This Web site is provided by InVision Software, Inc. (“InVision”). By using this site, you agree to be bound by the terms and conditions set forth in this Agreement.
Subject to the terms and conditions of this Agreement, InVision grants you a nonexclusive, nontransferable, limited right to access and use this site and to view and download the information and InVision software provided hereon. The information and software provided on this site are the property of InVision or its licensors and may be protected by copyright or trademark. They are provided herein for your personal, noncommercial use only, subject to the following: 1) use of the site does not transfer or convey title to or ownership of the information or software, nor are you granted any express or implied rights to any patents, trademarks, copyrights, or trade secret information, or to the software, except that granted hereby; 2) you may not modify, distribute, sell, or republish the information or software, or use it for any commercial purpose without written permission from InVision; 3) you may not transfer the information or software to any other person without their knowledge and acceptance of these terms and conditions; 4) you agree to adhere to all applicable copyright laws.
InVision does not warrant the accuracy, reliability, or completeness of any of the information displayed on the site or the software provided; it is provided "as is," without any warranty, express or implied, whatsoever, including, without limitation, implied warranties or any warranties of merchantability or fitness for a particular purpose. Further, InVision does not warrant that the software and information contained on the Website are free of viruses, unauthorized code, or misinformation. You agree to assume all risks arising from your use of the Website and its information and software.
InVision shall not be liable to any person or entity for any direct, indirect, consequential, exemplary losses, or other damages, (including but not limited to lost profits, business interruption, data loss, or computer malfunction) arising from the use of this Web site or your reliance upon the information or use of the software, even if InVision is advised of the possibility of such damages. For clients who purchase goods or services from the Web site, the sole and exclusive remedy for any InVision liability (including, without limitation, negligence) shall be a refund of the price paid for the goods or services. A refund for services shall not exceed the amount of the actual cost paid by the Client for the software.
You agree to hold InVision and its affiliates harmless against any expenses, costs, damages, or losses, and any and all costs of litigation arising from the use or misuse of this Website, or arising from the loss of your password and unauthorized use.
InVision reserves the right to amend or change any part of this Agreement without prior notice, and all changes shall be binding and effective when notice of the change(s) is posted.
©2004-2006 InVision Software, Inc. All rights reserved.
The names, logos, and other marks identifying InVision Software, Inc. and its products and services are proprietary marks of InVision Software, Inc. Product names used or mentioned on this Web site are or may be the trademarks of their respective owners. All trademarks and service marks are the property of their respective owners.
InVision Software, Inc. warrants hardware products against defects in materials and workmanship to the purchaser for a period of one (1) year from the date of shipment. This warranty is limited to a repair or replacement of the product. To obtain warranty service, the purchaser must first call InVision Software, Inc. for an RMA number, then return the product to InVision Software, Inc. for repair or replacement.
The purchaser shall prepay shipping charges for products returned to InVision Software, Inc. InVision Software, Inc. will pay for return of the products to purchaser, except that purchaser shall pay all shipping charges, duties, and taxes for products returned to InVision Software, Inc. from a country other than the United States.
InVision Software, Inc. makes no other warranty of any kind with regard to this material. InVision Software, Inc. shall not be liable for errors contained herein or for incidental or consequential damages in connection with the furnishing, performance, or use of this material.
InVision Software, Inc. warrants that a product is new or has been remanufactured to meet new standards using new or serviceable used parts. InVision Software, Inc. makes no other warranty, either expressed or implied, with respect to hardware products. InVision Software, Inc. specifically disclaims the implied warranties of merchantability and fitness for a particular purpose.
Some states or provinces do not allow limitations on how long an implied warranty lasts, so the above limitation or exclusion may not apply to you.
The remedies provided herein are the customer’s sole and exclusive remedies. In no event shall InVision Software, Inc. be liable for any lost profits, direct, indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory.
By installing a software product produced by InVision Software, Inc., you signify that you accept, have read, and understood all the terms and conditions of this license agreement. You also agree that this agreement is the complete and exclusive statement of agreement between you and InVision Software, Inc. (the parties) and supersedes all proposals or prior agreements, verbal or written, and any other communications between the parties relating to the subject matter of this agreement.
If you do not agree to any of these terms or conditions, do not install, copy, or use an InVision Software software product. IF YOU HAVE ALREADY INSTALLED THE SOFTWARE AND YOU DO NOT AGREE with any of these terms or conditions, delete or uninstall any and all versions of this software from your computer.
This LICENSE AGREEMENT is entered into between "InVision Software, Inc." (hereafter referred to as "InVision") and each and every individual and/or entity (hereafter referred to as "User") directly or indirectly utilizing a software product.
This "product" (hereafter referred to as "Software") must be licensed separately for each User/Device. Software shall also include any upgrades, modified versions, or updates of Software licensed to the User by InVision. More than one User utilizing the same computer shall be licensed under this agreement. For each licensed copy of the Software, User may reproduce one additional copy solely for backup purposes or reinstallation on the same device. User may NOT transfer the Software from one device to another. This License is personal to the User and User agrees not to assign User's rights herein. This License Agreement grants to User a non-exclusive, non-transferable license to use this Software in binary executable form.
If User is a unit or agency of the United States Government or is acquiring the Software for any such unit or agency, the following applies: (a) If the unit or agency is the Department of Defense ("DOD"), the Software and any related documentation are classified as "commercial computer Software" and "commercial computer Software documentation," respectively, and, pursuant to DFAR Section 227.7202, the Government is acquiring the Software and any related documentation in accordance with the terms of this Agreement; (b) If the unit or agency is other than DOD, the Software and any related documentation are classified as "commercial computer Software" and "commercial computer Software documentation," respectively, and pursuant to FAR Section 12.212, the Government is acquiring the Software and any related documentation in accordance with the terms of this Agreement.
