Legal Terms

Last update: 02/01/08

 

Please read this document carefully before accessing the content on this Web Site. Through this Web Site ("Site"), Varga Media Solutions, Inc. (Varga), provides you with a variety of resources, including technical specifications, data sheets and all kind of product information as well as other information and/or services related to the products or Varga (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Site properties, are subject to the following Terms of Use ("TOU").

 

The TOU and any additional terms posted on this Site together apply to your access to, and use of, this Site and constitute the entire agreement between Varga and you with respect to your use of this Site.

 

Acceptance

The use of this Site indicates that you accept, without limitation or qualification, this TOU and agree to be bound by all terms and conditions contained and/or referenced herein. We recommend to download and/or print out the TOU and read the provisions carefully before using this Site. You are not authorized to use this Site without acceptance of these terms and conditions. Further, these terms do not alter in any way the terms or conditions of any other agreement you may have with Varga.

 

Varga Right to change Terms/Services

Varga may add, change, remove or update any part of the TOU at any time. Any changes to this TOU or any terms posted on this Site shall be effective as soon as they are posted. Your continued access or use of this Site after any changes are posted shall be deemed your binding acceptance to those changes or amendments. You should therefore regularly check the TOU to ensure that you are aware of all Terms governing the use of this Site. The most current version of the TOU can be reviewed online by clicking on the "Legal Terms" Hyperlink located at the bottom of our Web pages. If at any time the terms are no longer acceptable to you, you should immediately cease all access to and use of this Site.

 

Varga reserves the right at any time to add, change, discontinue, remove or suspend any Services provided on this Site temporarily or permanently, without notice and without liability, at Varga’s sole discretion.

 

Use of this Site

You are not allowed to use this Site for any purpose that is unlawful or prohibited by these terms and conditions or any other agreement. You may not use the Site in a manner that could damage, disable, overburden or impair any Varga Server and/or Server of its affiliates or the network connected to these Servers. You may not attempt to gain unauthorized access to any Web Sites, other accounts, computer systems or networks connected to these Servers, through i.e. hacking, password mining or any other means.

 

This Site is published, maintained and operated by subsidiaries, affiliates and/or related entities of Varga. If you choose to access this Site, you do so on your initiative and are responsible for compliance with applicable local laws.

 

Ownership

Except as otherwise indicated all materials described or depicted on this Site, including, but not limited to, publications, information and images (collectively "Content") are protected by copyright, trademark or other property rights of Varga, and/or its affiliates or other third party licensors. Copyright and all other proprietary rights in the Content rests with Varga or its licensors. All rights not expressly granted herein are reserved.

 

Elements of the Site are protected by trademark law, unfair competition and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this Site may be copied or retransmitted unless expressly permitted by Varga.

 

You agree to comply with any additional copyright notices, information, or restriction contained in any Content and to respect the Intellectual Property Rights of third parties when using the Content made available on this Site. Neither copyright or proprietary notices, emblems nor any feature serving to identify the Content may under any circumstances be modified or removed and shall be retained on all reproductions.

 

YOU MAY NOT PUBLISH, BROADCAST, TRANSMIT, TRANSFER OR SELL, REPRODUCE, MODIFY, CREATE DERIVATIVE WORKS FROM, DECOMPILE OR DISASSEMBLE, DISTRIBUTE, PERFORM, DISPLAY OR IN ANY OTHER WAY EXPLOIT THE CONTENT, IN WHOLE OR IN PART, WITHOUT PRIOR WRITTEN CONSENT OF VARGA, EXCEPT AS EXPRESSLY PERMITTED BY THE TOU OR ANY OTHER APPLICABLE LICENSE AGREEMENT. UNAUTHORIZED USE IS PROHIBITED BY LAW, AND MAY RESULT IN SEVERE CIVIL AND CRIMINAL PENALTIES.

 

Links

This Site may contain hyperlinks or references to other Internet Sites on the World Wide Web. These links are provided for your convenience only. As soon as you use these links you leave this Site. The linked sites are not under the control of Varga and Varga has not reviewed these Sites. Thus, Varga is not responsible for the contents or for any form of transmission received from any linked Web Site or reference linked to or from this Site. Varga disclaims all warranties, expressed or implied, and accepts no responsibility for the quality, nature, accuracy, reliability or validity of any content on any linked Web Site. Links from this Site to any other Web Site do not mean that Varga approves of, endorses or recommends that Web Site.

 

Publications available on this Site

Varga provides you with product information, including but not limited to documentation, technical specifications, data sheets and any supplements hereunto and with other non-product related documents or printouts in any form (collectively "Publications"). The Publications made available to download are subject to intellectual and other property rights. Varga hereby grants the User the non-exclusive, non-transferable, revocable right to download, use and copy (i.e. electronically copy and print hard-copy excerpts) the Publications, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Publications made available on the Site is solely for use within the limits of the TOU, especially the business purpose of this Site as set out above and will not be copied or posted on any network computer, stored in a retrieval system or broadcasted in any media, (3) the use is within the limits defined by the TOU and (4) no modifications of any Publications are made.

