REVISED : 1 JANUARY 2011
Please read these Terms and Conditions of Use ("Terms and Conditions of Use") of the ViewRanger website (the "site") carefully. By accessing or using this site you expressly agree to accept the following terms and conditions of use. You should revisit this page from time to time as your use of the site is subject to the most current version of the terms and conditions of use posted on the site at the time of such use. If you do not agree, you may not access or use the site.
Your right to use this site
Provided that you comply with the Terms and Conditions of Use, you have the right to use this Site to (a) view various materials, including information, documents, and other content on the Site (collectively, the "Materials"), (b) access services that Augmentra Ltd may provide from time to time, such as discussion forums, educational tools and an online store (collectively, the "Services"), and (c) obtain products, such as hardware, software, educational books and videos, and promotional accessories that may be offered from time to time (collectively, the "Products"). Augmentra Ltd reserves the right to restrict, suspend or terminate your access to all or part of the Site at any time.
Ownership of materials on the site
The Materials on the Site are owned by Augmentra Ltd and its licensors and suppliers. They are copyrighted and protected by UK and international intellectual property laws, treaties and conventions. You may not copy, adapt, reverse engineer, modify, display, perform, transmit, frame, distribute, resell, commercially exploit or otherwise use the Materials in any manner whatsoever, except as expressly permitted herein, without the prior written permission of the relevant rights holder(s). You may not create a hyperlink directly to a page on the Site, other than the default, index or home page found at http://www.viewranger.com, without the prior written permission of Augmentra Ltd.
The trademarks and/or service marks of Augmentra Ltd and others used on the Site are the property of Augmentra Ltd or their respective owners. You may not use any trademark displayed on the Site without the written permission of Augmentra Ltd or the respective owner.
Your use of the Site is conditional upon your abiding by all notices of copyright, trademark and other proprietary rights appearing in the Materials. You are forbidden from removing or altering any such notices in full or in part from Materials that you print or download.
In the event that you download software products ("Software") from the Site, whether purchased or free-of-charge, Augmentra Ltd grants you a personal, non-transferable and non-assignable license pursuant to the terms of the accompanying Software License Agreement. Title to the Software is not being transferred to you and you may not copy, modify, sell, distribute, decompile, disassemble or reverse-engineer the Software. Your rights to any Software physically shipped to you are as described on or in the physical shipment. The shipment and downloading of Software are subject to the Export Restrictions described herein.
Communications/submissions from/by you to the site
From time to time this Site may contain references and links to content, products, services or other offerings of third parties ("Third Parties"). Such references and links do not constitute or imply an endorsement or recommendation by Augmentra Ltd of any such Third Party and in no way should be interpreted as an acceptance of responsibility or liability for Third Parties. You expressly acknowledge and agree that Augmentra Ltd shall have no liability of any kind for any content, products, services or other offerings made available by Third Parties.
By accessing the Site you agree that the laws of England, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with Your access and use of the Site. You also agree to submit to the exclusive personal jurisdiction and venue of the courts of England with respect to such matters.
If any provision of the Terms and Conditions of Use is found to be unlawful, void or unenforceable, then such provision is deemed severable and will not affect the validity or enforceability of any of the remaining provisions. The parties agree that this agreement and all related documents be written in the English language.
Contests and sweepstakes
Contests and sweepstakes offered by Augmentra Ltd through the Site are subject to the applicable laws of England and are void where restricted or prohibited.
Augmentra Ltd is prohibited by applicable export control laws from shipping or allowing the download of certain Products to certain jurisdictions and/or residents of such jurisdictions. You may be required to select your country of residence from a list before accessing or obtaining Products subject to export restrictions. If your country of residence is not listed, you may not access or obtain the requested Product. Notwithstanding the foregoing, You may not access or obtain any Product if you are subject to any regulatory order or other applicable export restriction or embargo. Even if your country is listed, it remains your responsibility to determine the legality in your jurisdiction of downloading, purchasing or using Products offered on the Site. In these Terms and Conditions of Use, Products include any Materials subject to the Export Restrictions described herein.
