Legal Notice
Privacy Policy
Life-Support Policy
Terms and Conditions of Sale
Limited Warranty
End-User License Agreement
© Copyright 1989-2024 Videomail, Inc. All rights reserved.
VideoMail, the Videomail logo design, VMC-1, VMC-2, VMC-3, VMC-6, and VMC-7 are trademarks of
Videomail, Inc. DigiTV® is a registered trademark of Videomail, Inc. All other brand names, product names, company names, trademarks or registered trademarks are the property of their respective owner(s). Videomail, Inc. reserves all rights to discontinue or make changes to or in any or all of its policies, products, services and/or
proprietary intellectual property, the specifications and functionalities thereof, as well as in the information
presented on this web-site at any time and without notice. Videomail, Inc.'s product, service and/or proprietary intellectual property specifications, availability, contents, form, fit and function, as well as policies and web-site contents are subject to change at any time without notice, except as required by law, with no obligation or liability whatsoever incurred therefor. The information presented on this web-site is reasonably believed to be accurate, may
contain proprietary and/or patent-pending intellectual property of the company, and
may reflect technical recommendations and/or opinions of the company. Such information
is disclosed on an "as-is" basis only for the purpose of convenience of reference,
and contains no warranties whatsoever, express or implied.
Videomail, Inc. makes no guarantee or warranty concerning any oral, written, or electronically
communicated information, including, but not limited to, the information presented on this
web-site.
VIDEOMAIL, INC. SHALL NOT, IN ANY
EVENT, BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM INTERRUPTION OF SERVICE,
LOSS OF BUSINESS, OR DAMAGE TO PROPERTY OR EQUIPMENT) OR LIABILITY IN TORT RELATING TO THE USE OF, MISUSE OF,
OR RELIANCE UPON, SAID INFORMATION.
Videomail, Inc. does not guarantee that the use of any information contained herein will not
infringe upon the patent or other rights of third parties, and no patent or other licence is
implied hereby.
The information presented on this web-site does not in any way extend Videomail, Inc.'s warranty
on any of its products, services, and/or proprietary intellectual property beyond that set
forth in its standard Limited Warranty and/or its standard Terms and Conditions of Sale.
Any and all testing, burn-in, and/or other quality-control techniques utilized by
Videomail, Inc. in the manufacture of its products, its services, and/or its proprietary
intellectual property are performed only to the extent Videomail, Inc. deems necessary, at its sole option, to support
its Limited Warranty as set forth herein.
Notwithstanding the information presented
on this web-site, visitors to this web-site and all customers are hereby strongly
cautioned and encouraged
to obtain and verify the latest version(s) of all relevant information and to independently, impartially, thoroughly and completely
evaluate the usefulness, applicability and/or fitness
of the company's products, services and/or proprietary intellectual property for the
intended purpose(s), or lack thereof, as well as the company's Limited Warranty, Terms and
Conditions of Sale, Life-Support Policy, Privacy Policy, and End-User License Agreement prior to making any purchase decision(s).
Videomail, Inc. assumes no obligation or liability for applications assistance, technical support, safety and/or regulatory testing, compliance and/or certification(s), or
customers' product design and/or integration, with regard to Videomail, Inc.'s products, services
and/or proprietary intellectual property.
Neither any information presented on this web-site,
nor this web-site in its entirety, is to be construed as an advertisement for the
company's products, services and/or proprietary intellectual property, or any inducement
to buy, sell or hold the company's products, services, proprietary intellectual property,
stock, debt, or any tangible or intangible assets, liabilities, or instruments whatsoever.
Any entities other than Videomail, Inc. mentioned on this web-site are included herein
for convenience of reference only. Their mention on this web-site does not imply any
fiducial, financial, commercial, subsidiary, ownership, partnership or any other
beneficial or non-beneficial relationship whatsoever with Videomail, Inc. Conversely,
the exclusion of entities from mention on this web-site does not imply lack of a fiducial,
financial, commercial, subsidiary, ownership, partnership or any other beneficial or
non-beneficial relationship whatsoever with Videomail, Inc.
At its sole option, Videomail, Inc. reserves the right, without obligation of private
or public acknowledgement or notification to any party or entity except as required by law,
to sell, co-sell or re-sell products, services and/or intellectual property developed,
produced and/or manufactured by one or more third parties, either "as-is", or with or
without any addition or reduction in tangible or intangible value, functionality,
features or specifications.
