Your use of the information and software on the website of VISTAGY, Incorporated (""VISTAGY"") located at www.vistagy.com (the ""Site"") is conditioned upon your agreement, and the agreement of your employer or any third party to whom you provide information or software obtained from the Site, to make use of the materials only in accordance with and subject to the following terms and conditions. Any software downloaded or purchased from the Site may be subject to a License Agreement which contains additional terms and conditions. In the event of a breach of any of these terms, your authorization to use the Site may terminate, and, in addition to any other remedies available to VISTAGY, you will be required to destroy any downloaded or printed proprietary materials.

DISCLAIMER OF WARRANTIES:

THE INFORMATION AND SOFTWARE MADE AVAILABLE ON THE SITE ARE PROVIDED ""AS IS"" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR NON-INFRINGEMENT. WE MAY IN THE FUTURE MODIFY, IMPROVE OR MAKE OTHER CHANGES TO THE INFORMATION AND SOFTWARE MADE AVAILABLE ON THE SITE. ALL INFORMATION AND SOFTWARE MAY INCLUDE TECHNICAL OR TYPOGRAPHICAL ERRORS AND WE WILL NOT BE RESPONSIBLE FOR ANY SUCH ERRORS.

EXCEPT AS PROVIDED IN APPLICABLE VISTAGY SOFTWARE LICENSE AGREEMENTS, THE INFORMATION AND SOFTWARE MADE AVAILABLE ON THE SITE ARE PROVIDED ""AS IS"" AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE SITE PROVIDES YOU WITH FREE ACCESS TO VALUABLE PROPRIETARY MATERIALS AND INFORMATION. IN RETURN, YOU AGREE THAT VISTAGY AND ITS SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR ACTIONS YOU TAKE IN RELIANCE ON THE INFORMATION.

WE CANNOT GUARANTEE THAT THE INFORMATION, SOFTWARE AND OTHER MATERIALS THAT ARE DELIVERED BY WAY OF THE INTERNET WILL BE ERROR FREE OR WILL NOT RESULT IN DAMAGE, DELAY, PROCESSING DELAYS OR OTHER DIFFICULTIES WITH YOUR COMPUTER SYSTEM.

WE ARE NOT LIABLE FOR ANY INFORMATION, SOFTWARE OR OTHER PRODUCTS THAT ARE DOWNLOADED BY YOU OR INSTALLED ON YOUR COMPUTER.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL VISTAGY OR ITS PARTNERS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR BUSINESS INTERRUPTION OR LOSS OF BUSINESS PROFITS OR DATA, RESULTING FROM ACCESS TO THIS SITE OR ANY SITES LINKED TO THIS SITE, OR FROM USE OF INFORMATION OR MATERIALS PRESENTED ON SUCH SITES.

PRICING AND PRODUCT INFORMATION:

Any pricing and other information about products and services contained on the Site is not an offer to provide goods or services. Any such pricing or information displayed or downloaded from the Site is not a binding commitment of VISTAGY or any of its subsidiaries or affiliates. VISTAGY may accept or reject orders at its sole discretion.

SOFTWARE LICENSES:

Our software contains valuable trade secrets and other proprietary information. Use of any software products is permitted pursuant to the applicable VISTAGY Software License Agreement. Please review the terms of the License Agreement before downloading or installing the software product. Failure to comply with the terms of the License Agreement may result in civil or criminal penalties. Any software, which VISTAGY makes available for downloading via the Site, is subject to the terms and conditions of the applicable VISTAGY Software License Agreement governing its use, reproduction and distribution. Before being permitted to download such software, you may be required to access a copy of such license, and to acknowledge your familiarity with and acceptance of the terms of such license. To the extent that the terms of a particular license conflict with the terms listed on this page, such license terms shall prevail with respect to such software.

U.S. GOVERNMENT RESTRICTED RIGHTS:

If you are an agency or other part of the U.S. Government (""Government""), the software and its associated documentation are ""commercial computer software"" and ""commercial computer software documentation"", respectively, as those terms are used in Section 12.212 of the Federal Acquisition Regulations (""FAR"") or in Section 227.7202-3 of the Defense Federal Acquisition Regulation Supplement (""DFAR""). Software is licensed hereunder to the Government pursuant to Section 12.212 of the FAR or Section 227.7202-3 of the DFAR, as applicable, with only those rights as are granted to all other licensees pursuant to the terms and conditions of VISTAGY's then current standard software license agreement. Contractor is VISTAGY, Inc., 200 Fifth Avenue, 5th Floor, Waltham, Massachusetts 02451 U.S.A.

