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        <title>Vallant.si Foundation - Legal Stuff</title>
        <link>http://www.vallant.si/legal-stuff</link>
        <description>All documents regarding legal affairs on Vallant.biz. Including Terms of Use, Sale Terms, Copyrights, Privacy Statement...</description>
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                      <title>Terms and Conditions of use</title>
                      <link>http://www.vallant.si/legal-stuff/terms-and-conditions-of-use.html</link>
                      <description>Vallant.biz Terms and Conditions of use. </description>
                      <author>primoz</author>
                      <pubDate>Thu, 16 Feb 2006 16:07:38 +0100</pubDate>
                      
   <content:encoded>
       <![CDATA[
<p><b>1. ACCEPTANCE OF TERMS</b><br>
1.1 Read these Vallant.biz Terms of Use ("<b>Terms</b>") carefully
before You ("You") accept these Terms by: (a) placing an order through
Vallant.biz (including via the Vallant Store[sm], My Folder[sm], My
Vallant Center, Vallant Bid or Vallant services)", and/or (b) using the
Vallant.biz website ("Website") in any other manner. If You do not
agree to all of these terms, do not use this Website.<br>
<br>
1.2 The Terms are entered into by and between Primoz Vallant
("<b>Vallant</b>") and You. If you are using the Services on behalf of
Your employer, You represent that You are authorized to accept these
Terms on Your employer's behalf. Vallant provides the Vallant Store,
and other on-line resources accessible via Vallant.biz (the
"<b>Services</b>") to You, subject to the Terms. Unless explicitly
stated otherwise, the Terms will govern Your use of any new features
that augment or enhance the current Services, including the release of
new Vallant resources. In addition to the Terms and unless otherwise
noted, the&nbsp;<a title="Sale Terms nad Conditions" href="resolveuid/36cb0a025e6d118ca3a8a0c606c6631d" target="_self">Sales
Terms and Conditions</a> govern purchases You make through Vallant.biz,
unless You have currently in effect a separate written purchase or
license agreement with Vallant for that product, in which case that
separate agreement governs. If there is a conflict between: (a) these
Terms, and (b) either the Vallant Standard Sales Terms or other
applicable purchase or license agreement, the latter prevail.</p>

<p><b>2. YOUR OBLIGATIONS</b><br>
In consideration of Your use of the Services, You agree to be solely
responsible for: (a) providing true, accurate, current, and complete
information about You as prompted by the Service's registration form
(the "<b>Registration Data</b>"), and (b) maintaining and promptly
updating the Registration Data to keep it true, accurate, current and
complete. You are solely responsible for the security of your password.
Vallant is not liable for any unauthorized use of the Website or
Services. You acknowledge and agree that certain Services may provide
password-restricted access to customer information such as names and
certain terms of Your existing contracts to assist You in purchasing,
maintaining and supporting Your Vallant products. By using this Website
and registering for such Services, You consent to Vallant's display of
such information via the Services and accept all risks of unauthorized
access to such information. If You provide any information that is
false, inaccurate, out of date, or incomplete, or Vallant has
reasonable grounds to suspect that such information is false,
inaccurate, not current, or incomplete, Vallant may suspend or
terminate Your account (as described in Section 10) and refuse any and
all current or future use of the Services (or any portion thereof).
Vallant agrees to make reasonable efforts to implement Your requested
changes, additions, or deletions to Registration Data within one (1)
business day of receipt of such written information. You are
responsible for all costs and charges, including without limitation,
phone charges and telecommunications equipment, that You incur in order
to use the Services.</p>

<p><b>3. CONFIDENTIALITY OF VALLANT INFORMATION</b><br>
In order to gain access to the Services, You agree to these
confidentiality provisions:<br>
3.1 You acknowledge that You may obtain direct access via the Website
to certain Vallant confidential information, including Vallant
databases containing confidential information of Vallant and its
suppliers, such as technical, contractual, pricing, marketing, and
other valuable information ("<b>Information</b>"). You must hold
Information in strict confidence and may provide Information to
employees in your organization only on a need-to-know basis. You may
use the Information from the Website solely for the purpose of
purchasing, maintaining and supporting Your Vallant services, products
and equipment. Title to Information remains with Vallant and its
suppliers. You agree, either as an individual or on behalf of Your
employer, to be bound by the provisions of this Section 3. Furthermore,
if You are acting on behalf of Your employer, Your employer agrees to
indemnify You for violations of this Section 3.<br>
<br>
3.2 You do not acquire any rights in Information, except the limited
right to use Information as described above.<br>
<br>
3.3 Any breach of the Terms will result in irreparable harm to Vallant
for which damages would be an inadequate remedy and, therefore, in
addition to its rights and remedies otherwise available at law, Vallant
will be entitled to equitable relief, including both a preliminary and
permanent injunction, if such a breach occurs. You waive any
requirement for the posting of a bond or other security if Vallant
seeks such an injunction.<br>
<br>
3.4 Your obligations regarding Information expire five (5) years after
the date of disclosure. Upon termination of the Terms or Vallant's
written request, You must cease use of Information and return or
destroy all Information.<br>
<br>
3.5 The Terms impose no obligation upon You with respect to Information
that You can establish by legally sufficient evidence: (a) You
possessed, or knew, prior to Your receipt from Vallant, without an
obligation to maintain its confidentiality; (b) is or becomes generally
known to the public through no act or omission by You, or otherwise
without violation of the Terms; (c) You obtained from a third party who
had the right to disclose it, without an obligation to keep such
information confidential; (d) You independently developed without the
use of Information and without the participation of individuals who
have had access to Information, or (e) in response to a valid order by
a court or other governmental body, as otherwise required by law, or as
necessary to establish the rights of either party under these Terms and
as disclosed after prior notice to Vallant adequate to afford Vallant
the opportunity to object to the disclosure.</p>

<p><b>4. YOUR CONDUCT</b><br>
4.1 You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages, or other materials
("<b>Content</b>"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from whom such Content
originated. This means that You, and not Vallant, are entirely
responsible for all Content that You upload, post or otherwise transmit
via the Services. Vallant does not control the Content posted via the
Services and, as such, does not guarantee the accuracy, integrity or
quality of such Content. You understand that by using the Services, You
may be exposed to Content that is offensive, indecent or
Objectionable.<br>
<br>
4.2 While it is not our intent to monitor Your online communications,
Vallant reserves the right to edit or remove content that we become
aware of and determine to be harmful, offensive or otherwise in
violation of these Terms. Vallant may also remove Content that contains
third-party commercial advertisements, is inaccurate or includes
unauthorized disclosure or personal information. Violation of these
restrictions ("<b>Restrictions</b>") may also result in the termination
or suspension of your account. These Restrictions apply to all content
provided to or through the Services, including email messages,
newsgroup postings, chat, and personal or business web pages.<br>
<br>
4.3 You agree not to post or store on Vallant.biz or any of its
affiliated sites any Content that violates or infringes anyone's
intellectual property rights (including copyrights, trademarks, trade
secrets, patents, publicity rights or (to the extent protectable)
confidential ideas) or that is obscene, obscene as to minors, child
pornography, defamatory, racist, lewd, lascivious, filthy, excessively
violent, harassing, or otherwise objectionable
("<b>Objectionable</b>").<br>
<br>
4.4 You agree not to use the Services in any way for spamming or to
transmit chain letters, junk email or bulk communications. You agree
not to transmit through the Services any Material that is
Objectionable. You agree not to use any Vallant domain name as a
pseudonymous return email address for any communications that You
transmit from another location or through another service; and You may
not pretend to be someone else/or spoof their identity/when using the
Services. Furthermore, You agree not to transmit unsolicited or bulk
communications to any Vallant account holder or to any Vallant.biz or
affiliated email address (regardless of whether You use the Services to
transmit any such communication).<br>
<br>
4.5 You agree not to use the Services for any unlawful activities not
otherwise covered above, including (without limitation) attempting to
compromise the security of any networked account or site, operating an
illegal lottery or gambling operation, stalking, or making direct
threats of physical harm. Additionally, You agree not to use the
Services to:</p>

<blockquote>
<p>(a) impersonate any person or entity, including, but not limited to,
a Vallant official, or falsely state or otherwise misrepresent Your
affiliation with a person or entity;<br>
<br>
(b) forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Services or
develop hidden pages or images (those not linked to Vallant.biz from
another accessible page);<br>
<br>
(c) upload, post or otherwise transmit any Content that You do not have
a right to transmit to the public under any law or under contractual or
fiduciary relationships (such as inside information, proprietary or
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);<br>
<br>
(d) upload, post or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;<br>
<br>
(e) disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Services are able to type, or otherwise
act in a manner that negatively affects other users' ability to engage
in real time exchanges;<br>
<br>
(f) intentionally or unintentionally violate any applicable local,
state, national or international law, or any regulations having the
force of law;<br>
<br>
(g) collect or store personal data about other users;<br>
<br>
(h) use Your My Vallant account as storage for remote loading or as a
door or signpost to another home page, whether inside or beyond
Vallant.biz.</p>
</blockquote>

<p><b>5. CONTENT SUBMITTED TO VALLANT</b><br>
5.1 Vallant does not claim ownership of the Content You place on Your
My Vallant Center or any other part of Vallant.biz. By submitting
Content to Vallant for inclusion on a My Vallant Center or for
elsewhere on Vallant.biz, You grant Vallant and all other users of
Vallant.biz a worldwide, royalty-free, and nonexclusive license to
reproduce, modify, distribute, transmit, display, perform, adapt, and
publish the Content (including in digital form).<br>
<br>
5.2 You acknowledge that Vallant does not pre-screen Content, but that
Vallant and its designees have the right (but not the obligation) in
their sole discretion to block or restrict access to or the
availability of, or to disable, any Content that is available via the
Services. Without limiting the foregoing, Vallant and its designees may
disable, restrict access to or the availability of, any Content that
violates the Terms or is otherwise objectionable. You must evaluate,
and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such
Content.<br>
<br>
5.3 Unless otherwise explicitly stated, herein, or in Vallant.biz's <a title="Privacy Statement" href="resolveuid/171518867dfda62eca1b290384705635" target="_self">Privacy Policy</a>, any Content provided by You in
connection with this Website shall be deemed to be provided on a
nonproprietary and nonconfidential basis. Vallant shall have no
obligation of any kind with respect to such Content and shall be free
to use or disseminate such Content on an unrestricted basis for any
purpose. You acknowledge that You are responsible for the Content that
You submit, and You, not Vallant, have full responsibility for the
Content, including their legality, reliability, appropriateness,
originality and copyright.</p>

<p><b>6. PURCHASES ON THE VALLANT BID DYNAMIC PRICING SITE</b><br>
6.1 The Vallant Bid service allows users to bid on Vallant products and
services, taking advantage of our dynamic pricing model. By purchasing
through our Vallant Bid service, You can be sure that you are getting
genuine Vallant products and services. Vallant sells only Vallant
products and services through the Vallant Bid service and does not sell
the goods or services of any third party.<br>
<br>
6.2 Bid carefully! If You are the highest bidder at the conclusion of
the round of dynamic pricing for a particular item, You are obligated
to purchase the item from Vallant.<br>
<br>
6.3 By bidding on any item through Vallant Bid service, You agree to be
bound by the&nbsp;<a title="Sale Terms nad Conditions" href="resolveuid/36cb0a025e6d118ca3a8a0c606c6631d" target="_self">Sales
Terms and Conditions</a> for any purchases You make. Bids are not
retractable.</p>

