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DISCLAIMERS VennImage is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Service provided, whether caused by Users of the Site, Members, or by any of the equipment or programming associated with or utilized in the Site or Service. VennImage is not responsible for the conduct, whether online or offline, of any User or Member of the Site or Service. VennImage assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. VennImage is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Site or combination thereof, including any injury or damage to Users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Site and/or in connection with the Service. Under no circumstances shall VennImage be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or the Service or from any Content posted on the Site or transmitted to Members, or any interactions between Users or Members of the Site or Service, whether online or offline. The Site and the Service are provided "AS-IS" and VennImage expressly disclaims any warranty of fitness for a particular purpose or non-infringement as described herein. VennIMage cannot guarantee and does not promise any specific results from use of the Site and/or the Service. For information that VennImage posts to the Site, it has attempted to ensure that such information is accurate. However, VennImage assumes, and shall have no responsibility for, the accuracy of the information on the Site. The information on this Site may include inaccuracies, such as technical errors, omissions, typographical errors, etc. VennImage makes no commitment to update the materials or information on this Site; use of this Site is at your sole risk. VennImage may change the information on this Site at any time without notice to you. LIMITATION ON LIABILITY IN NO EVENT WILL VENNIMAGE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR SERVICE, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF VENNIMAGE, LLC, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VENNIMAGE’S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SITE OR SERVICE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SITE OR SERVICE. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. U.S. EXPORT CONTROLS THIS AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA OF SITE AND SERVICE THAT MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. YOU SHALL NOT EXPORT THE SITE OR SERVICE, OR ANY INFORMATION ABOUT THE SITE OR SERVICE WITHOUT THE EXPRESS WRITTEN CONSENT OF VENNIMAGE, AND ANY EXPORT SHALL COMPLY WITH ALL OF SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS. INDEMNITY You agree to indemnify and hold VennImage, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of your use of the Site or Service or arising from any breach of this Agreement by you. SOFTWARE Any software that is made available to download from the Site or Service ("Software") is the copyrighted work of VennImage and/or its suppliers. Use of the Software is governed by the terms of the applicable end user license agreement that accompanies or is included with the Software ("License Agreement"). The Software is made available for download and use solely according to the terms of the License Agreement. Any reproduction, redistribution, or use of the Software not in accordance with the License Agreement is expressly prohibited. WITHOUT LIMITING THE FOREGOING, NOTHING IN THESE TERMS OF USE SHALL BE CONSTRUED AS PERMITTING COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION. USE AT YOUR OWN RISK ANY USE BY YOU OF THE SITE, SERVICE, OR SOFTWARE IS AT YOUR OWN RISK. UNLESS EXPRESSLY PROVIDED ELSEWHERE BY BINDING AGREEMENT, THE SITE, SERVICE, AND SOFTWARE ARE PROVIDED “AS IS” TO THE MAXIMUM EXTENT PERMITTED BY LAW, VENNIMAGE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VENNIMAGE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE, SERVICE, OR SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SITE, SERVICE, OR SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SITE, SERVICE, OR SOFTWARE WILL BE CORRECTED, OR THAT THE SITE, SERVICE, OR SOFTWARE ARE COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU. RESTRICTED RIGHTS LEGEND The Site, Service, and Software are commercial in nature and were developed solely at private expense. They are delivered as "Commercial Computer Software" as defined in DFARS 252.227-7014 (June 1995) or as a commercial item as defined in FAR 2.101(a) and as such is provided with only such rights as are provided in this Agreement, which is VennImage, LLC's standard commercial license for the Site, Service, or any Software. Any technical data is provided with limited rights only as provided in DFAR 252.227-7015 (Nov. 1995) or FAR 52.227-14 (June 1987), whichever is applicable. Contractor/Manufacturer is VennImage, LLC, P.O. Box 1506, Olney, MD 20830-1506. OTHER This Agreement shall be construed, interpreted and governed by the laws of the Commonwealth of Virginia, without regard to its conflicts of law provisions. The exclusive forum and venue for any disputes arising out of or relating to this License Agreement shall be an appropriate federal or state court located in Norfolk, Virginia, USA, and the parties hereby waive objections to such forum and venue. This License Agreement shall constitute the entire Agreement between the parties. Any waiver or modification of any term of this License Agreement shall only be effective if it is in writing and signed by both parties. The failure of either party to enforce any right granted hereunder, or to take action against the other party in the event of any breach, shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, then the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties. If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation. This Agreement is accepted upon your use of the Site and is further affirmed by you becoming a Member of the Service. Please contact us with any questions regarding this Agreement. VennImage, LLC Copyright 2006 - 2008, all rights reserved.