BEFORE YOU CLICK ON THE "I AGREE" BUTTON, READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE "I AGREE" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AS A PART OF YOUR PURCHASE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT AGREE" BUTTON AND DO NOT PURCHASE AND INSTALL THE PRODUCT.
DataViz End-User License and Service Agreement (rev. 3/12/03)
INBOX TO GO
Summary of Key Terms
You may use this product ONLY on one handheld computer and a related desktop computer. This product includes certain wireless e-mail delivery service for a period of one year, such service after that period are subject to such subscription fees as DataViz may establish and DataVizÆ continued offering of the service, in its discretion.
This product is owned by DataViz, Inc. and its licensors, and is protected by U.S. and international copyright laws. No copying is permitted, except for one (1) back-up copy. No transfer, distribution, modification or translation of this product, electronic or otherwise, is permitted without DataViz's written permission. VIOLATION OF COPYRIGHT IS A SERIOUS OFFENSE, PUNISHABLE BY MONETARY PENALTIES AND POSSIBLE IMPRISONMENT.
DATAVIZ MAKES NO WARRANTIES REGARDING THIS PRODUCT. ALL WARRANTIES, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY DISCLAIMED. FURTHERMORE, DATAVIZ DOES NOT WARRANT AS TO THE ACCURACY, RELIABILITY OR SECURITY OF THE WIRELESS E-MAIL DELIVERY SERVICE INCLUDED IN THE PRODUCT.
NOTICE - This product falls under the jurisdiction of current U.S. export laws and may not be exported, transferred or caused to be exported or transferred into certain countries or to certain recipients. By purchasing and installing the product, you are representing to DataViz that your receipt of the product will not violate such export restrictions, and that you will not transfer it in violation of such export restrictions.
IMPORTANT - Read the full license terms and conditions below before installing. This Agreement provides you with limited rights to use the product, conditioned upon your continued compliance with these terms and conditions. PURCHASE OF THE PRODUCT AND/OR INSTALLATION OF THIS SOFTWARE WILL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
End-User License and Service Agreement
You may use this product only on a single handheld computer, together with one related computer used by you in conjunction with that handheld computer.
Except for installation and maintenance of this product by you for your own authorized use, you may not electronically transfer, transmit or provide access to the product from one computer to another over a network, the Internet or any other means, including without limitation making the product, its features or results, available through an application service provider or the like. You may not distribute, sublicense or make available copies of the product or related materials to others in any form, electronic or otherwise. You may not modify, reverse engineer, decompile, disassemble or translate the product or related materials without the prior written consent of DataViz. You may make one (1) copy of the product solely for back-up purposes. YOU MAY NOT USE, COPY, MODIFY, SELL OR TRANSFER THE PRODUCT OR RELATED MATERIALS, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. This product is owned by DataViz, Inc. and its licensors, and is protected by U.S. and international copyright laws. VIOLATION OF COPYRIGHT IS A SERIOUS OFFENSE, PUNISHABLE BY MONETARY PENALTIES AND POSSIBLE IMPRISONMENT.
You may not use the product for any unlawful purpose, including infringement of the copyrights or other rights of others, or in any illegal manner or for creation or distribution of illegal content. You agree to indemnify DataViz and its licensors for any and all claims arising from your use of the product or any violation by you of the terms of this Agreement. This indemnity will survive any termination of this Agreement.
EXCLUSION OF WARRANTY
THIS PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE PRODUCT, ACCOMPANYING WRITTEN OR ELECTRONIC MATERIALS, OR THE PROVISION OR FAILURE TO PROVIDE THE WIRELESS E-MAIL DELIVERY SERVICE, ALL OF WHICH ARE SPECIFICALLY DISCLAIMED, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. SHOULD THE PRODUCT PROVE DEFECTIVE, YOU (AND NOT DATAVIZ OR ITS LICENSORS OR DISTRIBUTORS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
NEITHER DATAVIZ, NOR ITS LICENSORS OR DISTRIBUTORS, WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCT, INCLUDING WITHOUT LIMITATION, ANY TRANSMISSIONS OR COMMUNICATIONS YOU ATTEMPT TO MAKE USING THE PRODUCT, WILL BE UNINTERRUPTED OR ERROR FREE.
DATAVIZ MAY AT ANY TIME AFTER THE INITIAL ONE-YEAR TERM, IN ITS SOLE DISCRETION, DISCONTINUE THE WIRELESS E-MAIL DELIVERY SERVICE INCLUDED IN THE PRODUCT AND DISCLAIMS ANY OBLIGATION TO CONTINUE IT FOR ANY SUBSEQUENT PERIOD OF TIME.
DATAVIZ MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY COMMUNICATIONS OR TRANSMISSIONS, OR THE ACCURACY OF ANY TRANSLATION OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HANDHELD DEVICE AND/OR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NEITHER DATAVIZ NOR ITS LICENSORS, DISTRIBUTORS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION ARISING OUT OF THE USE, THE RESULTS OF USE, OR INABILITY TO USE THE PRODUCT, OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGE OR LOSS CAUSED BY THE PRODUCT, OR RESULTING FROM MESSAGES RECEIVED OR NOT RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DATAVIZ OR THROUGH THE SERVICE SHALL CREATE ANY LIABILITY OR WARRANTY NOT EXPRESSLY SET FORTH IN THIS AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATAVIZ'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY IN THE EVENT OF A BREACH OF DATAVIZ'S OBLIGATIONS IS LIMITED TO A REFUND OF ANY FEE YOU ACTUALLY PAID TO DATAVIZ FOR THIS PRODUCT.
