Magic Software Website Terms
of Use
The services and/or materials Magic Software Enterprises Ltd. (“MSE”) provides to you in
connection with this website (“Site”) are subject to the following Terms of Use (“Terms”). By using the Site, you agree to follow and
be bound by the following terms and conditions concerning your use of the Site and our
Privacy Policy. We may revise the terms of use and privacy policy at any
time without notice to you.
Use of Web Site Information:
MSE provides you with access to a variety
of resources, including development tools and applications, downloads, communication forums and product information ("the
Services"). You may view, print and download the Services from the Site subject to the following: (a) the Services may be used solely
for personal non-commercial purposes; (b) you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from the Services or transfer or sell any information, software, products or services obtained there from; and
(c) any use of software and accompanying documentation you download from the Site is subject to the terms of a software license
agreement between you and MSE. You must read the license agreement and indicate your consent to its terms prior to installing or using
the software. All rights, title and interest not expressly granted are reserved.
Use of Forums:
The
Services may contain discussion groups, chat areas, bulletin boards, news groups, or e-mail functions offered as part of the Site. You
agree not to upload, email, post, publish or otherwise transmit through a forum any content that: (a) is false or misleading; (b) is
defamatory; (c) is harassing or invades another’s privacy, or promotes bigotry, racism, hatred or harm against any group or
individual; (d) is obscene; (e) infringes the rights of others, including but not limited to intellectual property rights; (f)
constitutes unsolicited bulk e-mail, “junk-mail”, “spam” or chain letters; or (g) violates any applicable laws or regulations.
Forums shall be used in a non-commercial manner only. You shall not distribute or otherwise publish any content containing a
solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to
solicit other users of the Site to use or join or become members of any commercial online or offline service or other organization.
Except where expressly authorized by MSE, you agree not to collect or store personal data about other users.
By uploading,
emailing, posting, publishing or otherwise transmitting content to any forum or submitting any content to MSE, you automatically grant
(or warrant that the owner of such rights has expressly granted) MSE a perpetual, royalty-free, unrestricted, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, display, transmit and distribute such content on in any form,
medium, or technology now known or later developed. In addition, you also agree that MSE is free to use any ideas, concepts, know-how or
techniques that you transmit to MSE for any purpose. Any information or material received from you shall be deemed non confidential.
MSE, at its sole discretion, reserves the right to remove from the Site any material it deems unsuitable, and may restrict
access to any individual to certain web pages, at any time and for any reason.
Disclaimer:
THE SITE AND
ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” BASIS. MSE
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MSE MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET
YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE: OR (D) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR
EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, SUBMITTED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SITE IS DONE AT YOUR OWN INITIATIVE AND RISK. MSE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
MSE RESERVES THE RIGHT TO MAKE
CHANGES OR UPDATES TO THE SIT AT ANY TIME WITHOUT NOTICE.
Limitation of Liability:
IN NO EVENT
SHALL MSE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA
OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF THE SITE OR ANY OTHER
HYPER- LINKED WEB SITE.
Some jurisdictions do not allow the limitation or exclusion of liability set forth above. Accordingly,
some of the above limitations may not apply to you.
Third party web sites, content, products and
services:
The Site provides links to web sites and access to content, products and services from third parties,
including users, advertisers, analysts, affiliates and sponsors of the Site. You agree that MSE is not responsible for the availability
of, and content, products and services provided on third party web sites. You should refer to the policies posted by the other web
sites regarding privacy and other topics before you use them. You agree that MSE is not responsible for third party content accessible
through the Site, including opinions, advise, statements and advertisements, and understand that you bear all risks associated
with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with
the third party. You agree that MSE is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any
of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to the
purchased products or services. You agree that MSE is not responsible for any loss or damage of any sort you may incur from
dealing with any third party.
Applicable Laws
All matters relating to your access to, and use of, the
Site shall be governed by and construed in accordance with the laws of the State of Israel. The competent courts of Tel-Aviv, Israel,
shall have sole jurisdiction over any conflict and/or dispute arising out of, or in connection with, your use of the Site.
Copyright
Copyright © 2007-2008. Magic Software Enterprises Ltd. All rights reserved. The material on these
web pages is copyrighted by MSE. Please respect the rights of MSE.
All trademarks, service marks and trade names displayed on
the Site (collectively, the "Marks") are propriety to MSE, or other respective owners who have granted MSE the right and license to use
such Marks. The Marks displayed on the Site are subject to the trademark rights of MSE. These trademarks include, but are not
limited to, the following: Magic, eDeveloper and iBolt.
Permission is given to view the material on the MSE web
pages and save that material only for personal non-commercial reference. No copying, modifying, using or distributing the material
in any way is permitted unless you obtain the permission of MSE. MSE is not able to inspect or confirm that the material contained on the
web pages that are linked to this web page are correct in every case.
MSE provides the information on these web pages as is
and without any warranties, including merchantibility and fitness for a particular purpose, in no event will MSE be liable for any
loss of profit, business, use, or data or for indirect, special, incidental or consequential damages of any kind whether based in
contract, negligence or other tort. MSE may make changes to the web page materials and the product information and prices at any time
without notice and without obligation to update the materials contained on these web pages.
Safe Harbor
Statement
Except for the historical information and discussions contained herein, statements contained on this Site may
constitute "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. These statements
involve a number of risks, uncertainties and other factors that could cause actual results to differ materially, including but not
limited to the following: the receipt and shipment of new orders, the timely release of enhancements to the company's products, the
growth rates of certain market segments, the positioning of the company's products in those market segments, variations in the
demand for customer service and technical support, pricing pressures and the competitive environment in the software industry, business
and consumer use of the Internet, and the company's ability to penetrate international markets and manage its international
operations. The company undertakes no obligation to update information contained in this release. For further information
regarding risks and uncertainties associated with the company's business, please refer to the company's filings with the Securities
and Exchange Commission.
Revised: August 21, 2007
