The Math4Mobile mathematical applications on the Web Site were developed by Professor Michal Yerushalmy and Mr. Arik Weizman at the University of Haifa, Israel (“Haifa University”) as a tool for teaching and learning mathematics using a mobile phone (“Math4Mobile”). All proprietary and intellectual property rights in and to Math4Mobile and the information related thereto appearing on the Web Site, are owned by Carmel-Haifa University Economic Corporation Ltd. (“Carmel”), the commercial arm and technology transfer office of Haifa University.

These Terms of Use set out the entire terms and conditions for using Math4Mobile and the Web Site. By entering and/or using the Web Site and/or downloading and/or using Math4Mobile, you agree to abide by these Terms of Use. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use the Web Site and/or download or use the Math4Mobile applications and/or related information available on the Web Site.

You are only entitled to use this Web Site and/or download and/or use Math4Mobile for non­commercial purposes. The use of the Web Site and/or the Math4Mobile for commercial purposes requires a license for such use and in this regard please contact Carmel at carmel@univ.haifa.ac.il.

Use

Math4Mobile and the Web Site may be used for research and any other non-commercial purposes only and not for any other purposes, unless otherwise specifically agreed by Carmel in writing.

For the removal of doubt, Math4Mobile and the information on the Web Site may not be used for commercial purposes, unless and until Carmel specifically agrees thereto in writing.

Carmel hereby grants you a non-exclusive and non-transferable licence, without the right to grant sublicenses, to download Math4Mobile from the Web Site and use it solely for research and/or any other non-commercial purposes (the “Licence”). The Licence is currently granted free of charge.

The Licence shall become effective on the date upon which you first access the Web Site and/or download Math4Mobile from the Web Site. The Licence shall remain in force until terminated as provided herein.

You are not entitled to sell, assign, sublicense, lease or otherwise transfer Math4Mobile to any third party.

You agree to use the Web Site and Math4Mobile in accordance with all applicable laws and regulations. You further agree not to use Math4Mobile or any information on the Web Site for any illegal or wrongful purposes.

No technical support for use of the Web Site and/or Math4Mobile will be provided, except as otherwise specifically agreed by Carmel in writing.

Carmel reserves the right to modify Math4Mobile and/or the contents of this Web Site and/or these Terms of Use at any time without giving prior notice. By continuing to access and/or use Math4Mobile and/or the Web Site after such modifications are implemented, you shall be deemed to have accepted such modifications. You are recommended to monitor the Web Site regularly for any such changes.

The Licence will terminate automatically if you do not comply with these terms of Use. Without derogating from the aforegoing, Carmel reserves the right to terminate the Licence, without notice, for any reason, at any time. Upon termination of the Licence, you will cease any use of Math4Mobile and shall remove Math4Mobile from your computer(s) and mobile phone(s). The provisions of the “Copyright and other Intellectual Property Rights” and “Disclaimer” clauses below shall survive the termination of this Agreement for any reason.

Copyright and other Intellectual Property Rights

Math4Mobile and all information contained on the Web Site as developed by Professor Michal Yerushalmy and Mr. Arik Weizman at the University of Haifa, Israel are protected by copyright owned by Carmel.

You are not entitled to reproduce, distribute, transmit, publish, modify, remove or otherwise use any information nor any trademark or any other intellectual property right appearing on or contained in the Web Site, without prior written approval from Carmel, except as otherwise expressly provided in these Terms of Use.

You agree not to reverse engineer, recompile, disassemble, copy or otherwise attempt to discern the source code of the software forming part of Math4Mobile.

Information contained in the Web Site and/or relating to Math4Mobile may be reproduced and/or distributed for the purposes set out in these Terms of Use so long as the following are given credit: Carmel, Haifa University, Professor Michal Yerushalmy, Mr. Arik Weizman; and Math4Mobile.com and no copyright notices are altered or removed from any copies made.

Personal Information

Carmel and Haifa University are entitled to monitor the access to and use of the Web Site and/or Math4Mobile and to make a record and logs of certain information relating thereto, as long as no personally identifiable information is collected without your prior consent.

If personal information is collected via the Web Site, you agree to provide true, accurate, current and complete information and promptly update any change in your personal information. Carmel shall treat such information as confidential and shall not disclose such personal information to any third party other than Haifa University, except to the extent required by applicable law or any competent court or in order to enforce the terms hereof.

Contact information given by you may be used to get in touch with you when necessary, including, without limitation, in order to respond to any requests for information or any other requests by you.

Disclaimer

Carmel and/or Haifa University endeavour to keep information on the Web Site up to date, but cannot guarantee that the information provided is complete, accurate or of good quality.

MATH4MOBILE AND INFORMATION CONTAINED ON OR DOWNLOADED FROM THE WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED WITH RESPECT THERETO OR TO MATH4MOBILE AND/OR THE WEB SITE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT OF ANY THIRD PARTY RIGHTS.

WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, CARMEL DOES NOT WARRANT THAT THE WEB SITE AND/OR MATH4MOBILE WILL BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, SECURE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER. THE USE OF INFORMATION OBTAINED FROM OR THROUGH THE WEB SITE AND/OR MATH4MOBILE IS AT YOUR OWN RISK. YOU SHALL BE SOLELY RESPONSIBLE FOR THE USE OF THE WEB SITE AND/OR MATH4MOBILE. WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING TO YOUR COMPUTER(S) AND/OR MOBILE PHONE(S) OR ANY LOSS OF DATA.

CARMEL, HAIFA UNIVERSITY AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, RESEARCHERS, SUBCONTRACTORS AND AGENTS (“THE “INDEMNIFIED PARTIES”) SHALL NOT BE LIABLE FOR ANY CLAIMS, DEMANDS, LIABILITIES, COSTS, DAMAGE, OR LOSSES OF WHATEVER NATURE CAUSED TO OR SUFFERED BY ANY PERSON OR ENTITY THAT DIRECTLY OR INDIRECTLY ARISE OUT OF OR RESULT FROM THE USE OF MATH4MOBILE AND/OR THE WEB SITE AND/OR RELIANCE UPON ANY INFORMATION OBTAINED FROM OR THROUGH MATH4MOBILE AND/OR THE WEB SITE (COLLECTIVELY, “CLAIMS”).

YOU AGREE TO INDEMNIFY THE INDEMNIFIED PARTIES AND HOLD THEM HARMLESS FROM AND AGAINST ANY CLAIMS.

General

These Terms of Use constitute the entire agreement between you and Carmel with respect to the subject matter hereof and supersede any and all other agreements relating to the subject matter hereof.

The provisions of these Terms of Use are severable and, in the event that any provision of these Terms of Use shall, for any reason, be held by any court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such provision shall be deemed modified to the extent necessary to make the same valid and operative, or if it cannot be so modified, then deleted, and the validity, legality, or enforceability of the remaining provisions of these Terms of Use will not in any way be affected or impaired thereby.

Waiver

No failure by Carmel to exercise or enforce any right or provision of these Terms of Use shall constitute a waiver of such right or provision.

Governing Law and Jurisdiction

These Terms of Use shall be governed in all respects by the laws of the State of Israel,

without regard to the principles of conflict of laws that direct that the laws of another jurisdiction apply. You hereby consent to the exclusive jurisdiction of the competent courts in Tel-Aviv-Jaffa, Israel.