<p><b>7. DELIVERY OF EMAIL.</b><br>
Vallant will attempt to deliver all of the email that is addressed to
your email address on Vallant's Services. However, sometimes someone
who may or may not be a subscriber to Vallant's Services may attempt to
relay large numbers of email messages, in bulk, off of or through one
of our servers. Vallant reserves the right to discard that bulk relay
email because it is an unauthorized use of our equipment. Any email
addressed to you in care of Vallant's Services that is included in that
bulk relay email may not be delivered to you.</p>

<p><b>8. SPAM EMAIL AND POSTINGS.</b><br>
You agree that Vallant would be irreparably harmed by the use, by You
or others, of Vallant's Services or facilities in connection with the
transmission of spam newsgroup postings or unsolicited email in
violation of these Terms, and that Vallant is entitled to obtain
injunctive relief against any such transmission (in addition to all
other remedies available at law or in equity). Vallant reserves the
right to block, filter or delete unsolicited email.</p>

<p><b>9. INDEMNITY</b><br>
You agree to indemnify and hold Vallant, and its subsidiaries,
affiliates, officers, agents, co-branders, alliance members, or other
partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising
out of Your Content, Your use of the Services, including any use by
Your employees (including as described in Section 3.1), Your connection
to the Services, Your violation of the Terms, or Your violation of any
rights of another.</p>

<p><b>10. NOTICES; MODIFICATION AND TERMINATION OF SERVICES</b><br>
Vallant may send notices to You via either email or regular mail. The
Services may also provide notices of changes to the Terms or other
matters by displaying notices or links to notices to You generally on
the Services. Vallant reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the Services
(or any part thereof) with or without notice. Vallant may make changes
to the Vallant Store, including regarding products, services, programs,
and prices, at any time without notice. Vallant, in its sole
discretion, may terminate Your password, My Vallant account, My Vallant
Center, use of the Services or use of any other Vallant service, and
remove and discard any Content within the Services, for any reason,
including, without limitation, for lack of use or if Vallant believes
that You have violated or acted inconsistently with the letter or
spirit of the Terms. Any termination of Your access to the Services
under any provision of the Terms may be effected without prior notice,
and Vallant may immediately de-activate or delete Your My Vallant
account or My Vallant Center and all related information and files in
Your My Vallant account or My Vallant Center and/or bar any further
access to such files or the Services. Further, Vallant will not be
liable to You or any third-party for any termination, modification, or
suspension of the Services.</p>

<p><b>11. ADVERTISEMENTS AND PROMOTIONS</b><br>
Vallant runs advertisements and promotions from third parties on the
Services, Vallant.biz and Vallant's other Internet properties. The
manner, mode and extent of advertising by Vallant on Your My Vallant
account or My Vallant Center is subject to change. Your correspondence
or business dealings with, or participation in promotions of,
advertisers other than Vallant found on or through the Services,
including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated with
such dealings, are solely between You and such advertiser. Vallant is
not responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of
such non-Vallant advertisers on the Services.</p>

<p><b>12. LINKS</b><br>
12.1 The Services may provide, or third parties may provide, links to
other Internet sites or resources. Because Vallant has no control over
such sites and resources, You acknowledge and agree that Vallant is not
responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such
sites or resources. Vallant will not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.<br>
<br>
12.2 This Website may be linked to other websites which are not under
the control of and are not maintained by Vallant. Vallant is not
responsible for the content of those sites. Vallant is providing these
links to You only as a convenience, and the inclusion of any link to
such sites does not imply endorsement by Vallant of those sites.<br>
<br>
12.3 Content from Other Internet sites or resources (thierd-partys) on
Vallant.biz is the intellectual property of those from Internet sites
or resources. Any copying, republication or redistribution of content
from those Internet sites or resources, including by caching, framing,
or similar means, is expressly prohibited without the prior written
consent of those Internet sites or resources. Data is provided for
information purposes only, and is not intended for trading purposes.
Those Internet sites or resources shall not be liable for any errors or
delays in content, or for any actions taken in reliance thereon. Those
Internet sites or resources names, logos and are registered trademarks
of those Internet sites or resources.</p>

<p><b>13. INTELLECTUAL PROPERTY RIGHTS</b><br>
13.1 The Services and any software used in connection with the Services
("<b>Software</b>") contain proprietary and confidential information
that is protected by applicable intellectual property and other laws.
Content contained in third-party advertisements or information
presented to You through the Services or advertisers is protected by
copyrights, trademarks, service marks, patents, publicity rights, or
other proprietary rights and laws. Except as expressly authorized by
Vallant or advertisers, You agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Services or
the Software, in whole or in part.<br>
<br>
13.2 You may use the Software and related Services only subject to the
agreement or license that accompanies such Software or Services. You
may use Services only during their specified term, for the enumerated
number of times, for the specified number of individuals, or as
otherwise limited in the applicable agreement or license. Services
involving an update, version release, product release, maintenance
release, patch or derivative work of a licensed Software or Service may
be used only: (a) on systems for which such Software or Service were
specifically licensed; and (b) subject to the license and warranty term
governing the original product or Service. Services provided as an
element of Vallant's support, consulting or educational services, also
are governed by the terms of the applicable support, consulting or
educational services agreement.<br>
<br>
13.3 You must not modify, decompile, or reverse engineer any Software
Vallant discloses to You, and must not remove, overprint, or deface any
notice of copyright, trademark, logo, legend, or other notice of
ownership from any originals or copies of Software or Information from
the Services.<br>
<br>
13.4 "Vallant Trademarks" means all names, marks, brands, logos,
designs, trade dress and other designations Vallant uses in connection
with Products or Services. Customer may refer to Products and Services
by the associated Vallant Trademarks, provided that such reference is
truthful and not misleading and complies with the then current Vallant
Trademark and Logo Policies. Customer may not remove or alter any
Vallant Trademarks, nor may it co-logo Products or material associated
with Customer's services. Customer acknowledges Vallant's rights in
Vallant Trademarks and agrees that any and all use of Vallant
Trademarks by Customer shall inure to the sole benefit of Vallant.
Customer agrees not to incorporate any Vallant Trademarks into
Customer's trademarks, service marks, company names, Internet
addresses, domain names, or any other similar designations.<br>
<br>
13.5 Vallant is committed to respecting others' intellectual property
rights, and we ask our users to do the same. Vallant may, in its sole
discretion, terminate the accounts or access rights of users who
infringe or otherwise violate others' intellectual property rights. If
You believe that Your work has been copied in a way that constitutes
copyright infringement on our Website, please contact our copyright
agent as described in our <a title="Copyright Notice" href="resolveuid/4dfb55aad353398a7cb6acf2f44a9ef0" target="_self">Copyright Policy</a>.<br>
<br>
13.6 All Content provided on this Website is provided by or to Vallant
by its respective manufacturers, authors, developers and vendors (the
"<b>Third Party Providers</b>") and is the copyrighted work of Vallant
and/or the Third Party Providers. Except as stated herein, none of the
Content may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any
means, including, but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without the prior express
written permission of Vallant or the Third Party Provider. No part of
the Website, including logos, graphics, sounds or images, may be
reproduced or retransmitted in any way, or by any means, without the
prior express written permission of Vallant. You also may not, without
Vallant's prior express written permission, "mirror" any Content
contained on this Website on any other server.<br>
<br>
13.7 Nothing on this Website shall be construed as conferring any
license under any of Vallant's or any Third Party Provider's
intellectual property rights, whether by estoppel, implication, or
otherwise. You acknowledge sole responsibility for obtaining any such
licenses.<br>
<br>
13.8 Permission is granted to display, copy, distribute and download
Vallant's Content on this Website provided that: (1) both the copyright
notice identified below and this permission notice appear in the
Content, (2) the use of such Content is solely for personal,
non-commercial and informational use and will not be copied or posted
on any networked computer or broadcast in any media, except as
explicitly permitted by valid license covering such materials, and (3)
no modifications of any of the Content are made. This permission
terminates automatically without notice if You breach any of these
terms or conditions. Upon termination, You must immediately destroy any
downloaded and printed Content.<br>
<br>
13.9 Any unauthorized use of any Content contained on this Website may
violate copyright laws, trademark laws, the laws of privacy and
publicity, and communications regulations and statutes.<br>
<br>
13.10 Content provided by Third Party Providers has not been
independently authenticated in whole or in part by Vallant. Vallant
does not provide, sell, license, or lease any of the Content other than
those specifically identified as being provided by Vallant.</p>

<p><b>14. DISCLAIMER OF WARRANTIES</b><br>
14.1 YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND
INFORMATION (AS DEFINED IN SECTIONS 1.2 AND 3.1) ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. UNLESS OTHERWISE EXPLICITLY STATED, THE
CONTENT ON VALLANT'S WEBSITES IS PROVIDED "AS IS", "WITH ALL FAULTS,"
IS EXPERIMENTAL, AND IS FOR COMMERCIAL USE ONLY. VALLANT DISCLAIMS ALL
EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY
KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. VALLANT MAKES NO
REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE
QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE
CONTENT CONTAINED ON VALLANT'S WEB SITES. VALLANT MAY MAKE AVAILABLE ON
VALLANT'S WEB SITES CONTENT AVAILABLE FOR DOWNLOADING WHICH HAS BEEN
SUBMITTED BY THIRD-PARTY USERS OF VALLANT'S WEB SITES. ANY QUESTIONS
REGARDING THE CONTENT SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH
CONTENT. IN NO EVENT WILL VALLANT OR ITS SUPPLIERS BE LIABLE FOR THE
ACCURACY OR COMPLETENESS OF THE CONTENT OR INFORMATION FROM VALLANT'S
WEB SITES.<br>
<br>
14.2 VALLANT MAKES NO WARRANTY OR CONDITION THAT: (i) THE SERVICES WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR
EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.<br>
<br>
14.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES
RESULTING FROM COMPUTER VIRUSES.<br>
<br>
14.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM VALLANT OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY
OR CONDITION NOT EXPRESSLY STATED IN THE TERMS. VALLANT'S EMPLOYEES ARE
NOT AUTHORIZED TO VARY THESE TERMS.</p>

<p><b>15. LIMITATION OF LIABILITY</b><br>
15.1 TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, VALLANT IS NOT
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY
TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF VALLANT HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND
REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT (INCLUDING
FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING
OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE THE
SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICES AND Vallant.biz; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICES, INCLUDING CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE
FROM VALLANT'S WEB SITES.<br>
<br>
15.2 YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF
DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT
MAKE A CLAIM AGAINST VALLANT FOR LOST DATA, RE-RUN TIME, INACCURATE
OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE
CONTENT.<br>
<br>
15.3 YOU AGREE TO HOLD VALLANT HARMLESS FROM, AND YOU COVENANT NOT TO
SUE VALLANT FOR, ANY CLAIMS BASED ON USING THE WEBSITE, WHETHER IN
CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE. Some jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages, so the above limitation or
exclusion may not apply to You.</p>

