VISUAL MENU SOFTWARE LICENSE AGREEMENT
Visual Menu, known as "VM" is a computer software control designed for Internet browsers for displaying menus. VM is comprised of a file called "vm-menu.js" (also referred to as the Visual Menu Runtime Kernel), and a file called "vm-scroller.js", (also referred to as the Visual Menu Scroller Add-on Module). VM files are generated by Visual Menu Maker.
Visual Menu Maker, known as "VMM" is a free executable program which is a graphical user interface that allows individuals to visually create and generate menus which use VM. Unless express consent is granted by VisualMenu.com, VMM may only be distributed by VisualMenu.com
BEFORE USING VM and VMM, CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS WHICH INCLUDE THE SOFTWARE LICENSE AND LIMITED WARRANTY (collectively called the "Agreement"). INSTALLING OR USING VISUAL MENU INDICATES YOUR ACCEPTANCE OF THE AGREEMENT. IF YOU DO NOT ACCEPT OR AGREE WITH THESE TERMS YOU SHOULD REMOVE THE SOFTWARE FROM YOUR COMPUTER.
VM FRAME SUPPORT IS LIMITED TO BEING ABLE TO OPEN WEB PAGES IN FRAMES AND INTERNAL FRAMES. MENUS IN ONE FRAME CANNOT OPEN SUBMENUS IN ANOTHER FRAME. FRAMES MAY APPEAR OVER MENUS AND OBSCURE MENUS ON SOME BROWSERS.
VM MAY NOT WORK PROPERLY IN CONJUNCTION WITH BROWSER PLUGIN AND ACTIVE X® OBJECTS SUCH AS JAVA™.
CODE MODIFICATION
VM AND VMM ARE NOT OPEN SOURCE. VM AND VMM ARE COPYRIGHTED SOFTWARE, OWNED BY VISUALMENU.COM.
You may NOT modify VM.
You may NOT modify VMM.
You MAY modify files generated by VMM, with exception to the VM files: "vm-menu.js" and "vm-scroller.js".
By violating VisualMenu.com's copyright, or by using versions of VM or VMM that have violated VisualMenu.com's copyright — or in other words, by creating or using "hacked" versions, you consent to being charged a $5,000.00 USD fine, per day.
REFUNDS
VMM comes with a full-featured 30 evaluation program. For this reason, VMM IS NON-REFUNDABLE. If you feel there is some extraordinary reason for you to receive a product refund, you must contact visualmenu.com and explain why, in writing. If we refuse to give you a refund or you fail to contact visualmenu.com about
receiving a refund, and you succeed in obtaining a refund that we do not authorize, you are consenting to being charged a $5,000.00 USD
Unauthorized Refund Fee.
EVALUATION USAGE
VM and VMM may be used for evaluation purposes for 30 days. After this point, if you decide not to
purchase the product, any menus generated by VMM should be removed from your websites and/or local servers.
LICENSE TYPES
Single User: Allows a single individual to develop VM content and to place VM on an unlimited number of websites or Intranets that he/she owns or has been hired to provide VM content for. VMM may be installed on an unlimited number of machines, but these machines must be owned by the organization that owns the license. The Single Developer who owns the license must be the sole developer of VM content.
Universal: A Universal License applies to, and is owned by a Site. A Site is a physical location or division of a company or other type of institution. An unlimited number of developers at a Site can develop VM content and place VM on an unlimited number of websites or Intranets that the Site's company owns or that the Site has been hired to provide VM content for. VMM may be installed on an unlimited number of machines in a Site. The Site must be the sole developer of VM content.
RESTRICTIONS
You may NOT use, copy, modify, or transfer VM or the documentation, or any copy in whole or in part, except as expressly provided for in this license or by express written consent from VisualMenu.com
You may NOT rent, lease, or sell this license without the express written consent from VisualMenu.com.
You may NOT charge money for redistributing VM, although you are free to charge customers a fee in order to install or configure menus which use VM.
You may NOT modify or adapt VM or the documentation in whole or in part, including but not limited to translation or creating derivative works.
Decompile VMM.
You may not use VM or VMM in whole or in part, in conjunction with other menu generation programs.
You may not use VM on the website of a competing web menu company.
You may NOT reveal passwords to third parties.
You may NOT remove or modify copyright notices.
You may NOT modify the files "vm-menu.js" or "vm-scroller.js".
You may NOT modify any file in VMM.
NATURAL LANGUAGE COMPATIBILITY
VM and VMM are compatible with all languages with exception to languages that are read from Right-to-Left. These include Arabic, Hebrew, and Urdu.
LOST SOFTWARE AND RECEIPTS
It is recommended that you create a backup copy of VM, VMM, and your order receipt, and store them in a safe location. You are solely
responsible for these items, and VisualMenu.com reserves the right to deny the recovery of these items or charge you a recovery fee for them.
HIGH RISK ACTIVITIES
VM is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of VM could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). VisualMenu.com expressly disclaims any express or implied warranty of fitness for High Risk Activities.
TERMINATION
This Agreement and your license to use VM will automatically terminate
without notice if you fail to comply with any provision of this
Agreement. Upon termination, you must destroy all copies of VM. All
disclaimers of warranties and limitation of liability set forth in this
Agreement shall survive any termination of this Agreement.
LIMITATIONS OF REMEDIES AND LIABILITY
VISUALMENU.COM DISCLAIMS ALL LIABILITY AND VISUALMENU.COM DISCLAIMS ALL
OTHER WARRANTIES OR CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM
A COURSE OF DEALING OR USAGE OF TRADE. No modification or addition to this
warranty is authorized unless it is set forth in writing, references this
Agreement, and is signed on behalf of VISUALMENU.COM by an authorized official.
IN NO EVENT WILL VISUALMENU.COM
OR ITS DIRECT OR INDIRECT SUPPLIERS BE LIABLE FOR ANY OTHER DAMAGES WHATSOEVER
INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO
USE VM OR PROGRAMS CREATED BY VM, EVEN IF VISUALMENU.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In particular, VISUALMENU.COM
and its suppliers are not responsible for any costs including, without limitation,
loss of business profits, business interruption, loss of business information,
the cost of recovering such information, the cost of substitute software,
or claims by third parties. No oral or written information given by VISUALMENU.COM,
its agents or employees shall create a warranty. IN NO CASE SHALL ANY DIRECT
OR INDIRECT SUPPLIERS OF VISUALMENU.COM BEAR ANY LIABILITY FOR ANY REASON
WHATSOEVER AND IN NO CASE SHALL VISUALMENU.COM LIABILITY EXCEED THE AMOUNT
OF THE LICENSE FEE ACTUALLY PAID BY YOU. THIS AGREEMENT GIVES YOU CERTAIN
LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS UNDER LOCAL LAW, SO SOME OF THE ABOVE
MAY NOT APPLY OR MAY BE LIMITED. FOR EXAMPLE, SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
GENERAL
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts,
United States of America, both as to interpretation and performance.
COMPLETE AGREEMENT
This License constitutes the entire agreement between the parties with respect
to the use of VM, programs created by VM, and related
documentation, and supersedes all prior or contemporaneous understandings or
agreements, written or oral, regarding such subject matter. No amendment to
or modification of this License will be binding unless in writing and signed
by a duly authorized representative of VisualMenu.com.
If you have any questions concerning this Agreement, or otherwise wish to contact a support person, please contact us and we will be pleased to help you. You can obtain contact information at the URL below: