The following agreement was drafted in consultation with teaching professors and all which is set out therein applies in Torah Law, upon all its details and precisions.
We are pleased to make available to you the digital book database "Otzar HaHochma"™. We have heavily invested and bothered in order to achieve an available, friendly and easy to use product, even to those, who have not had any experience in using a computer so far. Please contact Costumer Service at the address shown at the heading of the License Agreement for any problem or malfunction.
The terms, set out below form a binding contract between you and the Or HaHochma Limited company (hereinafter: "the Publisher"). They regulate your rights and duties in relation to the use of the "Otzar HaHochma"™ software, including its packaging, supporting literature and any other material, contained in the packaging (hereinafter: "the Software"), in magnetic format in which the Software is stored and in the contents stored therein and in their computer program (hereinafter the Software" and all the above together and separately shall be known as: "the Database").
The Database is sold and marketed together with a computer hard-drive (hereinafter: "the Designated Hardware"). Warranty upon the Designated Hardware is in accordance and subject to the terms, set out at the Manufacturer's Warranty, attached to the Licensing Agreement and forms part of its parts.
The Publishers only grants you the right to use the "Otzar HaHochma" Software and the digital book database and reserves full ownership of the database, all in accordance with the terms set out herein.
The Publisher hereby awards you a non-exclusive license for the use of this Database, the terms of which are set out below, subject to payment of licensing fees as appear in this Agreement, and to the fulfillment of the terms herein.
All intellectual property rights in the Software – including copyright, trademarks, designs, patents and trade secrets – belong exclusively to the Publisher. The Software is protected, inter alia, by the Copyright Law 1911, Copyright Order 1924 and/or the provisions of any other law, in Israel and abroad, applicable and/or as may in the future be applicable to computer software.
All intellectual property rights in the computer format in which the contents are stored and presented belong exclusively to the Publisher, as do all intellectual property rights in the digitization of the program in the Database.
Please note, the Database and its contents are protected by advanced technological means designed to prevent any unauthorized use of the Database. Any breach of copyright in the Database constitutes a civil wrong and criminal act. Without derogating from the Publisher’s rights under the terms of this License and/or under any law, in the event of copyright breach in the Database, any rights awarded under this License shall ipso facto expire. In such an event you must immediately cease all use of the Database, and you hereby undertake before the Publisher to do so.
The database is granted for your personal and private use. You may not make any commercial use howsoever of the database.
This license permits you to use the Database by means of the Designated Hardware only. The number of users permitted to use the Database simultaneously shall be according to the number of copies ordered from the Database, as recorded at the top of the order form.
Neither the Database nor any part or component thereof may be connected to an additional computer or to a computer network – including any connection using cables, telephone lines, wireless, infrared, internet, or any other means of computer communication.
Any actions not explicitly permitted in this License Agreement with respect to the Database are hereby prohibited. This shall include (without, however, derogating from the aforesaid) that you are not to copy, reproduce, distribute, market, translate, reengineer, decompile and/or disassemble, adapt, recode, create any development, change or derivation of the Software, harm, distort or change the Software and/or the Database, remove any notice regarding copyright in the Software from the Designated Hardware or from the Software Package, grant any user’s rights or sub-licenses or perform any action the results of which would cause injury to the Publisher’s copyright in the Database or the awarding of rights in the Database to any third party whomsoever.
The aforesaid does not exhaust the actions prohibited in the Database. Remember: thousands of work hours and great effort were invested in the development of the Software, assembly of the contents and creation of the Database. The Database is, by law, the equivalent of a book, picture or other work of art. Actions that are prohibited with respect to those creations are prohibited with respect to the Database as well.
The Publisher may include digital protection in the Database in order to enforce the restrictions of this License. You hereby undertake, as a fundamental and basic term of this License, not to bypass or crack or disengage such protections, and not to attempt any of the aforesaid.
