General Rules: These Terms of Use (TOU) govern your use of (including but not limited to viewing, downloading and posting to) this Website. Your use indicates your agreement to these terms. If you do not agree, please exit now.
Our Service Agreement: Any downloading of software updates, patches, or other product or service components is governed by the terms of your Service Agreement with eyeQuest Networks, Inc.
Our Other Materials: For FAQs, white papers, product and service literature, and other non-software material, you may download, print (if applicable) and use such material for individual data processing activities. However, you may not redistribute, publicly display, publicly distribute, post to your Website, remove any of our proprietary notices, modify, or otherwise deal with such materials unless you obtain specific, prior-written permission from eyeQuest™ Networks. To obtain information regarding such permission, please send email to contactus@eyequestnetworks.com.
Prohibitions: No Website content may be reproduced, modified, publicly distributed, publicly displayed, or otherwise used without specific, prior-written permission from eyeQuest Networks, except that Website content may be downloaded and/or printed for your individual use, but not sold, rented, leased, or otherwise directly or indirectly commercially exploited.
Uploaded Information: While using this Website, you agree to affirmatively analyze any uploaded information to the Web site and specifically assure that such information as uploaded does not include any malicious code or self-help code (as defined below). "Self-help code" means any back-door, time-bomb, drop-dead, time-out, lock-up, slow-down, data freezing, logic bombs, or other software routine, code, devices, techniques intended to disable, slow, prevent operation of, or otherwise interfere with or change any operation of this Website, or any computer system, software or other property automatically with the passage of time or under the prior instructi on, triggering event or control of someone other than eyeQuest Networks. "Malicious Code" means any virus, "spyware", "Trojan horse", "worm", "Easter egg", "cancelbot", "trapdoor", or other unapproved or malicious software routine, code, command, device, technique, or instruction or other contaminant intended to (i) permit unauthorized access to, detection of, modification of, or monitoring of any Website, code, system, or data; (ii) alter, supplement, disable, erase, limit, threaten, infect, assault, vandalize, defraud, disrupt, damage, disable, shut down or delete, threaten, slow or otherwise inhibit the functioning of, or otherwise harm any of the Website, code, documentation or data or any computer system, software or other property; (iii) render any data irretrievable, modified or disrupted so as to be unreliable in any regard; (iv) perform any other unauthorized action, or prevent, limit, condition, or inhibit performance of authorized actions or any function, including but not limited to its security or end user data.
Copyright Notice: All contents of this Website are Copyright © eyeQuest Networks, Inc. as inscribed on each page. All rights reserved worldwide.
Trademarks: This Website includes proprietary trademarks, design marks and service marks of eyeQuest Networks and others, which may exist in United States and/or other countries. You must obtain specific, prior-written permission before any commercial use of any of these marks. To obtain information regarding such permission and the rules for accurate use of an eyeQuest Networks mark, please send email to contactus@eyequestnetworks.com.
Links to Other Websites Disclaimers: If we provide a link to or URL for any third-party Website, then your use of that Web site is at your own risk. eyeQuest Networks does not control, monitor or endorse any such third-party Website.
General Disclaimers: EYEQUEST NETWORKS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THIS WEBSITE'S CONTENTS, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FREEDOM FROM BUGS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR TIMELINESS OR ACCURACY. IN NO EVENT WILL EYEQUEST NETWORKS BE LIABLE TO ANY PARTY REGARDING ANY WEBSITE CONTENT OR UNAVAILABILITY, INCLUDING DOWNLOADS, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Selected Language: You and eyeQuest Networks expressly wish that the TOU has been drawn up in English as used in the United States.
Export Compliance: You agree that you will not transfer any hardware, software or documentation provided by eyeQuest Networks except in strict compliance with United States export-control regulations and/or other applicable law. If we so request, you will provide us with written assurances and other export-related documents as may be required to comply with the same.
Forward-Looking Statements: Those contents of this Website that are not based on historical fact are "forward-looking" statements.
Future Revisions of these Terms: We can modify the TOU effective upon posting to this Website and without any prior notice to you. Please check the TOU (e.g., comparing the version update information) at each visit.
Miscellaneous: Our posting of any material is not a waiver of any eyeQuest Networks or third-party intellectual property or other rights. Do not submit suggestions for new product or service ideas to us. Except as may be provided for under a separate agreement between you and eyeQuest Networks, anything you post or upload to our Website becomes eyeQuest Networks' property. If any third party makes any claim against eyeQuest Networks or any affiliate relating to any alleged breach by you of the TOU or any applicable law, then you will indemnify and hold harmless eyeQuest Networks and affiliates from all related damages and costs (including court, staffing, expert, and legal costs). This TOU does not modify any service, end-user, non-disclosure, partner, or other agreement that you might have with eyeQuest Networks. This Website is hosted and all contents are posted in Atlanta, Georgia, USA. Any litigation, arbitration or mediation to enforce or interpret any of the TOU or otherwise regarding this Website must be filed and heard entirely in Atlanta, except that eyeQuest Networks may elect to act elsewhere to enforce its intellectual property or other rights as deemed necessary by eyeQuest Networks; you consent to this location by using this Website. The TOU will be governed by the internal laws of the State of Georgia, USA, without either its conflict of laws rules or the United Nations Convention on Contracts for the International Sale of Goods. If any provision of this TOU is for any reason found to be ineffective, unenforceable or illegal, such condition will not affect the validity or enforceability of any of the remaining portions hereof. No delay of eyeQuest Networks to detect, protest or remedy any breach of this TOU will constitute a waiver of any eyeQuest Networks rights or remedies. In any action to enforce this TOU the prevailing party will be entitled to costs and attorneys' fees.
Any questions regarding the TOU should be directed in email to contactus@eyequestnetworks.com.