TERMS AND CONDITIONS OF USE FOR ALL VISION FORECASTING SOFTWARE

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS ALONG WITH ANY ACCOMPANYING DOCUMENTATION BEFORE USING THE SOFTWARE (THE SOFTWARE AND ITS DOCUMENTATION WILL BE REFERRED TO HEREIN AS THE "SOFTWARE"). THIS DOCUMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU ("THE USER") AND VISION FORECASTING.

USE OF THE SOFTWARE MEANS THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN VISION FORECASTING IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, AND YOU SHOULD NOT USE THE SOFTWARE - EVALUATION VERSION OR OTHERWISE. BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED AND MAY NOT USE THE SOFTWARE.

1. EVALUATION SOFTWARE. WHERE THE SOFTWARE IS PROVIDED IN AN EVALUATION VERSION THE USER MAY USE THIS VERSION IN A NON-COMMERCIAL SITUATION TO EVALUATE THE PRODUCT. USE OF THE SOFTWARE IN A LIVE RETAIL SITUATION WITHOUT PURCHASING THE APPROPRIATE SOFTWARE LICENSE IS NOT PERMITTED UNDER ANY CIRCUMSTANCES.



2. SINGLE COPY SOFTWARE LICENSE. THE SOFTWARE IS COPYRIGHTED AND PROTECTED BY LAW AND INTERNATIONAL TREATY. PURCHASE OF THE SOFTWARE IS PURCHASE OF A LICENSE, NOT A TRANSFER OF TITLE, AND YOU MAY NOT, NOR PERMIT ANYONE ELSE TO, (A) MODIFY THE SOFTWARE OR USE IT FOR ANY COMMERCIAL PURPOSE INCLUDING SALE OR RENTAL; (B) DECOMPILE, REVERSE ENGINEER, OR DISASSEMBLE, MODIFY, OR CREATE DERIVATIVE WORKS BASED ON THE SOFTWARE OR THE DOCUMENTATION IN WHOLE OR IN PART; (C) REMOVE ANY COPYRIGHT OR OTHER VISION FORECASTING OR PROGRAM PROPRIETARY NOTICES; OR (D) TRANSFER THE SOFTWARE TO ANOTHER PERSON. YOU AGREE TO PREVENT ANY COPYING OR UNLICENSED USE OF THE SOFTWARE. VISION FORECASTING RESERVES THE RIGHT TO TAKE WHATEVER ACTION NECESSARY TO PREVENT UNAUTHORIZED USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO DEACTIVATION OF SOFTWARE WHICH IS UNLICENSED OR INCORRECTLY LICENSED.



3. OWNERSHIP. THE SOFTWARE IS COPYRIGHTED PROPRIETARY MATERIAL OF VISION FORECASTING AND MAY NOT BE COPIED, REPRODUCED, MODIFIED, PUBLISHED, UPLOADED, POSTED, TRANSMITTED, OR DISTRIBUTED IN ANY WAY, WITHOUT VISION FORECASTING'S PRIOR WRITTEN PERMISSION. ALL SOURCE CODE AND THE ALGORITHMS CONTAINED WITHIN ARE THE PROPERTY OF VISION FORECASTING.



4. DISCLAIMER OF WARRANTY AND LIMITATION ON DAMAGES. IN NO EVENT SHALL VISION FORECASTING NOR ANY PERSON ASSOCIATED WITH THIS ENTITY BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF OR INABILITY TO USE THIS SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF VISION FORECASTING HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ABSOLUTELY NO EVENT SHALL VISION FORECASTING'S LIABILITY EXCEED THE PRICE PAID FOR THE SOFTWARE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.



5. VISION ONLINE / VIDEO VISION ONLINE. ALL SETUP COSTS AND ADVANCE SUBSCRIPTIONS PAID FOR ONLINE ARE NON-REFUNDABLE AND NON-TRANSFERABLE. A THIRD PARTY SPECIALIST WEB HOST (CHOSEN AT THE DESCRETION OF VISION FORECASTING) WILL BE USED TO HOST THE ONLINE SITE. IN NO EVENT SHALL VISION FORECASTING NOR ANY PERSON ASSOCIATED WITH THIS ENTITY BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE UNAVAILABILITY OR MALFUNCTION OF THE ONLINE SERVICE DURING ANY GIVEN PERIOD OF TIME, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR BUSINESS INTERRUPTION EVEN IF VISION FORECASTING HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ABSOLUTELY NO EVENT SHALL VISION FORECASTING?S LIABILITY EXCEED THE SUBSCRIPTION COST OF ONLINE FOR THE PERIOD THAT IT IS UNAVAILABLE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.



