NOTICE TO USER: IMPORTANT!!! THIS IS A BINDING LEGAL AGREEMENT. Viscomm RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME WITHOUT NOTICE AND SUCH CHANGES WILL BECOME EFFECTIVE IMMEDIATELY. BY USING, VIEWING, TRANSMITTING, CACHING, STORING, AND/OR OTHERWISE UTILIZING THIS CD ROM AND/OR ITS CONTENTS IN ANY WAY, YOU HAVE AGREED TO EACH AND ALL OF THE TERMS AND CONDITIONS LISTED BELOW, AND WAIVE ANY RIGHT TO CLAIM AMBIGUITY OR ERROR IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THIS CD ROM. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT.
"Viscomm" as used herein means Viscomm and its affiliates, subsidiaries, other related entities, and each of their officers, directors, agents and employees, as appropriate.
Upon acceptance of this Agreement, Viscomm grants to you a personal, temporary, revocable, nontransferable, non-exclusive license to view, copy, print and distribute documents and related graphics on this Viscomm CD-ROM solely for informational purposes, provided that by such use you agree to all of these conditions. Use of this CD-ROM. This CD-ROM contains information that is proprietary to Viscomm. This CD-ROM, including the information, materials and solutions contained thereon, is licensed to you solely for use on one computer, or on one network server, for your internal use only, and only under the terms and conditions which follow. You may use the CD-ROM only for informational purposes. You may not transfer, sell, lease or distribute copies of the CD-ROM or portions thereof to others. You may not copy any portion of the CD-ROM for the purpose of alteration. You may not decode, decompile, merge, modify, translate or otherwise alter the content of the CD-ROM software Intellectual Property Rights
. You acknowledge that the Viscomm CD-ROM is copyrighted by . The limited license granted is not a sale. Except as stated above, this Agreement does not grant you any intellectual property rights in the CD-ROM, in the information, materials or solutions contained thereon, or to any patents, trademarks or other intellectual property rights owned or licensed by .
Electronic Disclaimers: Viscomm is not responsible for telephone, electric, electronic, network, Internet, computer, hardware or software program malfunctions, failures, delays or difficulties, or late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail, e-mail, form postings, connections, messages or entries, or the security of any and all such matters. Further, Viscomm is not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the CD ROM or by any technical or human error which may occur in the processing of any information related to the CD ROM.
Users also agree that Viscomm is not responsible or liable in any way for injury, loss or damage to user's computer or interception or use of information, related to or resulting from use of the CD ROM or any products, sites, services or materials linked or related thereto or therefrom, or use of any related functionality, hardware or software at any time, and also is not responsible or liable in any way for any injury, loss, claim or damage relating to or resulting from any part of this CD ROM or its operation or non-operation on computers or networks used by user or communicating with such computers or networks.
Trademark Notice:
Unless indicated otherwise, all names, logos and trademarks are owned by Viscomm and can't be used by anyone for any purpose without the express written agreement of Viscomm.
YOU AGREE THAT YOUR USE OF THIS CD ROM IS AT YOUR SOLE RISK. THE CONTENT AND SERVICES PROVIDED BY THIS CD ROM ARE PROVIDED "AS IS". Viscomm MAKES NO REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE CONTENT OF THE CD ROM OR ANYTHING LINKED TO IT, OR THAT THE CD ROM WILL BE ERROR OR VIRUS FREE OR CONTINUOUSLY AVAILABLE. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, Viscomm DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Viscomm DOES NOT WARRANT THAT THIS CD ROM, ANYTHING LINKED TO IT, OR THE HARDWARE OR SOFTWARE THAT RUNS IT ARE FREE OF COMPUTER "VIRUSES."
Limitation of Liability:
IN NO EVENT WILL Viscomm BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR INABILITY TO ACCESS, THIS CD ROM OR YOUR USE OF, OR RELIANCE UPON, THIS CD ROM OR THE CONTENTS THEREOF, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY. In addition, Viscomm has no duty to update this CD ROM or the contents thereof and shall not be liable for any failure to update such information. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental and consequential damages. If, however, despite the exclusions contained in this Agreement, Viscomm, or any of them, should be found liable for any loss or damage which arises out of or is connected in any way with this CD ROM, such person's liability shall not exceed the amount of
any fees and/or charges paid by you to such person(s) for the services and/or information with respect to which liability is found.
Release and Indemnity:
By utilizing this CD ROM, all users acknowledge and agree that Viscomm is released, discharged and held harmless from and is not responsible or liable for any liability with respect to all aspects of this CD ROM (including without limitation, any illness, losses, litigation, personal injury, death, property damage, and claims based on publicity rights, defamation, or invasion of privacy, reasonable attorneys' fees and court costs) that may occur from use of this CD ROM or the acceptance, possession, use or misuse of information, materials, services or products related hereto or acquired herefrom. Viscomm reserves the right at any time and without liability to restrict or refuse access to this CD ROM and its materials and services to anybody. Viscomm further reserves the right to seek any form of relief, including without limitation attorneys' fees, related to fraudulent or illegal activity connected with use of this CD ROM.
Governing Law:
If any disputes arise regarding your use of this CD ROM, such disputes shall be resolved in accordance with the laws of and in the Federal or State Courts located in the State of California, United States of America, without giving effect to the principles of conflicts of law thereof. If any provision of this agreement is unlawful, void, or unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties. This Agreement will not be governed by the United Nations Convention on contracts for the International Sale of Goods. This Agreement shall terminate automatically upon your failure to comply with any of its terms. This Agreement can be amended only in writing signed by an authorized officer of Viscomm.
Copyright 1999 Viscomm . All rights reserved. The information contained on this CD-ROM is protected by the United States Copyright laws. Nothing in this agreement constitutes a waiver of Viscomm's rights under any Federal or State law.
