Terms of Use

Last Updated: March 22, 2013

This Terms of Use webpage sets forth the terms and conditions for use of the Varigence.com website on which it appears (the “Site”), including the Varigence.com Online Store and Forums, and all other services and information provided on the Site by Varigence®, Inc. (“Varigence”).

By using the Site, you (the “User”) agree to comply with the terms and conditions set forth or identified below, all of which shall constitute a binding agreement between you and Varigence (the “Agreement”). If you do not agree to these terms and conditions, you do not have permission to use the Site or any of the services or other content appearing on the Site (the Site Content”) and must immediately cease all usage of this Site. Varigence reserves the right, at any time, to modify these terms and conditions without prior notice. Such modifications shall constitute an amendment of the Agreement and shall become effective immediately upon being posted on the Site. When we post such amendments, we will also revise the “updated” date at the top of this Agreement. Your continued use of the Sites after each amendment is posted constitutes an acknowledgement and acceptance of the amendment.

1. Description of Site Content

The Site Content provided under this Agreement includes 1) providing a forum through which users may access and share business intelligence resources to complement and enhance their usage of the Varigence software, 2) providing an online store in which a user can purchase licenses to Varigence software and 3) various other information, communications, links and content that Varigence believes to be of interest and value to licensees and other visitors.

Varigence will endeavor to make the Site Content user-friendly and accessible for all visitors, but Varigence assumes no responsibility for User’s connectivity to the Site, compatibility of the Site and the Site Content or any software obtained by using the Site with User’s equipment and software, the implementation of any software solutions or the accuracy of any information which User identifies, develops or acquires by using the Site.

2. Use of Site

User will not use the Site or Site Content in any way that violates applicable law, the rights of third parties, these Terms of Use, or any license agreement or other terms imposed as a lawful condition of using any particular Site Content. Without limiting the foregoing, User expressly agrees that:

a) User is over 18 years of age, and will not allow persons under the age of 18 to use the Site;

b) User will not submit false or misleading, defamatory, obscene, offensive, or otherwise inappropriate text, images or other information to the Site, or use the Site to knowingly spread or direct others to such information;

c) User will not use the Site Content in any way that could damage or interfere with the performance of Site Content, or the equipment or systems of Varigence or other Site users;

d) User will not attempt to defeat access controls or limitations to access; copy or change source code or otherwise access, copy or use information through any means not intentionally made available through the Site;

e) User will not use the Site to automatically or otherwise harvest e-mail addresses or other information about others; or to disseminate advertisements, mass communications or other unsolicited communications unrelated to the purpose for which the Site is intended;

f) User will not upload any materials or connections to any materials containing or including viruses or other features likely to corrupt, copy, delete, or interfere with the operation of any Site Content or the systems or hardware of any party;

g) User will not upload any materials or connections to any materials that violate any copyright, patent, trademark or other intellectual property rights of any party;

h) User will not falsify, delete or omit any legal notices such as intellectual property ownership or registration information appearing on or in connection with any material accessed, used or copy from the Site;

i) User will not violate the trademark, copyright or patent rights appertaining to any Site Content or use Site Content in any manner that violates the rights of others.

j) Users will not upload any content to the site that violates any trademarks, copyrights, patents or any other intellectual property rights without the expressed written consent of both the owner of uploaded content and a corporate officer of Varigence

k) Varigence will have the right, but no obligation, to delete materials placed on the Site by Users, terminate or deny access to the Site, or take any measures that Varigence may deem, in its sole discretion, to be appropriate regarding access to and use of the Site.

3. Modifications and Interruption to Site Content

Varigence reserves the right to modify or discontinue the Site or any Site Content with or without notice. Varigence shall not be liable to User or any third party by reason of any such modification of discontinuance. User hereby acknowledges and accepts that Varigence does not guarantee continuous, uninterrupted or secure access to the Site or the Site Content, or that operation of the Site will not be interfered with or adversely affected by factors or circumstances within or outside of its control.

4. Third-Party Sites

The Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. User acknowledges and agrees that Varigence is not responsible for the availability of, or the content located on or through, any third-party sites. Use of those third-party sites is subject to the terms of use and privacy policies of the individual site, and Varigence assumes no responsibility regarding them. Varigence encourages all users to review the terms of use and privacy policies of each third party cite they choose to use or visit. Any concerns regarding such links or the content located on such sites should be directed to the site administrator or webmaster for the site in question.

5. Disclaimer of All Warranties

The Site is provided by Varigence strictly on an “as is” and “as available” basis. Varigence shall have no liability for any problems encountered by User or interruptions in the use of this Website. To the fullest extent permitted by applicable law, Varigence disclaims all representations and warranties of any kind, express or implied, including, without limitation, any warranties regarding the use of the Site or the results of using the Site Content with respect to correctness, accuracy, reliability, availability, compatibility, or the effects of accessing the Site or using the Site Content on User’s systems, records, data, software, internet connections or computers, modems and other equipment, or otherwise. Varigence further disclaims all warranties with regard to the Site Content or use of any software or other information or data acquired or developed as a result of using the Site Content, including, without limitation, the non-infringement of intellectual property rights and any implied warranties of merchantability or fitness for a particular purpose. Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.

6. Limitation of Liability

VARIGENCE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER BASED ON THE ACCESS OR USE OF THE SITE OR THE SITE CONTENT, AND IN PARTICULAR VARIGENCE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE, THE SITE CONTENT OR ANY SOFTWARE OR OTHER INFORMATION OBTAINED AS A RESULT OF THEIR USE, REGARLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, STRICT LIABILITY, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF VARIGENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE TO YOU.

