Purchasers of ITERATE and DOTS are welcome to share these products with any member of their institution—faculty, administration, students, research associates in the case of universities, and employees in the case of government ministries and research organizations.
We ask that you do not post any of our materials on your website such that it becomes available to non-members of your institution, or make copies that circulate outside of your institution. If you have any questions, please ask us.
You are authorized to access and use the Site and related Site Information as set forth in these TOU, provided that: (i) your use of the Site and Site Information as permitted hereunder is solely for your personal, non-commercial use; (ii) you will not copy, distribute or transfer any portion of the Site on any media without VINYARD SOFTWARE, INC.’s prior written approval; (iii) you will not alter, adapt or otherwise modify any part of the Site other than as may be reasonably necessary to use that part of the Site for its intended purpose; and (iv) you will otherwise comply in full with the terms and conditions of this TOU.
By your use of the site, you affirmatively acknowledge that you are not a national or resident of one of the embargoed countries or a party that is listed in the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals and will comply with the United States and other applicable country laws and regulations when either exporting or re-exporting or importing the e-commerce product or any underlying information or technology. Vinyard Software, Inc. does not transact with a party appearing on the annex to Executive Order 13224, issued by President Bush following the September 11, 2001 attacks, blocking transactions with certain suspected terrorist groups and persons.
This website is controlled and operated by Vinyard Software, Inc. from its offices within the United States. Vinyard Software, Inc. makes no representation that the Products or other materials accessed through this website are appropriate or available for use in other locations, and access to them from other countries where their contents are illegal is prohibited. Those who choose to access the Products or the website from other locations do so on their own volition and are responsible for compliance with applicable local laws. You may not export or re-export any Product received under this Agreement except in full compliance with all United States laws and regulations. In particular, the Products may not be exported or re-exported into (or to a national or resident of) any country to which the United States embargoes goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders). In addition, you are responsible for complying with any local laws in your country, which may impact your right to import, export or use the Product.
We post legal notices and various credits on pages of the Site, which may not be removed even on your permitted copy. You shall not remove these notices or credits, or any additional information contained along with the notices and credits. The Site may contain references to trademarks, copyrighted materials, technologies, products, processes and software and other proprietary rights of VINYARD SOFTWARE, INC. or other parties. No license to or right in any such trademarks, copyrighted materials, technologies, products, processes, software or other proprietary rights of VINYARD SOFTWARE, INC. is granted to or conferred upon you.
The Site may now or in the future permit the submission of Contributor Materials by you and other users and the hosting, sharing and/or publishing of such Contributor Materials. You agree and acknowledge that without regard to whether such Contributor Materials are published, VINYARD SOFTWARE, INC. does not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for any Contributor Materials you submit and the consequences of posting or publishing them. With respect to any Contributor Materials you submit, you affirm, represent and warrant that: (i) you own or have the necessary licenses, rights, consents or permissions to use and authorize VINYARD SOFTWARE, INC. to use all patent, copyright, trade secret and trademark rights (collectively, “Intellectual Property Rights”) or other proprietary rights to enable inclusion and use of Contributor Materials in the manner contemplated by the Site and these TOU; and (ii) you have the written consent, release and/or permission of each identifiable individual person in your Contributor Materials to use the name, likeness or other personal characteristics of each such identifiable individual to enable inclusion and use of such Contributor Materials in the manner contemplated by the Site and these TOU.
As between you and VINYARD SOFTWARE, INC., you shall retain all of your ownership rights in and to the Contributor Materials. However, by submitting Contributor Materials to VINYARD SOFTWARE, INC., you hereby grant VINYARD SOFTWARE, INC. a worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media), the Contributor Materials, in whole or in part, including future rights that VINYARD SOFTWARE, INC. (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law. You also hereby grant each user of the Site a non-exclusive license to access your Contributor Materials through the Site, and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such Contributor Materials, in whole or in part, to the extent permitted by the Site under these TOU (the “User License”). This User License granted by you will terminate as to your Contributor Material once you remove or delete the particular Contributor Material from the Site. In addition, VINYARD SOFTWARE, INC. will have the right to refuse, remove or delete any Contributor Materials which it reasonably considers to violate this TOU or to otherwise be illegal or objectionable.
With respect to Contributor Materials and the Site, you agree you will not: (i) submit Contributor Materials that are copyrighted, protected by trade secret or otherwise subject to any third party Intellectual Property Rights or proprietary rights, including any privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner of such rights to post such Contributor Materials and to grant VINYARD SOFTWARE, INC. all of the license rights and other rights granted herein; (ii) upload, post, e-mail or otherwise transmit any Contributor Materials or other Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) use the Site to harm minors in any way; (iv) impersonate any person or entity, including but not limited to, a representative of VINYARD SOFTWARE, INC., or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers, tamper with the TCP/IP packet header, or otherwise manipulate identifiers in order to disguise the origin of any Contributor Materials or other content transmitted to or through the Site; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any Contributor Material or other content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or NASDAQ, and any regulations having the force of law; and (ix) collect or store personal data about other users.
Many information products and other materials available from websites are protected by copyright. This is the case irrespective of whether the materials actually bear a copyright notice. Posting materials on the web is considered a public display implicating the exclusive copyright right to display a work publicly. Since copyright rights vest automatically in the author by operation of law from the moment of creation and fixation in tangible media, the author of the materials has a copyright in and to the materials without regard to whether copyright rights were sought and irrespective of whether the materials include a copyright notice. The prudent strategy is to assume that copyrightable subject matter found on the internet is subject to the exclusive rights of a copyright holder.
No Unlawful or Harmful Use
VINYARD SOFTWARE, INC. respects the intellectual property of others, and we ask our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users of the Site who may infringe or repeatedly infringe the copyrights or other intellectual property rights of VINYARD SOFTWARE, INC. and/or others.