Any third-party products, services and/or proprietary intellectual property mentioned on
this web-site are included herein for convenience of reference only. Their mention on
this web-site does not imply any evaluation, approval, warranty, recommendation,
endorsement, or addition or reduction in tangible or intangible value, functionality,
features or specifications by Videomail, Inc.,
or any compatibility or other beneficial or non-beneficial
relationship whatsoever with products, services and/or proprietary intellectual
property of Videomail, Inc. Conversely, the exclusion of third-party products, services
or proprietary intellectual property from mention on this web-site does not imply lack
of any evaluation, approval, warranty, recommendation or endorsement by Videomail, Inc.,
or lack of any compatibility or other beneficial or non-beneficial relationship whatsoever
with products, services and/or proprietary intellectual property of Videomail, Inc.
Any and all document(s), documentation, communication(s), correspondence, submission(s),
presentation(s), attachment(s), drawing(s), diagram(s), specification(s), file(s), listing(s),
print-out(s), transcript(s) or other information in tangible or intangible form received by,
or forwarded, evidenced or disclosed to, Videomail, Inc., its authorized agent(s), successor(s)
and assign(s) by any means, including but not limited to postal mail, package delivery service,
aural, visual, verbal, tactile, haptic, telephonic, wired or wireless, VoIP, voicemail, audiovisual
communication(s) or recording(s), written, printed or electronic communication(s) or message(s), E-mail(s),
facsimile(s), or Internet, Instant Message(s), Web, form(s), chat(s), text(s), SMS or E-commerce,
whether solicited, unsolicited, acknowledged or unacknowledged,
shall immediately become, and remain so in perpetuity, the unencumbered, free and clear property of Videomail, Inc.,
its successor(s) and assign(s), without incurring any obligation or liability whatsoever therefor.
Error(s) and Omission(s) Excepted (E&OE).
Videomail, Inc. maintains mailing lists and contact information of current and
prospective customers solely for internal marketing purposes as well as for
disseminating information about new products and technologies. It is Videomail, Inc.
policy to maintain such mailing lists and contact information as EXTREMELY PRIVATE
AND CONFIDENTIAL data, not to be sold, bartered or exchanged. However, upon
receipt of oral, written or electronic communication with the word "REMOVE" in the
subject line, or in the event that this Privacy Policy is intentionally or
unintentionally violated due to employee, agent or third-party actions that disregard
Videomail, Inc. directives, VIDEOMAIL, INC.'s SOLE OBLIGATION AND LIABILITY SHALL
BE LIMITED TO MAKING BEST EFFORTS TO PROMPTLY AND EXPEDITIOUSLY DELETE SUCH CONTACT
INFORMATION FROM ITS MAILING LISTS. VIDEOMAIL, INC. SHALL NOT, IN ANY EVENT, BE
LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES RESULTING FROM LOSS OF PRIVACY) OR LIABILITY IN TORT RELATING TO
THE MAINTENANCE OF, USE OF, MISUSE OF, OR RELIANCE UPON SAID MAILING LISTS AND CONTACT
INFORMATION.
Videomail, Inc.'s products, services and/or proprietary intellectual property are NOT
INTENDED for use as critical components in life-support and/or other critical applications,
appliances, devices, products, systems or installations in which the failure of a Videomail, Inc. product[s], service[s],
and/or proprietary intellectual property to perform as expected could reasonably be expected to result in death, personal or bodily injury or distress, property damage or
environmental damage. It is, and shall remain so in perpetuity, each and every customer's, and successor's and assign's thereof, sole and undivided responsibility to obtain, and to always maintain as current, valid and in good standing, any and all necessary and required safety and regulatory
compliance certification(s), as updated and amended from time to time, and to always ensure that adequate design, transportation, storage, installation, operating,
calibration, testing, inspection, maintenance and other safeguards are provided in applications utilizing Videomail, Inc.'s products,
services and/or proprietary intellectual property to eliminate any and all inherent, potential, operating and other hazards, and to fully and completely indemnify in perpetuity Videomail, Inc., its authorized agent(s), successor(s) and assign(s) for any and all claims, damages, obligations and liabilities whatsoever arising therefrom.
