PLEASE READ THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT ("LICENSE AGREEMENT") CAREFULLY BEFORE OPENING THE PACKAGE CONTAINING THIS COMPUTER SOFTWARE - MeCanto PC Client (THE “SOFTWARE”), AND/OR BEFORE DOWNLOADING OR INSTALLING THE SOFTWARE, AND INDICATE YOUR ACCEPTANCE BY CHOOSING “I ACCEPT”. THE SOFTWARE IS COPYRIGHTED AND LICENSED (NOT SOLD). BY CHOOSING “I ACCEPT”, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY ALL THE TERMS OF THIS LICENSE AGREEMENT. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE SOFTWARE, BETWEEN YOU AND HYRAX MEDIA LTD. (“LICENSOR”). WE RECOMMEND THAT YOU KEEP A COPY OF THIS LICENSE AGREEMENT FOR YOUR RECORDS.

IF YOU DO NOT AGREE TO THIS LICENSE AGREEMENT DO NOT DOWNLOAD, COPY OR INSTALL THE SOFTWARE OR ANY PART THEREOF, AND DO NOT USE IT IN ANY MANNER WHATSOEVER.

1.    License Grant. Subject to the provisions contained herein and subject to payment of applicable license fees (if applicable), Licensor hereby grants you a limited, non-exclusive, non-transferable license to use the Software in machine-readable, object code form only, and install it on your computer in order to enable the transfer of your Content as defined below to Licensor's server and conversion of such Content's format to enable  transmission thereof via your personal computer, mobile device and/or cellular phone, solely for your personal use.   The term "Content" shall mean any content of any type including musical content, video clips or other. When "Content" is used in the context of "your Content" it means any Content that is transferred to Licensor's server or otherwise provided by you (passively or actively) to Licensor.  

2.    Restrictions on Use. You may not: (i) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; (ii) place the Software and/or Content onto a server so that it is accessible via a public network (iii) except as permitted herein, share or permit other individuals/entities to use the Software, rent, lease or transfer the Software or rights to the Software; (iv) copy the Software, except for one copy for back-up purposes, provided any such copy must contain all of the original Software's proprietary notices; (v) delete or modify any attributions, legal notices or other proprietary designations or labels on the Software, or on any third-party software/material. (vi) use the Software by itself or in conjunction with any other products to infringe upon any third party's rights, including without limitation third party's intellectual property rights, to invade a person's privacy in any way, or to track, store, transmit or record personal information about any person. Licensor may but is not obligated to conduct random checks to ensure your compliance with the foregoing restrictions. Any such forbidden use shall immediately and automatically terminate your license to use the Software without derogating from other remedies available to Licensor at law or in equity.

3.    License to Access Your Content. You hereby grant to Licensor, a non exclusive license, to access and transfer your Content to Licensor's server (by means of the Software) to store your Content on Licensor's server and to convert your Content's format to enable transmission thereof onto your personal computer, mobile device and cellular phone. You acknowledge and warrant that your Content and/or any storage, transmission or retransmission or any use or download thereof by you and by Licensor as permitted herein, shall not violate or infringe any third party intellectual property rights or any privacy right. For the avoidance of doubt, Licensor has no responsibility for and shall not bear any liability as to your Content and has no obligation to screen, review, edit or monitor the Content.

4.    Title and Ownership. You acknowledge and agree that the Software, including any revisions, corrections, modifications, enhancements and/or upgrades thereto, accompanying materials, and any copies you are permitted to make under this License Agreement is and shall remain owned solely by Licensor and/or its licensors. All right, title, and interest in and to the Software, including associated intellectual property rights (including, without limitation, any patents (registered or pending), copyrights, trade secrets, trademarks, etc.), evidenced by or embodied in and/or attached/connected/related to the Software (including, without limitation, the code), are and shall remain owned solely by Licensor and/or its licensors. This License Agreement does not convey to you any interest in or to the Software, but only a limited, revocable right of use in accordance with the terms of this License Agreement. Nothing in this Agreement constitutes a waiver of Licensor’s intellectual property rights under any law.

5.    Upgrades/Updates. Licensor may, at its sole discretion notify you through a patch process, or by email, or website posting of such updates or upgrades available for download. Some updates/upgrades may be optional and some may be mandatory in order to operate the Software. At its sole discretion, Licensor may, but is not obligated to, provide email and/or internet based support with online help.

6.    Data Monitoring. You acknowledge and agree that Licensor may retrieve and/or monitor data within any computer network in which the Software has been installed to the extent permitted by applicable law and for the purpose of any applicable support services and/or verifying compliance with the terms set forth herein.

7.    Payment for use of software. Licensor may, at its sole discretion decide to charge for the use of this software. Your right to use this Software automatically terminates if you fail to pay for the use of the Software.

8.    Third Party Software. Any third party software that may be provided with the Software is included for use at your option. Such third party software is provided under the applicable licenses attached to such third party software or if no such licenses are attached, then the restrictions contained in this Agreement shall apply to all such third party software providers and third party software as if they were Licensor’s and the Software, respectively. In any event, third party software is provided AS IS and Licensor is not responsible for any losses or damages which may occur resulting from the use of any third party software.

9.    Open Source Code. You acknowledge that various open source code components are included in the Software ("Open Source Code(s)"). Such Open Source Codes are licensed under the terms of applicable open source license agreements included in the materials relating to such code. The Open Source Code is composed of individual software components, each of which has its own copyright and its own applicable license conditions which shall apply respectively notwithstanding any provision in this License Agreement to the contrary. For details on how you may obtain the Open Source Codes at no charge and for the applicable license terms for each such Open Source Code, please go to the following web-links:

a.    CURL [http://curl.haxx.se/]. This Open Source Code is protected under the following copyright notice and terms:

Copyright (c) 1996 - 2008, Daniel Stenberg, <daniel@haxx.se>. All rights reserved.

