This document (this “EULA”) sets forth the general terms and conditions for the use of the Product (defined below) by an end user licensee (the “End User”), who lawfully acquired a valid license to the Product from an authorized reseller of MIND C.T.I. Ltd. (the “Reseller” and the “Company”, respectively) pursuant to a commercial agreement between the End User and the Reseller (the “Commercial Agreement”).
By entering into the Commercial Agreement and/or using the Product, the End User undertakes to comply with the terms and conditions set forth herein, and this document shall be deemed a binding agreement between the Company and the End User (each of which shall be referred to hereinafter as a “party’, and collectively as the “parties”).
“Confidential Information” means, in this EULA, any information or materials in oral, written, pictorial, magnetic, graphic or maintained or transferred in any other media, which have been previously disclosed or may hereafter be disclosed by the Discloser to the Recipient, relating to the financial, technological and business information, products, services and/or operations of the Discloser, including, but not limited to, business plans, agreements, trade secrets, know-how, patents, formulae, data, source code, object code, product plans, product specifications, technical information, customer lists, and all other information of any kind or nature whatsoever, whether or not contained or incorporated in drawings, photographs, memoranda, operational documents, models, prototypes, designs, quality control and test charts, lists, manuals and methods, whether or not labeled as confidential or proprietary, and including, without limitation, all copies, excerpts, modifications, translations, enhancements and adaptations of all the foregoing, whether made by the Discloser or otherwise.