Receipt of a Purchase Order(s) by Videomail, Inc., its authorized agent(s), successor(s) and assign(s), whether by postal mail, package delivery service, written or electronic communication, E-mail, facsimile, or Internet, Web or E-commerce, shall be deemed to be the perpetual, full, complete and unconditional acceptance by the Purchaser(s), their agent(s), successor(s) and assign(s),
of Videomail, Inc.'s lawful Legal Notice, Privacy Policy, Life-Support Policy, Terms and Conditions of Sale, Limited Warranty, and End-User License Agreement, as updated and amended from time to time, all of which are publicly stated herein.
Furthermore, any and all Purchase Order(s) received by Videomail, Inc., its authorized agent(s), successor(s) and assign(s), whether by postal mail, package delivery service, written or electronic communication, E-mail, facsimile, or Internet, Web or E-commerce, shall be deemed to be perpetual and legally binding Non-Cancellable Non-Returnable ("NCNR") committment(s) by
the Purchaser(s), their agent(s), successor(s) and assign(s), to pay in full within the time period due, and buy Videomail, Inc.'s product[s], service[s], and/or proprietary intellectual property, to transport, store and utilize Videomail, Inc.'s product[s], service[s], and/or proprietary intellectual property only
for the permissible and intended purpose(s) and always in a lawful manner, to dispose of and/or recycle Videomail, Inc.'s product[s], service[s], and/or proprietary intellectual property in a lawful manner, and to fully and completely indemnify in perpetuity Videomail, Inc., its authorized agent(s), successor(s) and assign(s) for any and all claims, damages, obligations and
liabilities whatsoever beyond those set forth in the Limited Warranty hereinunder.
Videomail, Inc. reserves all rights
to impose cancellation penalties for Purchase Order(s) cancelled prior to shipment from Videomail, Inc. or download from Videomail, Inc.'s web-site(s).
All sales invoice(s) for shipment(s), service(s) and/or proprietary intellectual property from Videomail, Inc. or for download(s) from Videomail, Inc.'s web-site(s) against Purchase Order(s) received are payable
in full per the terms stated therein, regardless of whether said shipment(s), service(s), proprietary intellectual property and/or download(s) is accepted or rejected by
Customer or Customer's agent.
Videomail, Inc.'s Terms of Sale are prepaid, COD (U.S. only, certified funds) or Net 30 days (qualified accounts only).
All international orders must be prepaid only. All prices are in U.S. Dollars F.O.B.
Santa Clara, California, USA. Remittances must be payable in Federal funds (wire transfers)
or in certified U.S. Dollar instruments drawn on U.S. banks.
The consignee is responsible for payment of all applicable national, state, local, customs, drop-off, pick-up and destination taxes, duties, levies, fees and surcharges, as well as Carriage, Insurance, and Freight (CIF) costs, fuel, labor, shipping, handling, documentation, transit and storage charges, surcharges, duties, levies, fees and taxes. All shipment claims must be received in written, facsimile, or electronically communicated form
within thirty (30) calendar days of shipment from Videomail, Inc. or download from Videomail, Inc.'s web-site(s). Videomail, Inc. reserves all rights to reject any and all Purchase Order(s) and/or Application(s) for Credit Terms at any time without notice to any party, and without incurring any obligation or liability whatsoever therefor. Any offer by Videomail, Inc.
to sell its product(s), service(s) and/or proprietary intellectual property, and/or any price or
availability quotation(s) submitted by Videomail, Inc. in any form, does not imply a binding
comittment to sell. Any and all such offer(s) and quotation(s), including but not limited to pricing
and availability quotation(s), may be unconditionally withdrawn by Videomail, Inc. at its sole option at any time without
notice to any party, and without incurring any obligation or liability whatsoever therefor.
VIDEOMAIL, INC. SHALL NOT, IN ANY
EVENT, BE LIABLE WHATSOEVER TO ANY PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE(S) (INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM INTERRUPTION OF SERVICE(S),
LOSS OF BUSINESS OR LOSS OF BUSINESS DATA, GOODWILL, GOODS, INVENTORY, WORK IN PROCESS, MATERIAL(S), EQUIPMENT OR PROPERTY, OR LOSS OF PROFITS OR COMMISSIONS) OR LIABILITY IN TORT RELATING
TO PERFORMANCE, MAL-PERFORMANCE OR NON-PERFORMANCE, NON-CALIBRATION OR MIS-CALIBRATION, UNAVAILABILITY OF DOWNLOAD(S), CHANGE(S) IN PRICE, AVAILABILITY, SPECIFICATION(S) AND/OR FORM, FIT AND FUNCTION, OR VIDEOMAIL, INC.'S DELAY OR FAILURE TO SHIP OR MAKE AVAILABLE FOR DOWNLOAD ANY OR ALL OF ITS PRODUCT(S), SERVICE(S), AND/OR PROPRIETARY INTELLECTUAL PROPERTY.
