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Terms and Conditions

*Welcome to the FocusVision Web Site (which we will call “Our Site”). By using Our Site, you agree to be bound by the following terms and conditions concerning your use of Our Site (“Terms of Use”) and our Privacy Policy. We may revise the Terms of Use and/or our Privacy Policy at any time without prior notice to you, by posting a revised Terms of Use on Our Site. You should review the Terms of Use and the Privacy Policy from time to time to learn of any changes.

 

  1. Use of Our Products and Site Information

You may use the product(s) you license, including future updates and enhancements to the licensed product(s), and view, copy and print documents and graphics created with the licensed products (the “Documents”) from Our Site subject to the following: (a) the products and Documents may be used solely for your internal business use; and (b) the products and Documents may not be modified or altered in any way. Except for your company’s information contained on Our Site, and where your use constitutes “fair use” under copyright laws, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, reverse engineer, disassemble, prepare derivative works, use in any way to compete against us, distribute, publish, or display publicly, license, post, transmit or distribute our products, the Documents or any information from Our Site in whole or in part, without the express written authorization of FocusVision.

 

  1. Communication and Activities on Our Site

You agree not to upload, email, post, publish or otherwise transmit through Our Site any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another’s privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another’s rights, including but not limited to intellectual property rights; (f) constitutes unsolicited advertisement, solicitation, bulk e-mail, “junk mail,” “spam” or chain letters; or (g) violates any applicable laws or regulations. You will not disrupt the functioning of Our Site, solicit another user’s password, or otherwise act in a way that interferes with other FocusVision customers’ use of Our Site.

 

  1. Passwords and Security

You are responsible for maintaining the confidentiality of any password(s) you are given to access Our Site, and are fully responsible for all activities that occur under your password(s). You agree to notify FocusVision immediately of any unauthorized use of your password(s). No data transmission over the Internet can be guaranteed to be 100% secure. Although FocusVision is committed to protecting your personal information, FocusVision cannot ensure or warrant the security of any information you send to FocusVision, and you send such information at your own risk.

 

  1. Third Party Web Sites, Content, Products and Services

Our Site may provide links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of Our Site. You agree that FocusVision is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other policies before you use them. You agree that FocusVision is not responsible for third party content accessible through Our Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that FocusVision is not responsible for: (a) the quality of third party products or services; or (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that FocusVision is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

 

  1. Your Third Party Relationships

In the course of your operations you will be conducting business with third parties of your choice. By using Our Site, some of the communication for that business will flow through FocusVision. Although through Our Site, FocusVision will assist in the communication and organization of those business transactions, FocusVision is not a party to your transactions. You agree that FocusVision is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

 

  1. Termination of Use

You agree that FocusVision may, in its sole discretion and at any time, terminate your access and limited license to Our Site, any specific product(s) and any account(s) you may have in connection with Our Site. The termination may be for any or no reason, including but not limited to non-payment of fees for any licensed product(s). Access to and use of Our Site may be monitored by FocusVision.

 

  1. Control of Our Site

We may set limits regarding the services provided through Our Site, including but not limited to limits on the amount of storage, the length of time stored materials are retained, and the amount of bandwidth used at any one time. We are not liable for the deletion or loss of any data or other information from Our Site. We may change or terminate any product(s) without notice or liability. We may terminate or change your password, account, or use of all or any part of Our Site and we may remove any content within Our Site without notice and for any reason.

 

  1. Disclaimer

OUR SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON OUR SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FOCUSVISION EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER FOCUSVISION MAKE ANY WARRANTY THAT: (A) OUR SITE, PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SITE, PRODUCTS OR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE, PRODUCTS OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK. FOCUSVISION SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION, SOFTWARE, COMPUTER VIRUSES, OR THE USE OF OUR SITE, PRODUCTS OR SERVICES IN ANY MANNER. IN ADDITION, FOCUSVISION SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES RESULTING FROM UNAUTHORIZED ACCESS OR USE BY ANYONE OF ANY INFORMATION OR DATA PUT ON OUR SITE BY YOU. FOCUSVISION RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO OUR SITE, PRODUCTS OR SERVICES AT ANY TIME WITHOUT NOTICE.

