End user agreement for Radix Reload Duo
By installing, copying or using Radix product hardware and/or software (herein after referred as the “Product”), the individual or entity licensing the Product (hereinafter referred to as “Licensee”), is consenting to be bound by and become a party to this License Agreement.
If you do not accept all terms of this License Agreement, do not install or use this product.
1. License agreement
In this License Agreement, "Radix" shall mean Radix Technologies Ltd.
The use of any third party software product included in the Product shall be governed by the third party's license agreement whether that license agreement is presented for acceptance the first time that the third party software is invoked, is included in a file in electronic form, or is included in the package in printed form.
2. License granted
As long as the Licensee will comply with the terms and conditions of this agreement, Radix grants the Licensee under all Radix intellectual property and proprietary rights relating to the Product, a non-exclusive and non-transferable license to use the Product for personal or internal business purposes only.
All taxes associated with the Product, whether it is withholding, sales or use taxes or any other taxes or government fees, assessments or charges that are payable because of this License Agreement or any License of the Product, or because of any payments by Licensee, are the sole and exclusive responsibility of Licensee to pay such taxes, fees, assessments and charges in addition to all other payments.
Except as otherwise specified in this License Agreement, Licensee may not:
a. Make or distribute copies of the Product or any part of it or electronically transfer the Product or any part of it from one computer to another or over a network, except for archival purposes to back-up the Software for Licensee own use
b. Modify or create any derivative works of the Product or documentation, including translation or localization;
c. Decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product (except to the extent the applicable laws specifically prohibit such restriction);
d. Encumber, sell, rent, lease, sublicense, or otherwise transfer rights on or related to the Product;
e. Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product; or
f. Publish any results of benchmark tests run on the Product to a third party without Radix prior written consent, such consent to be given in the sole discretion of Radix.
g. Use the Product to develop any other hardware, software or technology.
Without prejudice to any other rights, Radix may terminate this License Agreement by prior written notice in any event that the Licensee breaches any of the terms and/or condition of this License Agreement. Upon termination, Licensee shall destroy all copies of the Product.
6. Intellectual Property and Proprietary rights.
Radix shall retain the sole and exclusive ownership of all rights, title and intellectual property rights in and to the Product and all modifications and enhancements thereof. This License Agreement does not provide Licensee with title or ownership of the Product. Licensee shall not to take any action to jeopardize, limit or interfere in any manner with Radix or its supplier’s rights with respect to the Product. The Product is treated by Radix as confidential and contains substantial trade secrets of Radix. Licensee shall keep confidential at all times during and after the expiry of the term of this License Agreement, any and all information relating to the Product, including but not limited to machine readable object code and other information which is not generally known to the public, and shall ensure that its directors and employees observe the foregoing confidentiality obligation. The Product is protected by all the relevant intellectual property laws and by international treaties. The title and all related rights in the content accessed through the Product is the property of Radix and/or the applicable content owner and is protected by applicable law. The license granted under this License Agreement gives the Licensee no rights to such content.
7. Limitation of liability
1. THE PRODUCT IS PROVIDED TO THE LICENSEE ON AN "AS-IS" BASIS. RADIX PROVIDES NO TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR THE PRODUCT.
RADIX MAY BE CONTACTED TO DETERMINE THE AVAILABILITY OF MAINTENANCE, TECHNICAL SUPPORT AND/OR SOFTWARE UPGRADE ALONG WITH APPLICABLE FEES, TERMS AND CONDITIONS.
2. RADIX AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. RADIX DOES NOT WARRANT THAT THE PRODUCT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE PRODUCT IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS OR HIGH RISK ACTIVITIES.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
3. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RADIX, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
4.RADIX SHALL HAVE NO RESPONSIBILITY IF THE PRODUCT HAS BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE OF THE PRODUCT WITH OTHER THAN A RECOMMENDED HARDWARE AND/OR SOFTWARE CONFIGURATION, PLATFORM, OPERATING SYSTEM.
To the maximum extent permitted by applicable law, in no event will Radix or its suppliers or its resellers or its distributors be liable for any indirect, special, incidental or consequential damage resulting from the use of, or inability to use the product, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses of any kind, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based on any case, Radix’s entire liability under any provision of this License Agreement shall not exceed in the aggregate the sum of the fees licensee paid for this license (if any) and fees for support of the Product received by Radix under a separate support agreement (if any), with the exception of death or personal injury caused by the sole negligence of Radix. Radix is not responsible for any liability arising out of content provided by Licensee to third party that is accessed through the Product and/or any material linked through such content.
The Limitation of Liability clause provisions set forth above are fundamental elements of the basis of the agreement between Radix and you. Radix would not be able to provide the Product on an economic basis without such limitations. Such provisions inure to the benefit of Radix's licensors.
This agreement shall be governed by the internal laws of the State of Israel, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the competent courts sitting in Tel Aviv County, to resolve any disputes arising under this agreement.
The Licensee agrees that any varying or additional terms contained in any purchase order or other written notification or document issued by it in relation to the Product licensed hereunder shall be of no effect. The failure or delay of Radix to exercise any of its rights under this agreement or upon any breach of this agreement shall not be deemed a waiver of those rights or of the breach.
No Radix dealer, reseller, agent or employee is authorized to make any amendment to this agreement.
If any provision of this agreement shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of this agreement will remain in full force and effect.
Radix and other trademarks contained in the Product are trademarks or registered trademarks of Radix. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. The Licensee may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Product. This agreement does not authorize the Licensee to use Radix's or its licensors' names or any of their respective trademarks.