Goods submitted for refund must be received at Videomail, Inc. with all Carriage, Insurance, and Freight (CIF) costs, taxes, levies, duties, fees, charges and surcharges PRE-PAID by the customer, in original, unused and undamaged condition within 30 calendar days from the date of sale and must be accompanied by a Return
Merchandise Authorization ("RMA") obtained by the customer from Videomail, Inc. prior to return shipment. A minimum 20% restocking charge applies
to all returned merchandise, and is subject to change without notice.
Refunds will NOT be issued for downloads, services, subscriptions, calibration, intellectual property, software, Developer Kits, consumable items, film, media, or for national, state, local, customs, drop-off, pick-up and destination taxes, duties, levies, fees, charges and surcharges, as well as Carriage, Insurance, and Freight (CIF) costs, fuel, labor, shipping, handling, documentation, transit and storage charges, surcharges, duties, levies, fees and taxes.
All sales are considered to be FINAL upon shipment or download. Videomail, Inc., at its sole option and discretion, reserves the right to unconditionally decline any and all request(s) for refund or for Return Merchandise Authorization(s) without incurring any obligation or liability whatsoever therefor. All prices, price and availability quotations, product specifications and form, fit and function are subject to change without notice.
All international orders and shipments are subject to applicable U.S. Government
export laws, sanctions, restrictions and regulations in effect on the date of sale. Without any exceptions, all Purchaser(s), Customer(s), Consignee(s) and End-User(s), and their agent(s), successor(s), and assign(s) must warrant, and must always maintain adequate safeguards to thereby ensure, that Videomail, Inc.'s product(s), service(s) and/or proprietary intellectual property as well as the software, documentation
and other information supplied with Videomail, Inc.'s product(s) or downloaded from Videomail, Inc.'s web-site(s) shall NOT be shipped, re-shipped, trans-shipped, forwarded, stored, directed, re-directed, transited, transported, transferred, transmitted, sold, re-sold, exported, re-exported, distributed, disseminated, divulged or diverted to any country or region, or procured, possessed or utilized by any entity in any location or in any manner prohibited by the United States Export Administration Act
and other applicable export laws, sanctions, restrictions and regulations, as amended and updated from time to time.
Videomail, Inc. offers a Limited Warranty to only the original purchaser of
its product(s), EXCLUDING services, calibration, intellectual property, Developer Kits, film, media and consumable items,
software, documentation and other information supplied with Videomail, Inc.'s
product(s) and/or downloaded from Videomail, Inc.'s web-site(s) and all revision(s) thereof,
that it shall be free of gross defects resulting from faulty manufacture or defective components for a period of ONE (1) YEAR, defined as 365 calendar days, from the original date of sale.
Defects covered by this Limited Warranty shall be corrected either by repair of the product or,
at Videomail, Inc.'s sole discretion and option, by shipment of a replacement unit, if and when available, to the original purchaser. In the event of replacement, the
replacement unit will be warranteed for the remainder of the original ONE (1) YEAR Limited Warranty period or thirty (30) calendar days after shipment of the replacement unit, whichever term is longer.
THERE ARE NO OTHER ORAL, WRITTEN
OR ELECTRONICALLY COMMUNICATED WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. ANY AND ALL IMPLIED
WARRANTIES, LIABILITIES AND/OR OBLIGATIONS WHATSOEVER OF VIDEOMAIL, INC., ITS AUTHORIZED AGENT(S), SUCCESSOR(S) AND ASSIGN(S) TO THE ORIGINAL PURCHASER ARE LIMITED IN DURATION TO ONE (1) YEAR FROM THE ORIGINAL DATE OF SALE.