<p><b>16. VALLANT'S PRIVACY POLICY</b><br>
Vallant respects Your desire for privacy. Vallant's Privacy Policy can
be found at&nbsp;<a title="Privacy Statement" href="resolveuid/171518867dfda62eca1b290384705635" target="_self">Privacy&nbsp;Statement</a>. By using the Website, You
are consenting to the processing of Your data by Vallant and consenting
to the terms of our Privacy Policy. If we decide to change that policy,
we will post the revised policy prominently on our Website or otherwise
bring it to Your attention, so that You are always aware of what we do
with Your information.</p>

<p><b>17. GENERAL INFORMATION</b><br>
17.1 The Terms constitute the entire agreement between You and Vallant
and govern Your use of the Services, superseding any prior agreements
between You and Vallant (including, but not limited to, any prior
versions of the Terms). You also may be subject to additional terms and
conditions that may apply when You use other Vallant services,
third-party content or third-party software. You must not assign or
otherwise transfer the Terms nor any right granted hereunder. Sections
3, 4, 8, 12, 13, 14 and 16 survive termination of the Terms.<br>
<br>
17.2 Slovenia law govern any action related to the Terms. No choice of
law rules of any jurisdiction apply. The parties specifically disclaim
the U.N. Convention on Contracts for the International Sale of Goods.
You and Vallant agree to submit to the personal and exclusive
jurisdiction of the courts located in Maribor, Slovenia.<br>
<br>
17.3 Vallant controls and operates this Website from its headquarters
in various locations in Slovenia and makes no representation that this
Content is appropriate or available for use in other locations. If You
use this Website from other locations, You are responsible for
compliance with applicable local laws including but not limited to the
export and import regulations of other countries.<br>
<br>
17.4 You acknowledge and agree that Content is subject to the Slovenian
Export Administration Laws and Regulations. Diversion of such Content
contrary to Slovenian law is prohibited. You agree that none of the
Content, nor any direct product therefrom, is being or will be acquired
for, shipped, transferred, or re-exported, directly or indirectly, to
proscribed or embargoed countries or their nationals, nor be used for
nuclear activities, chemical biological weapons, or missile projects
unless authorized by the Slovenian Government. Proscribed countries are
set forth in the Slovenian Export Administration Regulations. List of
countries subject to Slovenian embargo subject to change without
further notice from Vallant, and You must comply with the list as it
exists in fact. You certify that You are not on the Slovenian
Department of Commerce's Denied Persons List or affiliated lists or on
the Slovenian Department of Treasury's Specially Designated Nationals
List. You agree to comply strictly with all Slovenian export laws and
assume sole responsibility for obtaining licenses to export or
re-export as may be required.<br>
<br>
17.5 This Website could include inaccuracies or typographical errors.
Vallant and the Third Party Providers may make improvements and/or
changes in the products, services, programs, and prices described in
this Website at any time without notice. Changes are periodically made
to the Website. Vallant may amend these Terms at any time by posting
the amended terms on this site. If you are a registered user of
Vallant.biz, Vallant will notify you of changes to these Terms when you
log-in after such changes have been made, thus giving You an
opportunity to review the Terms.<br>
<br>
17.6 The failure of Vallant to exercise or enforce any right or
provision of the Terms does not constitute a waiver of such right or
provision. If a court of competent jurisdiction finds any provision of
the Terms to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the Terms remain in full
force and effect. Regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the
Services or the Terms must be filed within one (1) year after such
claim or cause of action arose or be forever barred. The section titles
in the Terms are for convenience only and have no legal or contractual
effect.<br>
<br>
17.7 These Terms represent the entire understanding relating to the use
of the Website and prevail over any prior or contemporaneous,
conflicting, or additional, communications.</p>

<p>v1.2</p>

<p><b>Vallant.biz Trademark Notices</b><br>
Vallant.biz, Vallant, the Vallant logo, all Vallant formative
trademarks and logos, and other trademarks appearing on this website,
are trademarks or registered trademarks of Primoz Vallant in the
Slovenia and other countries. All other brand and product names may be
trademarks or registered trademarks of their respective holders.</p>
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                      <title>Sale Terms nad Conditions</title>
                      <link>http://www.vallant.si/legal-stuff/standard-sale-terms.html</link>
                      <description>Vallant.biz's Terms and Conditions of Sale and Service.</description>
                      <author>primoz</author>
                      <pubDate>Thu, 16 Feb 2006 16:07:38 +0100</pubDate>
                      
   <content:encoded>
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<p><b>1. Scope</b><br>
These Vallant.biz Standard Sales Terms (the "<b>Agreement</b>") govern
the sale, licensing, and delivery of Products and Services by
Vallant.biz and his employees ("<b>Vallant.biz</b>") to you
("<b>Customer</b>"). By clicking on the "<b>Submit</b>" button at the
point of ordering, Customer agrees that this Agreement governs if
Customer is purchasing from Vallant.biz via: (a) Vallant.biz Bid or a
third-party auction site; and (b) any other mechanism (including
Vallant.biz Store), unless the order is for any Products or Services
for which Customer has already signed a separate purchase agreement
with Vallant.biz, in which case that separate purchase agreement
governs the transaction (except, as applicable, the restrictions in
Section 3 below). Vallant.biz employees and their families are not
eligible to purchase Vallant.biz Products and Services from Vallant.biz
via Vallant.biz Bid or any third-party auction site.</p>

<p><b>2. Definitions</b><br>
2.1 "Confidential Information" means any information disclosed by one
party to another under any Agreement which is, prior to or at the time
of disclosure, identified in writing as confidential or
proprietary.<br>
2.2 "Equipment" means the hardware (including components), software
media and spare parts listed in the Product price lists published by
Vallant.biz from time to time.<br>
2.3 "Intellectual Property Rights" means intellectual property rights,
including patents, trademarks, design rights, copyrights, database
rights, trade secrets and all rights of an equivalent nature anywhere
in the world.<br>
2.4 "Product" means Content, Software or Equipment.<br>
2.5 "Services" means the services described in any Service Listing or
SOW.<br>
2.6 "Service Listing" means any offering in Vallant.biz's Services
Service List (available at <a title="Services" href="resolveuid/3ad57be55df7056f86da896f7bdf22b2" target="_self">servicelist</a>) (a hard copy of which is available to
Customer on request), together with such other standard service
offerings as the parties may agree from time to time.<br>
2.7 "Software" means: (a) any binary software programs listed in the
standard price lists published by Vallant.biz from time to time, (b)
any Updates, and (c) any related user manuals or other
documentation.<br>
2.8 "SOW" means any Statement of Work relating to Services.<br>
2.9 "Updates" means subsequent releases and error corrections for
Software previously licensed, as listed in the standard price lists
published by Vallant.biz from time to time.<br>
2.10 "Content" means: (a) information, data, text, music, sound,
photographs, graphics, video, messages, or other materials listed in
the standard price lists published by Vallant.biz from time to time,
(b) any Updates, and (c) any related instructions or other
documentation.</p>

<p><b>3. Authorized Customer Use</b><br>
3.1 Customer may resell Vallant.biz Product and Services purchased or
licensed from Vallant.biz only if: (a) Customer is a
Vallant.biz-authorized reseller under a current and valid reseller
agreement with Vallant.biz for that Product or Service; and (b)
Customer includes its applicable reseller number in the order
fulfillment form. The applicable reseller agreement governs such
Customer's purchase and resale of Products and Services that Customer
acquires from Vallant.biz and resells (including Productivity Status
Report submission), except that: (w) pricing is as concluded in the
Vallant.biz Bid or third-party auction and any contractual discounts do
not apply; (x) Customer cannot apply any additional programs (e.g.,
sales allowances, competitive offers, investment commitment agreements)
to Vallant.biz Bid or a third-party auction site purchases (and for
Services, Vallant.biz Store purchases); (y) there is no price
protection for Product and Services; and (z) no stock rotation is
permitted for Product.<br>
3.2 If Customer does not meet the requirements in Section 3.1 for
resale, then Customer represents and warrants to Vallant.biz that it
intends to use the Vallant.biz Products and Services for its own
personal or internal use (i.e., it is an "end user"), and does not
intend to and will not transfer or convey (whether by sale, lease or
rental) any Vallant.biz Product purchased or any Vallant.biz Software
licensed from Vallant.biz for a minimum of six (6) months from the date
that it receives delivery from Vallant.biz. Customer must not provide,
lease, or resell Services, directly or indirectly, to any third
party.<br>
3.3 Except as provided otherwise in the Service List or SOW, all prices
for Services are non discountable.</p>

<p><b>4. Auction Orders</b><br>
By placing a bid in response to Vallant.biz's solicitation via
Vallant.biz Bid or a third-party auction site, Customer acknowledges
and agrees: (a) that the representations and warranties in Section 3
are material to Vallant.biz and constitute part of the inducement to
Vallant.biz to accept that bid; and (b) to be bound by this Agreement.
If Customer is the highest bidder at the end of a Vallant.biz Bid or a
third-party auction (meeting the applicable minimum bid or reserve
requirements) and Vallant.biz accepts Customer's bid, then Customer is
obligated to complete the transaction with Vallant.biz.</p>

<p><b>5. Confidential Information</b><br>
A party receiving Confidential Information (the "Recipient") may use it
only for the purposes for which it was provided under the Agreement,
and may disclose it only to employees or contractors obligated to the
Recipient under similar confidentiality restrictions and only for the
purposes for which it was provided under the Agreement. These
obligations do not apply to information which: (a) is rightfully
obtained by the Recipient without breach of any obligation to maintain
its confidentiality; (b) is or becomes known to the public through no
act or omission of the Recipient; (c) the Recipient develops
independently without using Confidential Information of the other
party; or (d) is disclosed in response to a valid court or governmental
order, if the Recipient has given the other party prior written notice
and provides reasonable assistance so as to afford it the opportunity
to object.</p>

<p><b>6. Payment</b><br>
6.1 In all cases except those in Section (a), for purchases via
Vallant.biz Store, Vallant.biz Bid or third-party auction sites,
Customer will pay cash in advance of download, shipment or
performance.<br>
&nbsp; (a) Where Customer has appropriate credit arrangements with
Vallant.biz, Customer will pay all invoices within thirty (30) days of
receipt of the invoice.<br>
6.2 For purchases via Vallant.biz Store, Vallant.biz Bid or a
third-party auction site:<br>
&nbsp;&nbsp;(a) Vallant.biz accepts these payment methods: Credit Card
(Visa, MasterCard, EuroCard, American Express and Diners Club),
Bank/Wire Transfer, Check or Cash through our secure online transaction
provider <a href="http://shareit1.element5.com/">ShareIt</a>!. Upon
request, Vallant.biz will make lockbox information available to the
winning bidder. Vallant.biz does not accept personal checks.<br>
&nbsp;&nbsp;(b) Vallant.biz reserves the right in its sole discretion
to place Customer on credit hold, in which event Vallant.biz will
promptly inform Customer and may cancel, delay or reschedule Customer
orders.<br>
6.3 Three (3) week money back guarantee. Customer will not be required
to pay the disputed portion of any invoice, pending resolution of that
dispute, if Customer provides written notice of the dispute to
Vallant.biz within twentyone (21) days of Customer's receipt of the
invoice for Products or Services.<br>
6.4 Prices and license fees for Products and Services are exclusive of
all sales and other taxes based upon the value of the Products or
Services. Customer is responsible for payment of all such taxes.<br>
6.5 The prices for Products and Services are as set forth in the
applicable price list, shopping cart, SOW, or as concluded via auction.
Vallant.biz may modify its prices: (a) for educational Services, at any
time ninety (90) days after Customer's order; (b) upon renewal of any
Support Services or annually in the absence of renewals, or (c) for any
new order.<br>
6.6 Except as provided otherwise in the Service List or SOW, all prices
for Services are exclusive of:<br>
&nbsp;&nbsp;(a) reasonable travel expenses in the amount actually
incurred by Vallant.biz;<br>
&nbsp;&nbsp;(b) reasonable and necessary out-of-pocket expenses
associated with Services;<br>
&nbsp;&nbsp;(c) costs incurred by Customer or its employees in
connection with their participation in educational services;<br>
&nbsp;&nbsp;(d) transportation and insurance charges; and<br>
&nbsp;&nbsp;(e) the costs of operating supplies and accessories.</p>

