Vicon may suspend or terminate the operation of the Site, or certain of its features, parts or content, at any time. There may also be times when the Site, or certain of its features, parts or content, become unavailable, whether on a scheduled or unscheduled basis. You agree that Vicon will not be liable to you or to anyone else for any withdrawal, modification, unavailability, suspension or discontinuance of the Site or any of its features, parts or content. Access to or use of the Site will not necessarily be uninterrupted or error-free.
1. Access to the Site
It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site. Vicon may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with Vicon. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of Vicon's security procedures, you must treat such information as confidential and not reveal it to anyone else.
You are responsible for all activities that occur under your log-on ID and must notify Vicon immediately of any unauthorised use or other security breach of which you become aware. Vicon reserves the right to disable any log-on ID, at any time, if in Vicon's opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.
2. What you are allowed to do
You may only use the Site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print individual pages and, subject to section 3 below, store such pages in electronic form, for non-commercial use only.
You may also download the software and firmware that is, from time to time, made available and expressly intended for download from the Site, subject always to the applicable licence terms that will be displayed at the point of download. Additional terms may also apply to other features, parts or content of the Site, and where they apply, will be displayed before you access the relevant features, parts or content.
3. What you are not allowed to do
Except to the extent expressly set out in these terms and conditions, you are not allowed to:
(a) store pages of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Site;
(b) remove or change anything on the Site or attempt to interfere with the proper working of the Site; or
(c) include or create links to or from the Site.
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage Vicon's name or reputation or that of any of its affiliates.
4. Your personal information
5. Intellectual property rights
All intellectual property rights in any material (including text, graphics, video, photographs and other images, sound, trade marks and logos) contained in the Site is owned by Vicon or its licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by Vicon or its licensors and you acknowledge that you do not acquire any ownership rights by downloading material from the Site.
You are only allowed to use the Site and the material contained in the Site as set out in these terms. You are not allowed to remove or change any copyright, trade mark or other intellectual property right notices contained in the original material or any material copied or printed off from the Site.
Vicon may change the format and content of the Site from time to time. You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk. Vicon tries to make sure that all information contained on the Site is correct, but it is not intended to amount to authority or advice on which reliance should be placed. You should check with Vicon or the relevant supplier before acting on any information on the Site. Vicon makes or gives no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded.
To the fullest extent permitted by law, Vicon accepts no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on any content of the Site. You understand that Vicon cannot and does not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
7. Forum participation
The Site may make chat rooms, message boards and/or news groups and other areas available to its users (collectively Forums). Vicon does not control the information and other material posted to Forums (collectively Messages) and the Forums are not actively moderated. You are solely responsible for the content of your Messages as posted by you and acknowledge that all Messages express the views and opinions of their respective authors, and not those of Vicon.
Whilst Vicon does not pre-screen Messages, Vicon reserves the right (which may be exercised in Vicon's sole discretion without notice) to delete, edit or modify any Message (in whole or in part) posted by you and/or to close any topic at any time.
Complaints about Message content must be sent to [email protected] and must contain details of the specific Message giving rise to the complaint.
(a) not post or otherwise publish any Message containing any form of advertising for goods or services;
(b) not post or otherwise publish any Message that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
(c) not post or otherwise publish any Message that contains any viruses and/or other code that has contaminating or destructive elements;
(d) not restrict or inhibit any other user from using the Forums;
(e) not impersonate or falsely state or otherwise misrepresent an affiliation with any person or entity; and
(f) keep all Messages relevant to the purpose of the Forum and the nature of any debate.
By posting any Message, you are granting Vicon and its affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Message (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such Message. You agree to indemnify and hold Vicon harmless from all claims, costs and expenses incurred by Vicon arising out of any Message as posted or published by you in breach of these terms and conditions.
If you are a registered user and you upload or submit any material (whether in the form of emails, messages or file attachments) via the Site, you warrant that:
(a) you have the right to provide such material;
(b) it will not contain any content which is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
(c) it will not contain any viruses and/or other code that has contaminating or destructive elements; and
(d) it will not contain any personal information (including the name, email address, postal address or telephone number of any individual other than you).