This Limited Warranty is non-transferable and does not apply if the product(s) has been re-sold by the original purchaser, damaged during shipment, transit or storage, or damaged by accident, abuse, misuse, modification, misapplication, misoperation, miscalibration, tampering or service by any person or entity other than Videomail, Inc. or its authorized agent(s), successor(s) and assign(s). This Limited Warranty does not cover any national, state, local, customs, drop-off, pick-up and destination taxes, duties, levies, fees, charges and surcharges, or Carriage, Insurance, and Freight (CIF) costs, fuel, labor, shipping, handling, documentation, transit and storage charges, surcharges, duties, levies, fees and taxes for Limited Warranty shipment(s) to or from Videomail, Inc.
To be eligible for Limited Warranty service, a Videomail, Inc. product purported to be grossly defective by the original purchaser must be
shipped to Videomail, Inc. or its authorized agent(s), successor(s) and assign(s) via pre-paid insured freight service at the sole expense and liability of the original purchaser and must
be received by Videomail, Inc. within ONE (1) YEAR of the original date of sale and must
be accompanied by a copy of its original sales receipt or invoice together with a Return Merchandise
Authorization ("RMA") number obtained from Videomail, Inc. or its authorized agent(s), successor(s) and assign(s) prior to return shipment and marked conspicuously on the exterior of the package. Any return shipment(s) for Limited Warranty service not accompanied by the aforementioned documentation placed in a re-closable pouch on the exterior of the package(s), or without RMA authorization number conspicuously visible on
the exterior of the package(s), will NOT be accepted by Videomail, Inc. or its authorized agent(s), successor(s) and assign(s). Videomail, Inc. reserves the sole right to, and shall not incur any obligation or liability whatsoever therefor,
refuse to accept return shipment(s) that are deemed, at the sole discretion and option of Videomail, Inc. or its authorized agent(s), successor(s) and assign(s), to be damaged, improper, incomplete, unauthorized, not covered by this
Limited Warranty, or ineligible for Limited Warranty service per the terms stated herein. Videomail, Inc.
does not warrant that its product(s), service(s) and/or proprietary intellectual property will meet the Purchaser's requirements; it is the Purchaser's sole
responsibility to independently, impartially, thoroughly and completely assess and determine the suitability and fitness of Videomail, Inc.'s
product(s), service(s) and/or proprietary intellectual property
for the Purchaser's intended purpose(s), or lack thereof, prior to making any purchase decision(s), regardless of
any oral, written or electronically-communicated information the Purchaser may have received
from Videomail, Inc. or its authorized agent(s), successor(s) and assign(s), and regardless of any information presented on
Videomail, Inc.'s public website or downloaded therefrom.
VIDEOMAIL, INC.'s SOLE OBLIGATION AND LIABILITY, TO ONLY THE ORIGINAL PURCHASER OF ITS PRODUCT(S), UNDER THIS WARRANTY IS LIMITED TO THE
REPAIR OR REPLACEMENT OF ITS PRODUCT(S), AT ITS SOLE OPTION, THAT ARE DEEMED TO BE GROSSLY DEFECTIVE AND ELIGIBLE FOR WARRANTY SERVICE, AT ITS SOLE DISCRETION, WITHIN ONE (1) YEAR OF THE
ORIGINAL DATE OF SALE. VIDEOMAIL, INC. SHALL NOT, IN ANY
EVENT, BE LIABLE TO ANY PURCHASER, THEIR AGENT(S), SUCCESSOR(S) OR ASSIGN(S), OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL
DAMAGE(S) (INCLUDING, BUT NOT LIMITED TO, DAMAGE(S) RESULTING FROM INTERRUPTION OF SERVICE,
LOSS OF BUSINESS, PROFITS OR COMMISSION, OR LOSS OF OR DAMAGE TO DATA, GOODWILL, TANGIBLE OR INTANGIBLE ASSETS, PROPERTY OR SOURCE(S) OF INCOME,
OR PROPERTY OR EQUIPMENT USED DIRECTLY OR INDIRECTLY IN CONJUNCTION WITH VIDEOMAIL, INC.'s PRODUCTS, SERVICES OR INTELLECTUAL PROPERTY) OR LIABILITY IN TORT RELATING TO
ITS PRODUCTS, SERVICES OR INTELLECTUAL PROPERTY OR RESULTING FROM USE, MISUSE, POSSESSION, STORAGE OR TRANSPORTATION OF ITS
PRODUCT(S), SERVICE(S) OR INTELLECTUAL PROPERTY.
