Terms and Conditions

The copyright in these pages (including without limitation all text, graphics and computer code relating thereto or associated therewith) and all other intellectual property and proprietary rights therein belong to Vistrian Communications Corporation (and or its suppliers) and all rights are reserved. Permission is given for the downloading and temporary storage of one or more of these pages for the sole purpose of viewing them on a stand-alone personal computer or monitor. Permanent copying or storage of any of these pages (or any part thereof) or the re-distribution thereof by any means is not permitted. (c) 1995—2010. Vistrian Communications Corporation. No portion of this website content may be reproduced in any form, or by any means, without prior written permission from Vistrian Communications Corporation (“Vistrian”).

1 Rules and Regulations.

The following rules and regulations apply to all visitors to or users of www.Vistrian.com (Hereinafter www.Vistrian.com or ‘this Website’). By accessing www.Vistrian.com, user acknowledges acceptance of these terms and conditions. Vistrian reserves the right to change these rules and regulations from time to time at its sole discretion. Access to and use of password protected and/or secure areas of www.Vistrian.com are restricted to authorized users only. In the case of any violation of these rules and regulations, or unauthorized individuals attempting to access these areas of the Web Site, Vistrian reserves the right to seek all remedies available by law and in equity for such violations and violators may be subject to prosecution. These rules and regulations apply to all visits to www.VISTRIAN.com both now and in the future.

2 Limited License.

If you are a Vistrian Customer Licensee, Vistrian hereby authorizes you to copy materials published by Vistrian on this Web Site solely for non-commercial use within your organization (or if you are an Vistrian Partner, your customer’s organization) directly in support of the Vistrian products. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent, trademark or copyright of Vistrian or any third party. ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON WWW.VISTRIAN.COM MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM VISTRIAN. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

3 Applicable Agreements and Compliance with Laws.

All purchases made via www.VISTRIAN.com require prior execution of the Vistrian Online Addendum. In addition, any and all purchases via www.Vistrian.com and any software offered for download on www.Vistrian.com shall be governed in accordance with (i) the license terms accompanying the file or (ii) if no license terms accompany the file, the license terms of the agreement under which you purchased the original product license which you are updating. In addition, access to, and use of, www.Vistrian.com is governed by all applicable federal, state and local laws. All information available on the Web Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.

4 Materials available on this website

Any software, documentation and materials made available for download from www.Vistrian.com (“Materials”) are the copyrighted work of Vistrian and/or its suppliers. Use of the Materials is governed by the terms of the applicable license agreement, if any, which accompanies or is included with the Materials (“License Agreement”). A user will be unable to install Materials that are accompanied by or include a License Agreement, unless he or she first agrees to the License Agreement terms. IF YOU DO NOT WISH TO BE BOUND BY THE LICENSE TERMS, PLEASE DO NOT DOWNLOAD OR ACCESS THE MATERIALS. The Materials are licensed, not sold and are made available for download solely for use by licensees according to the License Agreement. Any reproduction or redistribution of the Materials not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the materials to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such materials. The materials are warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, Vistrian hereby disclaims all warranties and conditions with regard to the materials, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. Although Vistrian reasonable measures to prevent the spread of computer viruses, all downloads by you are at your own risk. Users are cautioned to use virus protection software when downloading files off this or any other website.

5 Trademarks

The trademarks, logos and service marks (“Marks”) displayed on www.Vistrian.com are the property of Vistrian Corporation, or other third parties. Users are not permitted to use these Marks without the prior written consent of Vistrian or such third party which may own the Mark. Vistrian and the Vistrian Logo, are trademarks of Vistrian Corporation in the United States, other countries, or both. All other names used are the trademarks of their respective owners.

6 General Disclaimer

Although Vistrian has attempted to provide accurate information on the Web Site, Vistrian assumes no responsibility for the accuracy of the information. Vistrian may change the programs or products mentioned here at any time, without notice. References to Non-Vistrian products, i.e., those not directly sold by Vistrian on www.Vistrian.com are for information purposes only and constitute neither an endorsement nor a recommendation. All information provided on www.vistrian.com is provided “as is” with all faults without warranty of any kind, either expressed or implied. Vistrian and its suppliers disclaim all warranties, expressed or implied including, without limitation, those of merchantability, fitness for a particular purpose and noninfringement or arising from a course of dealing, usage, or trade practice. Vistrian and its suppliers shall not be liable for any indirect, special, consequential, or incidental damage including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this site or any Vistrian product, damages resulting from use of or reliance on the information present, even if Vistrian or its suppliers have been advised of the possibility of such damage.

7 Unsolicited idea submission policy

Neither Vistrian nor any of its employees accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Accordingly, please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Vistrian’s products or marketing strategies might seem similar to ideas submitted to Vistrian. So, please do not send your unsolicited ideas to Vistrian or anyone at Vistrian. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Vistrian makes no assurances that your ideas and materials will be treated as confidential or proprietary.

8 Products and Services Availability

Because international information is provided at www.Vistrian.com, not all products or programs mentioned will be available in your country. Please contact Vistrian Sales Administration at sales@Vistrian.com for information as to availability of specific products and services in your country.

9 Links to Third Party Sites.

www.Vistrian.com may contain links to third party sites. Access to any other Internet site linked to www.Vistrian.com is at the user’s own risk and Vistrian is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Vistrian provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.