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Introduction

Your use of Visual Software Systems, LLC’s Web Site (the “Web Site”) and all related content, including but not limited to proprietary software, documentation, images, videos, etc., (the “Content”) is subject to these Terms and Conditions of Use, our Privacy Policy, and any other relevant terms and conditions, policies, and notices which may be posted from time to time on the Web Site (the “Terms”). Please read the Terms carefully before using the Web Site.

Accepting these Terms of Use

Your use of our Web Site signifies your agreement with the Terms. If you do not agree with any of the Terms, do not use the Web Site. Visual Software Systems, LLC reserves the right to update the Terms at any time without notice. The most current version of the Terms will be posted on the Web Site.

Trade names

“Visual Software,” “Visual Software Systems” and “VSS” are all registered trade names of Visual Software Systems, LLC. The VSS and Visual Software Systems logos are the trademarks and/or service marks of Visual Software Systems, LLC. Your use of these trade names and trademarks is subject to all prevailing restrictions under state and federal laws.

Site Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Returns and Refunds

We encourage you to take full advantage of the 30 day free trial we offer on all our products before you purchase so that you can be sure our software meets your needs. Once an order is submitted on the site, there are no returns and no refunds. All sales are final.

Copyright

The Web Site is controlled and operated by Visual Software Systems, LLC. All Content on the Web Site is protected by copyrights owned and controlled by Visual Software Systems, LLC. The logos, manuals, documentation, and other support materials are either patented, copyrighted, trademarked, constitute valuable trade secrets (whether or not any portion of them may be copyrighted or patented) or are otherwise proprietary to Visual Software Systems, LLC. You may not remove or obscure Visual Software Systems, LLC’s copyright, trademark or other proprietary notices from any of the materials on or obtained through the Web Site. Unless otherwise specified, the Content on this Web Site is for personal and non-commercial use only. The modification, copying, distribution, transmission, display, reproduction, publishing or republishing, licensing, creation of derivative works from, transfer or sale of Content obtained from the Web Site without written permission from Visual Software Systems, LLC is strictly prohibited.

Notice Concerning Software Available on the Web Site

Any Visual Software Systems, LLC Software available for download from the Web Site is the copyrighted work of Visual Software Systems, LLC. Use of the Visual Software Systems, LLC Software is governed by the terms of the end user license agreement which accompanies or is included with the Visual Software Systems, LLC Software (the “License Agreement"). The Visual Software Systems, LLC Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF LICENSED SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

License of Your Content

By posting, publishing, uploading, or distributing any messages, data, software, workspaces, information, text, graphics, links, content, or other materials (collectively, "Postings") for use on the Web Site, you grant (or warrant that the owner of such rights has expressly granted) Visual Software Systems, LLC a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with the right to sublicense, use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such Postings or incorporate such Postings into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against Visual Software Systems, LLC for any alleged or actual infringement or misappropriation of any proprietary right in Postings you provide to Visual Software Systems, LLC.

Restrictions on Use

You agree not to knowingly: (a) use any device, software or technique to interfere with or attempt to interfere with the proper working of the Web Site; (b) post or transmit to the Web Site any unlawful, fraudulent, harassing, libelous, or obscene information of any kind; (c) post or send to the Web Site any information that contains a virus, bug, or other harmful item; (d) publish, perform, distribute, prepare derivative works, copy, reverse engineer, or use the Content (other than as permitted herein); (e) post or transmit into or on the Web Site any information in violation of another party’s copyright or intellectual property rights; (f) take any action which could damage, disable, overburden or impair the Web Site infrastructure or Visual Software Systems, LLC’s network system; (g) re-deliver any of Web Site or the Content using "framing", hyperlinks, or other technology without Visual Software Systems, LLC’s permission; (h) attempt to gain unauthorized access to any software, other accounts, computer systems or networks connected to any Visual Software Systems, LLC server through hacking, password mining or any other means; (i) take any action which may interfere with any other party’s use and enjoyment of the Web Site; or, (j) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Site.