The Software is owned by InVision. The Software, its structure, organization, and code are the valuable trade secrets of InVision and its suppliers. The Software is protected by United States Copyright and Patent Law and International Treaty provisions. User agrees not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software. User may use trademarks only to identify printed output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give User any rights of ownership in that trademark. Except as stated above, this Agreement does not grant User any intellectual property rights to the Software. Title, ownership rights, and intellectual property rights in and to the Software shall remain in InVision Software, Inc. and/or its suppliers. User agrees to abide by the copyright laws and all other applicable laws of the United States including, but not limited to, export control laws. User acknowledges that the Software in source code form remains a confidential trade secret of InVision and/or its suppliers and therefore User agrees not to modify the Software or attempt to decipher, decompile, disassemble or reverse engineer the Software, except to the extent applicable laws specifically prohibit such restriction.
User shall comply with all local, state and federal laws and regulations applicable to User's activities under this Agreement, including, but not limited to, all Department of Commerce and other United States export controls.
USER SPECIFICALLY AGREES THAT SOFTWARE WILL NOT BE USED, DIRECTLY OR INDIRECTLY, FOR ANY ILLEGAL, SEXUAL OR PORNOGRAPHIC PURPOSES.
To the maximum extent permitted by law, InVision and its affiliates provide User with this Software, and any (if any) support services to the Software, as is, and with all faults. InVision expressly disclaims any and all express warranties, implied warranties, or statutory warranties and all other warranties and conditions, including the implied warranties or conditions of merchantability, fitness for a particular purpose, satisfactory quality, noninfringement, and their equivalents under the laws of any jurisdiction. InVision does not warrant or make any representations regarding Software’s correctness, accuracy, reliability, or otherwise. Should the software prove defective, User (and not InVision, its employees, or affiliates) will assume the entire cost of all necessary servicing, repair, or correction. If any warranties or conditions to the Software are implied by law or cited in law, then all such warranties or conditions are limited in duration to ninety (90) days from the date of the initial installation of Software onto User’s computer. InVision does not warrant that the operation of the Software will be without defect or without error, or that defects in this software will be corrected. Some jurisdictions do not allow an exclusion of express or implied warranties or conditions, so the above exclusion may not apply to User.
InVision does not warrant that the software and its documentation are free from defect. Under no circumstances and under no legal theory, tort, contract, or otherwise, shall InVision or its distributors, dealers, or employees be liable to User or any other person, for any indirect, special, incidental, or consequential damages of any character including, but not limited to, damages for loss of profit or goodwill, work stoppage, computer failure or malfunction, or any and all use of other commercial damages or losses occasioned by the useof software.
Notwithstanding any damages that User might incur for any reason whatsoever (including, but not limited to, all damages referenced above and all direct or general damages), the entire liability of InVision and any of its suppliers under this license agreement and User’s exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by User for the Software or U.S. $5.00. The foregoing limitations, exclusions, and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
In no event will InVision be liable for any damages in excess of U.S. $5.00 or the price User paid for the Software, even if InVision shall have been informed of the possibility of such damages, or for any claim by any other party. This limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation. Furthermore, some states and jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to User in those states or jurisdictions that allow such exclusion.
InVision may terminate this License at any time by delivering notice to User and User may terminate this License at any time by destroying or erasing all User's copy(ies) of the Software. Upon termination of this License, User agrees to destroy or erase the Software. In the event of termination, all rights bestowed on InVision pursuant to this License Agreement are exclusively reserved with InVision.
This License shall be governed by and construed in accordance with the laws of the State of Delaware and, as to matters affecting copyrights, trademarks, and patents, by U.S. Federal law.
Notwithstanding the foregoing, to the extent that any court, tribunal, or other governmental authority of competent jurisdiction determines that any terms of this Agreement are in conflict with the terms of any statute, treaty, or regulation, the conflicting terms of this Agreement shall be superseded only to the extent necessary by the terms required by such law, statute, treaty, or regulation. If any provision of this Agreement shall be otherwise unlawful, void, or for any reasons unenforceable, then that provision shall be enforced to the maximum extent permitted so as to effect the parties' intent. In either case, the remaining provisions of this Agreement shall remain in full force and effect.
This License sets forth the entire agreement between User and InVision Software, Inc.
All rights not expressly granted are reserved by InVision Software, Inc.
Should User have any questions concerning this License Agreement, User should contact InVision in writing at:
InVision Software, Inc.
110 Lake Ave. South, Suite 35
Nesconset, NY 11767-2085
InVision hardware products have been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses, and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:
InVision Software, Inc. is not responsible for radio/TV interference caused by using unauthorized cables or by making unauthorized changes to this equipment.
Products with CE marking comply with both the EMC Directive (89/336/EEC) and the Low Voltage Directive (73/23/EEC) issued by the Commission of the European Community. Compliance with these directives implies conformity to the following European Norms (in brackets are the equivalent international standards):
An InVision Class B product is to be used in a domestic environment, based on the Technical Requirement of the Voluntary Control Council for Interference from Information Technology Equipment (VCCI). If this is used near a radio or television receiver in a domestic environment, it may cause radio interference. Please install and use the equipment according to the instruction manual.
The manufacturer Regulatory Engineering Department must approve changes or modifications not covered in this product documentation in writing. Changes or modifications made without written approval may void the user authority to operate the product.