Legal Notice
Privacy Policy
Life-Support Policy
Terms and Conditions of Sale
Limited Warranty
End-User License Agreement

Legal Notice

© Copyright 1989-2010 Videomail, Inc. All rights reserved. VideoMail, the Videomail logo design, VMC-6, and VMC-7 are trademarks of Videomail, Inc. All other brand names, product names, and company names are trademarks or registered trademarks of their respective owners. Videomail, Inc. reserves all rights to discontinue or make changes in any or all of its products, services and/or proprietary intellectual property, the specifications thereof, as well as in the information presented on this web-site at any time and without notice. Product specifications and web-site contents are subject to change without notice. The information presented on this web-site is reasonably believed to be accurate, may contain proprietary and/or patent-pending intellectual property of the company, and may reflect technical recommendations and/or opinions of the company. Such information is disclosed on an "as-is" basis only for the purpose of convenience of reference, and contains no warranties whatsoever, express or implied. Videomail, Inc. makes no guarantee or warranty concerning any oral, written, or electronically communicated information, including, but not limited to, the information presented on this web-site. VIDEOMAIL, INC. SHALL NOT, IN ANY EVENT, BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM INTERRUPTION OF SERVICE, LOSS OF BUSINESS, OR DAMAGE TO PROPERTY OR EQUIPMENT) OR LIABILITY IN TORT RELATING TO THE USE OF, MISUSE OF, OR RELIANCE UPON, SAID INFORMATION. Videomail, Inc. does not guarantee that the use of any information contained herein will not infringe upon the patent or other rights of third parties, and no patent or other licence is implied hereby. The information presented on this web-site does not in any way extend Videomail, Inc.'s warranty on any of its products, services, and/or proprietary intellectual property beyond that set forth in its standard Limited Warranty and/or its standard Terms and Conditions of Sale. Any and all testing, burn-in, and/or other quality-control techniques utilized by Videomail, Inc. in the manufacture of its products, its services, and/or its proprietary intellectual property are performed only to the extent Videomail, Inc. deems necessary to support its Limited Warranty as set forth herein. Notwithstanding the information presented on this web-site, visitors to this web-site and all customers are hereby strongly cautioned and encouraged to obtain and verify the latest version of relevant information and independently and completely evaluate the usefulness, applicability and/or fitness of the company's products, services and/or proprietary intellectual property for the intended purpose(s), or lack thereof, as well as the company's Limited Warranty, Terms and Conditions of Sale, Life-Support Policy, Privacy Policy, and End-User License Agreement prior to making any purchase decision. Videomail, Inc. assumes no liability for applications assistance, technical support, or customers' product design and/or integration, with regard to Videomail, Inc.'s products, services and/or proprietary intellectual property. Neither any information presented on this web-site, nor this web-site in its entirety, is to be construed as an advertisement for the company's products, services and/or proprietary intellectual property, or any inducement to buy, sell or hold the company's products, services, proprietary intellectual property, stock, debt, or any tangible or intangible assets, liabilities, or instruments whatsoever. Any entities other than Videomail, Inc. mentioned on this web-site are included herein for convenience of reference only. Their mention on this web-site does not imply any fiducial, financial, commercial, subsidiary, ownership, partnership or any other beneficial or non-beneficial relationship whatsoever with Videomail, Inc. Conversely, the exclusion of entities from mention on this web-site does not imply lack of a fiducial, financial, commercial, subsidiary, ownership, partnership or any other beneficial or non-beneficial relationship whatsoever with Videomail, Inc. At its sole option, Videomail, Inc. reserves the right, without obligation of private or public acknowledgement or notification to any party or entity except as required by law, to sell, co-sell or re-sell products, services and/or intellectual property developed, produced and/or manufactured by one or more third parties, either "as-is", or with or without any addition or reduction in tangible or intangible value, functionality, features or specifications. Any third-party products, services and/or proprietary intellectual property mentioned on this web-site are included herein for convenience of reference only. Their mention on this web-site does not imply any evaluation, approval, warranty, recommendation, endorsement, or addition or reduction in tangible or intangible value, functionality, features or specifications by Videomail, Inc., or any compatibility or other beneficial or non-beneficial relationship whatsoever with products, services and/or proprietary intellectual property of Videomail, Inc. Conversely, the exclusion of third-party products, services or proprietary intellectual property from mention on this web-site does not imply lack of any evaluation, approval, warranty, recommendation or endorsement by Videomail, Inc., or lack of any compatibility or other beneficial or non-beneficial relationship whatsoever with products, services and/or proprietary intellectual property of Videomail, Inc.

