Technology Preview License Agreement

IMPORTANT READ CAREFULLY:

1. This Gizmox End-User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity)("Licensee") and Gizmox LTD. for the Gizmox software product(s) accompanying this Agreement, which include(s) computer software and may include "online" or electronic documentation, associated media, and printed materials, including the source code, example programs and the documentation ("Licensed Software").
    
2. By clicking the I agree, by downloading or by installing, copying, or otherwise using the Licensed Software, Licensee agrees to be bound by the terms of this Agreement. If Licensee does not agree to the terms of this Agreement, Licensee may not install, copy, or otherwise use the Licensed Software. In addition, by installing, copying, or otherwise using any updates or other components of the Licensed Software that Licensee receives separately as part of the Licensed Software ("Updates"), Licensee agrees to be bound by any additional license terms that accompany such Updates. If Licensee does not agree to the additional license terms that accompany such Updates,Licensee may not install, copy, or otherwise use such Updates.
    
3. The Licensed Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Licensed Software is licensed, not sold.
    
4. Upon Licensee's acceptance of the terms and conditions of this agreement, Gizmox LTD. grants Licensee the right to use the Licensed Software in the manner provided below.
    
5. Gizmox LTD. grants to Licensee as an individual a personal, nonexclusive, non-transferable, license for the sole purposes of evaluating and testing the Licensed Software and/or providing feedback to Gizmox LTD.
    
6. This Licensed Software is time-limited. All rights granted to Licensee in this Agreement will be void upon Gizmox LTD. official release of the product licensed by this agreement.
    
7. Licensee may install copies of this Licensed Software on an unlimited number of computers provided that Licensee is the only individual or entity using the Licensed Software.
    
8. Licensee may not loan, rent, lease, or license the Licensed Software or any copy of it. Licensee may not alter or remove any details of ownership, copyright, trademark or other property right connected with the Licensed Software.
    
9. The Licensed Software may provide links to third party libraries or code (collectively "Third Party Libraries") to implement various functions. Third Party Libraries do not comprise part of the Licensed Software. In some cases, access to Third Party Libraries may be included along with the Licensed Software delivery as a convenience for development and testing only. Those links do not comprise the Licensed Software. Licensee acknowledges (1) that some Third Party Libraries may require additional licensing of copyright and patents from the owners of such, and (2) that distribution of any of the Licensed Software referencing any portion of a Third Party Library may require appropriate licensing from such third parties.
    
10. Pre-Release Code, Non-Commercial Use: The Licensed Software contains Pre-release Code that is not at the level of performance and compatibility of a final, generally available, product offering. The Licensed Software may not operate correctly and may be substantially modified prior to first commercial shipment, if any. Gizmox LTD. is not obligated to make this or any later version of the Licensed Software commercially available. The Licensed Software is "Not for Commercial Use" and may only be used for the purposes described in section 5. You may not use the Licensed Software in a live operating environment where it may be relied upon to perform in the same manner as a commercially released product.
     
11. WARRANTY DISCLAIMER: THE LICENSED SOFTWARE IS LICENSED TO LICENSEE "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Gizmox LTD ON BEHALF OF ITSELF AND ITS SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE LICENSED SOFTWARE.
     
12. LIMITATION OF LIABILITY: GIZMOX LTD SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO LICENSEE BASED ON FAILURE OF THE LICENSED SOFTWARE NOR SHALL GIZMOX LTD UNDER ANY CIRCUMSTANCES BE LIABLE FOR SPECIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS OR INTERRUPTION OF BUSINESS OR FOR LOSS OR CORRUPTION OF DATA. ANY AWARD OF DAMAGES FROM GIZMOX LTD TO LICENSEE SHALL NOT EXCEED THE TOTAL AMOUNT LICENSEE HAS PAID TO GIZMOX LTD. IN CONNECTION WITH THIS AGREEMENT.
     
13. Termination: Without prejudice to any other rights, GIZMOX LTD may terminate this Agreement if Licensee fails to comply with the terms and conditions of this Agreement. In such event, Licensee must destroy all copies of the Licensed Software and all of its component parts.
     
14. EXPORT RESTRICTIONS. Licensee agrees not to export or re-export the Licensed Software, any part thereof, or any process or service that is the direct product of the Licensed Software. Licensee may not sell, resell, or otherwise transfer for value, the Licensed Software (the foregoing collectively referred to as the "Restricted Components"), to any country, person, entity or end user subject to U.S. export restrictions.
     
15. Without limiting the generality of the foregoing, Licensee shall not export, reexport, disclose or distribute any of the Licensed Software in violation of any applicable laws or regulations, and shall comply with all such laws and regulations.
     
16. Entire Agreement: This Agreement constitutes the complete agreement between the parties and supersedes all prior or contemporaneous discussions, representations, and proposals, written or oral, with respect to the subject matters discussed herein. No modification of this Agreement will be effective unless contained in a writing executed by an authorized representative of each party. No term or condition contained in Licensee's purchase order will apply unless expressly accepted by Gizmox LTD in writing. If any provision of the Agreement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in this Agreement shall remain in effect.
     
17. Governing law, legal venue: This Agreement shall be construed, interpreted and governed by the laws of the State of Israel. Any action or proceeding arising from or relating to this Agreement shall be brought in a court in the Israel, Tel Aviv  District and each party irrevocably submits to the personal jurisdiction of any such court in any such action or proceeding. The Agreement gives Licensee specific legal rights; Licensee may have others, which vary from state to state and from country to country. Gizmox LTD. reserves all rights not specifically granted in this Agreement.