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Terms of Use PLEASE READ THESE TERMS OF USE (“TERMS” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE Vi TECHNOLOGY (“VIT”) WEBSITE (“SITE”). BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. Changes in Terms. VIT may change these Terms from time to time, by notice posted on the Site. Your continued use of the Site after any changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, please do not use the Site and do not download materials from it. Changes in Site. VIT may terminate, remove, modify, change, suspend or discontinue any aspect of the Site, including the availability of any features or content, which it controls. VIT may impose limits on certain features and services, or terminate or restrict your access to part or all of any of the Site without liability. VIT may also without liability: (a) remove, modify or otherwise change any user’s Site access for material breach of this Agreement; (b) supplement or make changes to its user access or security procedures; and (c) change the type or location of VIT equipment, facilities or software used by it in providing access provided that no such action shall have the effect of amending or otherwise affecting the parties’ respective obligations under any contract with VIT or its affiliates. All obligations created before termination shall survive termination. Restrictions on Use of Materials Use of the Site for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any content (such as text, data, information, graphics or photographs) that VIT may make available through the Site ( “collectively “Materials”), you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. License Except as otherwise provided on the Site, or in a separate contract, you agree that any communications you transmit to anyone through the Site, including, without limitation, questions, comments, suggestions, ideas, plans, notes, drawings, configurations, purchase orders, quotes, performance data, account information, or other material, data or information (collectively, “Information”), need not be handled as confidential by VIT and you further agree that upon transmission of such Information to VIT via email or other means you grant to VIT an irrevocable, non-exclusive, royalty-free, sublicensable, worldwide license (including but not limited to a copyright license) to prepare derivative works, use, reproduce, display, publicly perform, transmit and distribute such Information and derivative works thereof for any purpose. |
Disclaimer THE MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VIT DOES NOT WARRANT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VIT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ALTHOUGH DATA, QUOTES, STATUS REPORTS, TECHNICAL DRAWINGS, CONFIGURATIONS, AND CATALOG LISTINGS ON THE SITE ARE BELIEVED TO BE ACCURATE, YOU SHOULD INDEPENDENTLY EVALUATE THE ACCURACY OF THE INFORMATION AND THE USEFULNESS TO YOUR PARTICULAR NEEDS OF ANY PRODUCT OR SERVICE. SPECIFICATIONS FOR PRODUCTS AND SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE, AND VIT RESERVES THE RIGHT TO MAKE CHANGES WITHOUT NOTICE TO PROCESSING, MATERIALS, OR CONFIGURATION. PRODUCTS LISTED IN ONLINE CATALOGS ARE NOT GUARANTEED TO BE AVAILABLE AT THE TIME OF YOUR ORDER. Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL VIT BE LIABLE FOR ANY DAMAGES, WHETHER SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR OTHERWISE THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS, EVEN IF VIT OR A VIT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Indemnification You agree to indemnify, defend, and hold harmless VIT and its affiliates and their respective directors, officers, employers and representatives from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms of Use. VIT reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with VIT’s defense of such claim. Intellectual Property Any and all intellectual property rights (“Intellectual Property”) associated with the Site and the Materials are the sole property of VIT, its affiliates or third parties. All trademarks, logos, service marks or trade dress (“Marks”) displayed on the Site, including but not limited to Vi TECHNOLOGY®, , Profiler®, eXelsius®, and Phase Convection®, are the property of VIT. Except as otherwise expressly authorized by these Terms of Use, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute any Marks or other Intellectual Property from the Site in any way without VIT's prior written permission. Except as expressly provided herein, VIT does not grant to you any express or implied rights to VIT's or any third party's Intellectual Property. The Vi TECHNOLOGY® Mark is registered in the following countries: European Union, Canada, Taiwan, Thailand, Mexico, United States, Singapore, China (pending), and India (pending). |
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