| TERMS OF USE |
| This statement covers the terms of use for all
users of this Site. The Site is owned and operated by EYECO, Ltd.
("EYECO"). All of the contents, including text, images,
product descriptions, illustrations, design, software files and audio
and video materials ("Materials"), contained in this Site are
provided by EYECO subject to your compliance with the terms and
conditions set forth below. If you do not agree to the terms and
provisions of this Legal Notice, you should not use the Site or download
Materials from the Site. |
| Ownership
of Materials |
|
The Site and its Materials are owned by EYECO and
are copyrighted. You may not distribute, modify, reproduce or use any
Materials, in whole or in part, without the prior written consent of
EYECO, except that you may download Materials for your non-commercial,
personal use only, provided you keep intact all copyright and other
proprietary notices. |
| Trademark
Information |
|
EYECO and the EYECO logo are registered
trademarks (the "Trademarks"). Any questions concerning
Trademarks should be referred to EYECO through the webmaster.
Nothing contained on the Site should be construed
as granting, by implication, estoppel or otherwise, any license or right
to use any Trademarks displayed on this Site without the written consent
of EYECO. The absence of a product or service name or logo anywhere in
the text of this Site does not constitute a waiver of any trademark or
other intellectual property rights concerning that name or logo. All
other products and brand names are trademarks and/or registered
trademarks of their respective companies. |
| Download |
|
In the event you download software from the Site,
the software, including any files, images incorporated in or generated
by the software, and data accompanying the software (collectively, the
"Software") are licensed to you by EYECO. Use of the Software
is subject to the license terms in the Software License Agreement that
accompanies the Software. EYECO does not transfer title to the Software
to you. You own the medium on which the Software is recorded, but EYECO
retains full and complete title to the Software, and all intellectual
property rights therein. You may not redistribute, sell, decompile,
reverse engineer, disassemble, or otherwise reduce the Software to a
human-readable form. |
| Third
Party Companies and Products |
|
Mention of third party products, companies, and
web sites on this Site is for informational purposes only and
constitutes neither an endorsement nor a recommendation. EYECO makes no
representations regarding the quality, safety or suitability of any
products by third party companies. All third party products must be
ordered directly from the vendor and all licenses and warranties, if
any, are made between you and the vendor. Links to third party web sites
are provided solely as a convenience to you. EYECO has no control over
the contents of any other web site and makes no representation
whatsoever regarding the content of any other web site. When you use
these links, you will leave this Site. EYECO does not endorse or have
any responsibility for the content, information, products on the site or
for materials and information contained in any third party web site. |
| Feedback
and Information |
|
Any feedback you provide at this Site, by
electronic mail or otherwise, including data, questions, comments,
suggestions or the like shall be deemed to be non-confidential and
non-proprietary. EYECO and its affiliates shall be free to use such
information for any purpose on an unrestricted basis. |
| Disclaimer |
|
THE SITE AND ITS MATERIALS ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EYECO DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. EYECO does not warrant
the accuracy and completeness of the Materials or services provided at
this Site. EYECO also does not warrant that any functions of the Site
will be uninterrupted or error-free, that defects will be corrected, or
that the Site or the server that makes it available is free from viruses
or other harmful components. Some jurisdictions may not allow the
exclusion of an implied warranty so some of the above exclusions may not
apply to you in all circumstances. |
| Limitation
of Liability |
|
IN NO EVENT WILL EYECO OR ITS AFFILIATES ASSUME
ANY RESPONSIBILITY FOR ANY DAMAGES THAT RESULT FROM YOUR ACCESS TO, USE
OF, OR INABILITY TO USE, THIS SITE, OR FROM YOUR DOWNLOADING OF ANY
MATERIALS FROM THE SITE, EVEN IF EYECO OR ITS AUTHORIZED REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR USE OF THE
SITE IS AT YOUR RISK. NEITHER EYECO NOR ITS AFFILIATES SHALL BE LIABLE
FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES
ARISING OUT OR YOUR ACCESS TO, OR USE OF, THE SITE. Some jurisdictions
may not allow a limitation or exclusion on damages, so the above may not
apply in all circumstances. In no event shall EYECO 's total liability
to you for all damages, losses, and causes of action (whether in
contract, tort (including but not limited to negligence) or otherwise)
exceed the amount paid by you, if any, for accessing this Site. |
| Jurisdictional
Issues |
|
Unless otherwise specified, the materials in the
Site are presented solely for the purpose of promoting products and
providing support to customers in the United States. This Site is
controlled and operated by EYECO from its offices within the State of
Arizona, United States of America. EYECO makes no representation that
materials in the Site are appropriate or available for use in other
locations. Those who choose to access this Site from other locations do
so on their own initiative and are responsible for compliance with local
laws, including without limitations U.S. export laws and regulations. By
downloading or using the Software, you represent and warrant that you
are not located in, under the control of, or a national or resident of
any such country on any such U.S. export prohibition list. |
| Miscellaneous |
|
The terms herein shall be governed by and
construed in accordance with the laws of the State of Arizona, exclusive
of its choice of law rules. In the event that any of the provisions
herein are held by a court or other tribunal of competent jurisdiction
to be unenforceable, such provision shall be limited or eliminated to
the minimum extent necessary so that these terms shall otherwise remain
in full force and effect. Prices, product descriptions and illustrations
in this Site are subject to change without notice. Inventory of some
items is limited to supply on hand. |
| Update
of Terms and Conditions Herein |
|
EYECO may from time to time revise these Terms
and Conditions by updating this posting. Please visit this page
periodically to review the current Terms and Conditions because they are
binding on you. Your continued use of the Site will mean you accept any
changes. |
|
Copyright© 2004 - 2005 EYECO, Ltd.
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