ActiveVOS Screenflow Instant Trial Terms of Use

Welcome to the ActiveVOS Screenflow Instant Trial (the "Services") operated by Active Endpoints ("we" or "us"). By using the Services you are agreeing to the terms and conditions set forth below (the "Terms of Use"). Your use of any of the other services offered on or through the activevos.com website or any of its subdomains and affiliates is governed by the terms of use applicable to those services. We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Use at any time.

In addition to these Terms of Use, your use of the Services is governed by our Privacy Policy. By using the Services you agree to our collection, use of certain of your information as set forth in the Privacy Policy. The Privacy Policy may be amended by us from time to time in our discretion. When using particular Services, you will be subject to any posted terms or guidelines applicable to such Services, and any other terms or conditions applicable to those Services provided by or in conjunction with any of ActiveVOS Screenflow Instant Trial's content. The Privacy Policy and any posted terms or guidelines are hereby incorporated by reference into these Terms of Use.

If you do not understand and agree to these Terms of Use, please do not use the Services. If you have any questions or concerns regarding these Terms of Use, please let us know by contacting us at: http://www.activevos.com/contact. Do not use these Services until your questions and concerns have been answered to your satisfaction, and you agree to abide by the terms and conditions of these Terms of Use.

Overview of the Service

The Services provide a demonstration environment on which you can experiment with the ActiveVOS Screenflow software. The ActiveVOS Screenflow software is not intended to be used in a production environment of any kind and the Services are not intended to provide a production environment. Active Endpoints reserves the right to terminate your use of the Services (or any portion thereof) or delete any data you may have created at any time and without notice. You are entitled to export your data to your local drive and import it back.

Use of the Service

Using your account name and password obtained at http://www.activevos.com/login, you may access the ActiveVOS Screenflow Instant Trial for a period of 30 days. After this 30 day period all data created using the ActiveVOS Screenflow software will be deleted.

License Grant

Subject to the terms and conditions of this Agreement, you are hereby granted a revocable, non-transferable, non-exclusive, limited right and license to use the Services. Active Endpoints reserves all rights not expressly granted herein. Active Endpoints may terminate this license at any time for any reason or no reason.

No Warranty or Liability

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OFR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ACTIVE ENDPOINTS, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL CMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. WE WILL NOT BE LIABLE FOR DAMAGES ON ANY KIND RELATING TO YOUR USE OF THE SERVICES.

Governing Law; Enforceability

These Terms of Use and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to principles of conflicts of law. The invalidity or unenforceability of any part of this Agreement for any reason whatsoever shall not affect the validity or enforceability of the remainder.

Assignment

Neither party shall assign or sublicense its rights or obligations under this Agreement, except that we may assign such rights or obligations to a successor to substantially all of its business pertaining to the Product.

Injunctive Relief

You acknowledge and agree that the limited-use provisions set forth in this Agreement (collectively, the "Restrictive Covenants") are reasonable and necessary for the protection of the our business interests, that irreparable injury will result to us if you breach any of the terms of said Restrictive Covenants, and that in the event of the your actual or threatened breach of any such Restrictive Covenants, we will have no adequate remedy at law. You accordingly agree that in the event of any actual or threatened breach by it of any of the Restrictive Covenants, we shall be entitled to immediate temporary injunctive and other equitable relief, without bond and without the necessity of showing actual monetary damages. Nothing contained herein shall be construed as prohibiting us from pursuing any other remedies available to us for such breach or threatened breach, including recovering any damages.