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LICENSE AGREEMENT FROM VIRTUAL SOFTWARE SOLUTIONS
Acceptance Of Terms
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION
OF THE SOFTWARE, REGARDS OF WHETHER AN ACCEPTANCE BUTTON IS SELECTED OR NOT, YOU
ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT
IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT
AGREE, DO NOT USE THIS SOFTWARE. IF YOU DOWNLOADED THIS SOFTWARE ON THE INTERNET
INTO A TANGIBLE STORAGE MEDIUM OR ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (e.g.
CD) WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS AGREEMENT,
YOU MAY OBTAIN A REFUND OF THE AMOUNT YOU ORIGINALLY PAID IF YOU: (A) DO NOT USE
THE SOFTWARE (B) PERMANENTLY REMOVE ALL COPIES STORED IN THE TANGIBLE STORAGE MEDIUM,
AND (C) RETURN IT, WITH PROOF OF PAYMENT, TO THE LOCATION FROM WHICH IT W AS OBTAINED
WITHIN THIRTY (30) DAYS.
By accessing or using this software in any way, including, without limitation, use
of any of the Services, downloading of any Materials, or merely browsing the software,
you agree to and are bound by the Terms of Use. If you do not agree with each and
every one of the Terms of Use of this Agreement the software should be returned
immediately.
Virtual Software Solutions makes this software including all information, documents,
communications, files, text, graphics, software, and products available (collectively,
the "Materials") and all services operated by Virtual Software Solutions and third
parties relating in any manner to the software (collectively, the "Services"), available
for your use subject to the terms and conditions set forth in this Agreement (collectively,
the "Terms of Use").
If you breach any of the Terms of Use, your authorization to use this software automatically
terminates, and any Materials downloaded or printed from the software in violation
of the Terms of Use must be immediately destroyed.
Defined Terms
"Virtual Software Solutions Content" means all Materials provided by Virtual Software
Solutions.
Privacy and Consent to Web Monitoring
The software that you have licensed according to the terms below may include certain
internet or web monitoring and reporting features, wherein performance and usage
information concerning the nature of your usage of the software is automatically
collected for use by Virtual Software Solutions in judging the performance of the
software and the existence of needs for further improvements. This performance and
usage information includes but is not limited to the number of computers using the
software, the number of messages or communications executed by the software and
their timing, error reports generated by your computer’s software relating to the
use of this software, and other information relevant to the efficacy and utility
of this software related to your usage of it. Message or communication content is
not monitored nor reported to Virtual Software Solution. By using this software
you consent to Virtual Software Solution’s monitoring and reporting of performance
and usage information, and waive and release all rights of confidentiality, privacy
or secrecy concerning the monitored and reported performance and usage information.
It is Virtual Software Solution’s policy to maintain all collected performance and
usage information for internal use only, but there is never a 100% guarantee that
some or all of the information may become accessible to others without the fault
of Virtual Software Solutions.
Intellectual Property; Limited License To Users
The Materials and Services on this software, as well as their selection and arrangement,
are protected by copyright, trademark, patent, and/or other intellectual property
laws, and any unauthorized use of the Materials or Services at this software may
violate such laws and the Terms of Use. Except as expressly provided herein, Virtual
Software Solutions and its suppliers do not grant any express or implied rights
to use the Materials and Services. You agree not to copy, republish, frame, download,
transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense,
reverse engineer, or create derivative works based on the software, its Materials,
or its Services or their selection and arrangement, except as expressly authorized
herein. In addition, you agree not to use any data mining, robots, or similar data
gathering and extraction methods in connection with the software. Use of Services.
When using Services on this software that are offered by Virtual Software Solutions,
you shall be subject to any guidelines, rules, or licenses applicable to such Services
and to the Terms of Use. Such guidelines, rules, or licenses may contain terms and
conditions in addition to those in the Terms of Use.
In addition to the Materials and Services offered by Virtual Software Solutions,
this software may also make available materials, information, and services provided
by third parties (collectively, the "Third Party Services"). The Third Party Services
are governed by separate license agreements that accompany such services. Virtual
Software Solutions offers no guarantees and assumes no responsibility or liability
of any type with respect to the Third Party Services, including any liability resulting
from incompatibility between the Third Party Services and the Materials and Services
offered by Virtual Software Solutions. You agree that you will not hold Virtual
Software Solutions responsible or liable with respect to the Third Party Services
or seek to do so.
Use of Software.