<p><b>7. Acceptance and Delivery</b><br>
7.1 For purchases via Vallant.biz Store, Vallant.biz Bid or a
third-party auction site, Vallant.biz's acceptance of Customer's order
or bid offer is effective upon the earlier of: (a) Vallant.biz's
issuance of a Vallant.biz order acknowledgment or invoice (may be
electronic) consistent with such order, bid offer, or (b) Vallant.biz's
shipment of the Products.<br>
7.2 For purchases via Vallant.biz Store, Vallant.biz Bid or a
third-party auction site, Product is usually available for download or
ships via standard ground transportation within two (2) business days
of Vallant.biz's receipt of payment and all necessary information from
Customer (except for Product purchased via eBay, which usually ships
within seven (7) business days). For orders through any other
mechanism, Vallant.biz will use commercially reasonable efforts to meet
any delivery date identified in the order acknowledgment. All sales via
Vallant.biz Store, Vallant.biz Bid and third-party auction sites are
final. Unless otherwise specified on Customer's order, Vallant.biz may
make partial deliveries and invoice for them separately. Such
deliveries will not relieve Customer of its obligation to accept other
parts of its order. A Vallant.biz invoice may be the only documentation
Vallant.biz provides for purchase and payment of Vallant.biz's Products
and Services that Customer orders through the Vallant.biz Store.
Vallant.biz's invoice will show separate charges to Customer for
shipping and handling. Title to Equipment and risk of loss of or damage
to Products passes to Customer upon shipment by Vallant.biz, Ex Works
Vallant.biz's facilities or other distribution center. Title to
Software and all associated intellectual property rights remains with
Vallant.biz and/or its licensors. Products will be deemed accepted upon
receipt by Customer. Vallant.biz may make substitutions and
modifications in Products, and in Services that do not cause a
materially adverse effect in overall Service performance.<br>
7.3 Vallant.biz will accept orders for Services submitted on
Vallant.biz Store, Vallant.biz Bid or third party auction site or other
mechanism, by issuing a schedule, acknowledgment and/or invoice (each a
"Confirmation") to Customer. Each Confirmation, together with this
Agreement and the applicable Service Listings constitute a separate,
integrated agreement. Vallant.biz may require a purchase order in
connection with certain orders. Vallant.biz will perform tasks and
provide Customer with specific items ("Deliverables") subject to the
terms of this Agreement and in accordance with the Services
descriptions contained in the applicable Service Listings and SOWs
(available at: <a title="Services" href="resolveuid/3ad57be55df7056f86da896f7bdf22b2" target="_self">../services</a>).</p>

<p><b>8. Rescheduling, Reconfiguration, and Cancellation Charges for
Non-Auction Sales</b><br>
Customer may reschedule or reconfigure all or part of any order for
Products once at no charge, if Vallant.biz receives the written request
at least thirty (30) days prior to the scheduled delivery date and the
rescheduled delivery date is within sixty (60) days after the original
delivery date. If Vallant.biz reschedules or reconfigures an order at
Customer's request on any other basis, or if Vallant.biz reschedules
the order because Customer fails to meet an obligation under this
Agreement, Vallant.biz may charge Customer a restocking fee equal to
ten percent (10%) of the list price of the rescheduled or reconfigured
portion of the order. This section does not apply to purchases from
Vallant.biz via Vallant.biz Bid or third-party auction site.</p>

<p><b>9. Remote Services</b><br>
9.1 Customer agrees that Vallant.biz may access Products remotely at
Customer's site in order to monitor, manage and service them.<br>
9.2 If Customer purchases any Services that are delivered remotely,
Customer will:<br>
&nbsp;&nbsp;(a) procure and maintain a Vallant.biz-specified bridge or
gateway appropriate to the systems or networks involved, at Customer's
expense; and<br>
&nbsp;&nbsp;(b) assume responsibility for all telecommunications and
Internet access charges related to the remote Services.<br>
9.3 If Customer fails to permit or facilitate remote Services,
Vallant.biz may decline to deliver such Services and assess additional
charges or other conditions for the delivery of Services which would
otherwise be provided remotely, or revoke applicable warranties.</p>

<p><b>10. Products Upgrades</b><br>
Only eligible Products purchased from Vallant.biz or a Vallant.biz
authorized reseller, and certain non-Vallant.biz products identified by
Vallant.biz from time to time, is eligible for the Vallant.biz Upgrade
Allowance Program ("UAP"). The price of Products upgrades under the UAP
is based upon Customer: (a) owning, possessing and using the Products
being upgraded for at least ninety (90) days prior to upgrading, and
(b) returning to Vallant.biz the Products or non-Vallant.biz products
being traded in as part of the upgrade ("Trade-in Products") within
sixty (60) days of upgrade delivery to Customer site. If the Trade-in
Products is not returned within sixty (60) days, Vallant.biz may bill
back and Customer agrees to pay promptly the full amount of any upgrade
allowance. Customer warrants that it has good and unencumbered title to
the Trade-in Products.</p>

<p><b>11.&nbsp;Warranty</b><br>
11.1 Warranties. Vallant.biz warrants Services in the terms set out in
Service Suplement.<br>
11.2 EXCEPT AS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE HEREBY EXCLUDED TO
THE MAXIMUM EXTENT PERMITTED BY LAW.<br>
<b><br>
12. Nuclear Applications</b><br>
Customer acknowledges that Products and Services are not designed or
intended for use in the design, construction, operation or maintenance
of any nuclear facility.</p>

<p><b>13. Import and Export Laws</b><br>
Products, Services and technical data delivered by Vallant.biz may be
subject to EU and U.S. export controls or the trade laws of other
countries. Customer will comply with all such laws and obtain all
licenses to export, re-export or import as may be required after
delivery to the Customer. Customer will not export or re-export to
entities on the most current EU and U.S. export exclusion lists or to
any country subject to EU and U.S. Embargo or terrorist controls as
specified in the EU and U.S. export laws. Customer will not use or
provide Products, Services, or technical data for nuclear, missile, or
chemical biological weaponry end uses.</p>

<p><b>14. Trademarks, Logos and Product Designs</b><br>
Customer may refer to Products and Services by the associated
Vallant.biz Trademarks, provided that such reference is not misleading
and complies with Vallant.biz's Trademark and Logo Policies. Customer
may not remove or alter any Vallant.biz Trademarks, nor may it co-logo
Products or Services. Customer agrees that any use of Vallant.biz
Trademarks by Customer will inure to the sole benefit of Vallant.biz.
Customer agrees not to incorporate any Vallant.biz Trademarks into
Customer's trademarks, service marks, company names, internet
addresses, domain names, or any other similar designations.</p>

<p><b>15. Publicity</b><br>
Unless Customer is an individual person, Vallant.biz may use Customer's
name in promotional materials, including press releases, presentations
and customer references regarding the sale of Products or Services.
These permissions are free of charge for worldwide use in any medium.
Vallant.biz will obtain Customer's prior approval for publicity that
contains claims, quotes, endorsements or attributions by Customer.</p>

<p><b>16. Intellectual Property Claims</b><br>
16.1 Vallant.biz will indemnify Customer for its reasonably incurred
legal expenses and will defend or settle, at Vallant.biz's option and
expense, any legal proceeding brought against Customer, to the extent
that it is based on a claim that Products or Services infringe a third
party's patent, trade secret, or copyright. Vallant.biz will pay all
such expenses, together with damages and costs awarded by the court
which finally determines the case, or are incurred in its settlement,
if Customer:<br>
&nbsp;&nbsp;(a) gives written notice of the claim promptly to
Vallant.biz;<br>
&nbsp;&nbsp;(b) gives Vallant.biz sole control of the defense and
settlement of the claim;<br>
&nbsp;&nbsp;(c) Customer provides to Vallant.biz, at Vallant.biz's
expense, all available information and assistance;<br>
&nbsp;&nbsp;(d) Customer does not compromise or settle such claim;
and<br>
&nbsp;&nbsp;(e) Customer is not in material breach of this
Agreement.<br>
16.2 If Products or Services are found to infringe, or in Vallant.biz's
sole discretion are likely to be the subject of a claim, Vallant.biz
will:<br>
&nbsp;&nbsp;(a) obtain for the Customer the right to continue to use
such Products or receive such Services;<br>
&nbsp;&nbsp;(b) replace or modify the Products so they become
noninfringing, or provide the Services in a noninfringing manner;
or<br>
&nbsp;&nbsp;(c) if neither (a) nor (b) is reasonably achievable, remove
such Products or cease providing such Services and refund their net
book value.<br>
16.3 Vallant.biz has no obligation under this Section 16 to the extent
any claim results from:<br>
&nbsp;&nbsp;(a) use of Products or Services in combination with any
third-party equipment, software or data;<br>
&nbsp;&nbsp;(b) Vallant.biz's compliance with designs or specifications
of Customer;<br>
&nbsp;&nbsp;(c) modification of Products or Services other than at
Vallant.biz's direction; or<br>
&nbsp;&nbsp;(d) use of an allegedly infringing version of Products, if
Customer could have avoided the alleged infringement by using a
different version that Vallant.biz had made available to
Customer.<br>
16.4 This Section 16 states the entire liability of Vallant.biz and the
exclusive remedies of Customer for claims that Products infringe third
party Intellectual Property Rights.</p>

<p><b>17. Limitation of Liability</b><br>
17.1 Each party acknowledges the full extent of its own liability,
arising from: (a) death or personal injury resulting from its negligent
acts or omissions; or (b) breach of any applicable license grant.
Additionally, the nonexcludable statutory rights of consumers (for
example, under laws providing for strict product liability) are not
affected.<br>
17.2 Except for breach of any applicable license grant and to the
extent not prohibited by applicable law:<br>
&nbsp;&nbsp;(a) except for claims of nonpayment, each party's maximum
aggregate liability to the other for claims relating to this Agreement,
whether for breach or in tort, including negligence, is limited to U.S.
$2,000,000; and<br>
&nbsp;&nbsp;(b) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT,
PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION
WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING LOSS OF BUSINESS,
REVENUE, PROFITS, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR
OTHER ECONOMIC ADVANTAGE), HOWEVER THEY ARISE, WHETHER FOR BREACH OR IN
TORT, INCLUDING NEGLIGENCE, EVEN IF THAT PARTY HAS BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.<br>
17.3 Liability for damages will be limited and excluded, even if any
exclusive remedy provided for in this Agreement fails of its essential
purpose.<br>
17.4 Some jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or
exclusion may not apply to Customer.</p>

