Visualization and Imagery Solutions, Inc.
End-User License Agreement for
"OpenDX: Paths to Visualization" Non-Printable eBook version.
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING ANY CONTENT FROM THIS SITE. ANY SOFTWARE, ANY ELECTRONIC BOOK ("EBOOK"), CONTENT OR OTHER MATERIAL (COLLECTIVELY, THE "CONTENT") THAT IS ON THIS SITE IS THE COPYRIGHTED WORK OF VISUALIZATION AND IMAGERY SOLUTIONS, INC. ("VIS") AND/OR ITS SUPPLIERS. USE OF THE CONTENT IS GOVERNED BY THE TERMS OF THIS LICENSE AGREEMENT.
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2. RESTRICTIONS ON USE OF THE CONTENT:
This site is owned and operated by VIS. No content from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except for the terms set forth in this agreement. In the event you download any content from this site, such content is licensed to you by VIS. VIS does not transfer title to the content to you. Republication or redistribution of the content is expressly prohibited. Modification of the content contained on this site or use of the content for any other purpose is prohibited and constitutes a violation of the copyright and other proprietary rights of VIS and/or its suppliers, and may result in severe civil and criminal penalties. Without limiting the foregoing, copying or reproduction of the content or any other material obtained on this site to any other server or location for further reproduction or redistribution is expressly prohibited.
3. USE OF THE EBOOK
3.1 You may download one copy of the content for your personal use only, provided you keep intact all copyright, trademark, and other proprietary notices.
3.2 You may install one copy of the eBook onto a hard disk or other storage device on one Computer.
3.3 You may make one backup copy of the eBook, provided your backup copy is not used on any computer.
3.4 You must keep any eBook in the form in which it was supplied to you. VIS may include other information (including information identifying the author, the copyright owner, or the terms upon which the eBook is supplied) to any eBook supplied to you. You must not circumvent any measures that VIS has taken to protect the rights in the supplied eBook, including removing this information or otherwise facilitating an infringement of copyright.
3.5 HOME USE. The primary user of each computer on which the eBook is installed may also install the eBook on one home computer. However, the eBook may not be used on the home computer at the same time the eBook on the primary computer is being used.
3.6 You may not output this eBook to any other output device except the Computer display from which the eBook is installed.
4. DISCLAIMER OF WARRANTIES:
THE CONTENT IN THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. VIS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT 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. VIS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT VIS) 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.
5. LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES SHALL VIS BE LIABLE TO YOU FOR ANY SPECIAL OR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF VIS OR A VIS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. US EXPORT ISSUES:
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This agreement will terminate immediately without notice from VIS if in VIS's sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all the content obtained from this site.
8. GOVERNING LAW AND GENERAL PROVISIONS:
This agreement shall be governed by and construed in accordance with the laws of the state of Montana, 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.
9. Notice to US Government End Users:
This eBook is a "Commercial Item", as that term is defined at 48 C.F.R-2.101, consisting of "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R.-12.212 or 48 C.F.R-227.7202, as applicable. Consistent with 48 C.F.R.-12.212 or 48 C.F.R-227.7202-1 through C.F.R-227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. Visualization and Imagery Solutions, Inc., 5515 Skyway Drive, Missoula, MT 59804.
10. Compliance with Licenses:
If you are a business or organization, you agree that upon request of VIS or VIS's authorized representative, you will within thirty (30) days fully document and certify that your use of any and all VIS software at the time of the request is in conformity with your valid licenses from VIS.
VIS is a trademark of Visualization and Imagery Solutions, Incorporated. 7/99
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