EXPORT CONTROL:

You may not download or otherwise export or re-export any information, materials or software except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, you may not download or otherwise export or re-export any information, materials or software (a) into (or to a national or resident of) Cuba, Serbia, Sudan, Iraq, Libya, North Korea, Iran or Syria or (b) to anyone on the US Treasury Department's List of Specially Designated Nationals or the US Department of Commerce's Denied Persons List. By downloading the information, materials or software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under control of, or a national or resident of any such country or on any such list.

APPLICABLE LAW:

The vistagy.com site has been created by and is administered by VISTAGY, Incorporated in the Commonwealth of Massachusetts, USA. If you choose to access this site from outside the United States, you are responsible for compliance with applicable local laws. Documents provided in any language other than English are provided for convenience only. You agree that the substantive laws of the Commonwealth of Massachusetts will apply to and govern all matters arising out of or in connection with your use of the vistagy.com site. All such disputes will be litigated exclusively in a federal or state court located in the Commonwealth of Massachusetts, and you waive the provisions of any law or regulation that might provide for an alternative law or jurisdiction.

RESTRICTIONS ON USE:

The materials presented on this Site are copyrighted works of VISTAGY or others. Except for software covered by a separate license agreement, or for materials bearing the copyright notice of a party other than VISTAGY, you are permitted to download and use these materials solely for personal, noncommercial purposes. You must retain in any copies the VISTAGY copyright notice and other proprietary notices contained in the materials. You may not copy, modify, republish or distribute these materials or post them on any network computer or broadcast them in any media without the express written permission of VISTAGY. For materials bearing the copyright notice of a party other than VISTAGY, you are responsible for obtaining the permission of the copyright owner before making any use of such materials.

You may not post to or from this Site any illegal, threatening, obscene, pornographic, harassing, defamatory, libelous or scandalous materials, or any other materials that could result in civil or criminal liability.
Because of the open and public nature of this Site, you should not have any expectations of privacy or confidentiality regarding any information or materials that you transmit to this Site. Furthermore, by transmitting any information or materials you will be deemed to have granted VISTAGY the unrestricted right to use such information or materials, and any ideas or concepts that they contain, for any purpose.

LINKS TO THIRD PARTY SITES:

The Site contains links to other web sites operated by third parties (the ""Third Party Sites""). We have no control over these Third Party Sites and expressly disclaim any liability for any content contained on such Third Party Sites. Such Third Party Sites may solicit personal information and send cookies. VISTAGY is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by VISTAGY of the site.

INFORMATION WE COLLECT:

When you use our Site, we collect certain information from you. See the Privacy Policy on the kind of information we collect. If you are asked to provide personal information in connection with enabling access to downloads or private areas of the Site, you may decline to give such information; however you will be denied access to such downloads and private areas. In consideration for the use of the Site, you agree to provide us with true, accurate and current information as requested by our registration procedures and to keep this information up to date. If you provide untrue or inaccurate information, we may refuse future use of the services on the site.

SUBMISSIONS TO THE SITE:

Any material, information or other communication transmitted or posted to this Site by you will be subject to these Terms and Conditions. Under no circumstances shall any disclosure of any idea or related materials to the Site be subject to any obligation of confidentiality or expectation of compensation. By submitting any idea to the Site you are waiving any and all rights that you might have in the idea or any related materials and are representing and warranting to VISTAGY that the idea is wholly original with you, that no one else has any rights in the idea or materials and that VISTAGY is free to implement the idea and to use the materials if it so desires, as provided or as modified by VISTAGY, without obtaining permission or license from any third party.

We take reasonable measures, including encryption, to safeguard the information you provide to us over the Internet. However, we cannot and do not guarantee that such information will not be intercepted on the Internet and decrypted. If you choose to provide information to us via the Internet, you do so solely at your own risk.

COPYRIGHT:

All web design, text, graphics, the selection and arrangement thereof, and software are the copyrighted works of VISTAGY and/or its subsidiaries, except as noted. © Copyright 2000-2006 VISTAGY, Incorporated. All rights reserved.