<p><b>18. Intellectual Property Rights And Licenses</b><br>
18.1 Deliverables. Vallant.biz shall own all Intellectual Property
Rights in the Deliverables. Rights not expressly granted under this
Agreement are reserved to Vallant.biz.<br>
18.2 Deliverables License.<br>
&nbsp;&nbsp;(a) License scope. Vallant.biz grants to Customer a
non-exclusive and non-transferable license to use Deliverables for its
internal use only, subject to any restrictions set out in the order or
Confirmation as to the permitted number of users and CPUs, geographic
limitation and duration of use.<br>
&nbsp;&nbsp;(b) Use of tools and updates. Tools may be accessed only by
authorized Customer contacts for the sole purpose of diagnosing and
resolving problems on systems indicated on the applicable Support
Schedule ("Covered Systems"). The provision of a subsequent release or
error correction to Software previously licensed will not alter any
warranty on such Software, and such subsequent releases or error
corrections may be used or accessed only in connection with the use of
Covered Systems.<br>
&nbsp;&nbsp;(c) License restrictions. Except as prohibited by
applicable law, Customer may not: (i) make copies of Deliverables,
other than for archival purposes; or (ii) modify, decompile, or
reverse-engineer Deliverables.<br>
18.3 Binary Code License.<br>
&nbsp;&nbsp;(a) Upon Customer's receipt of Software and in accordance
with the terms of this Agreement, Vallant.biz grants to Customer a
nonexclusive and nontransferable license for the internal use only of
the Software, by the number of users and the class of computer hardware
for which the applicable fee has been paid. Software that is not
licensed by Vallant.biz as the original licensor is subject to the
license terms of the original licensor; Vallant.biz may include
additional license terms in Supplemental License Terms or in a license
packaged with the Software.<br>
&nbsp;&nbsp;(b) Restrictions. Software is confidential and copyrighted.
Except as specifically authorized in any Supplemental License Terms,
Customer may not make copies of Software, other than a single copy of
Software for archival purposes. Customer may not modify, decompile, or
reverse-engineer Software. Customer may not publish or provide the
results of any benchmark or comparison tests run on Software to any
third party without the prior written consent of Vallant.biz.<br>
&nbsp;&nbsp;(c) Termination. This license is effective until
terminated. Customer may terminate this license at any time by
destroying all copies of Software. This license will terminate
immediately without notice from Vallant.biz if Customer fails to comply
with any material provision of this Agreement. Upon Termination,
Customer must destroy all copies of Software.<br>
&nbsp;&nbsp;&nbsp;(d) EU Government Rights. If the Software is being
acquired by or on behalf of the EU Government or by a EU Government
prime contractor or subcontractor (at any tier), then the Government's
rights in the Software and accompanying documentation shall be only as
set forth in this Agreement.<br>
&nbsp;(e) U.S. Government Rights. If the Software is being acquired by
or on behalf of the U.S. Government or by a U.S. Government prime
contractor or subcontractor (at any tier), then the Government's rights
in the Software and accompanying documentation shall be only as set
forth in this Agreement; this is in accordance with 48 CFR 227.7201
through 227.7202-4 (for Department of Defense (DoD) acquisitions) and
with 48 CFR 2.101 and 12.212 (for non-DoD acquisitions).</p>

<p><b>19. Systems Support</b><br>
19.1 Customer Sites. Services will be delivered to the sites ("Customer
Sites") and for the Covered Systems. Customer will give Vallant.biz at
least thirty (30) days' written notice prior to relocating Covered
Systems, which notice must specify the new site. Support of relocated
systems is subject to local availability and may be subject to
additional fees, and to inspection and recertification of the relocated
systems at Vallant.biz's applicable time and materials rates.<br>
19.2 Problem Avoidance. Customer will perform routine system
preventative maintenance and cleaning. Before requesting support from
Vallant.biz, Customer will comply with all applicable operating and
troubleshooting procedures, as posted on a Vallant.biz knowledge
database or as otherwise provided by Vallant.biz. If such efforts are
unsuccessful in eliminating the malfunction, Customer will promptly
notify Vallant.biz. Customer will establish and maintain a procedure
external to Covered Systems for reconstruction of lost or altered
files, data, or programs.<br>
19.3 Qualified Personnel. Requests for hardware and software support
may be made only by Customer personnel who (a) possess the necessary
expertise and training (as from time to time defined by Vallant.biz) to
diagnose and resolve system software malfunctions with direction by
Vallant.biz, and (b) are designated as "Contacts" in accordance with
the applicable Service Listing or SOW.<br>
19.4 Additional Systems. Customer may add systems to a confirmed order
for a period coterminous with the term of the order at Vallant.biz's
then-current, pro-rated, per-system fee, upon written notice to
Vallant.biz, subject to Vallant.biz's rights of inspection. Vallant.biz
will provide to Customer an add-on Confirmation reflecting the
additional Covered Systems and fees.<br>
19.5 Inspections. Covered Systems are subject to inspection by
Vallant.biz prior to the commencement of systems support, and any costs
for required repairs or updates will be charged to Customer at
Vallant.biz's applicable time and materials rates.<br>
19.6 Exclusions. Support Services for Covered Systems do not include
support required due to the following events ("Excluded Events"):<br>
&nbsp;&nbsp;(a) improper use, abuse, accident, or neglect;<br>
&nbsp;&nbsp;(b) alterations, modifications, or attempts to repair
Covered Systems not authorized by Vallant.biz;<br>
&nbsp;&nbsp;(c) causes external to a Covered System, such as failure to
maintain environmental conditions within the operating range specified
by the manufacturer;<br>
&nbsp;&nbsp;(d) attachment of a Covered System to equipment, software,
or other items not listed on Vallant.biz's then current Enterprise
Services price list;<br>
&nbsp;&nbsp;(e) relocations or attempts to relocate Covered Systems;
or<br>
&nbsp;&nbsp;(f) failure to maintain software and/or Covered Systems at
Vallant.biz-specified minimum release levels or configurations
necessary to keep a Covered System within the terms of Vallant.biz's
then-current end of life support policy, or to properly install
remedial replacement parts, patches, software updates or subsequent
releases as directed by Vallant.biz.<br>
Services that Vallant.biz delivers as a result of an Excluded Event
will be invoiced separately at Vallant.biz's applicable time and
materials rates, and are subject to the terms and conditions of this
Agreement.<br>
19.7 Eligible Systems. Systems support is available only for systems
which are covered by a valid software license and are in good working
condition. Systems placed under an accepted order for systems support
prior to the expiration of: (a) Vallant.biz's warranty; or (b) an
existing Vallant.biz support agreement, automatically will be deemed to
be in good working condition.<br>
19.8 Eligible Systems - Other. If a system does not qualify for support
under Sections 19.5 and 19.7, Vallant.biz reserves the right to
determine whether any system problem occurring during the first ninety
(90) days of support coverage is attributable to a condition predating
the commencement of support coverage, and to bill Customer at
Vallant.biz's applicable time and materials rates to correct such
problem and return such system to eligible condition.</p>

<p><b>20. On-site Materials</b><br>
Customer shall segregate, safeguard and designate as the property of
Vallant.biz all parts, spares, equipment or materials which Vallant.biz
places on a Customer Site and for which title is not transferred to
Customer ("On-Site Materials"). On-Site Materials may only be used by
authorized personnel consistent with the terms of the applicable
Service Listing or SOW. Customer shall have no right or interest in the
On-Site Materials, and shall not grant any liens or security interests
therein. Customer will return On-Site Materials to Vallant.biz, with a
bill of lading, freight charges prepaid and fully insured, within ten
(10) days of the termination of the applicable Confirmation. Customer
assumes all risk of loss or damage to On-Site Materials that may occur
prior to their return and receipt by Vallant.biz.</p>

<p><b>21. Customer Obligations</b><br>
21.1 General. The delivery of Services is conditioned upon Customer's
fulfillment of all applicable Customer requirements. In addition to
those requirements specified elsewhere in this Agreement and the
Service List, Customer will provide Vallant.biz personnel with:<br>
&nbsp;&nbsp;(a) reasonable and safe access to all facilities and
systems as required by Vallant.biz to perform purchased Services;
and<br>
&nbsp;&nbsp;(b) a functional work environment and adequate, on-site
working space and facilities (including access to hardware, software,
telephone, copier, fax, LAN and Internet connection, tape drive,
conference rooms, and printing facilities) as reasonably required by
Vallant.biz to perform the Services. Vallant.biz will not bridge any
firewall to gain access to a system.<br>
Any additional service which Vallant.biz provides as a result of
Customer's failure to fulfill its requirements will be billed
separately.<br>
21.2 No Recruiting. Without the prior written consent of Vallant.biz,
Customer shall not recruit any personnel assigned by Vallant.biz to
perform any Services designated as consulting services for Customer
until one (1) year after completion of the applicable Services.
"Recruit" means to initiate personal contact for the purposes of
hiring, but does not include responding to an an unsolicited
application, responding to an advertisement without direct contact by
Customer, or receiving candidates who are, without Customer
involvement, presented to Customer by a recruiting firm. If Customer
hires personnel in violation of this provision, Customer immediately
will pay Vallant.biz liquidated damages in an amount equal to the hired
employee's projected total compensation for the six (6) months
preceding the date of hiring.</p>

<p><b>22. Term &amp; Termination</b><br>
22.1 Term. This Agreement is effective as of its acceptance, and
continues in effect for so long as an accepted order is in effect
hereunder.<br>
22.2 Termination for Cause. Either party may terminate an accepted
order: (a) immediately upon written notice to the other party of a
non-remedial material breach; or (b) immediately, by written notice to
the other party, if the other party fails to cure any remedial material
breach within thirty (30) days of being notified of such breach,
provided, however, that no right of cure shall apply to Customer's
failure to timely pay all amounts due.<br>
22.3 Termination for Convenience. Customer may cancel education
Services for convenience in accordance with the cancellation policies
issued by Vallant.biz Education Services, which cancellations may
result in the assessment of a cancellation fee. Either party may
terminate consulting Services for convenience on sixty (60) days'
written notice to the other party. Upon termination of a consulting
Service, Vallant.biz will deliver to Customer: (a) any property of
Customer in Vallant.biz's possession or control in good condition,
reasonable wear and tear excepted, and (b) subject to receipt of
payment for consulting Services rendered through the date of
termination of the consulting Service, all Deliverables, whether
finished or unfinished.<br>
22.4 Effect of Termination. Neither party shall be liable for any
damages arising out of the termination of this Agreement, any purchase
order or Confirmation in accordance with its terms, but such
termination shall not affect any right to recover: (a) damages
sustained by reason of material breach; or (b) any payments which may
be owing under this Agreement or any applicable Confirmation.</p>