Any material uploaded or submitted which does not comply with these requirements will be deleted immediately. All other material will usually be deleted after 90 days of being uploaded or submitted. You agree that Vicon will not be responsible if any material that you upload or submit is lost, corrupted or deleted and agree that you are responsible for keeping back-up copies of such material.
By uploading or submitting any material, you are granting Vicon and its affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt and translate such material (in whole or part) to the extent necessary for Vicon to provide the support services you have requested. You agree to indemnify and hold Vicon harmless from all claims, costs and expenses incurred by Vicon arising out of any material uploaded or submitted by you in breach of these terms and conditions.
You acknowledge and agree that Vicon may preserve and/or disclose any material that you upload or submit: (a) for the purposes of properly providing the support services; and/or (b) if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with a legal process, enforce these terms, respond to claims that any material infringes the rights of any third party, or protect and defend the rights, property, or personal safety of Vicon, any of its affiliates, the Site or its visitors.
Vicon reserves the right in our discretion to suspend or terminate your ability to upload or submit material if you breach any of the provisions of these terms and conditions and, where appropriate in accordance with applicable laws, to report such conduct to the appropriate authorities.
9. Support services
If you are a registered user, please note that the provision by Vicon of support services, whether through the Site or otherwise, is subject to the terms of your support agreement with Vicon, in addition to any relevant provisions of these terms and conditions.
10. External links
The Site may, from time to time, include links to external sites and co-branded pages. Vicon has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting.
Vicon is not responsible for the content of these sites and pages or for anything provided by them and does not guarantee that they will be continuously available. The fact that Vicon includes links to such external sites does not imply any endorsement of or association with their operators.
11. Suspension and termination of service
Vicon may change these terms and conditions from time to time by displaying the revised terms and conditions on the Site. You should check these terms and conditions each time you revisit the Site. These terms and conditions form the entire understanding between you and Vicon and supersede all previous agreements, understandings and representations relating to the subject matter.
If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. Vicon may delay enforcing its rights under these terms and conditions without losing them. You may not assign or transfer any or all of your rights or obligations under these terms and conditions.
13. Governing law
These terms and conditions shall be governed by English law, and you agree that any dispute between us regarding them or the Site will only be dealt with by the English courts, provided that Vicon reserves the right to bring proceedings to protect our intellectual property rights before any competent court.
The software/firmware made available and expressly intended for download from this website is subject to the following licence terms. By proceeding to download any such software/firmware, you confirm that you accept and agree to be bound by these licence terms.
Vicon grants you a limited, non-exclusive licence to use the software/firmware, in the case of pre-concept, early adopter or beta software/firmware, for the purposes of evaluation and analysis internally within your organisation, and, in all other cases, for the internal business purposes of your organisation, and in both cases on a non-commercial basis only. You may not sub-license, assign or transfer your right to use the software/firmware or otherwise make it available to any third party.
You agree that the software/firmware is provided on an 'as is' basis and that you are entirely responsible for the use you make of it.
Software/firmware that is pre-concept, early adopter or beta software/firmware is intended for the purposes of evaluation and analysis only and, by its very nature, is unrefined and experimental. It has not undergone the same level of testing as full release software/firmware and, as such, its stability cannot be guaranteed and results achieved through its use may not be consistent.
Software/firmware that has a medical application is not intended to replace the clinical skill of a medical practitioner or his/her independent professional judgement of individual clinical circumstances to make a diagnosis and/or determine a patient's treatment. Such software/firmware should only be used by those who have been appropriately trained in its operation, functions, capabilities and limitations, and in any event should not be relied upon, by itself, as the sole method of making any diagnosis or determining any treatment.
Vicon makes or gives no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of the software/firmware and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded.
To the fullest extent permitted by law, Vicon accepts no liability for any loss or damage of any kind incurred as a result of your use of, or inability to use, the software/firmware. In no event shall we be liable to you for any indirect or consequential loss or for any loss of profit, revenue, contracts, data, goodwill or other similar losses. Nothing in these licence terms shall limit or exclude our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded.
15. About us
Vicon Motion Systems Limited is registered in England, company number 01801446, and our registered office is at 14 Minns Business Park, West Way, Oxford, Oxfordshire OX2 0JB. Our VAT registration number is GB 768 351 891.