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ad Conditions"). If you do not agree to these Terms
and Conditions, please do not use the Site. If you breach
any of these Terms and Conditions, your authorization to
use this Site automatically terminates, and you must immediately
destroy any downloaded or printed materials. VarTech Systems
Inc. ("VarTech") reserves the right to change
these Terms and Conditions without notice. Your use of the
Site is subject to the most current version of the Terms
and Conditions posted on the Site at the time of such use.
USE OF SITE/COPYRIGHT NOTICE:
VarTech owns or licenses all materials on this Site ("Materials").
The Materials are copyrighted and/or trademarked, and any
unauthorized use of the Materials may violate copyright,
trademark, and other laws. You may view and download the
Materials only for your personal, non-commercial use, provided
that you retain all copyright and other proprietary notices
contained in the Materials or on any copies of the Materials.
You may not change the Materials in any way or reproduce,
publicly display, distribute or otherwise use them for any
public or commercial purpose. Any use of the Materials on
any other web site or networked computer environment for
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USE OF SOFTWARE:
Any software that is available on this Site ("Software")
is the copyrighted work of VarTech and/or its licensors.
Copying or reproducing the Software to any other server
or location for further reproduction or redistribution is
prohibited, unless such reproduction or redistribution is
permitted by a license agreement accompanying such Software.
You may not create derivative works of the Software, or
attempt to decompile or reverse-engineer the Software unless
otherwise permitted by law. Use of the Software is subject
to the license terms of any license agreement that may accompany
or is provided with the Software.
WITHOUT LIMITING THE FOREGOING, THE SOFTWARE IS WARRANTED,
IF AT ALL, ONLY ACCORDING TO THE TERMS OF A SEPARATE LICENSE
AGREEMENT ACCOMPANYING THE SOFTWARE. EXCEPT AS WARRANTED
IN SUCH LICENSE AGREEMENT, VARTECH DISCLAIMS ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO
THE MAXIMUM EXTENT PERMITTED BY LAW.
U.S. Government Restricted Rights: The Software available
on this Site and accompanying documentation that is downloaded
from this Server for or on behalf of the United States of
America, its agencies and/or instrumentalities are provided
with Restricted Rights. You agree to meet all requirements
necessary to ensure that the Federal Government will honor
such rights. Disclosure, use or reproduction of the Software
and accompanying documentation are subject to restrictions
set forth at Federal Acquisition Regulation 52.227-14, when
applicable, or in the Department of Defense Federal Acquisition
Regulations Supplement 252.227-7013.
LINKS TO OTHER WEB SITES:
Links to other web sites are provided solely as a convenience
to you. VarTech does not endorse such sites and is not responsible
for their content. If you decide to access any of the sites
linked to this Site, you do so entirely at your own risk.
SITE INFORMATION AND DISCLAIMER:
SITE INFORMATION REGARDING VARTECH PRODUCTS AND SERVICES,
INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICE AND SPECIFICATIONS
ARE SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION SHALL
NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT
BY VARTECH WITH RESPECT TO ANY PRODUCT OR SERVICE AND VARTECH
HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS
TO THE ACCURACY, SUITABILITY FOR ANY PURPOSE OR COMPLETENESS
THEREOF.
IN NO EVENT SHALL VARTECH, ITS AFFILIATES, SUPPLIERS, AND/OR
ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF
USE, DATA OR PROFITS, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION OR ANY OTHER CAUSE OF ACTION WHATSOEVER,
ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION
AVAILABLE ON THIS SITE.
This web site may contain forward-looking statements and
information relating to VarTech that are based on our beliefs
as well as assumptions made by and information currently
available to us. The words "anticipate," "believe,"
"estimate," "expect," "intend,"
"will," and similar expressions, as they relate
to us, are intended to identify forward-looking statements.
Actual results could differ materially from those projected
in such forward-looking statements. Information concerning
certain factors that could cause actual results to differ
materially is included in the company's 10-K and 10-Q filings
with the U.S. Securities and Exchange Commission. We do
not intend to update these forward-looking statements.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL VARTECH, ITS AFFILIATES, OR ITS SUPPLIERS
AND LICENSORS, BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND,
OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER
OR NOT VARTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF
OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB
SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS
PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
APPLICABLE LAWS:
These Terms and Conditions shall be governed by and construed
in accordance with the laws of the State of New York, without
giving effect to any principles of conflicts law. You agree
that any dispute arising from or relating in any way to
this Site will be brought exclusively in the Federal or
State courts located in the State of New York and you irrevocably
agree to submit to the jurisdiction of such courts. You
further agree to indemnify, defend and hold harmless VarTech
and its agents and affiliates against any claim, liability,
expense or damages arising from or relating to your use
of the Site. If any provision of these Terms and Conditions
shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these
Terms and Conditions and shall not effect the validity and
enforceability of any remaining provisions.
VarTech makes no representation that Materials, Software,
products or services on this Site are available outside
of the United States. You may not use, export or re-export
the Materials, Software, products or services on this Site
in violation of any applicable laws or regulations, including
without limitation, United States export laws and regulations.
TRADEMARKS:
VarTech trademarks, logos, and service marks (collectively
the "Trademarks") displayed on the Site, including,
but not limited to VARTECH, DiamondVue, PowerVue, ColorVue,
and CrystalVue are trademarks of VarTech Systems Inc. in
the U.S. and/or other countries. Nothing contained on the
Site should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any Trademark
displayed on the Site without the written permission of
VarTech Systems Inc. or such third party that may own other
trademarks displayed on the Site. Your misuse of the Trademarks
displayed on the Site, or any other content on the Site
is strictly prohibited. You are also advised that VarTech
Systems will aggressively enforce its intellectual property
rights to the fullest extent of the law.
Revised August 2005
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