 

  1. Limitation of Liability

IN NO EVENT SHALL FOCUSVISION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, OR UNAUTHORIZED ACCESS OR USE BY ANYONE OF ANY INFORMATION OR DATA PUT ON OUR SITE BY YOU, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, OUR SITE, PRODUCTS OR SERVICES. IN ADDITION, IN NO EVENT WILL FOCUSVISION BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF THE LICENSE PAYMENTS YOU HAVE MADE TO FOCUSVISION. YOU UNDERSTAND THAT BASED UPON THE AMOUNTS CHARGED BY FOCUSVISION CANNOT TAKE LEGAL RESPONSIBILITY FOR ANY DAMAGES, DIRECT OR OTHERWISE, IN EXCESS OF THE PAYMENTS YOU HAVE MADE AND, IF YOU DID NOT AGREE TO THIS LIMITATION OF LIABILITY, WE WOULD NOT ALLOW YOU TO SUBSCRIBE TO OUR SITE OR USE ANY OF OUR PRODUCTS OR SERVICES. YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL LOCAL, STATE AND FEDERAL LAWS AND REGULATIONS, WHETHER GENERAL OR SPECIFIC TO YOUR INDUSTRY.

 

  1. Indemnity

You agree to defend, indemnify and hold harmless FocusVision, their parent, subsidiary and affiliated corporations and entities, or any of their officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of Our Site, any Product or Service.

 

  1. Privacy Policy and Confidentiality

FocusVision is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current Privacy Policy at www.focusvision.com. Except to provide the services of Our Site to you and as set out in the Privacy Policy, we will keep your confidential information in confidence. Conversely, to the extent that you learn any confidential information concerning FocusVision, its business practice, plans, future product changes, Trade Secrets (as defined in Uniform Trade Secrets Act as enacted in the State of Delaware, including but not limited to, source codes, current and planned inventions) and the like, which is not intended for public disclosure, you will keep that information confidential until it is public, and you will not use the information outside the scope of your license and these Terms of Use.

 

  1. Note About Children

Minors are not eligible to use Our Site. We strongly suggest that you do not allow minors access to Our Site through your password and do not submit any personal information to us regarding minors.

 

  1. Export Restrictions/Legal Compliance

You may not access, download, use or export Our Site, or the content, software, products, or services provided on Our Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of FocusVision in violation of any such restrictions, laws or regulations. Neither the services of FocusVision nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, to any country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders. By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

  1. Copyright/Trademark Information

Copyright 2000-2010 FocusVision. All rights reserved. Our Site, all of the products, services and all documentation, electronic or printed falls under our copyrights. Your observance of our copyrights and the other provisions under this Term of Use, in addition to being a promise to us, is a condition to the limited licenses granted by us to you. In addition to our copyrights, the terms we use are protected as our trademarks.

 

  1. Contact Information

If you have any questions regarding these Terms of Use, our Privacy Policy or any other issue, please contact FocusVision at (203) 961-1715.

 

  1. General Terms and Applicable Laws

These Terms of Use, as well as any Agreement or Addenda signed by you and FocusVision, constitute the entire agreement between you and FocusVision and govern your use of Our Site and all products and services. Our failure to enforce any right under the Terms of Use will not waive that right. If any provision of the Terms of Use is invalid, the Terms of Use should be interpreted to effect the intent of the parties, and the remaining provisions will stay in effect. The Agreement entered into is unique to you and FocusVision, and is not for the benefit of any third party. You must file any claim or suit related to Our Site or your use of any product or service, within one year after the claim arises. All matters relating to your use of Our Site and any product or service shall be governed by Delaware law, or if superseded, by U.S. federal law, without regard to the conflict of law rules. Any legal action relating to your use of Our Site or any product or service shall be instituted in a state or federal court in Delaware, with the prevailing party entitled to reasonable attorneys’ fees and costs. You and FocusVision agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action.

 

  1. Equitable Relief

You acknowledge that any violation of this Agreement shall cause irreparable injury to FocusVision, which damage may be difficult to calculate, and shall entitle FocusVision to extraordinary and equitable relief, including but not limited to temporary restraining orders and preliminary and permanent injunctions, waiving (where you are permitted to do so) any requirement for the posting of a bond or security.

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