Copyright © 2007, BERMAD® [Version 2.3 if applicable]. All rights reserved. The BERMAD® name and logo are registered trademarks of BERMAD®. By installing the Software provided herein you agree to all the following License Agreement and Terms and Conditions: 1. You acknowledge that (a) the Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) BERMAD® owns all right, title and interest in and to the Software and software provided through or in conjunction with the Software, including without limitation all Intellectual Property Rights therein and thereto. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, design law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. 2. You undertake and agree that you will not, and will not allow any third party to, (i) copy, sell, assign, sublicense, grant a security interest, distribute, or otherwise transfer in any way, modify, adapt, translate, prepare derivative works from, decompile, create a derivative from, reverse engineer, assemble or disassemble or otherwise attempt to derive source code from the Software, unless explicitly otherwise permitted in writing by BERMAD®, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Software, (iii) use the Software to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter BERMAD® ’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software. 3. Subject to your above undertaking, BERMAD® hereby grants you a personal, non-transferable and non-exclusive right and license to use its Software and any other information and services available through installation and use of the CD on a single computer; 4. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Software. 5. You may terminate these Terms and Conditions at any time by permanently deleting the Software in its entirety. Your rights automatically and immediately terminate without notice from BERMAD® if you fail to comply with any provision of these Terms and Conditions. In such event, you must immediately delete the Software. 6. The provisions of Sections 7 to 9 shall survive any termination or expiration of these Terms and Conditions. 7. You agree to hold harmless and indemnify BERMAD® and its subsidiaries, affiliates, officers, agents, and employees, from and against any claim, suit or action arising from or in any way related to your use of the Software or your violation of these Terms and Conditions, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, BERMAD® will provide you with written notice of such claim, suit or action. 8. You expressly understand and agree that: • Your use of the Software is at your sole risk. The Software is provided on an "AS IS" basis and without warranty of any kind. • BERMAD® expressly disclaims all warranties and conditions of any kind, whether express or implied, including but not limited to the fitness of the Software for a particular purpose. • Any content or material downloaded or otherwise obtained through the use of the Software is done at your own discretion and risk. • You will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such content or material. • No advice or other information, whether oral or written, obtained by you from BERMAD® and/or through the Software shall create any warranty. • BERMAD® shall not be liable for any direct, indirect, incidental, special, consequental damages of any type. 9. Miscellaneous: a) Entire Agreement. These Terms and Conditions constitute the entire agreement between you and BERMAD® relating to the Software and govern your use of the Software, superseding any prior or contemporaneous agreements between you and BERMAD® regarding the Software. b) Choice of Law and Forum. These Terms and Conditions and the relationship between you and BERMAD® shall be governed by the laws of the State of Israel without regard to its conflict of law provisions. You and BERMAD® agree to submit to the personal and exclusive jurisdiction of the courts located within Tel Aviv, Israel. c) Waiver and Severability of Terms. The failure of BERMAD® to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions shall remain in full force and effect. d) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Software or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.