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embodied therein) available at no cost.
5. Reverse Engineering. To the maximum extent permitted under the mandatory
provisions of law, you will not modify, reverse engineer, disassemble or decompile the
Software or any portion thereof or otherwise attempt to derive or determine the
source code or the logic therein. You will not tamper with, modify or defeat nor
attempt to tamper with, modify or defeat, any security measures built into the
Software.
6. Updates. All Updates delivered or made available by IVONA or its designated agents
are deemed to be part of the Software and use of all Updates will be governed by the
terms of this Agreement unless other terms are provided by IVONA with respect to
such Updates.
7. Intellectual Property Rights. The Software is protected by international intellectual
property laws and treaties. All rights are reserved. The Software is licensed and not
sold. IVONA and its licensors retain all right, title and interest in and to the Software
(including all Updates), together with all intellectual property rights embodied
therein. Nothing in this Agreement will be construed as granting, by implication,
estoppel or otherwise, to you or any third parties, any ownership interest in the
Software, and you will not claim for yourself or any third parties any right, title,
interest or license to any intellectual property rights except for the limited license that
has been expressly granted to you under this Agreement. No license, right or interest
in IVONA's or its Affiliates' logos, trademarks, service marks or trade names is granted
under this Agreement. You will not remove any copyright, trademark or other
intellectual property rights notices or markings appearing on the Software as
delivered.
8. Feedback. You may, from time to time, provide feedback to IVONA or its designated
agents in the form of suggestions or comments relating to the Software
("Feedback"). Both parties agree that all Feedback is and shall be given entirely
voluntarily. Feedback, even if designated as confidential by you, shall not, absent a
signed, written agreement with IVONA, create any obligation of confidentiality for
IVONA or its designated agents. You agree that you will not give Feedback that is
subject to license terms that seek to require any IVONA product, technology, service
or documentation incorporating or derived from such Feedback or any IVONA
intellectual property, to be licensed or otherwise shared with any third party.
Furthermore, except as otherwise set forth in a separate, subsequent written
agreement between the parties, IVONA will be free to use, disclose, reproduce, license
or otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely
without obligation or restriction of any kind on account of intellectual property rights
or otherwise.
9. Designated Agents. All of your requests for license renewals, Upgrades or any other
issues related to the Software or this Agreement shall be directed to IVONA'S
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designated agent unless the latter ceases to be IVONA's designated agent and/or
IVONA notifies you otherwise. In such case, you shall enter into any new agreement(s)
that may need to be executed regarding the subject matter hereof, in the sole
discretion of IVONA, with IVONA or any appointed new designated agent, as
applicable.
10. Term and Termination. This Agreement becomes effective on the date you accept
all terms herein. Unless specified otherwise by IVONA, this Agreement shall
terminate automatically upon your breach of any term of this Agreement. All of your
rights to the Software may be terminated by IVONA if the Software becomes, or in
the opinion of IVONA may become, the subject of any third party claim or action
alleging that the Software directly infringes a United States or European Union
copyright or patent. You may terminate this Agreement at any time by destroying
the Software, together with all copies and portions in any form; provided however
that no refunds of license fees will be made to you except as otherwise expressly
agreed to in writing by IVONA or its designated agent. Upon expiration or any
termination of this Agreement, you agree to destroy the Software together with all
copies and portions in any form and this sentence and the following Sections of this
Agreement will survive: Sections 4 (Restrictions), 5 (Reverse Engineering), 6
(Updates), 7 (Intellectual Property Rights), 8 (Feedback), 11 (Restricted Use), 12
(Consent to Use of Data), 13 (No Warranty), 14 (Disclaimer), 15 (Limitation of
Liability), 16 (Export), 17 (Governing Law), 18 (Severability), and 19 (Entire
Agreement).
11. Restricted Use. The Software is not designed or intended for use or resale in
hazardous environments requiring fail-safe performance, such as in the operation of
nuclear facilities, aircraft navigation or communication systems air traffic control, or
other devices or systems in which a malfunction of the Software would result in
foreseeable risk of injury or death to the operator of the device or system, or to
others, and you will not use the Software in any such environments.
12. Consent to Use of Data. You agree that IVONA, its Affiliates, and its designated
agents may collect and use technical and related information gathered in any
manner as part of support services related to the Software. IVONA and its Affiliates
may use this information to improve their products and/or to provide customized
services or technologies to you. IVONA and its Affiliates may disclose this
information to others, but not in a form that personally identifies you.
13. No Warranty. Neither IVONA nor any of its Affiliates, designated agents, licensors or
suppliers warrant that the Software will meet your requirements or that the
operation of the Software will be uninterrupted or error free. THE SOFTWARE IS
PROVIDED 'AS IS' AND 'WITH ALL FAULTS' . IVONA AND ITS AFFILIATES, DESIGNATED
AGENTS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR
CONDITIONS WITH RESPECT TO THE SOFTWARE AND ANY SERVICES PROVIDED
HEREUNDER, AND IVONA EXPRESSLY DISCLAIMS, ON BEHALF OF ITSELF AND ITS