You will not use the Site or any of the Site Information in any way that is unlawful or harms VINYARD SOFTWARE.com or any user of VINYARD SOFTWARE.com. You may not use the Site in any manner that could overburden, or impair any VINYARD SOFTWARE, INC. Site (or the networks or systems connected to any VINYARD SOFTWARE, INC. Site). You may not use any device, software or instrumentality to interfere with the proper working of our Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
If you are a copyright owner or an agent thereof and believe any Contributor Materials or other Site Information infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to our Designated Copyright Agent (“Designated Copyright Agent”) containing the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
VINYARD SOFTWARE, INC.’s Designated Copyright Agent to receive notifications of claimed infringement is: [Vinyard Software, Inc., Copyright Agent, 502 Wandering Woods Way, Ponte Vedra, FL 32081-0621], e-mail address: copyright@VINYARDSOFTWARE.com, telephone number: [703 615 3987]. Please send only DMCA notices to our Designated Agent. You acknowledge that if you fail to comply with all of the above requirements of this Section, your DMCA notice may not be valid.
Purchasers of ITERATE and DOTS are welcome to share these products with any member of their institution - faculty, administration, students, research associates in the case of universities, and employees in the case of government ministries and research organizations. We ask that you do not post any of our materials on your website such that it becomes available to non-members of your institution, or make copies that circulate outside of your institution. If you have any questions, please ask us.
You agree to indemnify and hold VINYARD SOFTWARE, INC. and its agents and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Contributor Materials or other content you submit, post to or transmit through the Site, your violation of these TOU, or your violation of any rights of another.
You shall not violate or attempt to violate the security of the Site. Violations of system or network security may result in civil or criminal liability. VINYARD SOFTWARE, INC. reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
No “scrapers,” or “bots” may be used on this site.
With respect to all communications you make to VINYARD SOFTWARE, INC., including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and VINYARD SOFTWARE, INC. shall have no obligation to protect your communications from disclosure; (ii) VINYARD SOFTWARE, INC. shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) VINYARD SOFTWARE, INC. shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.
Vinyard Software, Inc. does not conduct sales, accept orders, or receive payments through its Website. The receipt of a file via internet FTP or e-mail to vinyardsoftware.com is not a sales transaction and does not constitute placing an order.
Your Activities and Account
You represent that any information you post or provide to VINYARDSOFTWARE.com. by means of this Site, including, without limitation, as part of any registration, application or inquiry, is true, accurate, not misleading and offered in good faith. You are fully responsible for all of your activities relating to the Site and the Contributor Materials you post, and you shall bear all risks regarding the use of the Site and any Site Information.
You may never use another’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify VINYARD SOFTWARE, INC. of any breach of security or unauthorized use of your account.
You acknowledge and agree that VINYARDSOFTWARE.com may preserve Contributor Materials and other Site Information if required to do so by law or in the good faith belief that such preservation and disclosure is reasonably necessary to (i) comply with the legal process; (ii) enforce the TOU; (iii) respond to claims that any Site Information violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of VINYARD SOFTWARE, INC., its users and the public.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. VINYARD SOFTWARE, INC. MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS. ALL SITE INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR NONMISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. VINYARD SOFTWARE, INC. DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL VINYARD SOFTWARE, INC. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS TOU OR USE OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE.
Limited Time to Bring Your Claim
You and VINYARD SOFTWARE, INC. agree that any cause of action arising out of or related to the Site or any Site Information must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
The Site may provide, or third parties may provide, links to other websites or resources. Because VINYARD SOFTWARE, INC. has no control over such sites or resources, you acknowledge and agree that VINYARD SOFTWARE, INC. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. The link, by Vinyard Software, Inc., or a Contributor to the site, does not constitute a referral. VINYARD SOFTWARE, INC. assumes no responsibility for the content, privacy policies or practices by such third-party websites. By using this Site, you expressly waive any rights, claims or liability against VINYARD SOFTWARE, INC. from your use of any third-party website.
Contributors are asked to link only to the main page of any site, rather than use “deep linking”, “framing,” or “in-lining.” Framing is a variation of linking and may be used in various e-business applications. The practice uses frames to incorporate third-party content into a website. The user may reasonably believe that all information displayed is from the same website. Framing allows the display of the contents of two or more websites on the same web page even though the content is located on different sites. Pages from other websites can be presented as the content of the “framed” website without the casual observer being aware that the “framed” web page is from a different site. Inlining content from other websites is framing without the border around the framed content.
You agree that VINYARD SOFTWARE, INC., in its sole discretion, may terminate your use of the Site and remove and discard your Contributed Materials, for any reason. VINYARD SOFTWARE, INC. may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of these TOU may be effected without prior notice, and acknowledge and agree that VINYARD SOFTWARE, INC. may bar any further access to the Site. Further, you agree that VINYARD SOFTWARE, INC. shall not be liable to you or any third-party for any termination of access to the Site.
Right to Access
You affirm that you are over the age of 13. If you are under 13 years of age, you may not access or use the Site.
In order to provide contributor materials you must be 18 years of age. By contributing this content you are affirming that you are 18 years old or more, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms and conditions of these TOU, and comply with these TOU.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THIS WEBSITE OR UNDERMINE ITS OPERATION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE COMPANY RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH PERSON TO THE FULL EXTENT PERMITTED BY LAW, including but not limited to the Computer Fraud and Abuse Act, 18 U.S.C. §1030, and the National Information Infrastructure Protection Act of 1996, Public Law 104-294. 18 U.S.C. § 1037, the Lanham Act.
Our thanks go to our legal counsel, J. T. Westermeier of DLA Piper.