Videomail, Inc.'s End-User License Agreement, as stated herein, accompanies and applies to all of its products, software, documentation
and other information supplied with Videomail, Inc.'s product(s) or downloaded from Videomail, Inc.'s web-site(s). The terms and
conditions of Videomail, Inc.'s End-User License Agreement, as stated herein, supplant but do not replace any other terms and conditions which apply to Videomail, Inc.'s products, services and proprietary intellectual property, including, but not limited to, the Limited Warranty stated hereinabove.
The term "software, documentation and other information" shall also include any upgrade(s), modified version(s)
or update(s) licensed by Videomail, Inc. to the End-User. THE USE OF SOFTWARE, DOCUMENTATION AND OTHER INFORMATION SUPPLIED WITH VIDEOMAIL, INC.'S PRODUCTS OR DOWNLOADED FROM VIDEOMAIL, INC.'S WEB-SITE(S) IS PERMITTED ONLY IF THE END-USER, THEIR AGENT(S), SUCCESSOR(S), AND ASSIGN(S), UNCONDITIONALLY ACCEPTS AND AGREES TO BE PERPETUALLY BOUND BY ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT IN ITS ENTIRETY. PERMISSION TO DOWNLOAD SOFTWARE, DOCUMENTATION OR OTHER INFORMATION FROM VIDEOMAIL, INC.'S
WEB-SITE(S) IS NOT OFFERED AS AN INCENTIVE OR INDUCEMENT FOR THE END-USER TO ACCEPT THIS AGREEMENT, SHOULD THE END-USER OTHERWISE
NOT WISH TO ACCEPT THIS AGREEMENT.
Upon unconditional acceptance of this License Agreement in its entirety by a SINGLE End-User, Videomail, Inc. grants to that SINGLE End-User a SINGLE non-exclusive license, for a time period limited by Videomail, Inc. at its sole option and discretion, for restricted use of the software, documentation and other information supplied with Videomail, Inc.'s product(s) or downloaded from
Videomail, Inc.'s web-site(s), provided that the SINGLE End-User agrees to all of the following:
- Use of the software, documentation and other information supplied with Videomail, Inc.'s product(s) or downloaded
from Videomail, Inc.'s web-site(s):
- The SINGLE End-User may install the software, documentation and other information on a local hard disk or other local storage device;
install the software, documentation and other information on a file server for exclusive use by that SINGLE End-User on a local area network
of limited scope only for the purposes of (i) permanent installation onto local hard disks or other local storage
devices or (ii) SINGLE use of the software, documentation and other information over such local area network of limited
scope; and make backup copies of the software, documentation and other information for limited internal use only by the licensed SINGLE End-User.
- Except as provided above for making backup copies, the SINGLE End-User may NOT make nor distribute any copies of aforesaid software,
documentation and other information, which are deemed to be the valuable intellectual property of Videomail, Inc., its successor(s) and assign(s) in perpetuity.
- The SINGLE End-User may use software, documentation and other information supplied with Videomail, Inc.'s product(s) or downloaded
from Videomail, Inc.'s web-site(s) ONLY WITH products purchased by that SINGLE End-User from Videomail, Inc. The SINGLE End-User is hereby expressly FORBIDDEN from using aforesaid software, documentation and other information with products not purchased by that SINGLE End-User from Videomail, Inc., regardless of the compatibility or incompatibility between aforesaid software, documentation and other information and products not purchased
by that SINGLE End-User from Videomail, Inc.
- Copyright and Trademark Rights.
The software, documentation and other information supplied with Videomail, Inc.'s product(s)
or downloaded from Videomail, Inc.'s web-site(s) is valuable property owned by Videomail, Inc. and/or licensed from its supplier(s), and all the tangible and intangible information contained and embodied therein, including but not limited to its content, architecture, structure, organization, optimization, function, implementation, calibration and
code are the valuable trade secrets of Videomail, Inc. and/or its supplier(s). Aforesaid software, documentation and other information
is protected by United States Trademark and Copyright Law and International Treaty provisions. The SINGLE End-User may use trademarks only insofar as
required to comply with Section 1 of this License Agreement, and only in accordance with accepted trademark practice, including conspicuous and notorious identification of trademark owner's name, whether registered or unregistered. Such permitted use of any trademark(s) does not grant the SINGLE End-User any rights of ownership in said trademark(s). Without any exceptions, this License Agreement does not grant any End-User any intellectual property ownership rights whatsoever in Videomail, Inc.'s products, services and/or proprietary intellectual property or in the software, documentation and other information supplied with Videomail, Inc.'s product(s) or downloaded from Videomail, Inc.'s web-site(s).