The software and accompanying documentation that is made available to download from
this software is the copyrighted and/or patented work of Virtual Software Solutions
and/or its suppliers. Virtual Software Solutions products are not sold; rather copies
of Virtual Software Solutions products are licensed all the way through the distribution
channel to the end user. UNLESS YOU HAVE ANOTHER AGREEMENT DIRECTLY WITH VIRTUAL
SOFTWARE SOLUTIONS THAT CONTROLS AND ALTERS YOUR USE OR DISTRIBUTION OF THE VIRTUAL
SOFTWARE SOLUTIONS PRODUCTS, THE TERMS AND CONDITIONS OF THIS END-USER LICENSE AGREEMENT
APPLIES TO YOU.
As long as you comply with the terms of this Agreement (the "Agreement"), Virtual
Software Solutions grants to you a non-exclusive license to Use the Material for
the purposes described in this Agreement.
You may install and use a copy of the Material on your compatible computer, up to
the permitted number of computers; or you may install one copy of the Material on
your computer file server for the purpose of downloading and installing the Material
onto other computers within your internal network up to the permitted number or
you may install one copy of the Material on a computer file server within your internal
network for the sole and exclusive purpose of using the Material through commands,
data or instructions (e.g. scripts) from another computer on your internal network,
provided that the total number of users that access or use the Material on such
computer file server, does not exceed the permitted number. No other network use
is permitted, including but not limited to, using the Material either directly or
through commands, data or instructions from or to a computer not part of your internal
network, for internet or web hosting services or by any user not licensed to use
this copy of the Material through a valid license from Virtual Software Solutions.
You may make one backup copy of the Material, provided your backup copy is not installed
or used on any computer. You may not transfer the rights to a backup copy unless
you transfer all rights in the Material.
The software you have received with this license is a tryout copy of the Material,
and the following terms apply until such time that you purchase a license to the
full retail version of such Material. To the extent that any provision in this section
is in conflict with any other term or condition in this Agreement, this section
shall supercede such other term(s) and condition(s) with respect to the Material,
but only to the extent necessary to resolve the conflict. YOU ACKNOWLEDGE THAT THE
MATERIAL CONTAINS LIMITED FUNCTIONALITY AND/OR FUNCTIONS FOR A LIMITED PERIOD OF
TIME. VIRTUAL SOFTWARE SOLUTIONS IS LICENSING THE MATERIAL ON AN "AS IS" BASIS,
SOLELY AS A DEMONSTRATION MODEL. Since the Material is a timeout version, then the
program will terminate operations after a designated period of time (e.g. 15, 30,
or 45 days) following installation (the "Time Out Date"), which is specified in
the Material. Upon such Time Out Date, the license hereunder shall be terminated,
unless extended by Virtual Software Solutions upon your purchase of a full retail
license from Virtual Software Solutions. You acknowledge that such Material shall
cease operation upon the Time Out Date and accordingly, access to any files or output
created with such Material or any product associated with the Material is done entirely
at your own risk. VIRTUAL SOFTWARE SOLUTIONS DISCLAIMS ANY WARRANTY OR LIABILITY
OBLIGATIONS TO YOU OF ANY KIND, INCLUDING WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED
FOR TRYOUT SOFTWARE, BUT WHERE IT MAY BE LIMITED, VIRTUAL SOFTWARE SOLUTIONS' LIABILITY
AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50)
IN TOTAL.
You will not be able to download or install any software included in the Material
that is accompanied by or includes a license agreement unless you agree to the terms
of such license agreement. If you do not agree to such terms, you will not be able
to use the software. Absent a license agreement that accompanies the software, use
of the software will be governed by the Terms of Use. You agree that you will not
decompile, reverse engineer, or otherwise attempt to discover the source code of
the software available on the software.
Use of Virtual Software Solutions Content.
Except as indicated to the contrary elsewhere on this software, you may view, download,
and print the Virtual Software Solutions Content available on this software subject
to the following conditions:
1. The Virtual Software Solutions Content may be used solely for personal, informational,
and internal purposes. 2. The Virtual Software Solutions Content may not be modified
or altered in any way. 3. The Virtual Software Solutions Content on the software
may not be distributed or sold, rented, leased, or licensed to others. 4. You may
not remove any copyright or other proprietary notices contained in the Virtual Software
Solutions Content. 5. Virtual Software Solutions reserves the right to revoke the
authorization to view, download, and print the Virtual Software Solutions Content
available on this software at any time, and any such use shall be discontinued immediately
upon notice from Virtual Software Solutions. 6. The rights granted to you constitute
a license and not a transfer of title.
Trademark Information
The trademarks, logos, and service marks ("Marks") displayed on this software are
the property of Virtual Software Solutions or other third parties. You are not permitted
to use the Marks without the prior written consent of Virtual Software Solutions
or such third party that may own the Marks. “Virtual Software Solutions”, the Virtual
Software Solutions logo and VCOM are trademarks of Virtual Software Solutions
Warranties And Disclaimers
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND VIRTUAL
SOFTWARE SOLUTIONS OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS
OR SERVICES, THIS SOFTWARE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS
SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING
THE FOREGOING, VIRTUAL SOFTWARE SOLUTIONS MAKES NO WARRANTY THAT (i) THE SERVICES
AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE;
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE
BY YOU THROUGH THE software WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE
SOFTWARE OBTAINED FROM OR USED THROUGH THE software, OR ANY DEFECTS IN THE SOFTWARE,
ITS SERVICES OR MATERIALS, WILL BE CORRECTED.
