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VarTech Systems Legal Policy

TERMS OF USE FOR THIS WEB SITE:

Your access and use of this web site ("Site") is subject to the following terms and conditions ("Terms 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 any purpose is prohibited.

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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