OptiView Service License Agreement
1. Proprietary Rights. Title, ownership rights and intellectual property rights in OptiView
("The Service") shall remain in OptiView Technologies ("OptiView") and/or its
licensors, and suppliers. You ("Licensee") acknowledge that no title to the intellectual property in the
Service is transferred to you, and you will not acquire any rights to use The Service except for
the license Grant as expressly set forth herein.
The structure, organization, and underlying source code are the
valuable trade secrets of OptiView and/or its licensors and suppliers.
All content accessed through The Service is the property of the content owner,
and may be protected by applicable copyright law. This Agreement gives you no rights to such
2. Grant. Subject to payment of applicable license fees, OptiView grants you a
non-exclusive license to access The Service as a Registered User. Licensee's
access to The Service will be limited by the number and type of user licenses purchased, and the number of "tokens" purchased by the Licensee, credited
through the Referral Partner Program and granted through coupons. OptiView
will be the sole arbiter as to the usage of and accounting for tokens.
Tokens will be used in the following order: first Coupon Tokens, second Partner Tokens and third Purchased Tokens.
responsible for all use of Licensee's account and confidentiality of Licensee's password and
3. No Reverse Engineering and Other Restrictions. You agree that you will not attempt, and if
you are a corporation, you will use your best efforts to prevent your employees and contractors
from attempting to: reverse engineer, reverse compile, disassemble, modify, adapt, translate,
create derivative works, rent, lease, loan, distribute, transmit over a network, or sub-license
The Service in whole or in part.
4. Limited Warranty. OptiView warrants that for a period of one (1) year
from the date of registration, The Service, if operated as directed,
will substantially achieve the functionality described in the online
documentation. OptiView does not warrant that your use of The Service
will be error-free or uninterrupted. OptiView's sole liability for
any breach of this warranty shall be, in OptiView's sole discretion: (1)
to advise you of how to achieve substantially the same functionality as
described in the online documentation, or (2) if the above remedies are
impracticable, to refund the license fee you paid for The Service, after the
Registered User has destroyed all copies of images that had been created
by the The Service while using that account. Corrected or Repaired Service and Documentation shall be covered by this limited warranty for the period remaining
under the warranty that covered the original Service, or if longer, for thirty
(30) days after the date OptiView advised you how to operate The Service
so as to achieve the functionality described in the online documentation.
Only if you inform OptiView
of your problem with The Service during the applicable warranty period will
OptiView be obligated to honor this warranty. OptiView will use
reasonable commercial efforts to repair, advise, or refund pursuant to the
foregoing warranty within 30 days of being so notified.
While OptiView has implemented security mechanisms to protect the
user's data while on the OptiView services, these security mechanisms have inherent limitations and you must determine that The Service sufficiently meets your security requirements. OptiView shall make reasonable efforts to
protect and backup data for the Licensee on a regular basis, but OptiView
is not responsible for Licensee's data residing on OptiView's servers.
OptiView does not warrant that any browser or image viewer will display
images created by The Service now or in the future.
5. Disclaimer of Warranty. OptiView MAKES NO REPRESENTATIONS ABOUT
THE SUITABILITY OF THIS SERVICE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE OR CREATED
BY THE SERVICE FOR ANY PURPOSE. THE SERVICE IS LICENSED TO YOU ON AN "AS IS" BASIS WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND OptiView EXPRESSLY DISCLAIMS,
WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. OptiView DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION
OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED. FURTHERMORE, OptiView DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE-OR THE RESULTS OF THE USE OF-THE SERVICE OR RELATED
DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY OptiView OR A OptiView
AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED
WARRANTIES ARE LIMITED TO NINETY (90) DAYS. YOU MAY HAVE LEGAL RIGHTS WHICH VARY FROM STATE
TO STATE OR JURISDICTION TO JURISDICTION.
6. Limitation of Liability. THE MAXIMUM DAMAGES UNDER ANY TORT SHALL BE THE AMOUNT PAID BY
YOU TO OptiView. OptiView SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES
SUFFERED BY YOU OR ANY USER OF THE SERVICE INCLUDING ANY INCIDENTAL, CONSEQUENTIAL, OR
SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF OptiView
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
THIS LIMITATION SHALL NOT APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATIONS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT
APPLY TO YOU.
7. Transfer. You may not sell, license, assign, or otherwise transfer your rights under
this Agreement without the prior written consent of OptiView.
8. Termination. This Agreement will remain in effect for thirty (30) days for monthly subscriptions and one (1) year for all other subscriptions, from the date of your
last purchase, with the exception of sections 1, 3, 5, and 6, which remain in effect for five (5) years. This license is not a period service contract.