- Restrictions.
The SINGLE End-User must agree NOT TO modify, edit, alter, adapt, translate, reverse-engineer, de-compile, de-capsulate, disassemble or otherwise attempt by any means whatsoever, including but not limited to acoustic, ultrasonic, X-ray, E-beam, particle beam, optical, electron and/or atomic force microscopy(EM/AFM), to discover the content, architecture, structure, organization, memory and programmed instructions, calibration and other data and meta-data including, but not limited to, analog, digital, acoustic, optical, spectral, power, RF and programmable logic PLD, CPLD or FPGA circuitry or functionality, RAM, ROM and PROM data and fuse-maps, electrical and electronic circuitry, neural network graphs and weights, mechanical, opto-mechanical, thermal, bracket and chassis design, PCB circuit-board and mask-work placement, routing and layout, device packaging and testing, EMI and emission interference safeguards and safety features of Videomail, Inc.'s products, services and/or proprietary intellectual property, as well as source code and binary code of the software, documentation and other information supplied with Videomail, Inc.'s product(s)
or downloaded from Videomail, Inc.'s web-site(s).
- No Warranty.
The software, documentation and other information supplied with Videomail, Inc.'s product(s) or downloaded
from Videomail, Inc.'s web-site(s) is delivered to the SINGLE End-User "AS IS". Videomail, Inc. makes no warranty or claims pertaining to its functionality, usability, quality or performance. VIDEOMAIL, INC. AND ITS SUPPLIER(S) DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS ANY END-USER MAY OR MAY NOT OBTAIN BY USING THE SOFTWARE,
DOCUMENTATION AND OTHER INFORMATION SUPPLIED WITH VIDEOMAIL, INC.'S PRODUCT(S) OR DOWNLOADED FROM VIDEOMAIL, INC.'S WEB-SITE(S).
VIDEOMAIL, INC. AND ITS SUPPLIER(S) MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN END-USERS' APPLICATION(S),
MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE IN REGARD TO THE SOFTWARE, DOCUMENTATION AND OTHER INFORMATION
SUPPLIED WITH VIDEOMAIL, INC.'S PRODUCT(S) OR DOWNLOADED FROM VIDEOMAIL, INC.'S WEB-SITE(S). IN NO EVENT SHALL VIDEOMAIL, INC. OR ITS SUPPLIER(S)
BE LIABLE TO ANY END-USER, THEIR AGENT(S), SUCCESSOR(S), OR ASSIGN(S), FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR COMMISSIONS, LOST ASSETS OR PROPERTY, LOST INCOME OR LOST DATA, DIRECT OR INDIRECT DAMAGE TO EQUIPMENT OR TANGIBLE OR INTANGIBLE PROPERTY OR GOODWILL, OR FOR ANY CLAIM BY ANY THIRD-PARTY WHATSOEVER.
- Governing Law and General Provisions.
This License Agreement shall be governed by the laws of the State of California, U.S.A.,
excluding the application of its conflicts of law rules. This License Agreement will not be governed by the United Nations
Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly EXCLUDED.
If any part of this License Agreement is found by a competent authority to be void and unenforceable, that shall not affect the validity of the remainder of
this License Agreement, which shall remain valid and legally enforceable in perpetuity according to its terms. This License Agreement shall automatically terminate upon failure by any End-User to comply with any or all of its terms, at which time that End-User is legally required to immediately refrain from using any and all of Videomail, Inc.'s products, services and/or proprietary intellectual property as well as software, documentation and other information supplied with Videomail, Inc.'s product(s) or downloaded from Videomail, Inc.'s web-site(s) and to immediately destroy all copies thereof in that End-User's direct or indirect possession, including any and all backup copies. This License Agreement, in its entirety, is unconditionally and perpetually binding upon each End-User, and their agent(s), successor(s), and assign(s), and may only be modified in writing when duly signed and dated by an authorized officer of Videomail, Inc.