6. DATA COLLECTION AND USAGE. IT IS YOUR RESPONSIBILITY TO ENSURE THAT ALL DATA (INCLUDING IMAGE FILES) COLLECTED AND STORED USING THE SOFTWARE COMPLIES WITH LOCAL AND INTERNATIONAL DATA PROTECTION, COPYRIGHT AND PRIVACY LAWS. THE PROVISION OF FACILITIES FOR COLLECTING OR USING A CERTAIN PIECE OF INFORMATION DOES NOT MEAN THAT YOU DO NOT NEED PERMISSION FROM THE CUSTOMER/COPYRIGHT HOLDER TO COLLECT AND/OR USE THAT INFORMATION. YOU ARE RESPONSIBLE FOR ENSURING THAT ALL DATA IS COLLECTED, RETAINED AND USED IN A MANNER THAT CONFORMS TO THE LAWS ACTIVE IN YOUR JURISDICTION.



7. TECHNICAL SUPPORT. INCLUDED WITH THE PURCHASE OF A LICENSE FOR VIDEO VISION PLUS IS A PERIOD OF SIX MONTHS PROGRAM SUPPORT. INCLUDED WITH THE PURCHASE OF A LICENSE FOR COSTUME VISION IS A PERIOD OF SIX MONTHS PROGRAM SUPPORT. INCLUDED WITH THE PURCHASE OF A LICENSE FOR RENTAL VISION IS A PERIOD OF SIX MONTHS PROGRAM SUPPORT. INCLUDED WITH THE PURCHASE OF A LICENSE FOR LIBRARY VISION IS A PERIOD OF SIX MONTHS PROGRAM SUPPORT. INCLUDED WITH THE PURCHASE OF A LICENSE FOR VIDEO VISION LITE IS A PERIOD OF THREE MONTHS PROGRAM SUPPORT. IF NO CURRENT SUPPORT ENTITLEMENT IS HELD FOR VIDEO VISION/LIBRARY VISION/COSTUME VISION/RENTAL VISION, PURCHASE OF A LICENSE FOR AN ADD-ON MODULE INCLUDES TECHNICAL SUPPORT FOR INITIAL SETUP ONLY. ALL SUPPORT WILL BE CONDUCTED VIA EMAIL. AS EACH SUPPORT CASE IS UNIQUE, WHAT IS AND WHAT IS NOT INCLUDED WITHIN TECHNICAL SUPPORT IS AT THE SOLE DISCRETION OF VISION FORECASTING. AS A GUIDE, ITEMS SUCH AS INSTALLATION HELP, QUESTIONS REGARDING APPROPRIATE DATA FOR ENTRY IN A SPECIFIC CASE, QUESTIONS ON SOFTWARE USE, AND GENERAL TROUBLESHOOTING WILL NORMALLY BE PROVIDED, HOWEVER, SUPPORT WILL NOT USUALLY INCLUDE DATA REPAIR OR CONVERSION, HARDWARE SUPPORT, OR SOFTWARE CUSTOMIZATION. VISION FORECASTING RESERVES THE RIGHT TO WITHDRAW SUPPORT FROM ANY CUSTOMERS WHO DO NOT CONDUCT SUPPORT DISCUSSIONS IN A SUITABLY COURTEOUS MANNER.



8. DOWNLOADS. PRODUCTS THAT REQUIRE INSTALLATION ON THE USER'S COMPUTER ARE DISTRIBUTED IN ELECTRONIC FORM ONLY (VIA DOWNLOAD). DOWNLOADS ARE AVAILABLE FOR A LIMITED TIME ONLY. THE USER SHOULD ENSURE THAT BACKUP COPIES OF ANY REQUIRED INSTALLATION FILES ARE MADE TO AN APPROPRIATE EXTERNAL BACKUP MEDIA (FOR EXAMPLE CD-R) FOR USE IN THE EVENT THAT IT IS NECESSARY TO REINSTALL THE SOFTWARE IN THE FUTURE. IT IS THE USER'S RESPONSIBILITY TO MAKE THESE BACKUPS AND A CURRENT SUPPORT ENTITLEMENT WILL BE REQUIRED IN ORDER TO RECEIVE ASSISTANCE IN THE EVENT THAT REPLACEMENTS ARE REQUIRED.


THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE USER SHOULD PERIODICALLY CONSULT THE VISION FORECASTING WEBSITE AT WWW.VISION-FORECASTING.COM FOR ANY UPDATES TO THESE TERMS AND CONDITIONS OF USE.

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL OTHER COMMUNICATIONS, WRITTEN OR ORAL BETWEEN THE USER AND VISION FORECASTING.