VIEWPOINT MANAGER
Viewpoint Manager is a software application from Viewpoint that
provides you with the ability to manage the settings of Viewpoint
products such as the Viewpoint Toolbar and the Viewpoint Manager
itself. Such settings include, for example, controls for the process
by which Viewpoint delivers updates and upgrades to the Viewpoint
Manager and the Viewpoint Toolbar.
LICENSE AGREEMENT
This Agreement between Viewpoint Corporation, a Delaware corporation
with its principal office at 498 7th Avenue, New York, New York 10022
and you (either an individual or an entity) grants you a
non-exclusive, non-transferable license to use the Viewpoint Manager
and accompanying documentation (the "Software") and contains warranty
and liability disclaimers. If you do not agree to the terms of this
Agreement, click on the ?Cancel? button, do not install the Software
and/or remove the Software from your computer.
LICENSE
This Agreement allows you to: (a) install and use the Software on only
one computer or on only one multi-user system; (b) make one (1) copy
of the Software in machine readable form solely for backup purposes,
provided that you reproduce all copyright notices and any other
proprietary notices on the copy; and (c) physically transfer the
Software from one computer or multi-user system to another, provided
that the Software is removed from the computer or multi-user system on
which it was originally installed and is used on only one computer or
multi-user system at a time.
RESTRICTIONS
You may not modify, translate, reverse engineer, decompile, or
disassemble the Software, or otherwise reduce the Software to a
human-readable form. You may not sell, license, rent, transfer, or
grant any rights in the Software in any form to any person or entity
without the prior written consent of Viewpoint.
OWNERSHIP
This license gives you limited rights to use the Software. You do not
become an owner of the Software, and Viewpoint retains all title to
the Software and all copies thereof. All rights not specifically
granted in this Agreement, including United States and international
copyrights, are reserved by Viewpoint. Unauthorized copying of the
Software, or failure to comply with the restrictions set forth in this
Agreement, will result in automatic termination of this license and
will make available to Viewpoint all other legal remedies.
AUTOMATIC UPGRADE FEATURES
Viewpoint will occasionally provide you automatic updates, upgrades,
and add-ons (?Updates?) to the Software to improve your viewing
experience. The Software automatically communicates with the Viewpoint
component server on the internet to check for Updates, such as bug
fixes, patches, enhanced functions, missing plug-ins and missing
components. Viewpoint may download Updates during these communications
or when the Software detects a file that requires a component that is
currently not installed. You can adjust the settings of the Software
or other Viewpoint software products to cause notice to be sent to you
before Updates occur. The default setting of the Software is for
Updates to occur automatically without any advance notification to
you.
DISCLAIMER OF WARRANTIES
The Software is provided to you free of charge, and on an "AS IS"
BASIS WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. Viewpoint does not warrant that
the functions contained in the Software will meet your requirements or
that the operation of the Software will be uninterrupted or
error-free. No distributor, dealer or any other entity or person is
authorized to expand or alter either this disclaimer of warranty or
this Agreement. Any such representations will not bind Viewpoint. You
assume the entire risk as it applies to the quality and performance of
the Software. Should the Software prove defective, you (and not
Viewpoint) assume the entire cost of all necessary servicing, repair,
or correction.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU
MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND
JURISDICTION TO JURISDICTION.
LIMITATION OF REMEDIES
IN NO EVENT WILL VIEWPOINT OR ITS REPRESENTATIVES BE LIABLE FOR LOSS
OF DATA, LOST PROFITS, COST OF COVER, OR OTHER SPECIAL, INCIDENTAL,
PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES OR LOSSES ARISING FROM THE
USE OF THE SOFTWARE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY.
THIS LIMITATION SHALL APPLY EVEN IF VIEWPOINT OR ITS REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. The
limitation of warranty and limited liability set forth above are
fundamental elements of the basis of the bargain between Viewpoint and
you. You acknowledge and agree that Viewpoint would not be able to
provide the Software on an economic basis without such limitations.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU.
US GOVERNMENT RESTRICTED RIGHTS
If you are acquiring the licensed Software on behalf of any part of
the U.S. Government, the following provisions apply. The Software and
accompanying documentation (if any) are deemed to be "commercial
computer software" and "commercial computer software documentation,"
respectively, pursuant to DFAR Section 227.7202 and FAR 12.212(b), or
other comparable or more recent government law or regulation, as
applicable. Any use, modification, reproduction, release, performance,
display or disclosure of the Software and/or accompanying documents by
the U.S. Government or any of its agencies shall be governed solely by
the terms of this Agreement and shall be prohibited except to the
extent expressly permitted by the terms of this Agreement.
LANGUAGE
The parties hereto confirm that it is their wish that this Agreement,
as well as other documents relating hereto, have been and shall be
written in the English language only.
GENERAL
This Agreement is governed by the laws of the state of New York,
including its Uniform Commercial Code (except that federal law governs
copyrights and trademark(s)). You hereby consent to the exclusive
jurisdiction and venue of the courts in New York County, New York,
U.S.A. in any and all disputes arising out of or relating to this
Agreement or your use of the Software. This Agreement is the entire
agreement between Viewpoint and you and supersedes any other
communications or advertising with respect to the Software. If any
provision of this Agreement is deemed invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of
the original provision and the remainder of the Agreement shall
continue in effect.
PRIVACY
VIEWPOINT DOES NOT COLLECT ANY PERSONALLY-IDENTIFIABLE INFORMATION,
SUCH AS A USER?S NAME, PHYSICAL ADDRESS, ELECTRONIC ADDRESS, PHONE
NUMBER, OR SOCIAL SECURITY NUMBER.
Each installation of the Software is assigned a random alphanumeric
identifier generated at the time of installation. The identifier is
never connected to a user's name, email address, or other personal
contact information.
The Software is designed to check for the availability of Updates to
ensure that you have the latest product improvements and
functionality. When the Software installed on your machine checks for
the availability of Updates, the identifier, the type of operating
system using the Software, the type of browser in which the player is
operating, and the URL visited at the time are sent anonymously to
Viewpoint. Much of the data sent by the Software installed on your
machine is required only to enable a feature or service to be
performed over the Internet. All data is discarded after its intended
use is served.
Contact Us
If you have any questions about the Software, this Agreement and
privacy statement, or our website practices, please contact us at:
Viewpoint Corporation
498 7th Ave. Suite 1810
New York, NY 10018
Attn: Legal Affairs
Viewpoint and the Viewpoint logo are trademarks of Viewpoint
Corporation.