<p><b>23. General</b><br>
23.1 Severability. If any provision of this Agreement is held invalid
by any EU land U.S. law or regulation or by any EU and U.S. court
having valid jurisdiction, such invalidity will not affect the
enforceability of other provisions.<br>
23.2 Force Majeure. A party is not liable under this Agreement for
nonperformance caused by events or conditions beyond that party's
control if the party makes reasonable efforts to perform. This
provision does not relieve Customer of its obligation to make payments
then owing.<br>
23.3 All written notices required by this Agreement must be delivered
in person or by means evidenced by a delivery receipt or acknowledgment
and will be effective upon receipt. Except for modifications to this
Agreement, each notice communicated in electronic form will be
considered to be written.<br>
23.4 This Agreement is not intended to create a partnership, franchise,
joint venture, agency, or a fiduciary or employment relationship.
Neither party may bind the other party or act in a manner which
expresses or implies a relationship other than that of independent
contractor.<br>
23.5 Compliance with Data Privacy Laws. Customer shall comply with all
applicable laws regarding the collection and use of any personal data
compiled under this Agreement, and hereby consents to Vallant.biz's use
and processing of Customer's data and that of its employees for all
purposes contemplated under this Agreement.<br>
23.6 Waiver or Delay. Any express waiver or failure to exercise
promptly any right under this Agreement will not create a continuing
waiver or any expectation of nonenforcement.<br>
23.7 Governing Law. Slovenia law and controlling EU law govern any
action related to this Agreement. Neither the choice of law rules of
any jurisdiction nor the United Nations Convention on Contracts for the
International Sale of Goods apply. The venue for litigation will be the
appropriate courts located in Maribor, Slovenia.<br>
23.8 Assignment. Neither party may assign or otherwise transfer any of
its rights or obligations under this Agreement without the prior
written consent of the other party, except that Vallant.biz may assign
its right to payment and may assign this Agreement to an affiliated
company.<br>
23.9 Availability. Services may not be available in certain locations,
and Deliverables may vary between locations. Services are subject to
availability of qualified Vallant.biz personnel and facilities and/or
may be subject to additional costs or terms and conditions or to
payment of minimum applicable fees. Vallant.biz may modify the Service
Listing at any time; provided, however, that Vallant.biz will continue
to provide Deliverables as set forth in the Service Listing or SOW in
effect on the date the relevant Confirmation was issued.<br>
23.10 Subcontractors. Vallant.biz may use subcontractors in the
performance of its obligations under this Agreement, in which case
Vallant.biz will remain responsible for the delivery of Services.<br>
23.11 Order of Precedence. If any inconsistencies arise between the
provisions of this Agreement, any Service Listing and/or Confirmation
or SOW, the following order of precedence shall apply in order of
priority:<br>
&nbsp;&nbsp;(1) this Agreement;<br>
&nbsp;&nbsp;(2) the applicable price list, Service Listing or SOW;
and<br>
&nbsp;&nbsp;(3) the applicable Confirmation.<br>
23.12 Entire Agreement and Survival. This Agreement and the Vallant.biz
Terms of Use (at <a title="Terms and Conditions of use" href="terms-and-conditions-of-use.html" target="_self">http://vallant.biz/legal-stuff/terms-and-conditions-of-use.html</a>),
as applicable, are the parties' entire agreement relating to their
subject matter. They supersede all prior or contemporaneous oral or
written communications, proposals, conditions, representations and
warranties and prevail over any conflicting or additional terms of any
quote, order, acknowledgment or other communication between the parties
relating to their subject matter during the term of this Agreement and
the Vallant.biz Terms of Use. Rights and obligations under this
Agreement which by their nature should survive, will remain in effect
after termination of this Agreement.</p>

<h1>Services Supplement</h1>

<p><b>1. Scope</b><br>
This Services Supplement ("Supplement") together with the Vallant.biz
Standard Sales Terms ("Master Terms") establishes the terms and
conditions applicable to purchases of Services from the Vallant.biz
Store Catalog ("Catalog," each Service offering a "Catalog Entry").
Certain Services may require the execution of an addendum or Statement
of Work ("SOW") to this Supplement. Capitalized terms not otherwise
defined herein have the meanings assigned to them in the Master
Terms.</p>

<p><b>2. Delivery</b><br>
Vallant.biz will accept orders for Services submitted on Vallant.biz
Store by issuing a Schedule, acknowledgment and/or invoice (each a
"Confirmation") to Customer. Each Confirmation, together with the
Master Terms, this Supplement and the applicable Catalog Entries
constitute a separate, integrated agreement. Vallant.biz may require a
formal purchase order in connection with certain Vallant.biz Store
orders. Vallant.biz will perform tasks and provide Customer with
specific tangible items ("Deliverables") in accordance with the
Services descriptions contained in the applicable Catalog Entries
and/or SOWs (accessible through the "More Info" feature and/or other
aspects of Vallant.biz Store), subject to the terms of this Supplement.
Services are solely for Customer's internal use, and may not be
provided or resold to third parties.</p>

<p><b>3. Consulting Services</b><br>
All services designated as "Consulting Services" will be provided
pursuant to a SOW. By ordering Consulting Services under this
Supplement, Customer accepts the terms of the applicable on-line SOW,
if any, identified in the Catalog. Consulting Services are expressly
limited to those tasks and Deliverables identified in the SOW. Customer
shall have no right to control the processes and/or methodologies
employed by Vallant.biz in the performance of Consulting Services. For
time and materials projects, Vallant.biz may discontinue Consulting
Services in order to prevent exceeding the funding level authorized by
Customer, in which case Vallant.biz will make reasonable efforts to
give Customer prior notice and submit any Deliverables to Customer,
regardless of their completion status.</p>

<p><b>4. Remote Services</b><br>
By purchasing any Services which are delivered remotely, Customer (i)
commits to procure and maintain a Vallant.biz-specified gateway at
Customer's expense, (ii) gives Vallant.biz permission to access
remotely Customer's systems, and (iii) assumes responsibility for all
outbound telecommunications charges related to the remote Services. If
Customer fails to facilitate remote Services, Vallant.biz may decline
to deliver such Services and/or assess additional charges or other
conditions for the delivery of Services which would otherwise be
provided remotely, and/or revoke any applicable warranties.</p>

<p><b>5. Systems Support</b><br>
5.1 Customer Sites. Services will be delivered to the site(s)
("Customer Site(s)") and for the systems indicated on the applicable
Schedule ("Covered Systems"). Customer will give Vallant.biz at least
thirty (30) days' written notice prior to relocating Covered Systems,
which notice must specify the new site. Support of relocated systems is
subject to local availability and may be subject to additional fees,
and to inspection and recertification of the relocated systems at
Vallant.biz's applicable time and materials rates.<br>
5.2 Problem Avoidance. Customer will perform routine system
preventative maintenance and cleaning. Prior to requesting support from
Vallant.biz, Customer will comply with all applicable operating and
troubleshooting procedures, as posted on a Vallant.biz knowledge
database or as otherwise provided by Vallant.biz. If such efforts are
unsuccessful in eliminating the malfunction, Customer will then
promptly notify Vallant.biz. Customer will establish and maintain a
procedure external to Covered Systems for reconstruction of lost or
altered files, data, or programs.<br>
5.3 Qualified Personnel. Customer acknowledges that the examination,
replacement, and handling of hardware components can be hazardous.
Customer will use qualified service personnel and employ adequate
safety precautions in the performance of its obligations hereunder.
Requests for hardware and software support may be made only by Customer
personnel who (i) possess the necessary expertise and training (as from
time to time defined by Vallant.biz) to diagnose and resolve system
software malfunctions with direction by Vallant.biz, and (ii) are
designated as "Contacts" in accordance with the applicable Catalog
Entries.<br>
5.4 Additional Systems. Customer may add systems to a Schedule for a
period coterminous with the term of the Schedule at Vallant.biz's
then-current, pro-rated, per-system fee, upon written notice to
Vallant.biz, subject to Vallant.biz's rights of inspection. Vallant.biz
will provide to Customer an add-on Schedule reflecting the additional
Covered Systems and associated additional fee.<br>
5.5 Inspections. Covered Systems are subject to inspection by
Vallant.biz prior to the commencement of systems support, and any costs
for required repairs or updates will be charged to Customer at
Vallant.biz's applicable time and materials rates.<br>
5.6 Exclusions. Support Services for Covered Systems do not include
support required due to the following events ("Excluded Events"):<br>
(a) improper use, abuse, accident, or neglect;<br>
(b) alterations, modifications, or attempts to repair Covered Systems
not authorized by Vallant.biz;<br>
(c) causes external to a Covered System, such as failure to maintain
environmental conditions within the operating range specified by the
manufacturer;<br>
(d) attachment of a Covered System to equipment, software, or other
items not listed on Vallant.biz's then current Enterprise Services
Price List;<br>
(e) relocations or attempts to relocate Covered Systems; or<br>
(f) failure to maintain software and/or Covered Systems at
Vallant.biz-specified minimum release levels or configurations
necessary to keep a Covered System within the terms of Vallant.biz's
then-current end of life support policy, or to properly install
remedial replacement parts, patches, software updates or subsequent
releases as directed by Vallant.biz. Services delivered by Vallant.biz
as a result of an Excluded Event will be invoiced separately at
Vallant.biz's applicable time and materials rates, and are subject to
the terms and conditions of the Master Terms and this Supplement.
Operating supplies and accessories, such as magnetic tapes and
anti-glare coatings on video display monitors, and unsupported options
are not covered by this Supplement.</p>

<p><b>6. On-site Materials</b><br>
Customer shall provide a safe and secure location for all parts,
spares, equipment or materials which Vallant.biz places on a Customer
Site and for which title is not transferred to Customer ("On-Site
Materials"). On-Site Materials may only be used by persons possessing
the necessary expertise and training (as defined by Vallant.biz from
time to time) to provide hardware maintenance for the systems for which
Customer has purchased support. Customer shall clearly segregate
On-Site Materials and clearly designate them as the property of
Vallant.biz. Customer shall have no right or interest in the On-Site
Materials, and shall not grant any liens or security interests therein.
Customer will return On-Site Materials to Vallant.biz, with a bill of
lading, freight charges prepaid and fully insured, within ten (10) days
of the termination of the applicable Schedule. Customer assumes all
risk of loss or damage to On-Site Materials that may occur prior to
their return and receipt by Vallant.biz.</p>