Permission to use, copy, modify and distribute this software for any purpose with or without fee is hereby granted; provided that the above copyright notice and this permission notice appear in all copies. Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization of the copyright holder.

b.    OpenSSL [http://www.openssl.org/]. This Open Source Code is protected under the following copyright notice and terms:

Copyright (c) 1998-2008 The OpenSSL Project.  All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

3. All advertising materials mentioning features or use of this software must display the following acknowledgment:

"This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)"

4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact openssl-core@openssl.org.

5. Products derived from this software may not be called "OpenSSL" nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project.

6. Redistributions of any form whatsoever must retain the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)"

 * This product includes cryptographic software written by Eric Young (eay@cryptsoft.com). This product includes software written by Tim Hudson (tjh@cryptsoft.com).

c.    TagLib [http://developer.kde.org/~wheeler/taglib.html] This Open Source Code is released under the Mozilla Public License Version 1.1 terms of which are set forth at http://www.mozilla.org/MPL/;

d.    FFmpeg [http://ffmpeg.org/]. This Open Source Code is released under the LGPL terms of which are set forth at http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html.

e.    DISCLAIMER. By using the Open Source Codes, you agree to comply with their respective license terms. Notwithstanding any provision in this Agreement to the contrary, the following terms will apply with respect to the Open Source Codes: ANY OPEN SOURCE CODE INCLUDING ANY AND ALL CONTRIBUTED DEVELOPMENTS MADE TO SUCH CODES BY LICENSOR AND/OR ANY OTHER CONTRIBUTORS ARE PROVIDED TO YOU ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL LICENSOR, ITS LICENSORS AND/OR THE AUTHORS OR COPYRIGHT HOLDERS OR CONTRIBUTORS TO THE OPEN SOURCE CODES OR ANY PART THEREOF BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

10.    Termination. Without prejudice to any other rights, Licensor may terminate this license at any time with or without cause. Your right to use this Software automatically terminates if you fail to comply with any material provision of this Agreement. Upon termination you agree to stop any use of the Software and destroy the Software, any related documentation and all copies and portions thereof. Licensor reserves the right to delete your Content upon such termination.

11.   Compliance with law. You agree to use this Software only in compliance with the applicable law and only with properly licensed media and Content.

12.   Warranty Disclaimer. THE SOFTWARE, AND ANY RELATED SERVICES MADE AVAILABLE BY LICENSOR IN CONNECTION THEREWITH  INCLUDING WITH THE DOWNLOADING, TRANSMISSION OF, LISTENING OR VIEWING ANY CONTENT ARE PROVIDED BY LICENSOR ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. LICENSOR SPECIFICALLY DISCLAIMS ANY WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE OR SECURE. WITHOUT DEROGATING FROM THE FOREGOING, LICENSOR HAS NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, UNAVAILABILITY, DEFECT, DELETION, DELAY IN OPERATION OR TRANSMISSION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS OR ALTERATION OF, ANY CONTENT AND/OR ANY USER INFORMATION WHETHER RELATED OR UNRELATED TO THE USE OF THE SOFTWARE. LICENSOR DOES NOT BACKUP ANY OF YOUR CONTENT AND HAS NO RESPONSIBILITY FOR ANY DAMAGE WHICH MAY ACCRUE TO SUCH CONTENT.

13.   Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR FURTHER DISCLAIMS ALL WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIERS OR RESELLERS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA OR CONTENT, LOSS OF USER DETAILS, LOSS OF PROFITS, DAMAGES FOR PERSONAL INJURY OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LICENSOR RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH  DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

14.   Privacy Policy. All conduct and communications related to your use of the Software pursuant to this License Agreement are governed by Licensor's Privacy Policy http://mecanto.com/privacy and Terms Of Use http://mecanto.com/termsofuse. By clicking "I ACCEPT", you acknowledge that you agree to the terms set forth therein. Your agreement to the Privacy Policy and Terms Of Use is a precondition to the license granted pursuant to this License Agreement.

15.   Changes to Software or License Agreement. Licensor reserves the right, at its sole and absolute discretion, to modify, add to or delete any of the terms and conditions of this License Agreement at any time, including without limitation the availability of any feature of the Software, the bandwidth and storage allotted for any of Licensor's services, fees, effective with or without prior notice. Material changes will be notified in advance through a patch process, or by email, or website posting – at Licensor's discretion. If you disagree to any such change, you must terminate, and immediately stop using, the Software. Your continued use of the Software, following any revision of the Software or this License Agreement, constitutes your complete and irrevocable acceptance of any and all such changes. Licensor may change, modify, suspend, or discontinue any aspect of the Software or related services at any time.

16.   Indemnity. You undertake to compensate, indemnify and hold harmless, and agree to defend Licensor against any third-party claim or action brought against Licensor or any of its parent, subsidiary or affiliated companies, its or their directors, officers, employees or assigns, from and against any and all claims, actions, losses, liabilities, damages, costs and expenses (including legal fees and costs) arising out of or in connection with any acts or omissions by you or breach of your obligations and/or warranties herein.

17.   Miscellaneous. This License Agreement may be amended only by a writing duly executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.  This Agreement shall be construed and governed in accordance with the laws of Israel (regardless of its conflict of law provisions) and you agree to the exclusive jurisdiction of the competent courts in Israel. Failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. In the event of dispute between the Parties hereto concerning this Agreement, any and all legal costs, and reasonable attorney's fees, incurred by the prevailing Party in connection with such a dispute, shall be paid by the non-prevailing Party.

I HAVE READ AND UNDERSTOOD THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ALL OF THE TERMS.

Please indicate your acceptance by choosing 'I ACCEPT'.