There is no rebate for early termination. A single use of The Service constitutes substantial
Subscriptions charged monthly and annually automatically renew until canceled by the subscriber using the online account management interface.
This License will terminate automatically without notice by OptiView
if you breach or fail to comply with any of the terms and conditions of
this Agreement and upon OptiView's request, you will cease accessing The
9. New Releases and Maintenance. OptiView is not responsible for the
provision of new releases, enhancements, or updates to The Service. OptiView reserves the
right to update and upgrade The Service including but not limited to user interface, features,
procedures, and documentation.
10. Tax Liability. You are responsible for paying any sales or use tax imposed at any time
whatsoever on this transaction.
11. Referral Partner Program.
A token credit of 20%
of the purchase
will be credited to your account based on referral links from your site.
Purchases during the first year of an account qualify for
the Referral Partner Program.
OptiView will be solely responsible for processing and tracking which
orders and sales qualify for the Referral Partner Program.
OptiView will use its best efforts to keep The Service operational,
and to track referred users from the Referral Partner's Web site. The Referral
Partner agrees to not hold OptiView liable for technical difficulties
which may from time to time result in temporary service and tracking interruptions.
OptiView reserves the right to reject or
disqualify any order or sale which does not conform with OptiView policies,
operating procedures, or rules.
On the first of each month, if a user's account has accumulated 200 or more partner
tokens, it will be eligible for payment at the rate of $0.10 US per token,
and an equal number of tokens will be deducted from the user's account. Payment will only be made when requested by the Referral Partner.
Payment will be made by check on the 1st of the following month. Registered
Users whose aggregate payments during a calendar year reach or exceed $600.00
will be required to submit a valid US tax form W-9 before OptiView will
make additional payments in the same calendar year.
Sites that promote illegal activities, sexually explicit material, violence,
or discrimination based on race, religion, sex, national origin, physical
disability, age, or sexual orientation may not participate in the Referral Partner
Affiliates may not promote OptiView services directly or indirectly through the use of unsolicited email, also know as SPAM. Violators will be removed from the program and lose all accumulated tokens and credits.
Referral Partners may not represent OptiView or make claims or offers on behalf of OptiView. All customers who Register through this program are
customers of OptiView.
If a purchase on which a referral credit has been paid is refunded, the referral credit will be deducted from your account. If your account has a negative
balance, you will be billed.
You may add or remove your link to The Service at any time.
You may not display the name or logos of The Service in any way
that may defame The Service name or brand. OptiView reserves
all rights in or to its service marks and service names.
Partners may use text or OptiView supplied images to create their link to
The Service as described in the Referral Partner Program guidelines posted on
The Service Web site.
OptiView reserves the right to change or terminate the Referral Partner
Program and this section of the license agreement at any time by posting a
new version on The Service Web site.
12. Coupons. OptiView will be solely responsible for processing and tracking which
orders and sales qualify for coupon usage or discounts.
OptiView reserves the right to reject or
disqualify any coupon which does not conform with OptiView policies,
operating procedures, or rules.
Protecting the privacy of our users is critical to OptiView. Personal information gathered by OptiView is used only by OptiView, and is never shared or sold to anyone without your express consent.
At times you may be asked to voluntarily provide OptiView with personal information (such as your name or email address) on this Web site. You may be prompted to do this when corresponding with us, submitting a request form, registering for support, etc. For example, when you are submitting a feedback form, we ask for your name and email address so that we can reply to any questions or comments you have.
Information that you voluntarily provide is never sold, rented, or given to any third party organization or individual without your express consent. OptiView keeps this information secure, and only for the purposes specified when you provided it to us.
Registering for an OptiView account: The username, password, and other information you provide during account registrationis used to grant you access to your OptiView Toolbox, as well as any other area on the OptiView Web site where identification is required. Once registered, we may send you periodic news, updates, and promotions of OptiView services.
The privacy of children (under 13):
OptiView asks that parents and guardians supervise their children's use of the OptiView Web site. OptiView encourages parents and guardians to spend as much time as possible with their children, educating them on how to properly use the services the World Wide Web and this Web site have to offer.
Individuals under the age of 13 should not submit personal information to OptiView without the consent of a parent or guardian.
14. General. This Agreement embraces the full and complete understanding of the parties as
to the subject matter hereof and may not be altered or modified, except by written or electronic amendment
which expressly refers to this Agreement and which is executed by the party or parties to be bound by the alteration or modification.
Further, this Agreement shall be construed and governed in accordance with the laws of the Commonwealth of
Virginia, and the United Nations Convention on the Contracts for the International Sale of
Goods. If any part of this Agreement is found void and unenforceable, it will not affect
the validity of the balance of the Agreement, which shall remain valid and enforceable according
to its terms.
You acknowledge that you have read this agreement, understand it, and agree to be bound by its
terms and conditions.