENSE: Smart Link hereby grants to Buyer a nonexclusive, nontransferable li
-cense to download the Software from Smart Link's website, free of charge, for th
-e sole purpose of upgrading the Buyer's existing Product. The Software may only 
-be used by the Buyer to upgrade the Buyer's existing version of the Product and 
-may not be used with any other product not provided by Smart Link. This license 
-shall not include the right to otherwise sell or sub-license the Software.
-
-4 TERRITORIAL RESTRICTION ON LICENSE: Buyer shall use the International version 
-of the Software solely in jurisdictions outside of the United States of America.
- Buyer agrees not to use the International version of the Software in the United
- States of America.
-
-5. SOFTWARE TERMS:
-
-Title to the Software: Buyer acknowledges that Smart Link is the owner of all ri
-ghts, title, and interest, including all trademarks, copyrights to all of the do
-cumentation and computer-recorded data comprising or included in the Software, d
-ocumentation and source code relating thereto. Notwithstanding anything herein t
-o the contrary, this Agreement does not grant Buyer, or any of its sub-licensees
- any title or rights of ownership in the Software.
-
-Restrictions: BUYER MAY NOT REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWIS
-E REDUCE THE SOFTWARE TO ANY HUMAN OR MACHINE PERCEIVABLE FORM. BUYER MAY NOT MO
-DIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON 
-THE SOFTWARE OR ANY PART THEREOF.
-
-Compliance: There is a US version and non-US version of the Software, if the Buy
-er uses the US version of the Software the Buyer agrees to use the US version of
- the Software in compliance with the Federal Communication Commission Regulation
-s.
-
-Intellectual Property Notices: Buyer agrees that all copyright and other proprie
-tary notices which are embedded in the Software, or set forth in accompanying do
-cumentation, delivered to Buyer hereunder shall remain as embedded, in the same 
-manner as embedded by Smart Link, in each copy of the Software and/or documentat
-ion.
-
-6. DISCLAIMER:
-
-SMART LINK IS PROVIDING THE SOFTWARE ON AN "AS IS" BASIS AND MAKES NO REPRESENTA
-TIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO TH
-E SOFTWARE, INCLUDING, WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABIL
-ITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. SMART LINK DOES NO
-T WARRANT THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE 
-OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPON
-ENTS. IT IS THE BUYER'S SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION SOFTWA
-RE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE SOFTWARE IF CONTAMINATED OR INFEC
-TED, WILL NOT DAMAGE THE PRODUCT OR THE BUYERS SYSTEM.
-
-7. LIMITATION OF REMEDIES AND DAMAGES: Buyer's sole remedies and Smart Link's en
-tire liability are as set forth above. In no event shall Smart Link or any of th
-e licensors, directors, officers, employees or affiliates of the foregoing be li
-able to Buyer for any direct, indirect, consequential, incidental, special or si
-milar damages whatsoever (including, without limitation, damages for loss of bus
-iness profits, business interruption, loss of business information and the like)
-, whether foreseeable or unforeseeable, arising out of the use or inability to u
-se the Software, regardless of the basis of the claim and even if Smart Link or 
-a Smart Link representative has been advised of the possibility of such damage. 
-SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CO
-NSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS OR EXCLUSION
-S MAY NOT APPLY TO BUYER.
-
-8. SOFTWARE CHANGES: Smart Link shall have the right, in its sole discretion, wi
-thout liability to Buyer, to (a) change the design, or discontinue developing, p
-roducing, licensing or distributing any Software covered by this Agreement, and 
-(b) announce new Software to which the terms and conditions of this Agreement do
- not apply.
-
-9. U.S. GOVERNMENT END USERS: This provision applies to all Software acquired di
-rectly or indirectly by or on behalf of the United States Government. The Softwa
-re is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995)
-, consisting, in part, of "commercial computer software" and "commercial compute
-r documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consis
-tent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 199
-5), In the event that Buyer receives a request from any agency of the U.S. Gover
-nment to provide the Software with rights beyond those set forth above, Buyer wi
-ll notify Smart Link of the scope of rights requested and the agency making such
- request and Smart Link will have ten (10) business days to, in its sole discret
-ion, accept or reject such request; provided, that Smart Link's failure to respo
-nd during such time period shall be deemed a rejection.
-
-10. GENERAL: These terms and conditions shall constitute the final, complete and
- exclusive agreement of the parties with respect to all downloads of the Sofware
- by Buyer and shall supersede all prior offers, negotiations, understandings and
- agreements. It is expressly agreed that no prior or contemporaneous agreement o
-r understanding, whether written or oral, shall contradict, modify, supplement o
-r explain the terms and conditions contained herein. No additional or different 
-terms or conditions, whether material or immaterial, shall become a part of any 
-agreement unless expressly accepted in writing by an authorized officer of Smart
- Link. Any waiver by Smart Link of one or more of these terms and conditions or 
-any defaults hereunder shall not constitute a waiver of the remaining terms and 
-conditions or of any future defaults hereunder. No failure or delay by either pa
-rty in exercising or enforcing any right hereunder shall operate as a waiver the
-reof or preclude any other exercise or enforcement of rights hereunder. Any prov
-ision of these terms and conditions that is prohibited or unenforceable under ap
-plicable law shall be ineffective to the extent of such prohibition or unenforce
-ability, without impairing or invalidating the remaining provisions of these ter
-ms and conditions. The terms and performance of this Agreement shall be governed
- by the laws of the State of Israel. The venue for any disputes arising out of a
-ny sales agreement shall be, at Smart Link's sole and exclusive option, Tel-Aviv
-, Israel or the courts with proper jurisdiction at Buyer's location.
-
-Smart Link, Ltd.