ImageFusion Terms Of Use

ImageFusion™ makes available for your use information, documents, software and products (collectively, the "Site Materials"), and various services, if any, operated by ImageFusion (collectively, the "Site Services") on this Web site (the "Site"), subject to the following terms and conditions set forth in this document (the "Site Terms of Use").

ACCEPTANCE OF SITE TERMS OF USE

1. By accessing or using the Site, which includes your access to, or use of, any of the Site Materials and Services, you agree to the Site Terms of Use.
2. ImageFusion reserves the right to change the Site Terms of Use periodically at its sole discretion, and your use of the Site will be subject to the most current version of the Site Terms of Use posted on the Site at the time of such use.
3. When using particular Site Materials, you shall be subject to any posted guidelines or rules applicable to such Site Materials that may contain terms and conditions in addition to those in the Site Terms of Use.
4. If you breach any of the Site Terms of Use, your authorization to use the Site automatically terminates and you must immediately destroy any Site Materials downloaded or printed from the Site.

Copyright: Limited License

1. The Site Materials on this Site, including, but not limited to, software and accompanying documentation that are made available to download, are protected by copyright and/or other intellectual property laws, and any unauthorized use of the Site Materials may violate such laws.
2. Use of the software is governed by the terms of the end user license agreement that accompanies or is included with such software. Unless you agree to the terms of such end user license agreement, you will be unable to download or install the software. If you do not agree to such terms, you will not be able to use the software.
3. Unless otherwise specified in the end user license agreement that accompanies or is included with software downloaded or registered from the Site, you may not decompile, translate, reverse engineer or attempt otherwise to discover the source code of the software available on the Site.
4. ImageFusion owns and retains the copyrights to the Site Materials, except as noted. ImageFusion does not grant you any express or implied rights to any patents, copyrights, trademarks, or trade secret information with respect to the Site Materials.
5. Except as specifically permitted herein, no portion of the Site Materials may be reproduced in any form or by any means without the prior written permission of ImageFusion.

Trademarks: Limited License

1. The ImageFusion signature (symbol with logotype), the distinctive lizard profile, MrSID®, DjVu®, and the Chromafire signature (symbol with logotype) are among the trademarks and/or service marks owned by ImageFusion, Inc. and no trademark license (either express or implied) is granted by ImageFusion except as noted herein. This list is not exhaustive, and ImageFusion may own other marks that are not included here. Omission of any registered mark or other trade - or service - mark from this list does not constitute a waiver by ImageFusion, Inc. of any intellectual property right. All other products and company names mentioned in the Site may be registered marks or other trade - or service - marks of their respective owners.
2. To the extent that the Site Materials include any tradename, trademark, or service mark owned by a third party, or likeness of or reference to an individual, you are responsible for obtaining appropriate permissions and licenses from such third party or individual for any use you make of the Site Materials, except as permitted in these Site Terms of Use.

Use of Site Information

Except as otherwise indicated elsewhere on this Site, you may view, download and print the Site Materials available on this Site subject to the following conditions:

1. The Site Materials may be used solely for personal, informational, internal, and non-commercial purposes and may not be modified or altered in any way.
2. Unless otherwise noted, the Site Materials may not be distributed.
3. Unless indicated otherwise, images located in or obtained from the Site Materials may be viewed, downloaded for personal, noncommercial use, or may be used by partners, resellers and distributors solely to demonstrate or promote ImageFusion products. Any other use of images located in or obtained from the Site including, but not limited to, unauthorized distribution, is prohibited without prior written permission from ImageFusion and/or the copyright holder of the image. Images located in or obtained from the Resource Library Materials may be viewed, downloaded and printed subject to the Resource Library Materials Terms of Use.
4. Use of trademarks and logos located in or obtained from the Site Materials may only be used by partners, resellers, distributors and customers who have a written agreement with ImageFusion and for the sole purpose to promote ImageFusion products. Any other use is strictly prohibited.
5. You may not remove any copyright or other proprietary notices contained in the Site Materials.
6. ImageFusion reserves the right to revoke your authorization to view, download and reproduce the Site Materials on this Site at any time, and any such use shall be discontinued immediately upon request from ImageFusion.
7. The rights granted to you by the Site Terms of Use constitute a limited license and not a transfer of title.
8. The rights specified above to view, download and reproduce the Site Materials available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Warranties and Disclaimers

1. Except as expressly provided otherwise in a written agreement between you and ImageFusion, all Site Materials and Services on this Site are provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, ImageFusion makes no warranty that the Site Materials and Site Services, if any, or your use of the same (i) will meet your requirements, (ii) will be uninterrupted, timely, secure, or error-free, (iii) will garner effective, accurate or reliable results, (iv) will meet your expectations, and (v) any errors in the software obtained from the Site will be corrected. Some States or Jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
2. The use of the Site Services or the downloading or other acquisition of any Site Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities. No advice or information, whether oral or written, obtained by you from ImageFusion or through or from the Site shall create any warranty not expressly stated in the Site Terms of Use.
3. The Site could include technical or other mistakes, inaccuracies or typographical errors. ImageFusion may make changes to the Site Materials and Services, including the prices and descriptions of any products listed herein, at any time without notice. The Site Materials and Services at this Site may be out of date and ImageFusion makes no commitment to update such Site Materials or Services.
4. ImageFusion assumes no responsibility for errors or omissions in the Site Materials and/or Services that are referenced by or linked to the Site. References to other corporations, their services and products, are provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
5. In no event shall ImageFusion or its suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not ImageFusion has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the Site or of any Web site referenced or linked to from the Site.
6. The Site contains links to third-party Web sites that are not under the control of ImageFusion. ImageFusion makes no representations whatsoever about any other Web site to which you may have access through the Site. When you access a non-ImageFusion Web site, you do so at your own risk and ImageFusion is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. ImageFusion provides these links merely as a convenience and their inclusion does not imply that ImageFusion endorses or accepts any responsibility for the content or uses of such Web sites.
7. This Site can be accessed from other countries around the world and may contain references to ImageFusion products, services, and programs that have not been announced in your country. These references do not imply that ImageFusion intends to announce such products, services or programs in your country.

Governing Law and Jurisdiction

1. This Site is controlled by ImageFusion from its offices within the State of Washington, United States of America. By accessing this Site, you and ImageFusion agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Washington, without regard to the conflicts of laws principles thereof. You and ImageFusion also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of the State of Washington, County of King or the United States District Court for the Western District of Washington with respect to such matters.
2. ImageFusion makes no representation that the Site Materials available on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Persons who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Export Control Laws

1. The export and re-export of ImageFusion software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to any country to which the United States embargoes goods. In addition, ImageFusion software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. By downloading a ImageFusion software product you are certifying that you are not a national of any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

Notice To Government End Users

1. Any and all ImageFusion software that is acquired by or on behalf of any unit or agency of the United States Government (a) is a trade secret of ImageFusion for all purposes of the Freedom of Information Act; (b) is provided with RESTRICTED RIGHTS in accordance with subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights Clause at 48 CFR 52.227-19; (c) is in all respects proprietary data belonging solely to ImageFusion; and (d) retains all rights reserved under the copyright laws of the United States. For units of the Department of Defense (DoD), this Software is licensed only with "Restricted Rights" as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013. Government users other than under a DoD or GSA contract are notified that use of this Software is subject to restrictions that are the same as or similar to those set forth above.

Indemnity

1. You agree to indemnify and hold ImageFusion, including, but not limited to, its affiliates, distributors, resellers, partners, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site (including, without limitation, any User Submissions), your use of the Site, your connection to the Site, your violation of the Site Terms of Use, or your violation of any rights of another person or entity.