7. Indemnification

User agrees to indemnify and hold Varigence, its parents, subsidiaries, affiliates, officers, employees, and agents harmless from any liability, including reasonable attorneys’ fees and other costs incurred as a result of or in connection with their opposition to any claim or demand made by User or any third party to the extent that said claim or demand is based on User’s accessing or using the Site and/or Site Content, the violation of this Agreement by User, or infringement of any intellectual property rights by User, or any other party accessing the Site in User’s name or through the use of User’s computer or internet accounts by reason of their alleged use or infringement of any intellectual property or any other right of any person or entity.

8. Disclaimer Regarding Accuracy of Third Party Content

Certain areas of the Site are designed to permit users to share content and information related to Varigence Software applications and programming solutions. In these areas of the Site product specifications and other information may have either been provided by third parties or collected from publicly available sources. While Varigence makes every effort to ensure that the information on this website is accurate, it can make no representations or warranties as to the accuracy or reliability of any information provided on the Site by any party other than Varigence. Varigence makes no warranties or representations whatsoever with regard to any content provided or offered by any user or other third party. User acknowledges and agrees that any reliance on warranties and representations and warranties regarding such content is between User and the party offering the warranty or representation. Such reliance is otherwise entirely at User’s risk.

9. Governing Jurisdiction of the Courts of South Carolina

The Site is operated and provided in the State of South Carolina, USA. As such, it is subject to the laws of the State of South Carolina and the federal laws of the United States of America. Any and all disputes regarding the use of the Site, the Site Content and/or the interpretation or application of the Agreement shall be determined under the laws of the State of South Carolina. The state and federal courts of Greenville County, South Carolina shall have exclusive jurisdiction and venue with respect to any disputes regarding the interpretation or application of this Agreement, without giving effect to any choice of law rules. User shall have sole responsibility for assuring compliance with the laws of any other jurisdiction, and refraining from any use of the Site or Site Content if the laws of another state will be applicable and violated as a result of such use.

10. Compliance with Laws

User assumes responsibility for obtaining knowledge of all laws applicable to its use of the Site and Site Content and is responsible for compliance with any such laws. User may not use the Site or Site Content in any way that violates any applicable laws, regulations or other legal or equitable requirements of any municipality, county, state, country or other governmental jurisdiction, or any treaty or international law existing between or among the same. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

11. Copyright Ownership and Content Licenses

All content included or made available by Varigence on the Site, including site design, text, graphics, interfaces, and the selection and arrangements thereof (“Varigence Content”) is the property of Varigence, Inc. and/or third parties licensors of Varigence. Varigence claims copyright protection for said content under the copyright laws of the United States of America, with all rights reserved. Any use of Varigence Content, including reproduction , modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Varigence is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy the Site’s web pages or the content contained therein without prior written permission of an authorized officer of Varigence. User grants an unlimited non-exclusive royalty-free license to Varigence to all content it posts on the Site (“User Submitted Content”). All other Site users shall have a non-exclusive royalty free license for use of all User Submitted Content under the terms of the Creative Commons Attribution 3.0 Unported (CC BY 3.0) license (http://creativecommons.org/licenses/by/3.0/).

12. Trademark Rights

Varigence®, Biml®, BimlScript™, Mist® and Vivid® are proprietary marks of Varigence. These trademarks may not be used (i) in connection with any product or service that is not provided by Varigence, (ii) in any manner that is likely to cause confusion among customers, or (iii) in any manner that disparages or discredits Varigence.

All other trademarks displayed on the Site are the trademarks of their respective owners, and their appearance on the Site constitutes neither an endorsement nor a recommendation of their owners or the products or services on or in connection with which they are used. In addition, such use of trademarks or links to the web sites of users is not intended to imply, directly or indirectly, that such users endorse or have any affiliation with Varigence or its Products.

13. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Varigence designates the following individual as its agent for receipt of notifications of claimed copyright infringement: Name: Steven Currie Address: Varigence, Inc., PO Box 27216, Greenville, SC 29616 Phone Number: 1-800-477-5260 (in the United States) E-mail Address: support@varigence.com.

14. Termination, Blocking, and Redirection

Varigence reserves the right, at its sole discretion, to terminate or block any accounts for any reason. For example, if Varigence learns or receives notice pursuant to 17 U.S.C. Section 512 (c) (3) that any user posted content is obscene, offensive, or in violation of another party’s copyright, Varigence will remove or disable access to that content unless and until it receives a counter notification pursuant 17 U.S.C. Section 512 (g) disputing the violation, and the party that notified Varigence of the alleged violation fails to obtain a court order within the time specified in said statute. Furthermore, Varigence reserves the right to terminate and/or block activity from any hostname, IP address, or range of IP addresses. Varigence further reserves the right to redirect any account, hostname, IP address or range of IP addresses to any other destination at its sole discretion.

15. Other Terms

If any provision of the Agreement shall be unlawful, void or unenforceable for any reason, the remaining provisions (and any partially-enforceable provisions) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent without frustrating the overall purpose of the Agreement. The Agreement and any other agreements referenced herein may be assigned by Varigence, in its sole discretion, to a third party in the event of an asset sale, merger or acquisition. The Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between Varigence and User. User consents to the use and disclosure of the personally identifiable information and other practices described in the Varigence Privacy Policy Statement appearing on the Site.