Disclaimer and liability
EXCEPT AS OTHERWISE NOTED HEREIN OR IN AN ACCOMPANYING SOFTWARE LICENSE AGREEMENT, THE MATERIALS, SERVICES AND PRODUCT PROVIDED ON THIS SITE ARE PROVIDED "AS IS" BY AUGMENTRA, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Applicable laws may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. To the extent permissible, any implied warranties or representations are limited to the fullest extent permitted by law. You agree that Augmentra Ltd shall have no responsibility for viruses that may damage your computer system or data resulting from your access to or use of the Site. Although reasonable efforts are used to ensure that the Site will be current and will contain no errors or inaccuracies, Augmentra Ltd does not warrant or represent the accuracy and completeness of the Materials on the Site. Augmentra Ltd may make changes to the Materials on the Site at any time without notice and without liability. The Materials on the Site may be out of date, and AUGMENTRA makes no commitment to update the Materials. YOU HEREBY EXPRESSLY IRREVOCABLY RELEASE, DISCHARGE, ACQUIT AND FORGIVE AUGMENTRA, ITS AFFILIATES, SUPPLIERS, LICENSORS, SPONSORS, CREDIT CARD PROCESSING OR AUTHORIZATION COMPANIES, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS, DIRECTORS AND OFFICERS (COLLECTIVELY THE "AUGMENTRA GROUP") FROM ANY AND ALL CLAIMS, ACTIONS, SUITS, DEMANDS, LIABILITIES, JUDGMENTS AND PROCEEDINGS BOTH AT LAW AND IN EQUITY ARISING FROM OR RELATED TO YOUR USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE (OR ANY INFORMATION PROVIDED HEREUPON), THE MATERIALS, THE SERVICES, THE PRODUCTS OR ANY THIRD PARTY SITES, OR THE MATERIALS, SERVICES, INFORMATION, OR PRODUCTS CONTAINED OR PROVIDED THROUGH ANY OR ALL SUCH THIRD PARTY SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT AUGMENTRA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE. You agree to defend, indemnify and hold harmless the Augmentra Ltd Group and each of them from all liabilities, claims, costs and expenses, including legal fees, that arise out of or in connection with Your use of the Site, your viewing or downloading of Materials from the Site, your use of Services or acquisition of Products on the Site, or your Communications to the Site.
Additional terms and conditions for Augmentra's online store
The following terms and conditions apply to purchasers of Products offered for sale and/or download from Augmentra Ltd's online store. These terms and conditions are in addition to, and are not intended to substitute for or in any way limit, the other Terms and Conditions of Use listed herein.
Licensing and payment terms
All sales are final and non-cancelable. Orders are not binding upon Augmentra Ltd until Augmentra Ltd in its sole discretion accepts the order. When you select Products for purchase and choose "SUBMIT" on the order page, the total of the Product price, taxes and any applicable shipping, handling, and insurance costs (if any) will be charged to the credit card number you provide. You acknowledge that Augmentra Ltd may use third party credit card processing or authorization services during the course of verifying your credit information and/or completing your purchase. You confirm that you are authorized to use such credit card number to make this purchase and permit Augmentra Ltd to take steps to verify such authorized use. You are responsible for all charges incurred in your use of the Site, whether or not authorized by you. You should inform yourself of the extent of your liability for unauthorized charges under any credit card agreement(s) that may apply to you. Augmentra Ltd will ship paid orders for physical Products to you F.O.B. Augmentra Ltd's warehouse. Upon Augmentra Ltd's delivery of the shipment to the carrier, you assume the risk of loss and/or damage to the Products and title passes to you. You may not assign an order for a Product without the prior written permission of Augmentra Ltd. Sales transactions are void wherever such transactions are prohibited. In addition to the Applicable Laws provisions herein, the parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. Products may not be exactly as shown or described. Augmentra Ltd does not guarantee that all Products advertised in the online store will be available at all times. Augmentra Ltd reserves the right to limit quantities.
Individuals or organizations that wish to order a Product for purchase from Augmentra Ltd's online store must complete the form provided, and supply current, complete, and truthful information as prompted. This information is collected for the purpose of fulfilling Your order. You agree to notify Augmentra Ltd promptly of any changes in this information until such time as the order has been fulfilled. Products may be purchased for lawful purposes and by end-users only.
Product prices listed on the Site are provided for informational purposes only, and do not constitute an offer to sell Products. Unless otherwise stated, prices are in UK Sterling and do not include applicable taxes or shipping, handling, or insurance costs. You accept sole responsibility for the importation of any Products, including required licenses and permits and all associated costs, from the United Kingdom into other jurisdictions.
EXCEPT AS EXPRESSLY PROVIDED IN ANY SOFTWARE LICENCE AGREEMENT RELATING TO OR SHIPPED WITH THE LICENSED SOFTWARE AND TO THE FULL EXTENT PERMITTED BY LAW, AUGMENTRA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING, OR USAGE FOR TRADE. ANY APPLICABLE STATUTORY CONSUMER RIGHTS ARE NOT AFFECTED BY THIS CLAUSE. WITHOUT LIMITING THE APPLICABILITY OR GENERALITY OF THE "DISCLAIMER AND LIABILITY" PROVISIONS ABOVE, TO THE FULL EXTENT PERMITTED BY LAW, THE AUGMENTRA GROUP SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, DELAY IN DELIVERY, OR USE OF PRODUCTS ACQUIRED OR LICENSED FROM AUGMENTRA. AUGMENTRA SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS BY YOU OR ANY OTHER PERSON OR ENTITY. THE LIMITATIONS IN THIS SECTION WILL APPLY, WHERE PERMITTED, NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY WARRANTY REMEDY.