EULA Terms & Conditions
Effective August 2015
USE OF SOFTWARE:
Any software that is available on this Site ("Software") is the copyrighted work of VIMTREK 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, VIMTREK 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.
You may not: • Use this site in an unlawful manner or to promote unlawful conduct or in a manner likely to give rise to civil liability;
• Impersonate, or misrepresent your affiliation with, any other person or entity;
• Engage in spamming or “flooding”;
• “Scrape” or use any other automated means to extract data or other information from this Site;
• Frame this Site; or
• Attempt to gain unauthorized access to other computer systems through this Site.
Without limitation of our other rights and remedies hereunder, we reserve the right to suspend or terminate your use of this Site at any time in our sole discretion.
VIMTREK owns or has rights to 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, create derivative works of, 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.
Links to other web sites are provided solely as a convenience to you. VIMTREK 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.
DISCLAIMER OF WARRANTIES.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED “AS IS,” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO INFORMATION, DATA OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OR COMPLETENESS OF ANY CONTENT, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VIMTREK DOES NOT WARRANT THAT THE SITE, INCLUDING, WITHOUT LIMITATION, THE FUNCTIONS, FEATURES, SERVICES OR CONTENT AVAILABLE THEREON, WILL MEET YOUR REQUIREMENTS OR BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL VIMTREK, 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 VIMTREK 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, INCIDENTAL, OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.____
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Georgia, 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 Fulton County, Georgia and you irrevocably agree to submit to the jurisdiction of such courts. You further agree to indemnify, defend and hold harmless VIMTREK 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 affect the validity and enforceability of any remaining provisions.
VIMTREK 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.
This Site is operated by: VIMTREK LLC
280 Technology Parkway
Norcross, GA 30092