Vital Inc. License Agreement and Confidentiality Agreement for:
Vital Inc. The Vital ToolBox and all related services
Vital Inc. Vital Advisors and all related services
Vital Inc. Vital I-Net and all related services
Each of the above names and associated products are the sole property of Vital Inc. all rights reserved. 2003-2011. Compliance with all applicable copyright law is the responsibility of the user. Without limiting the rights of the user under this copyright no part of any of the above documents may be reproduced, stored in or introduced in retrieval system or transmitted in any form or by any means ( electronic, mechanical, photocopying, recording, or otherwise) or , for any purpose with out the express written consent of Vital Inc.
Thursday, July 24, 2003.
Document No. VI-7-24-03-1
Printed in the United States of America
In order to insure the permitted use of any of the above mentioned products, upon subscription you must accept the license agreement and confidentiality agreement before you can use these products. Its component parts may not be used on more than one computer. Should you elect not to accept the license agreement you will not receive any or all of the products or services you elect to purchase. Do not make illegal copies.
This product uses various questions and answers provided by the user in determining or recommending courses of action to be used in managing a business enterprise. Using the information that results from the written or electronic documents or conversations with Vital Inc. may have significant legal and accounting implications that may vary by state and subject matter. Before acting on any information derived from these products or conversations with Vital Inc. you should consult with an attorney, financial advisor, and or accountant. Vital Inc. is not responsible for any action taken by you based on the use of these products.
This is an agreement between you, the user, and Vital Inc. This agreement covers all products and conversation resulting from the use of Vital Inc. distributed products. By accepting the subscription agreement you agree to be bound by the terms of this agreement. If you do not agree please delete, return any and all items emails, written materials, and packaging, to us.
You may use only one copy of this product on one computer. If you have multiple licenses, you may use it on as many computers as you have licenses at any time. "Use" means downloading in temporary memory or permanent storage on a computer.
Installation on a network server solely for the distribution to many computers is use, if and only if you have a separate license to which the Software is distributed. You must ensure that the number of persons using the Software installed on the network server does not exceed the number of licenses you have. If the number of users exceeds the number of licenses you have you must purchase additional licenses sufficient to equal the number of users on the network.
As a commercial customer of Vital Inc., you hereby grant Vital Inc. the right perform an online audit of your use of the Software during normal business hours. You also agree to cooperate with Vital Inc. in the conduct of such audit. The audit is limited to your compliance with the terms of this agreement.
The United States copyright laws and international treaties protect this Software. You may make one copy of this Software solely for backup or archival purposes or transfer it to a single hard disk provided you keep it solely for backup or archival purposes.
You may not rent or lease this Software. You can transfer the Software provided you do not retain any copies of the Software, or associated printed materials. Any transfer may include updates of the Software and all prior versions.
You may not reverse engineer, decompile, or disassemble the Software. If the Software is accompanied by, written materials email attachments, CD's, DVDs thumb drives or any other storage media you may only use the disks as appropriate for your computer. You may not use this Software on another computer or network or loan or rent, lease, or transfer these items to another user except as permitted by this agreement.
Limited Warranty:
Vital Inc. warrants that the Software will be free of defects in materials and workmanship under normal use for a period of 90 days, from the date you receive them. The warranty is limited to you only and is not transferable. Any implied warranties are limited to one year from the date you receive the Software. Some jurisdictions do not allow limitations on the duration of an implied warranty so this limitation does not apply to you.
The entire liability to Vital Inc. and the exclusive remedy available to shall be a return of the price paid for the for the Software or a replacement of any Software purchased. This limited warranty is void if any defect is the result of accident, misapplication, abuse, service, or modification by someone, other than Vital Inc. Any replacement is warranted only for the balance of the original warranty.
Vital Inc. does not warrant that the functions of the Software will meet your requirements or that operation of the Software will be uninterrupted or error free. You assume responsibility for selecting the Software, to achieve your intended goals and results obtained from the Software.
This license is in effect until terminated. It will terminate upon the conditions set forth above or if you fail to comply with any of its terms. This agreement is governed by the State of North Carolina. Each provision is severable. If a provision of this agreement is found unenforceable all other provisions shall remain in force.
This agreement is binding on successors and assigns. You acknowledge that you have read and understand this agreement and that you agree to be bound by this agreement. You also agree that this is the entire agreement between you and Vital Inc. with regard to your use of its Software.
Confidentiality and Trade Secret Agreement
This AGREEMENT is by and between you the end user / subscriber and (Company) and Vital Inc. (Owner).
Whereas, the Company agrees to allow the Owner access to certain confidential information, trade secrets, conversations or proprietary information relating to the affairs of the Company only for purposes of: consultation in business related matters, and
Whereas, the Undersigned may review, examine, inspect, have access to, or obtain such information only for the purposes described above, and otherwise hold such disclosed information confidential pursuant to the terms of this agreement.
BE IT ACKNOWLEDGED, that the Company has or shall furnish to the Owner certain confidential information, or described on an attached list, and the Company may further allow the Owner the right to inspect the business of the Company and/or interview suppliers, employees, or representatives of the Company, only on the following conditions:
1. The Owner agrees to hold all disclosed confidential or proprietary information or trade secrets (information) in trust and confidence and agrees that it shall be used only for the contemplated purpose, and shall not be used for any other purpose nor disclosed to any third party without the written consent of the Company.
2. No copies or abstracts will be made or retained of any written information supplied. Upon demand by the Company, all information, including written notes, photographs, or memoranda, shall be returned to the Company.
3. The disclosed information shall not be disclosed to any employee, consultant, or third party unless said party agrees to execute and be bound by the terms of this agreement.
4. It is understood that the Owner shall have no obligation to hold confidential any information that is known by the Owner or generally known within the industry prior to the date of this agreement, or that shall become common knowledge within the industry thereafter, as said information shall not be deemed protected under this agreement.
5. The Owner acknowledges the information disclosed herein as proprietary and trade secrets, and in the event of any breach, the Company shall be entitled to injunctive relief as a cumulative and not necessarily successive remedy without need to post bond.
6. This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns, and personal representatives.
7. This agreement is governed by the laws of the State of Georgia