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Vidaville :: Policies & Disclaimers :: Disclaimers
Printable version
Disclaimers

ONLINE DISCLAIMERS REGARDING HYPERLINKS

You will probably notice that we have linked our site to other Web sites. You should understand that this does not mean that we have looked at all these sites, that we have checked them out, or that we endorse them. We disclaim any responsibility if some site you link to has material on it that offends you in any way.

ONLINE INFORMATION DISCLAIMERS

The information from or through this site is provided “as-is,” “as available,” and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information may contain errors, problems or other limitations. Our sole and entire maximum liability for any inaccurate information, for any reason, and users sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the customer for the information received (if any). We are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like). Whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damage. The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you. We would not provide this site and information without such limitations. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, currentness, completeness, suitability or applicability of the information to a particular situation.

All responsibility and liability for any damages caused by viruses contained within the electronic files of this site are disclaimed.

ONLINE DISCLAIMER FOR SOFTWARE USE

Before continuing with the installation of the program, you must read, acknowledge and accept the terms and conditions of the software license agreement which follows. When prompted, please indicate whether you accept or do not accept. if you do not accept the terms and conditions of the software license, promptly return the media package and the accompanying items (including written materials and binders or other containers) to the place you obtained them for a full refund.

VIDAVILLE SOFTWARE LICENSE

1. GRANT OF LICENSE

Vidaville grants to you the right to use one copy of the enclosed software program (the "SOFTWARE") on a single terminal connected to a single computer. You may not network the SOFTWARE or otherwise use it on more than one computer at the same time.

2. COPYRIGHT

The SOFTWARE is owned by Vidaville or its suppliers and is protected by Canadian copyright laws and international treaty provisions. You may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not otherwise copy the SOFTWARE, and you may not copy the written materials accompanying the SOFTWARE.

3. OTHER RESTRICTIONS

You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile or disassemble the SOFTWARE. If the SOFTWARE is an upgrade, any transfer must include the update and all prior versions.

4. DUAL MEDIA SOFTWARE

If the SOFTWARE package contains more than one form of media, such as a 3.5" diskette and a CD-ROM, then you may use only the media appropriate for your single-user computer. You may not use the other media on another computer or loan, rent, lease, or transfer them to another except as part of the permanent transfer (as provided above) of all SOFTWARE and written materials.

5. LIMITED WARRANTY AND REMEDY

Vidaville warrants the physical media (e.g. diskette(s) or CD-ROM) and the physical documentation to be free of defects in materials and workmanship for a period of 90 days from the original purchase date. If Vidaville receives notification within this warranty period of any such defects and such notification is determined to be correct, Vidaville will replace the media or documentation. The foregoing is your sole and exclusive remedy for any breach of warranty by Vidaville. This limited warranty is void if the damage or defect has resulted from accident, abuse or misapplication.

6. NO OTHER WARRANTIES

The limited warranty above is exclusive and in lieu of all other warranties for the software and documentation. Vidaville makes no other warranties, express or implied, and expressly disclaims all other warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and no infringement for the software and documentation. The provisions above state NSMG’s entire responsibility and your sole and exclusive remedy with respect to any breach of warranty.

7. LIMITED LIABILITY

In no event shall Vidaville or its suppliers be liable to you for any consequential, special, incidental, or indirect damages of any kind arising out of the license of, use of, or inability to use any Vidaville software, even if Vidaville has been advised of the possibility of such damages. in no event shall NSMG’s liability exceed the license fee paid by you. This limitation of liability and risks is reflected in the price of the software.

8. SEVERABILITY

If any provision of this Agreement is ruled invalid, such invalidity shall not affect the validity of the remaining portions of this Agreement.

9. TERM

This license is effective until terminated. You may terminate it at any time by destroying the SOFTWARE together with all copies, modifications and merged portions in any form. It will also terminate upon your failure to comply with any term or condition of this Agreement. In the event of such termination, you agree to promptly destroy the SOFTWARE together with all copies, modifications and merged portions in any form.

10. MISCELLANEOUS

This is the entire Agreement between you and Vidaville, and supersedes any prior agreement, whether written or oral, relating to the subject matter of this Agreement. The parties disclaim the application of the United Nations Convention on the International Sale of Goods. This Agreement is governed by the laws of Ontario, Canada. You may not export or re-export the SOFTWARE or documentation without the appropriate Canadian or foreign government licenses.

 

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The use of this site, and the terms and conditions for our providing information, is governed by our Disclaimers. By using this site, you acknowledge that you have read the Disclaimers and that you accept and will be bound by the terms thereof.