<p><b>7. Intellectual Property Rights And Licenses</b><br>
7.1 Intellectual Property Rights. "Intellectual Property Rights" means
all worldwide<br>
(1) patents, patent applications, and patent rights;<br>
(2) rights associated with works of authorship including copyrights,
copyright applications, copyright restrictions, mask work rights, mask
work applications, and mask work registrations;<br>
(3) rights relating to the protection of trade secrets and confidential
information;<br>
(4) moral rights;<br>
(5) rights analogous to those set forth herein and any other
proprietary rights relating to intangible property; and<br>
(6) divisions, continuations, renewals, reissues, and extensions of the
foregoing (as applicable) now existing or hereafter filed, issued, or
acquired. Each party will retain ownership of all Intellectual Property
Rights to its pre-existing work. Any enhancements, modifications and
derivatives thereto included in a Deliverable shall be owned by
Vallant.biz. Vallant.biz's preexisting work shall be deemed to include
the pre-existing work of its subcontractors. All right, title, and
interest in and to Deliverables, including all Intellectual Property
Rights pertaining thereto, will be owned by Vallant.biz. Vallant.biz
may fully exploit, under the laws of any jurisdiction and without any
obligation to notify, obtain authorization from, or account to
Customer, all rights with respect to Deliverables.<br>
7.2 Licenses. Deliverables are subject to the license that accompanies
such Deliverable or as provided in an applicable SOW. To the extent
that a Deliverable constitutes an update, version release, product
release, maintenance release, patch or derivative work prepared by
Vallant.biz or on Vallant.biz's behalf for a licensed Product or
Deliverable ("Subsequent Deliverable"), it shall be subject to the
license governing the original Product or Deliverable; provided
however, that the use or application of any Subsequent Deliverable
shall not change any term or condition of any warranty applicable to
the original Product or Deliverable.<br>
7.3 General License. For all Deliverables not covered by Section 7.2,
Vallant.biz hereby grants to Customer, subject to and conditioned upon
the Customer's compliance with the terms of this Supplement, a limited,
royalty-free, non-exclusive, non-transferable, worldwide license to
use, modify, and reproduce for Customer's internal use only, the
portions of the Deliverables which contain Vallant.biz Intellectual
Property to the extent necessary for Customer to use the Deliverables
in accordance with the terms of the applicable Catalog Entry or SOW.
Vallant.biz reserves all of the rights not granted in this Section 7,
including but not limited to any Intellectual Property Rights, in
Vallant.biz pre-existing work and any enhancements, modifications and
derivatives thereto. No right to sublicense Deliverables or their
content is granted.<br>
7.4 License Limitations. Except as expressly stated in this Section 7,
no other license, right or interest with respect to a Product or
Service is granted to Customer for any purpose. Nothing in this Section
7 modifies any license agreement between the parties or grants Customer
any right or license to any Vallant.biz product or Intellectual
Property Rights. Software updates, version releases, product releases,
maintenance releases and patches may be used or accessed only by those
Covered Systems for which such Deliverable was specifically licensed.
Knowledge databases may only be accessed by authorized Customer
contacts for the sole purpose of diagnosing and resolving problems on
Covered Systems. Educational software, courseware, tests and answers,
surveys, reports or videotape products may only be used, during their
specified term, for the enumerated number of times, for a specified
number of students or individuals, or as otherwise limited in the
applicable Catalog Entry or documentation accompanying any such
Deliverable. Vallant.biz or its independent audit firm may, upon
reasonable notice, examine and audit the records, systems and
liabilities of Customer to ensure compliance with any license granted
by Vallant.biz.</p>

<p><b>8. Customer Obligations</b><br>
8.1 General. The delivery of Services is conditioned upon Customer's
fulfillment of all applicable Customer requirements. In addition to
those requirements specified elsewhere in this Supplement, the Master
Terms and the Catalog, Customer will provide Vallant.biz personnel
with:<br>
(a) reasonable and safe access to all facilities and systems as
required by Vallant.biz to perform purchased Services and<br>
(b) a functional work environment and adequate, on-site working space
and facilities (including access to hardware, software, telephone,
copier, fax, LAN and internet connection, tape drive, conference rooms,
and printing facilities) as reasonably required by Vallant.biz to
perform the Services. Vallant.biz will not bridge any firewall to gain
access to a system. Any additional service which Vallant.biz provides
as a result of Customer's failure to fulfill its requirements will be
billed separately.<br>
8.2 No Recruiting. Without the prior written consent of Vallant.biz,
Customer shall not recruit any personnel assigned by Vallant.biz to
perform work for Customer by Vallant.biz until one (1) year after
completion of the applicable Services. "Recruit" as used in this
Section shall mean a personal contact initiated for the purposes of
hiring. This Section does not prohibit Customer from hiring Vallant.biz
personnel who submit an unsolicited application, respond to an
advertisement without direct contact by Customer, or are, without
Customer involvement, presented to Customer by a recruiting firm. If
Customer hires personnel in violation of this provision, in recognition
of the difficulty of ascertaining the actual amount of damages,
Customer immediately will pay Vallant.biz liquidated damages in an
amount equal to the hired employee's projected total compensation for
the six (6) months following the date of hiring.<br>
8.3 Compliance with Data Privacy Laws. Customer shall comply with all
applicable laws regarding the collection and use of any personal data
compiled under this Supplement.<br>
8.4 Indemnity. Customer will defend, indemnify, and hold Vallant.biz
harmless from and against any and all loss, damage, liability and
expense (including reasonable attorneys' fees and costs) arising out of
any claim, action or proceeding by any current, former or prospective
employee of Customer, based on Customer's, or Customer's employees’,
affiliates’ or agents’, use, modification and/or reproduction of
Consulting Services or the data or reports generated by such Consulting
Services.</p>

<p><b>9. Prices</b><br>
The price for a Service is the price set forth in the Catalog or SOW on
the date Customer submits an order for a Service on the Vallant.biz
Store. Vallant.biz may modify its prices (i) for education services
ordered on Vallant.biz Store, at any time ninety (90) days after
Customer's order; (ii) upon renewal of any Schedule, or (iii) for any
new order. Except as provided otherwise in the Catalog, all prices are
non-discountable and exclusive of (i) reasonable travel expenses in the
amount actually incurred by Vallant.biz and (ii) reasonable and
necessary out-of-pocket expenses associated with Consulting Services
and training and education programs purchased by Customer, each of
which will be billed separately. Transportation and insurance charges
will be collected from, or if prepaid, will be subsequently invoiced
to, Customer.</p>

<p><b>10. Confidential/Proprietary Information</b><br>
The following materials are designated as confidential or proprietary
information: the Vallant.biz knowledge database, the content of any
proposed or delivered education services or Consulting Services, all
Vallant.biz support manuals, documentation and software, and all
Vallant.biz-supplied materials that bear a proprietary rights notice
("PRN"). Customer shall not change, hide, remove or otherwise alter the
PRN in whole or in part and shall include Vallant.biz's PRN on any copy
Customer is permitted to make of such materials. Customer may not
disclose such confidential or proprietary information, may use it only
for purposes specifically contemplated in this Supplement, and must
treat it with the same degree of care as it does its own similar
information, but with no less than reasonable care. This Section 10
will not affect any other confidential disclosure agreement between the
parties.</p>

<p><b>11. Term &amp; Termination</b><br>
11.1 Term. This Supplement is effective as of its acceptance, and
continues in effect for so long as an accepted order is in effect
hereunder.<br>
11.2 Termination for Cause. Either party may terminate an accepted
order: (i) immediately upon written notice to the other party of a
non-remedial material breach; or (ii) immediately, by written notice to
the other party, if the other party fails to cure any remedial material
breach within thirty (30) days of being notified of such breach,
provided, however, that no right of cure shall apply to Customer's
failure to timely pay all amounts due.<br>
11.3 Termination for Convenience. Customer may cancel education
Services for convenience in accordance with the cancellation policies
issued by Vallant.biz Education Services, which cancellations may
result in the assessment of a cancellation fee. Either party may
terminate Consulting Services for convenience on sixty (60) days'
written notice to the other party. Upon termination of a Consulting
Service, Vallant.biz will deliver to Customer (i) any property of
Customer in Vallant.biz's possession or control in good condition,
reasonable wear and tear excepted, and (ii) subject to receipt of
payment for Consulting Services rendered through the date of
termination of the Consulting Service, all Deliverables, whether
finished or unfinished.<br>
11.4 Effect of Termination. Neither party shall be liable for any
damages arising out of the termination of this Supplement, any purchase
order or Confirmation in accordance with its terms, but such
termination shall not affect any right to recover: (i) damages
sustained by reason of material breach; or (ii) any payments which may
be owing under this Supplement or any applicable Confirmation. Rights
and obligations under this Supplement which by their nature should
survive, will remain in effect after termination of this
Supplement.</p>

<p><b>12. Miscellaneous</b><br>
12.1 Availability. Services may not be available in all locations, are
subject to availability of qualified Vallant.biz personnel and
facilities and/or may be subject to additional costs or terms and
conditions or to payment of minimum applicable fees. Vallant.biz may
modify the Catalog at any time; provided, however, that Vallant.biz
will continue to honor Customer's existing coverage as set forth in the
applicable Catalog Entry in effect on the date the associated
Confirmation was issued. The foregoing notwithstanding, Vallant.biz
reserves the right to make Service substitutions and modifications at
any time that do not cause a materially adverse effect in overall
Service performance.<br>
12.2 Subcontractors. Vallant.biz may use subcontractors in the
performance of its obligations under this Supplement in which case
Vallant.biz will remain responsible for the delivery of Services.<br>
12.3 Catalog Terms. Terms not otherwise defined in the Catalog Entries
shall have the meanings assigned to them in this Supplement.<br>
12.4 Order of Precedence. If any inconsistencies or conflicts arise
between the provisions of this Supplement, the Master Terms, any
Catalog Entry and/or Confirmation or SOW, the following order of
precedence shall apply in order of priority:<br>
(1) SOW (if applicable);<br>
(2) applicable Catalog Entry;<br>
(3) this Supplement;<br>
(4) the Master Terms; and<br>
(5) applicable Confirmation. This Supplement will control the purchase
of Services through the Vallant.biz Store notwithstanding the existence
of an existing purchase agreement between Vallant.biz and Customer.</p>

<p>13.&nbsp;<b>Warranty.</b> Vallant.biz warrants that Services will be
performed in a good and workmanlike manner.<br>
13.2 <b>Exclusive remedy.</b> Company's sole and exclusive remedy and
Vallant.biz's entire liability for breach of the above warranty will be
reperformance of Services.<br>
13.3 <b>Claims.</b> Any claim for breach of the above warranty must be
made in writing and notified to Vallant.biz within 90 days of
performance of the Services at issue.</p>
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                  <item>
                      <title>Privacy Statement</title>
                      <link>http://www.vallant.si/legal-stuff/privacy-statement.html</link>
                      <description>Vallant.biz Online Privacy Statement.</description>
                      <author>primoz</author>
                      <pubDate>Thu, 16 Feb 2006 16:07:38 +0100</pubDate>
                      
   <content:encoded>
       <![CDATA[
<p>Vallant.biz has created this privacy statement in order to
demonstrate our firm commitment to privacy. The following discloses our
information gathering and dissemination practices for <a href="file:///C:/Documents%20and%20Settings/primula/My%20Documents/My%20Web%20Sites/vallant.biz/">
vallant.biz</a> website.</p>

<h2>Information Collection and Use</h2>

<p>Vallant.biz is the sole owner of the information collected on this
site. We will not sell, share, or rent this information to others in
ways different from what is disclosed in this statement. Vallant.biz
collects information from our users at several different points on our
website.</p>

<h2>Log Files</h2>

<p>We use your IP addresses to analyze trends, help diagnose problems
with our server, administer our Web site, track user’s movement, help
identify you and your shopping cart, and gather broad demographic
information for aggregate use. IP addresses are not linked to
personally identifiable information.</p>

<h2>Cookies</h2>

<p>A cookie is a piece of data stored on the user’s hard drive
containing information about the user. Usage of a cookie is in no way
linked to any personally identifiable information while on our site.
Once the user closes their browser, the cookie simply terminates. For
instance, by setting a cookie on our site, the user would not have to
log in a password more than once, thereby saving time while on our
site. If a user rejects the cookie, they may still use our site. The
only drawback to this is that the user will be limited in some areas of
our site. For example, the user will not be able to participate in any
of our Sweepstakes, Contests or monthly Drawings that may take place.
Cookies can also enable us to track and target the interests of our
users to enhance the experience on our site.</p>

