Terms of Service (ToS)
Terms and Conditions Agreement between User and https://www.scivista.com Welcome to https://www.scivista.com. The https://www.scivista.com website (the "Site") is comprised of various web pages operated by SciVista, Inc ("SciVista"). https://www.scivista.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://www.scivista.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. https://www.scivista.com is an E-Commerce Site. Product information and ecommerce
Electronic Communications Visiting https://www.scivista.com or sending emails to SciVista constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that SciVista is not responsible for third party access to your account that results from theft or misappropriation of your account. SciVista and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen SciVista does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.scivista.com only with permission of a parent or guardian.
Cancellation/Refund Policy You may cancel your license within 48 hours of download, any cancellation after that time will not qualify for a refund.
Links to Third Party Sites/Third Party Services https://www.scivista.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of SciVista and SciVista is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SciVista is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SciVista of the site or any association with its operators. Certain services made available via https://www.scivista.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.scivista.com domain, you hereby acknowledge and consent that SciVista may share such information and data with any third party with whom SciVista has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.scivista.com users and customers.
International Users The Service is controlled, operated and administered by SciVista from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the SciVista Content accessed through https://www.scivista.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification You agree to indemnify, defend and hold harmless SciVista, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. SciVista reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SciVista in asserting any available defenses.
Arbitration In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration in the State of New Mexico (USA) pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and SciVista agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Termination/Access Restriction SciVista reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Mexico and you hereby consent to the exclusive jurisdiction and venue of courts in New Mexico in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SciVista as a result of this agreement or use of the Site. SciVista's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SciVista's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SciVista with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SciVista with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SciVista with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms SciVista reserves the right, in its sole discretion, to change the Terms under which https://www.scivista.com is offered. The most current version of the Terms will supersede all previous versions. SciVista encourages you to periodically review the Terms to stay informed of our updates.
Contact Us SciVista welcomes your questions or comments regarding the Terms: SciVista, Inc 2778 Aqua Fria Street, Unit 6 SANTA FE, New Mexico 87507 Email Address: firstname.lastname@example.org Telephone number: 5054906192 Effective as of January 5, 2022
End User License Agreement (EULA)
END USER LICENSE AGREEMENT This copy of SciVista SummitVR ("the Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. SciVista, Inc. or its subsidiaries, affiliates, and suppliers (collectively "SciVista") own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").
Acceptance YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.
License Grant This Agreement entitles you to install and use one copy of the Software Product. In addition, you may make one archival copy of the Software Product. The archival copy must be on a storage medium other than a hard drive, and may only be used for the reinstallation of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product.
Changing License Grant During Free Trial Period: Some of the licenses SciVista offers come with a 'Free Trial' period and are designated on our product pages and checkout pages in our Shop, prior to purchasing a license. These trial periods are tied to individual accounts and are designated for a one time usage per individual over a 90 day period. SciVista reserves the right to remove any user permanently and deny future access to any individual who obtains a license; and then removes the license within the designated 'Free Trial' period, and then further that individual attempts to purchase the same product within 90 days after canceling the previously licensed product. SciVista considers any user activating and deactivating licenses within 90 days (also known as 'license hopping') to be in violation of this License Grant and your ability to use SummitVR™ may be permanently denied based on SciVista's sole discretion of a user conducting themselves in this manner with the SummitVR™ products.
Partner Licenses: Partner Licenses are granted at the sole discretion of SciVista and can be denied, removed, or temporarily disabled at any time without notification.
Restrictions on Transfer Without first obtaining the express written consent of SciVista, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
Restrictions on Use You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license. You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product. You may not use the database portion of the Software Product in connection with any software other than the Software Product.
Restrictions on Alteration You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.
Restrictions on Copying You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.
Restrictions on Cloud File Upload and Download: You may not use any software (third-party or otherwise) that can 'spam' or programmatically make unrestricted calls to our cloud file system. Determination of 'spamming' is at the sole discretion of SciVista. Also, you may not personally 'spam' our file servers in an abusive manner, such as uploading the same large file continuously after deleting it after upload. Spamming our servers on any license level (Free or Paid) will result in a temporary disabling of your account until the matter can be resolved via email (using the email your SummitVR™ is tied to). If you cannot resolve the matter within 48 hours of notification to the user email account, your account may be suspended indefinitely and access to your cloud files may also be restricted indefinitely.
Limited Software Product Warranty For a period of 30 days from the date of shipment or from the date that you download the Software Product, as applicable, SciVista warrants that when properly installed and used under normal conditions, the Software Product will perform substantially as advertised.
Disclaimer of Warranties and Limitation of Liability UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY SCIVISTA, SCIVISTA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT. SciVista makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. SciVista makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. SCIVISTA WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. UNDER NO CIRCUMSTANCES SHALL SCIVISTA, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF SCIVISTA OR ANY OTHER PARTY, EVEN IF SCIVISTA IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS SCIVISTA'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of SciVista. SciVista reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If SciVista is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling. Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by SciVista to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold SciVista harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs This Agreement is governed by the laws of New Mexico, without regard to New Mexico's conflict or choice of law provisions.
Severability If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
Collection of your Personal Information In order to better provide you with products and services offered on our Site, SciVista may collect personally identifiable information, such as your:
- First and Last Name
- Mailing Address
- E-mail Address
- Phone Number
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information SciVista collects and uses your personal information to operate its website(s) and deliver the services you have requested. SciVista may also use your personally identifiable information to inform you of other products or services available from SciVista and its affiliates.
Sharing Information with Third Parties SciVista does not sell, rent or lease its customer lists to third parties. SciVista may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to SciVista, and they are required to maintain the confidentiality of your information. SciVista may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on SciVista or the site; (b) protect and defend the rights or property of SciVista; and/or (c) act under exigent circumstances to protect the personal safety of users of SciVista, or the public.
Tracking User Behavior SciVista may keep track of the websites and pages our users visit within SciVista, in order to determine what SciVista services are the most popular. This data is used to deliver customized content and advertising within SciVista to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information Information about your computer hardware and software may be automatically collected by SciVista. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the SciVista website.
Links This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Security of your Personal Information SciVista secures your personal information from unauthorized access, use, or disclosure. SciVista uses the following methods for this purpose: - SSL Protocol When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol. We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
Right to Deletion Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
• Delete your personal information from our records; and
• Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; • Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Children Under Thirteen SciVista does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
E-mail Communications From time to time, SciVista may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. If you would like to stop receiving marketing or promotional communications via email from SciVista, you may opt out of such communications by clicking on the UNSUBSCRIBE button.
External Data Storage Sites We may store your data on servers provided by third party hosting vendors with whom we have contracted.
Contact Information SciVista welcomes your questions or comments regarding this Statement of Privacy. If you believe that SciVista has not adhered to this Statement, please contact SciVista at: SciVista, Inc 2778 Aqua Fria Street, Unit 6 SANTA FE, New Mexico 87507 Email Address: email@example.com Telephone number: (505) 407-3259 Effective as of September 29, 2020