(Or, Vivtek's stab at legalese. Like it?)
RESTRICTIONS ON USE OF MATERIALS.
This site (http://www.vivtek.com, referred to as "the site" or "this site" herein) is owned and operated by Vivtek (referred to as "we," "us" or "our" herein).
No material from the site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, UNLESS you keep intact all copyright and other proprietary notices and provide a link or direction back to http://www.vivtek.com, preferably in the form of a link to the originating page. Modification of any such materials without our explicit written permission is a violation of our copyright and other proprietary rights. Automatic transformation of any such materials is permitted, but any such derivative materials are considered equivalent to the original form of the materials and are to be governed by the same rules as material downloaded directly.
In the event you purchase or download software from the site, said software, including any files, images, or data accompanying the software (collectively, the "Software") are licensed to you by us. Any files, images, or data generated by the software while you use it are, of course, yours. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software, and all intellectual property rights therein. You may reduce the Software to other forms, including human-readable or disassembled forms (you will anyway if you want to), but all such derivative forms are to be considered equivalent to the Software under this agreement, just as any other automatic transformation of materials we own.
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all of our sites and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all of our other sites and all copies thereof, whether made under the terms of this agreement or otherwise.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
Under no circumstances, including, but not limited to, negligence, shall we be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if we or our authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this site.
REDISTRIBUTION OF MATERIALS
In some cases, you may be granted the right to re-sell the Software as long as you do so according to the published Vivtek Distribution Agreement (referred to as "Distribution Agreement" herein) in force at the time of the resale, NOT that in force at the time of your purchase of the Software. We retain the right to change the Distribution Agreement at any time with no notice, and the current Distribution Agreement may proclude redistribution. (This sounds a little weird but it covers us in case the whole redistribution thing doesn't work out.)
This agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.