NOTIFICATION OF COPYRIGHT, TRADEMARK, AND OTHER PROPRIETARY INFORMATION
Each and every item and component found on or available via download through this site, including but not limited to manuscripts, written materials, text, graphics, logos, software, databases, icons, images, audio and video clips, is the exclusive proprietary property of the owner of this site or the applicable author of such material and is protected under the [UK] Copyright Act, all applicable state laws, and international copyright laws. The content and software on this site may be used as a resource while accessing this web site, but may not be downloaded or used for any other purpose whatsoever. Any other use is prohibited and will constitute an infringement upon the proprietary rights of the relevant owner or author.
The owner of this site asserts all proprietary rights in and to all names and trademarks contained on this web page, regardless of whether a trademark registration has been secured. The name [INVITE USER LTD] is a registered trademark of [INVITE USER LTD], the owner of this web site and such registered trademark will be asserted in [UK] and other countries. Any use of the owner’s trademarks in connection with any product or service that does not belong to the owner of this web site, unless otherwise authorized in a written license agreement, will constitute an infringement upon the trademark rights of such owner and may be actionable under the [UK] Trademark Laws and/or International Trademark Laws and the Trademark or equivalent laws of other countries.
ONLINE COPYRIGHT AND
TRADEMARK PROTECTION NOTICE
© Copyright Envision Corporation, 2002. All rights reserved. Reproduction, adaptation, or translation without permission is prohibited except as allowed under the International copyright laws. All the text, graphics, design, content, and other works are the copyrighted works of Envision Corporation.
DISCLAIMER REFERENCE FOR WEB SITE FOOTER
The use of this site, and the terms and conditions for our providing information, is governed by our Disclaimer. By using this site, you acknowledge that you have read the Disclaimer and that you accept and will be bound by the terms thereof.
ONLINE DISCLAIMERS REGARDING HYPERLINKS
This site contains links to other Internet sites. Such links are not endorsements of any products or services in such sites, and no information in such site has been endorsed or approved by Envision Corporation, Inc.
or
You will probably notice that we have linked our site to other Web sites. You should understand that this does not mean that we have looked at all these sites, that we have checked them out, or that we endorse them. We disclaim any responsibility if some site you link to has material on it that offends you in any way.
ONLINE INFORMATION DISCLAIMERS
THE INFORMATION FROM OR THROUGH TIS SITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFOMRATION MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION, FOR ANY REASON, AND USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE INFORMATION RECEIVED (IF ANY). WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE). WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIMITATIONS OF DAMAGES ET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.
All responsibility and liability for any damages caused by viruses contained within the electronic files of this site are disclaimed.
All terms and conditions with respect to this site is governed by a Terms of Service Agreement.
ONLINE DISCLOSURE REGARDING
TERMS OF SERVICE
The use of this site, and the terms and conditions for the sale of any goods and services, is governed by the Terms of Service Agreement. By using this site you acknowledge that you have read the Terms of Service Agreement and the disclaimers and caveats contained in this site, and that you accept and will be bound by the terms thereof.
[Note: The disclaimer should then link to the full text of the Terms of Service Agreement.]
By applying for and being accepted through our affiliate program, the Recipient agree to the following terms and conditions of participation.
Please read these terms and conditions carefully as they constitute a legal agreement between the Recipient and our company upon acceptance into our affiliate program. BY CLICKING THE ACCEPTANCE BUTTON AT THE END OF THIS AGREEMENT, THE RECIPIENT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT RELATIVE TO THE RECIPIENT PARTICIPATION IN THE AFFILIATE PROGRAM. BY CLICKING THE ACCEPTANCE BUTTON BELOW, THE RECIPIENT REPRESENT AND WARRATN TO US THAT THE RECIPIENT HAVE CAREFULLY REVEIWED THE TERMS AND CONDITIONS SET FORTH INTHIS AGREEMENT AND THAT THE RECIPIENT AGREE TO BE BOUND BY ALL SUCH TERMS AND CONDITIONS.