TERM
The End-User License for the software included in the product is effective until terminated. You may terminate an End-User License by destroying the product and documentation and all copies thereof. The End-User License is conditioned upon your continued compliance with this Agreement and will terminate automatically and irrevocably if you fail to comply with any term or condition of this Agreement. Trial and evaluation licenses terminate automatically at the end of the trial and evaluation period. Upon any termination you agree to destroy all copies of the product and materials in your possession or control.
The term of the wireless e-mail delivery service will continue for its original one-year period, and shall continue thereafter to the extent DataViz continues to offer such services and you have paid any subscription fees then in effect, each as determined by DataViz in its sole discretion from time to time; provided however, that such services shall automatically terminate as of a termination of the End-User License. You agree that termination by DataViz of your use of the service may be effected at the end of the term then in effect on 30ádays electronic notification, except if such termination is due to a breach by you or an event of force majeure, in which case it may be terminated immediately at any time without notice and without any obligation of DataViz.
WIRELESS E-MAIL DELIVERY SERVICE
This product includes a software program and certain wireless e-mail delivery service. You understand and agree that such service is not warranted to be interruption or error free, timely or sufficient for your purposes and that DataViz has no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted by the service. Furthermore, communication over the Internet is inherently insecure and so such transmissions may be subject to security breaches or hacking. This service is provided strictly on an "As-Is" and "As Available" basis and you accept all risks of using it.
You agree to be solely responsible for the content of your transmissions through the service. You acknowledge that DataViz simply acts as a passive recipient for the distribution and transmission of data. Furthermore, you agree to abide by the rules of usage set forth in this Agreement and all rules and regulations regarding general practices, rules of usage and limits as may be instituted by DataViz and posted on its website from time to time, including without limitation, the maximum number and/or size of messages that may be sent from or received by an account on the service in a given period of time and you recognize that violation of any such rules and regulations shall be a breach of this Agreement, permitting immediate termination of your use of the product. Furthermore, you agree not to:
=> Create a false identity or forged email address or header, or otherwise attempt to mislead others as to the senderÆs identity or the origin of the message;
=> Collect information about others, including email addresses, without their consent;
=> Transmit through the service unlawful, libelous, abusive, harassing, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
=> Use the service in connection with junk email, spamming or any duplicative or unsolicited messages;
=> Attempt to gain unauthorized access to the service, other accounts, computer systems or networks connected to service;
=> Interfere with or disrupt networks connected to the service or violate the regulations, policies or procedures of such networks;
=> Transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; or
=> Otherwise interfere with another person's use of the service.
You acknowledge that DataViz reserves the right to change the general practices, rules of usage and limits at any time, in our sole discretion, with or without notice.
EXPORT LAWS; U.S. GOVERNMENT USE
You agree and certify that neither the software nor any other technical data received from DataViz, nor the direct product thereof, will be exported outside the United States (i) into any country (or to a national or resident of any such country) as to which the U.S. has embargoed goods, currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or (iii) otherwise in violation of or as prohibited by the laws, rules, regulations or administrative orders of the United States, or any unit, agency or department thereof. By opening or downloading the software, you are agreeing to the foregoing and are representing and warranting that you are not located in, under the control of, or a national or resident of any such country, on any such list or order, or subject to any such prohibition, and that you will not further export it to any such prohibited location or person.
Use, duplication or disclosure by the United States Government (or any unit, agency or department thereof), is subject to the following provisions, which, to the extent applicable, are incorporated by reference herein as if set forth in their entirety: (i) FAR 52.227.19(a) through (d); (ii) in the case of the Department of Defense, DFAR 227.7202.1 through 227.7202-4; (iii) in the case of NASA, the NASA Supplement to the FAR at 18-52.227-86(d); and (iv) all other Federal laws and regulations that protect Licensor's rights in privately developed software. Contractor/manufacturer is DataViz, Inc., Merritt Corporate Woods, 612 Wheelers Farms Road, Milford, CT 06460.
GENERAL
This Agreement shall be governed by the laws of the State of Connecticut without regard to principles of conflicts of laws and shall inure to the benefit of DataViz, its successors and assigns (including without limitation, its licensors, as third party beneficiaries hereunder). Any disputes relating hereto shall be adjudicated in the state or federal courts in the State of Connecticut, and you hereby consent to the exclusive jurisdiction of said courts for any such disputes. If for any reason a court of competent jurisdiction finds any provision of this License Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
DataViz shall have the right, upon reasonable prior notice and during regular business hours, to audit/inspect any computer network on which this product is installed to monitor compliance with the terms of this Agreement. including but not limited to confirming the number of computers on which the product is used. You are responsible for assuring compliance with the terms of this Agreement by any persons you authorize to use this product, including but not limited to your employees, and for any violations of the terms hereof by any party.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS IS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN THE PARTIES.
IF YOU AGREE TO THE FOREGOING, please select
- I AGREE -
IF YOU DO NOT AGREE, select
- DO NOT AGREE -
in which case, purchase and installation of the product will stop.