 

The Publications made available for downloading from or through this Site can be subject to other License Agreements. These License Agreements and the rights granted thereunder will remain unaffected. The specific terms of the applicable License Agreements may be in addition to this TOU. To the extent that such specific terms are inconsistent with the TOU, they will supersede the TOU.

 

THE PUBLICATIONS PUBLISHED ON THIS SITE COULD INCLUDE TECHNICAL OR FACTUAL INACCURACIES OR TYPOGRAPHICAL ERRORS, FOR WHICH WE APPOLIGIZE, HOWEVER, WE HAVE TO DISCLAIM ANY RESPONSIBILITY IN CONNECTION THEREWITH, WHETHER UNDER CONTRACT OR UNDER TORT. VARGA AND/OR ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PUBLICATIONS AT ANY TIME.

 

Information available on this Site

For your convenience, Varga may from time to time make available as part of this Site product related Information and data as well as other information (collectively "Information"). All Information is provided for informational and business purposes as set out above only within the limits of the TOU, without any commitment and are under no circumstances to be considered as an offer for conclusion of a contract. Neither Varga and/or its affiliates nor any of its Information suppliers shall be liable for any errors or delays in posting the information, or for any actions taken in reliance thereon.

 

ALL INFORMATION IS PROVIDED ON AN "AS IS" BASIS. VARGA AND/OR ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION AVAILABLE ON THIS SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR THE FITNESS FOR A PARTICULAR PURPOSE. VARGA AND/OR ITS AFFILIATES DO NOT MAKE ANY REPRESENTATIONS WITH REGARD TO THE ACCURACY, VALIDITY AND SUFFICENCY OF THE DATA, RESULTS OR OUTPUT PROVIDED ON THIS SITE.

 

Disclaimer of Warranties and Damages

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." EXCEPT AS WARRANTED IN OTHER LICENSE AGREEMENTS, VARGA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WHATSOEVER WITH REGARD TO THE CONTENT ON THIS SITE (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO VARGA’S NEGLIGENCE, SHALL VARGA AND/OR ITS AFFILIATES, ITS OFFICERS, ITS EMPLOYESS OR OTHER THIRD PERSONS MENTIONED AT THIS SITE, BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES, INCLUDING THE LOSS OF USE, THE LOSS OF PROFITS, OR LOSS OF DATA, RELATED TO (1) THE USE OF, (2) THE INABILITY TO USE OR (3) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF VARGA OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL VARGA AND/OR ITS AFFILIATES' BE RESPONSIBLE FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE). ANY ACTION BROUGHT AGAINST VARGA PERTAINING TO OR IN CONNECTION WITH THIS SITE MUST BE COMMENCED AND NOTIFIED TO VARGA IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.

 

Indemnification

You agree to indemnify, defend and hold Varga and/or its affiliates and all of its agents, directors, employees, licensors and licensees (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the TOU or the foregoing representations, warranties and covenants. You will cooperate as fully as reasonably required in Varga’s defense of any claim. Varga and/or its affiliates reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Varga.

 

Copyright Notice

Copyright © 2006 Varga Media Solutions, Inc. All rights reserved.

 

Applicable Law/Jurisdiction

The TOU shall be governed and construed according to the laws of the State of California, without giving effect to its conflict of law provisions. By accessing and/or using this Site you acknowledge to be bound by these terms and conditions and by all applicable laws and regulations.

 

You agree that for any suit, claim, action or proceeding arising out of these terms and conditions the Superior Court of Orange County shall have the exclusive jurisdiction, provided that such exclusivity does not apply to legal actions initiated or brought by Varga and/or its affiliates.

 

Termination

This Agreement and all rights granted hereunder shall expire automatically when you cease to be employee or agent of the Company or shall no longer be deemed as Company representative for any other reason, except as prolonged by the party's mutual written consent. Both parties have the right to terminate this TOU at any time on regular notice. The User Notification shall be directed via e-mail to gen@vargainc.com.

 

Notwithstanding the TOU, Varga reserves the right, without prior notice and at its sole discretion to terminate your license to use this Site and to block or restrict future access to and use of this Site for any reason whatsoever.

 

General Provisions

If any of the provisions of the TOU shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity, legality and enforceability of any other provision. In the place of the invalid provision, a valid provision is presumed to be agreed upon by the parties, which comes closest to the one actually agreed upon; the same shall apply in case of an omission.

 

For comments about the Web Site and feedback you can contact us via e-mail at gen@vargainc.com. Technical questions can be directed to cs@vargainc.com. Other communications should be directed as indicated on the Site. Last update: 02/01/08