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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. |