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Terms Of Use

Legal Terms of Use

Magic Software Enterprises Website Terms of Use

The services and/or materials Magic Software Enterprises Ltd. (“Magic”) 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 Website Information

Magic 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 Magic. 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 Magic, 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 Magic, you automatically grant (or warrant that the owner of such rights has expressly granted) Magic 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 Magic is free to use any ideas, concepts, know-how or techniques that you transmit to Magic for any purpose. Any information or material received from you shall be deemed non confidential.

Magic, 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. MAGIC 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. MAGIC 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. MAGIC 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.

MAGIC RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

Limitation of Liability

IN NO EVENT SHALL MAGIC 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 HYPERLINKED WEBSITE.

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 Websites, Content, Products, and Services

The Site provides links to websites and access to content, products, and services from third parties, including users, advertisers, analysts, affiliates, and sponsors of the Site. You agree that Magic is not responsible for the availability of, and content, products, and services provided on third-party websites. You should refer to the policies posted by the other websites regarding privacy and other topics before you use them. You agree that Magic 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 Magic 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 Magic is not responsible for any loss or damage of any sort that 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© 2012. Magic Software Enterprises Ltd. All rights reserved. The material on these Web pages is copyrighted by Magic. Please respect the rights of Magic.

All trademarks, service marks, and trade names displayed on the Site (collectively, the "Marks") are propriety to Magic, or other respective owners who have granted Magic the right and license to use such Marks. The Marks displayed on the Site are subject to the trademark rights of Magic. These trademarks include, but are not limited to, the following: Magic, eDeveloper, uniPaaS, iBOLT, Magic xpa, and Magic xpi.

Permission is given to view the material on the Magic 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 Magic. Magic 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.

Magic 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 Magic 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. Magic 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, refer to the company's filings with the Securities and Exchange Commission.

Revised: June 2012