<p>Our site uses cookies to keep track of your shopping cart and to
make sure you don't see the same ad repeatedly. We use cookies to
deliver content specific to your interests and to save your password so
you don't have to re-enter it each time you visit our site.</p>

<p>We may use an outside ad company to display ads on our site. These
ads may contain cookies. While we use cookies in other parts of our Web
site, cookies received with banner ads are collected by our ad company,
and we do not have access to this information. Some customer data is
shared with the advertising companies.</p>

<h2>Registration</h2>

<p>In order to use parts of this website and some services offered on
this site, a user must first complete the registration form. During
registration a user is required to give their contact information (such
as name and email address). This information is used to contact the
user about the services on our site, send information about our company
and contact the visitor when necessary for which they have expressed
interest. It is optional for the user to provide demographic
information (such as income level and gender), and unique identifiers
(such as social security number), but encouraged so we can provide a
more personalized experience on our site. Users may opt-out of
receiving future mailings; see the choice/opt-out section below.</p>

<h2>Links</h2>

<p>This web site contains links to other sites. Please be aware that
Vallant.biz is not responsible for the privacy practices or the content
of such other sites. We encourage our users to be aware when they leave
our site and to read the privacy statements of each and every web site
that collects personally identifiable information. This privacy
statement applies solely to information collected by this Web site.</p>

<h2>Sharing</h2>

<p>We will share aggregated demographic information with our partners
and advertisers. This is not linked to any personal information that
can identify any individual person.</p>

<p>We use an outside credit card processing company <a href="http://www.shareit.com/">ShareIt!</a> to bill users for our
products and services. These companies do not retain, share, store or
use personally identifiable information for any secondary purposes.</p>

<p>We partner with another party to provide specific services. When the
user signs up for these services, we will share names, or other contact
information that is necessary for the third party to provide these
services.</p>

<p>These parties are not allowed to use personally identifiable
information except for the purpose of providing these services.</p>

<h2>Order</h2>

<p>Our site uses an order form for customers to request information,
products, and services. We collect visitor's contact information (like
their email address and shipping address) and financial information
(like their account or credit card numbers and expiration date).
Contact information from the order form is used to fill customer’s
orders and to send information about our company to our customers. The
customer's contact information is also used to get in touch with the
visitor when necessary and if have trouble processing an order.
Financial information that is collected is used to bill the user for
products and services. Users may opt-out of receiving future mailings;
see the choice/opt-out section below.</p>

<h2>Surveys &amp; Contests</h2>

<p>From time-to-time our site may requests information from users via
surveys or contests. Participation in these surveys or contests is
completely voluntary and the user therefore has a choice whether or not
to disclose this information. Information requested may include contact
information (such as name, email address and shipping address), and
demographic information (such as zip code, age level). Contact
information will be used to notify the winners and award prizes. Survey
information will be used for purposes of monitoring or improving the
use and satisfaction of this site and to send the user information
about our company. The customer's contact information is also used to
contact the visitor when necessary. Users may opt-out of receiving
future mailings; see the choice/opt-out section below.</p>

<h2>Newsletter</h2>

<p>If a user wishes to subscribe to our newsletter, we ask for contact
information such as name and email address.</p>

<h2>Tell-A-Friend/eMail this</h2>

<p>If a user elects to use our referral service for informing a friend
about our site, we ask them for the friend’s name and email address.
Vallant.biz will automatically send the friend a one-time email
inviting them to visit the site. Vallant.biz stores this information
for the sole purpose of sending this one-time email. The friend may
contact Vallant.biz at <a title="Contacts" href="resolveuid/8965f17dc948af3f3b287097b6161990" target="_self">contacts</a> to request the removal of this information
from our database.</p>

<h2>Public Forums</h2>

<p>This site may make chat rooms, forums, message boards, and/or news
groups available to its users. Please remember that any information
that is disclosed in these areas becomes public information and you
should exercise caution when deciding to disclose your personal
information.</p>

<h2>Security</h2>

<p>This website takes every precaution to protect our user's
information (protect the loss, misuse and alteration of the information
under our control). When users submit sensitive information via the
website, your information is protected both online and off-line.</p>

<p>When our registration/order form asks users to enter sensitive
information (such as credit card number and/or social security number),
that information is encrypted and is protected with the best encryption
software in the industry - SSL. While on a secure page, such as our
order form, the lock icon on the bottom of Web browsers such as
Netscape Navigator and Microsoft Internet Explorer becomes locked, as
opposed to un-locked, or open, when you are just ‘surfing’. To learn
more about SSL, follow this link <a href="http://www.ssl.com/">http://www.ssl.com</a>.</p>

<p>While we use SSL encryption to protect sensitive information online,
we also do everything in our power to protect user-information
off-line. All of our users’ information, not just the sensitive
information mentioned above, is restricted in our offices. Only
employees who need the information to perform a specific job (for
example, our billing clerk or a customer service representative) are
granted access to personally identifiable information. Furthermore, ALL
employees are kept up-to-date on our security and privacy
practices.&nbsp; Every quarter, as well as any time new policies are
added, our employees are notified and/or reminded about the importance
we place on privacy, and what they can do to ensure our customers’
information is protected. Finally, the computers that we store
personally identifiable information on are kept in a secure
environment.</p>

<p>If you have any questions about the security at our website, you can
contact us at <a title="Contacts" href="resolveuid/8965f17dc948af3f3b287097b6161990" target="_self">contacts</a>.</p>

<h2>Supplementation of Information</h2>

<p>In order for this website to properly fulfill its obligation to our
customers, it may be necessary for us to supplement the information we
receive with information from 3rd party sources.</p>

<p>For example, to determine if our customers qualify for one of our
credit cards, we may use their name and social security number to
request a credit report. Once we determine a user’s credit-worthiness,
this document is destroyed.</p>

<p>(or)</p>

<p>In order for this website to enhance its ability to tailor the site
to an individual’s preference, we may combine information about the
purchasing habits of users with similar information from our partners,
to create a personalized user profile. When a user makes a purchase
from either of these two companies, the companies collect and share
that purchase information with us so we can tailor the site to our
users’ preferences.</p>

<h2>Special Offers</h2>

<p>We send all new members a welcoming email to verify password and
username. Established members will occasionally receive information on
products, services, special deals, and a newsletter. Out of respect for
the privacy of our users we present the option to not receive these
types of communications. Please see our choice and opt-out below.</p>

<h2>Site and Service Updates</h2>

<p>We also send the user site and service announcement updates. Members
are not able to un-subscribe from service announcements, which contain
important information about the service. We communicate with the user
to provide requested services and in regards to issues relating to
their account via email or phone.</p>

<h2>Choice/Opt-Out</h2>

<p>Our users are given the opportunity to ‘opt-out’ of having their
information used for purposes not directly related to our site at the
point where we ask for the information. For example, our order form has
an ‘opt-out’ mechanism so users who buy a product from us, but don’t
want any marketing material, can keep their email address off of our
lists.</p>

<p>Users who no longer wish to receive our newsletter or promotional
materials from our partners may opt-out of receiving these
communications by replying with unsubscribe in the subject line in the
email or email us at address given at <a title="Contacts" href="resolveuid/8965f17dc948af3f3b287097b6161990" target="_self">contacts</a>.</p>

<p>Users of our site are always notified when their information is
being collected by any outside parties. We do this so our users can
make an informed choice as to whether they should proceed with services
that require an outside party, or not.</p>

<p>Our site provides users the opportunity to opt-out of receiving
communications from us at the point where we request information about
the visitor.</p>

<p>This site gives users the following options for removing their
information from our database to not receive future communications or
to no longer receive our service.</p>

<ol start="1">
<li>You can send reply to the email with unsubscribe in the subject
line in the email</li>

<li>You can visit the <a title="Contacts" href="resolveuid/8965f17dc948af3f3b287097b6161990" target="_self">contacts</a> and use given addresses to ‘opt-out’.</li>
</ol>

<h2>Correction/Updating Personal Information</h2>

<p>If a user’s personally identifiable information changes (such as
your zip code), or if a user no longer desires our service, we will
endeavor to provide a way to correct, update or remove that user’s
personal data provided to us. This can usually be done at the member
information page or by emailing our Customer Support.</p>

<p>This site gives users the following options for changing and
modifying information previously provided.</p>

<ol start="1">
<li>You can visit <a title="Contacts" href="resolveuid/8965f17dc948af3f3b287097b6161990" target="_self">contacts</a> and use given addresses&nbsp;for updating
or correcting personal information.</li>
</ol>

<h2>Notification of Changes</h2>

<p>If we decide to change our privacy policy, we will post those
changes on our Homepage so our users are always aware of what
information we collect, how we use it, and under circumstances, if any,
we disclose it. If at any point we decide to use personally
identifiable information in a manner different from that stated at the
time it was collected, we will notify users by way of an email. Users
will have a choice as to whether or not we use their information in
this different manner. We will use information in accordance with the
privacy policy under which the information was collected.</p>

<h2>Contacting the Web Site</h2>

<p>If you have any questions about this privacy statement, the
practices of this site, or your dealings with this Web site, you can
contact us&nbsp;at <a title="Contacts" href="resolveuid/8965f17dc948af3f3b287097b6161990" target="_self">contacts</a>.</p>
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                      <title>Copyright Notice</title>
                      <link>http://www.vallant.si/legal-stuff/copyright-notice.html</link>
                      <description>Vallant.si Copyright Notice.</description>
                      <author>primoz</author>
                      <pubDate>Thu, 16 Feb 2006 16:07:38 +0100</pubDate>
                      
   <content:encoded>
       <![CDATA[
<p>All content of <a target="_self" href="../">Vallant.si</a> website
is exclusive Copyright © 1991-2010 by Primoz Vallant, SI-2351 Kamnica,
Slovenia, EU. All rights reserved. Only if explicitly otherwise stated,
than it's Copyright of the named ones.</p>

<h2 style="text-align: left;">Copyrights and Copyright Agent</h2>

<p>Vallant.si is committed to respecting others' intellectual property
rights, and we ask our users to do the same. Vallant.si may, in its
sole discretion, terminate the accounts or access rights of users who
violate others' intellectual property rights.</p>

<p>If you believe that your work has been copied in a way that
constitutes copyright infringement on our Website, please deliver the
following information to Vallant.si 's Copyright Agent:</p>

<ol start="1">
<li>a description of the copyrighted work that you claim has been
infringed;</li>

<li>an electronic or physical signature of the person authorized to act
on behalf of the copyright owner;</li>

<li>a description of where the material that you claim is infringing is
located on our Website;</li>

<li>your address, telephone number, and email address so that we can
contact you;</li>

<li>a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or
the law; and</li>

<li>a statement by you, made under penalty of perjury, that the
information in your notice to us is accurate and that you are the
copyright owner or authorized to act on the copyright owner's
behalf.</li>
</ol>

<p>Vallant.si 's Copyright Agent for notice of claims of copyright
infringement on our Website can be reached using addresses at <a target="_self" href="resolveuid/8965f17dc948af3f3b287097b6161990" title="Contacts">contacs</a>.</p>
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