THIS SOFTWARE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL
ERRORS. VIRTUAL SOFTWARE SOLUTIONS MAY MAKE CHANGES TO THE MATERIALS AND SERVICES
AT THIS software, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN,
AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS software MAY BE OUT
OF DATE, AND VIRTUAL SOFTWARE SOLUTIONS MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS
OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) VIRTUAL SOFTWARE SOLUTIONS DOES NOT CONTROL,
ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED
BY THIRD PARTIES THROUGH THE software, INCLUDING, WITHOUT LIMITATION, THIRD PARTY
VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE software; (ii) VIRTUAL
SOFTWARE SOLUTIONS MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH
THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY
HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) VIRTUAL SOFTWARE SOLUTIONS
SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED
BY THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH
THE software IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA,
OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. VIRTUAL SOFTWARE SOLUTIONS ASSUMES
NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED
TO YOUR COMPUTER FROM THE software OR IN CONNECTION WITH ANY SERVICES OR MATERIALS
OFFERED THROUGH THE software. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM VIRTUAL SOFTWARE SOLUTIONS OR THROUGH OR FROM THE software
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED
TO NINETY (90) DAYS.
International Users
This software can be accessed from countries around the world and may contain references
to Virtual Software Solutions products, services, and programs that are not available
in your country. These references do not imply that Virtual Software Solutions intends
to announce such products, services, or programs in your country.
The software is controlled, operated, and administered by Virtual Software Solutions
from its offices within the United States of America. Virtual Software Solutions
makes no representation that the software, or the Services or Materials available
through it, are appropriate or available for use at other locations outside the
United States, and access to the software from territories where the software or
any of its Services or Materials are illegal is prohibited. If you access the software
from a location outside the United States, you are responsible for compliance with
all local laws. See section on Export Control Laws, below, for further information.
Limitation Of Liability
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL VIRTUAL SOFTWARE SOLUTIONS,
ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS,
OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY 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 VIRTUAL SOFTWARE SOLUTIONS 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
OR THE INABILITY TO USE THIS SOFTWARE, ITS SERVICES, OR MATERIALS, THE STATEMENTS
OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SOFTWARE, ANY DEALINGS WITH VENDORS
OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE
TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH
THE SOFTWARE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SOFTWARE REFERENCED OR
LINKED TO FROM THIS SOFTWARE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE
MAY NOT APPLY TO YOU.
Export control laws; notice to u.s. Government users
The export and re-export of Virtual Software Solutions software products are controlled
by the United States Export Administration Regulations, and such software may not
be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria,
the Taliban controlled areas of Afghanistan, or any country to which the United
States embargoes goods. In addition, Virtual Software Solutions software may not
be distributed to persons on the Table of Denial Orders, the Entity List, or the
List of Specially Designated Nationals.
By downloading an Virtual Software Solutions software product you are certifying
that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria,
the Taliban controlled areas of Afghanistan, or any country to which the United
States embargoes goods and that you are not a person on the Table of Denial Orders,
the Entity List, or the List of Specially Designated Nationals.
Governing Law And Jurisdiction
This software (excluding linked softwares) is controlled by Virtual Software Solutions
from its offices within the state of New York, United States of America. By accessing
this software, you and Virtual Software Solutions agree that all matters relating
to your access to, or use of, this software shall be governed by the statutes and
laws of the State of New York, without regard to the conflicts of laws principles
thereof. You and Virtual Software Solutions also agree and hereby submit to the
exclusive personal jurisdiction and venue of the Supreme Court of New York, Manhattan,
and the United States District Court for the Southern District of New York with
respect to such matters.
General
The Terms of Use and the other rules, guidelines, licenses and disclaimers posted
on the software constitute the entire agreement between Virtual Software Solutions
and you with respect to your use of the software. If for any reason a court of competent
jurisdiction finds any provision of the Terms of Use, or portion thereof, to be
unenforceable, that provision shall be enforced to the maximum extent permissible
so as to effect the intent of the parties as reflected by that provision, and the
remainder of the Terms of Use shall continue in full force and effect. Any failure
by Virtual Software Solutions to enforce or exercise any provision of the Terms
of Use or related right shall not constitute a waiver of that right or provision.
The section titles used in the Terms of Use are purely for convenience and carry
with them no legal or contractual effect.
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