This Web site is provided by Larson Software Technology Inc.. ("Larson Software") and may be used for informational purposes only. BY USING THIS WEB SITE, YOU ARE INDICATING THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE POLICIES, TERMS, AND CONDITIONS SET FORTH BELOW (THIS "AGREEMENT") IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION, AS WELL AS BY ALL APPLICABLE LAWS AND REGULATIONS, AS IF YOU HAD HANDWRITTEN YOUR NAME ON A CONTRACT. IF YOU ARE DEEMED TO HAVE ORDERED THE SERVICE PROVIDED ON THIS WEB SITE, THEN LARSON SOFTWARE'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS ARE CONSIDERED AN OFFER BY LARSON SOFTWARE, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE OR DOWNLOAD MATERIALS FROM THIS SITE. If the user is not an individual, then "you" means your company, its officers, members, employees, agents, representatives, successors, and assigns.
Except as otherwise permitted in writing by Larson Software, no materials from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this site for non-commercial, personal use only. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of this site for public or commercial purposes, including any text, images, audio, or video without Larson Software's written permission. You may not mirror any material contained on this site on any other server. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Larson Software without express written consent. You may not use any meta tags or any other "hidden text" utilizing Larson Software's name or trademarks without the express written consent of Larson Software. Any unauthorized use terminates the permission or license granted by Larson Software.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the "Materials") is the property of Larson Software or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All such content is copyrighted as a collective work under the U.S. copyright laws and international treaty provisions. All software used on this site is the property of Larson Software or its software suppliers and protected by U.S. and international copyright laws. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content on the site, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site, except as specifically permitted below, is strictly prohibited. "Larson Software Technology," "Intelligent Graphics," "VizEx," "Pocket PC CGM Viewer," "CGM Plot Lite," "CGM Writer," and "CGM Studio" are trademarks of Larson Software. All other marks, names, and logos mentioned on this site are the property of their respective owners. Use of the Larson Software trademark is strictly prohibited.
Larson Software grants you a limited, non-exclusive, non-transferable personal license to access, display, and copy the Materials on this site for personal, non-commercial use only, subject to the requirements set forth in this Agreement. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. All rights not expressly granted herein are reserved.
By using this site, you represent and warrant that (i) you understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract; (ii) you will use this site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions of this Agreement; (iii) you are authorized to sign for and bind the contracting party; (iv) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from Larson Software for any purpose.
BYou expressly agree that use of this site is at your sole risk. Neither Larson Software, nor its affiliates, nor any of their officers, directors or employees, agents, third-party content providers, merchants, sponsors or licensors (collectively, "Providers"), or the like, warrant that access to this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security or currency of the Materials. The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, Larson Software does not warrant reliability of any advice, opinion, statement or other information displayed or distributed through the site. Larson Software reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this site. Larson Software may make any other changes to this site, the Materials and the products, programs, services or prices (if any) described in this site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT AND MATERIALS ON THIS SITE, ARE PROVIDED BY LARSON SOFTWARE ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS. LARSON SOFTWARE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION OR THE MATERIALS ON THIS SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. LARSON SOFTWARE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY THE MATERIALS, CONTENT OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
YOU AGREE THAT LARSON SOFTWARE AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL LARSON SOFTWARE OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER LARSON SOFTWARE OR ANY OF ITS PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Larson Software, its affiliates, agents, employees and licensors from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to your use of this site, violation of this Agreement, violation of any law or regulation or violation of any proprietary or privacy right.
Any dispute relating in any way to your use of this site shall be submitted to confidential arbitration in Houston, Texas, except that, to the extent you have in any manner violated or threatened to violate Larson Software's intellectual property rights, Larson Software may seek injunctive or other appropriate relief in any state or federal court in the State of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. All such arbitration shall be strictly confidential. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Any cause of action you may have with respect to your use of this site must be commenced within two (2) year after the claim or cause of action arises.
Without limiting its other remedies, Larson Software may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the license granted under this Agreement if you fail to comply with any term or condition of this Agreement. Upon such violation, you agree to terminate access to this site.
As a convenience to you, Larson Software may provide, on this site, links to Web sites operated by other entities (collectively, the "Linked Sites"). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled or otherwise governed by Larson Software. Larson Software does not endorse, make any representations regarding or warrant any information, goods and/or services appearing or offered on any Linked Site, Larson Software is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk.
This site is controlled, operated and administered by Larson Software from its offices within Houston, Texas, United States of America. Larson Software makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use this site or export the Materials in violation of U.S. export laws and regulations. If you access this site from locations outside of the United States, you are responsible for compliance with all local laws. This Agreement shall be governed by the laws of the State of Texas, without giving effect to its conflict of laws provisions that direct the application of the laws of a different jurisdiction. This is the case regardless of whether you reside or transact business with Larson Software in Texas or elsewhere.
This Agreement constitutes the entire agreement between Larson Software and you with respect this site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Larson Software with respect to this site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Larson Software may revise this Agreement at any time and you agree to be bound by the revised Agreement. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Larson Software does not and will not assume any obligation to notify you of changes to this Agreement. This Agreement shall supersede any prior terms or conditions included with any communications or agreement, whether or not such terms or conditions are signed by Larson Software. Larson Software reserves the right to make changes to this site and to these terms and conditions at any time. Any such modifications will become effective upon the date they are first posted to this site.
Larson Software's products and services are not intended for use by children. If you are under 18, you may use Larson Software's site only with involvement of a parent or guardian.