The Publisher guarantees that the Database will perform in accordance with the attached documentation for a period of twenty-four months from the date of purchase – using the Designated Hardware and the operating system compatible with the requirements appearing in the documentation. The warranty also includes constant updates related to the development of the Software. In the event you are provided with an alternative database, warranty with respect to it will be until the end of the warranty period for the original Software, or for a period of 45 days, according to the longer of the two aforesaid periods.
There shall be no liability on the part of the Publisher in the event that any of the prohibited actions were performed in the Database.
In addition, the Publisher shall not be liable for any fault not originating in the Database and/or not covered by the Designated Hardware manufacturer’s warranty and not stemming from normal, skilled and correct operation of the Database (for example, any fault originating in a third party’s hardware or electrical interference to the computer, any fault originating in changes in the software’s *.INI files, etc.). The Publisher shall not be liable for any fault, breakdown or problem occurring in the Database or as a consequence thereof after the conclusion of the said 24 months from the date of purchase.
In such cases in which the company warranty does not apply to the hardware, Ohr HaHochma Publication will be glad to provide new hardware (in exchange for the old hardware) and to provide any missing material in the database, provided that it is possible to do so. This will take place in exchange for remuneration for the cost of the new hardware as well as payment for the service, and in accordance with the most recent existing Otzar HaHochma version at that time. In the case that the customer did not yet purchase the most recent version, the customer will provide the additional remuneration for it.
The Database is designed to serve as a tool for reading, studying and retrieval of information from Jewish sources and from the teachings of the sages. The Publisher does not guarantee that the material stored in the Database or the use thereof is whole and/or exhaustive. The Publisher does not guarantee that the information is free of mistakes and/or imperfections and/or imprecise details and/or omissions, or that it will suit your needs. In any event, the information should be checked.
The Publisher shall not, in any event, bear liability for any damages, payments, losses, expenses, loss of profits, cessation of business, loss of information, or any other direct or indirect damages stemming from the use of the Database, even if not set forth explicitly herein, unless of no more than an amount, equal to NIS400 (four hundred New Shekels) for any copy of the database, lawfully purchased from the Publishers.
The Publisher shall not bear liability of any sort or kind vis-à-vis any third party that did not purchase the Database directly from it and does not lawfully hold a user’s license.
The period of liability for the Designated Hardware is two years as stated in the warranty and it shall apply with respect to the Designated Hardware:
The warranty for the Designated Hardware shall be provided directly by the Designated Hardware manufacturer (hereinafter: “the Manufacturer”). The Publisher shall serve only as a contact point between you and the Manufacturer or the Manufacturer’s authorized representative in Israel.
Warranty for the Designated Hardware shall not apply with respect to faults originating in:
Warranty for the Designated Hardware shall ipso facto expire upon the event of one or more of the following events:
The Database shall be used as is. The Publisher does not guarantee that the Database is suited to the needs of a particular user or for any particular purpose. Therefore, the Publisher shall not bear liability in the event it is discovered that the Database does not suit your needs or fails to meet all or some of your demands – save in the event of non-suitability due to a fault or problem with the Software, for which the Publisher is liable under the “Liability and Remedies” section hereinabove. In this event, the Publisher’s liability shall be limited as stated in aforesaid section.
The Publisher may add, change and also remove some of the contents contained in the Database from time to time, or upgrade the Software, at its exclusive discretion, and shall be permitted to do so by means of provision of software updates which you undertake to install in the Software. All provisions of this License shall apply to any such changes and upgrades.
The Publisher may publish updated and improved versions of the Database from time to time. This License does not entitle you to the right to receive such aforesaid versions.
This User License is conditional upon full and exact payment of remuneration to which the Publisher is entitled according to the order form.
In the event of contention or a dispute with the Publisher, you undertake to bring the matter before the Bnei Brak Rabbinical Court, headed by the Gaon Rabbi Nissim Carlitz Shlita, under the laws of the Torah, and should any unfortunate event prevent the aforesaid from hearing the matter for any reason whatsoever – it shall be heard at any other Rabbinical Court as the Publisher shall decide.
All the terms contained hereinabove, even lacking in one or more sentences of condition, shall apply and be interpreted according to the law of the Torah.