Right to Regulate

You acknowledge that Visual Software Systems, LLC has the right, but no obligation, to monitor all activity relating to the Web Site. Visual Software Systems, LLC may, consistent with its Privacy Policy, disclose any information necessary to operate the Web Site, to protect Visual Software Systems, LLC, third parties, Visual Software Systems, LLC’s customers, and to comply with legal obligations or governmental requests. Visual Software Systems, LLC reserves the right, in its sole and absolute discretion, to monitor and edit Postings and registrations, remove them, and cause them not to be registered, posted, published, uploaded or distributed at any time and for any reason or no reason. Visual Software Systems, LLC reserves the right to change the Web Site at any time at its sole discretion without notice to users. Visual Software Systems, LLC may deny access to the Web Site to anyone at any time for any reason whatsoever.

Compliance with Law

You agree to comply with all governmental laws, statutes, ordinances, and regulations regarding your use of the Web Site. You may not use the Web Site and may not accept the Terms if (a) you are not of legal age to form a binding contract with Visual Software Systems, LLC, or (b) you are a person barred from using the Web Site under the laws of the United States or other countries including the country in which you are resident or from which you use the Web Site.

Registration

Certain sections of the Web Site require you to register. If registration is requested, you agree to provide accurate and complete registration information on your own behalf and not on behalf of any third party. It is your responsibility to inform Visual Software Systems, LLC of any changes to that information or to change such information by signing in to your account. Each registration is for a single individual only. Visual Software Systems, LLC does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use.

Password-protected Areas

If Visual Software Systems, LLC grants you access to password-protected areas of the Web Site, you agree to keep your password confidential and to send notice to Visual Software Systems, LLC immediately if your password is compromised. You acknowledge that the Internet is a network of computers worldwide, and that information is routed via third party computers to and from Visual Software Systems, LLC, and that Visual Software Systems, LLC is not responsible for lapses in online security and does not assume liability for improper use of your information by a third party.

DISCLAIMER

THE WEB SITE AND ALL CONTENT IS PROVIDED “AS IS”AND “AS AVAILABLE” AND WITH ALL DEFECTS AND ERRORS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VISUAL SOFTWARE SYSTEMS, LLC MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VISUAL SOFTWARE SYSTEMS, LLC ASSUMES NO LIABILITY FOR DAMAGE TO ANY SYSTEM ON WHICH CONTENT IS INSTALLED, FOR CORRUPTION OF ANY DATA TRANSLATED BY THE CONTENT, OR FOR LOSSES ARISING DUE TO THE ACTS OR OMISSIONS OF THIRD PARTIES IN CONNECTION WITH THE WEB SITE AND ALL CONTENT. VISUAL SOFTWARE SYSTEMS, LLC MAKES NO WARRANTIES THAT THE WEB SITE OR ANY CONTENT WILL BE ERROR-FREE OR UNINTERUPPED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEB SITE OR CONTENT WILL PROVIDE SPECIFIC RESULTS.

VISUAL SOFTWARE SYSTEMS, LLC SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFIT OR BUSINESS OPPORTUNITY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEB SITE AND/OR CONTENT.

VISUAL SOFTWARE SYSTEMS, LLC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ECONOMIC DAMAGES OR INJURY TO PROPERTY AND LOST PROFITS, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER YOU WERE ADVISED, OR HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF THE FOREGOING.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEB SITE, CONTENT AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST VISUAL SOFTWARE SYSTEMS, LLC FOR DISSATISFACTION WITH THE WEB SITE OR ANY OF THE CONTENT IS TO STOP USING THE WEB SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Indemnity

You agree to indemnify and hold Visual Software Systems, LLC harmless from any demands, loss, liability, claims or expenses (including attorney’s fees) awarded by a court of competent jurisdiction or arising out a monetary settlement and incurred by or imposed upon Visual Software Systems, LLC by any third party in connection with any third party claims, suits, actions, demands or judgments (“Claims”) arising out of any theory of liability (including without limitation actions in the form of tort, warranty, or strict liability and regardless of whether such action has any factual, which Claims are due to or arising from your use of the Web Site or the Content.

Governing Law

The Terms are governed by, construed, interpreted, and enforced in accordance with the laws of the State of Connecticut and the laws of the United States. Each of the parties hereby irrevocably submits to the jurisdiction of the courts of Connecticut.

Severability

If any provision of the Terms is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, the remainder of the Terms shall continue in full force and effect.