New Visions Software

LEGAL INFORMATION

NEW VISIONS SOFTWARE PROVIDES THIS SITE AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:

COPYRIGHT INFORMATION

Copyright 1995-2001 New Visions Software. All Rights Reserved.

All pages within this Internet site ("Site") are the property of New Visions Software. Permission (which may be revoked at any time) is granted to download the material in this Site (which may include, but is not limited to graphics, images, and software) for personal, home use on your computer without alteration. You may not link directly to these files from another website (links to the webpage is OK, but not to the files). The material downloaded from this site may not be sold or included in any collections (clipart, graphic, software or otherwise) or used in any form as stock photography or for advertising purposes. Any non-commercial use must contain the following copyright: "Copyright 1995-2000 New Visions Software. All Rights Reserved." If you have specific questions concerning these terms of use, contact New Visions Software at info@nvsoftware.com.

TRADEMARK NOTICE

"New Visions," "New Visions Software," the "New Visions Software" logo and nvsoftware.com are trademarks and service marks of New Visions Software. All other trademarks, service marks and logos used in this Site the trademarks, service marks or logos of their respective owners.

WARRANTY INFORMATION

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE SITE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY NEW VISIONS SOFTWARE. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE SITE AND/OR RELATED SERVICES WILL NOT BE FREE OF INTERRUPTIONS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.

NEITHER NEW VISIONS SOFTWARE NOR ITS SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

A possibility exists that the Site could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions and alterations could be made by third parties to the Site. Although New Visions Software attempts to ensure the integrity and the accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. In the event that such an inaccuracy arises, please inform New Visions Software so that it can be corrected.

ACKNOWLEDGMENT

This Site may contain links to other Web sites operated by third parties ("Linked Sites"). You acknowledge that, when you click on a link to visit a Linked Site, a frame may appear that contains the New Visions Software logo, advertisements and/or other content selected by New Visions Software. You acknowledge that New Visions Software and its sponsors neither endorse nor are affiliated with the Linked Site and are not responsible for any content that appears on the Linked Site. You also acknowledge that the owner of the Linked Site neither endorses nor is affiliated with New Visions Software and its sponsors.

VOID WHERE PROHIBITED

Although the Site is accessible worldwide, not all products or services discussed or referenced in the Site are available to all persons or in all geographic locations or jurisdictions. New Visions Software reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction it so desires. You agree to indemnify, defend and hold harmless New Visions Software and its sponsors against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) your violation of the Code of Conduct and/or (c) your activities in connection with the Site or Site-related services.

CODE OF CONDUCT

While using the Site or Site-related services, you agree not to:

Restrict or inhibit any other user from using and enjoying the Site and services;

Post or transmit any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information of any kind;

Post or transmit any information or software that contains a virus, worm, trojan horse or other harmful or disruptive component; or

Post or transmit materials in violation of another party's copyright or intellectual property rights.

New Visions Software has no obligation to monitor the Site or Site-related services. However, you acknowledge and agree that New Visions Software has the right to monitor the Site and Site-related services and to disclose any information necessary to operate the Site properly, to protect itself and its sponsors and customers and to comply with legal obligations or governmental requests. New Visions Software reserves the right to refuse to post or to remove any information or materials, in whole or in part, that are unacceptable, offensive or in violation of this Agreement. New Visions Software also reserves the right to prohibit any user who, in New Visions Software's sole discretion, violates the Code of Conduct or other terms of this Agreement from using the Site and related services. Such prohibition may occur without notice to the user.

You agree to indemnify, defend and hold harmless New Visions Software and its sponsors against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) your violation of the Code of Conduct and/or (c) your activities in connection with the Site or Site-related services.

RESTRICTED RIGHTS LEGEND

Use, duplication or disclosure by the Government is subject to the restriction as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software Clause as DFARS 252.227-7013 and FAR 52.227-19, as applicable. Supplier is New Visions Software, P.O. Box 310146, Enterprise, Alabama 36331-0146.

MAKING PURCHASES

If you wish to license or make purchases of products or services described on the Site, you may be asked by the applicable merchant or service provider to supply certain information, including but not limited to credit card or other payment information. You agree that all information that you provide to any such merchant or service provider will be accurate, complete and current. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Moreover, you agree to review and to comply with the terms and conditions of any specific agreement that you enter into with the merchant and/or service provider in connection with the licensing or purchase of any product or service.

MISCELLANEOUS

This Agreement is entered into in the State of Alabama and shall be governed by and construed in accordance with the laws of the State of Alabama, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the State of Alabama, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. This Agreement may be supplemented or modified by any license or other agreement used in connection with any software or other product that you download, license or purchase through this Site ("Other Agreements"). Except with respect to such Other Agreements, any modifications of this Agreement must be in writing and signed by both parties hereto, except that New Visions Software may modify the terms of this Agreement by sending notice to you via e-mail (at the most current e-mail address for you in New Visions Software's records) fourteen (14) days in advance of the date on which such modification takes effect or by posting notice of such modification on a page of the Site entitled "Legal Notices" or "Legal Information" at least fourteen (14) days before the modification takes effect.

 

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