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Visual Health Solutions Media License Agreement

PLEASE READ THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THE THIS PORTION OF VISUAL HEALTH SOLITIONS WEB SITE. BY USING THIS PORTION OF THE VISUAL HEALTH SOLUTIONS WEB SITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE WEB SITE.

1. General. The web site content, documentation and any accompanying materials (collectively the "Content") are licensed, not sold, to you by Visual Health Solutions Inc. ("VHS") for use only under the terms of this Agreement, and VHS reserves all rights not expressly granted to you. The rights granted herein are limited to VHS's and its licensors' intellectual property rights in the Visual Health Solutions Web Site and do not include any other patents or intellectual property rights. You own the media on which the Visual Health Solutions Web Site is recorded but VHS and/or VHS's licensor(s) retain ownership of the Content itself. The terms of this Agreement will govern any upgrades provided by VHS that replace and/or supplement the original Content, unless such upgrade is accompanied by a separate Agreement in which case the terms of that Agreement will govern.

Title and intellectual property rights in and to any content displayed by or accessed through the Visual Health Solutions Web Site belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This Agreement does not grant you any rights to use such content.

2. Permitted Agreement Uses and Restrictions. This Agreement allows you to download and use the Content. The Content may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. Except as and only to the extent expressly permitted in this Agreement or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Content or any part thereof. THE CONTENT IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE VISUAL HEALTH SOLUTIONS WEB SITE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

3. Transfer. You may not rent, lease, lend or sublicense the Content.

NFR (Not for Resale) Copies: Notwithstanding other sections of this Agreement, Content labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.

Academic Copies: If the Content package has an academic label or if you acquired the Content at an academic discount, you must be an Eligible Educational End User to use the Visual Health Solutions Web Site. "Eligible Educational End Users" means students, faculty, staff and administration attending and/or working at an educational institutional facility (i.e., college campus, public or private K-12 schools).

4. Consent to Use of Data. You agree that VHS and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of content updates, product support and other services to you (if any) related to the Visual Health Solutions Web Site. VHS may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

5. Termination. This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice from VHS if 1) you fail to comply with any term(s) of this Agreement or 2) your username and password expire. Upon the termination of this Agreement, you shall cease all use of the Content and destroy all copies, full or partial, of the Content. Notwithstanding, any content created from the use of our Content survives the termination in perpetuity.

6. Limited Warranty on Media. VHS warrants the media on which the Content is recorded and delivered by VHS to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original purchase. Your exclusive remedy under this Section shall be, at VHS’s option, a refund of the purchase price of the product containing the Content or replacement of the Content which is returned to VHS. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

7. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THIS PORTION OF THE VISUAL HEALTH SOLUTIONS WEB SITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND VHS AND VHS'S LICENSORS (COLLECTIVELY REFERRED TO AS "VHS" FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. VHS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE CONTENT, THAT THE FUNCTIONS CONTAINED IN THE VISUAL HEALTH SOLUTIONS WEB SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE VISUAL HEALTH SOLUTIONS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE VISUAL HEALTH SOLUTIONS WEB SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VHS OR A VHS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE CONTENT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL VHS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF VHS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall VHS's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount paid for the use of the Content. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

9. Export Control. You may not use or otherwise export or reexport the Visual Health Solutions Web Site except as authorized by United States law and the laws of the jurisdiction in which the Visual Health Solutions Web Site was obtained. In particular, but without limitation, the Visual Health Solutions Web Site may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Visual Health Solutions Web Site, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

10. Controlling Law and Severability. This Agreement will be governed by and construed in accordance with the laws of the State of Colorado, as applied to agreements entered into and to be performed entirely within Colorado between Colorado residents. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.

11. Complete Agreement; Governing Language. This Agreement constitutes the entire agreement between the parties with respect to the use of the Content licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by VHS. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.

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