ONLINE DISCLAIMER FOR SOFTWARE USE
BEFORE CONTINUING WITH THE INSTALLATION OF THE PROGRAM, YOU MUST READ, ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS OF THE SOFTWARE LICENSE AGREEMENT WHICH FOLLOWS. WHEN PROMPTED, PLEASE INDICATE WHETHER YOU ACCEPT OR DO NOT ACCEPT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THE SOFTWARE LICENSE, PROMPTLY RETURN THE MEDIA PACKAGE AND THE ACCOMPANYING ITEMS (INCLUDING WRITTEN MATERIALS AND BINDERS OR OTHER CONTAINERS) TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND.
[INSERT COMPANY NAME] SOFTWARE LICENSE
1. GRANT OF LICENSE
[INSERT COMPANY NAME] grants to you the right to use one copy of the enclosed software program (the "SOFTWARE") on a single terminal connected to a single computer. You may not network the SOFTWARE or otherwise use it on more than one computer at the same time.
2. COPYRIGHT
The SOFTWARE is owned by [INSERT COMPANY NAME] or its suppliers and is protected by United States copyright laws and international treaty provisions. You may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not otherwise copy the SOFTWARE, and you may not copy the written materials accompanying the SOFTWARE.
3. OTHER RESTRICTIONS
You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile or disassemble the SOFTWARE. If the SOFTWARE is an upgrade, any transfer must include the update and all prior versions.
4. DUAL MEDIA SOFTWARE
If the SOFTWARE package contains more than one form of media, such as a 3.5" diskette and a CD-ROM, then you may use only the media appropriate for your single-user computer. You may not use the other media on another computer or loan, rent, lease, or transfer them to another except as part of the permanent transfer (as provided above) of all SOFTWARE and written materials.
5. LIMITED WARRANTY AND REMEDY
[INSERT COMPANY NAME] warrants the physical media (e.g. diskette(s) or CD-ROM) and the physical documentation to be free of defects in materials and workmanship for a period of 90 days from the original purchase date. If [INSERT COMPANY NAME] receives notification within this warranty period of any such defects and such notification is determined to be correct, [INSERT COMPANY NAME] will replace the media or documentation. The foregoing is your sole and exclusive remedy for any breach of warranty by [INSERT COMPANY NAME]. This limited warranty is void if the damage or defect has resulted from accident, abuse or misapplication.
6. NO OTHER WARRANTIES
THE LIMITED WARRANTY ABOVE IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES FOR THE SOFTWARE AND DOCUMENTATION. [INSERT COMPANY NAME] MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT FOR THE SOFTWARE AND DOCUMENTATION. THE PROVISIONS ABOVE STATE NSMG’S ENTIRE RESPONSIBILITY AND YOUR SOLE AND EXLCUSIVE REMEDY WITH RESPECT TO ANY BREACH OF WARRANTY.
7. LIMITED LIABILITY
IN NO EVENT SHALL [INSERT COMPANY NAME] OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE LICENSE OF, USE OF, OR INABILITY TO USE ANY [INSERT COMPANY NAME] SOFTWARE, EVEN IF [INSERT COMPANY NAME] HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NSMG’S LIABILITY EXCEED THE LICENSE FEE PAID BY YOU. THIS LIMITATION OF LIABILITY AND RISKS IS REFLECTED IN THE PRICE OF THE SOFTWARE.
8. SEVERABILITY
If any provision of this Agreement is ruled invalid, such invalidity shall not affect the validity of the remaining portions of this Agreement.
9. TERM
This license is effective until terminated. You may terminate it at any time by destroying the SOFTWARE together with all copies, modifications and merged portions in any form. It will also terminate upon your failure to comply with any term or condition of this Agreement. In the event of such termination, you agree to promptly destroy the SOFTWARE together with all copies, modifications and merged portions in any form.
10. MISCELLANEOUS
This is the entire Agreement between you and [INSERT COMPANY NAME], and supersedes any prior agreement, whether written or oral, relating to the subject matter of this Agreement. The parties disclaim the application of the United Nations Convention on the International Sale of Goods. This Agreement is governed by the laws of the [STATE/PROVINCE/COUNTRY]. You may not export or re-export the SOFTWARE or documentation without the appropriate [COUNTRY] or foreign government licenses.
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