Privacy Policy

Videomail, Inc. maintains mailing lists and contact information of current and prospective customers solely for internal marketing purposes as well as for disseminating information about new products and technologies. It is Videomail, Inc. policy to maintain such mailing lists and contact information as EXTREMELY PRIVATE AND CONFIDENTIAL data, not to be sold, bartered or exchanged. However, upon receipt of oral, written or electronic communication with the word "REMOVE" in the subject line, or in the event that this Privacy Policy is intentionally or unintentionally violated due to employee or third-party actions that disregard Videomail, Inc. directives, VIDEOMAIL, INC.'s SOLE OBLIGATION AND LIABILITY SHALL BE LIMITED TO MAKING BEST EFFORTS TO PROMPTLY AND EXPEDITIOUSLY DELETE SUCH CONTACT INFORMATION FROM ITS MAILING LISTS. VIDEOMAIL, INC. SHALL NOT, IN ANY EVENT, BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF PRIVACY) OR LIABILITY IN TORT RELATING TO THE MAINTENANCE OF, USE OF, MISUSE OF, OR RELIANCE UPON SAID MAILING LISTS AND CONTACT INFORMATION.

Life-Support Policy

Videomail Inc.'s products, services and/or proprietary intellectual property are NOT INTENDED for use as critical components in life-support and/or other critical applications, appliances, devices, or systems in which the failure of a Videomail, Inc. product[s], service[s], and/or proprietary intellectual property to perform could reasonably be expected to result in death, personal injury, or severe property or environmental damage. It is the customer's sole responsibility to ensure that adequate design and operating safeguards are provided in applications utilizing Videomail Inc.'s products, services and/or proprietary intellectual property to eliminate inherent, potential, and/or operating hazards.

Terms and Conditions of Sale

Receipt of a Purchase Order(s) by Videomail, Inc., whether by postal mail, written or electronic communication, E-mail, facsimile, or Internet, Web or E-commerce, shall be deemed to be the perpetual, full and unconditional acceptance by the Purchaser, its successor(s) and assign(s), of Videomail, Inc.'s lawful Legal Notice, Privacy Policy, Life-Support Policy, Terms and Conditions of Sale, Limited Warranty, and End-User License Agreement, as modified from time to time, all of which are publicly stated herein. Furthermore, any and all Purchase Order(s) received by Videomail, Inc. shall be deemed to be perpetual and legally binding Non-Cancellable Non-Returnable ("NCNR") committment(s) by the Purchaser, its successor(s) and assign(s), to pay in full and buy Videomail's product[s], service[s], and/or proprietary intellectual property, to transport, store and use Videomail's product[s], service[s], and/or proprietary intellectual property only for the intended purpose(s) and always in a lawful manner, and to dispose of and/or recycle Videomail's product[s], service[s], and/or proprietary intellectual property in a lawful manner. Videomail, Inc. reserves all rights to impose cancellation penalties for Purchase Orders cancelled prior to shipment from Videomail, Inc. All sales invoice(s) for shipment(s) made by Videomail, Inc. against Purchase Orders received are payable in full per the terms stated therein, regardless of whether said shipment(s) is accepted or rejected by Customer or Customer's agent. Videomail, Inc.'s Terms of Sale are prepaid, COD (U.S. only, certified funds) or net 30 days (qualified accounts only). All international orders must be prepaid only. All prices are in U.S. Dollars F.O.B. Santa Clara, California, USA. Remittances must be payable in Federal funds (wire transfers) or in U.S. Dollar instruments drawn on U.S. banks. The consignee is responsible for payment of all applicable state, local, customs, pick-up and destination taxes and fees, as well as Carriage, Insurance, and Freight. All shipment claims must be received in written, facsimile, or electronically communicated form within thirty (30) calendar days of shipment from Videomail, Inc. Videomail, Inc. reserves all rights to reject any and all Purchase Orders and/or Applications for Credit Terms at any time without notice to any party, and without incurring any liability whatsoever. Any offer by Videomail, Inc. to sell its products, services and/or proprietary intellectual property, and/or any price or availability quotation submitted by Videomail, Inc. in any form, does not imply a binding committment to sell. Any and all such offers and quotations, including but not limited to pricing and availability quotations, may be withdrawn by Videomail, Inc. at any time without notice to any party, and without incurring any liability whatsoever. VIDEOMAIL, INC. SHALL NOT, IN ANY EVENT, BE LIABLE TO ANY PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM INTERRUPTION OF SERVICE, LOSS OF BUSINESS, OR LOSS OF PROFITS OR COMMISSIONS) OR LIABILITY IN TORT RELATING TO CHANGES IN PRICE, AVAILABILITY, SPECIFICATIONS, OR VIDEOMAIL, INC.'S FAILURE TO SHIP ANY OR ALL OF ITS PRODUCTS, SERVICES, AND/OR PROPRIETARY INTELLECTUAL PROPERTY. Goods submitted for refund must be received at Videomail, freight prepaid, in original undamaged condition within 30 days from the date of sale and must be accompanied by a Return Merchandise Authorization ("RMA") obtained prior to return shipment. A 20% restocking charge applies to all returned merchandise. Refunds will not be issued for software, Developer Kits, consumable items, film, media, or for Carriage, Insurance, Freight ("CIF") and shipping and handling costs. All sales are considered to be final upon shipment. Videomail, Inc. reserves the right to refuse any and all requests for refund or for Return Merchandise Authorization(s). All prices, price quotations, and product specifications are subject to change without notice. All international orders and shipments are subject to U.S. Government export regulations in effect on the date of sale.

Limited Warranty

Videomail, Inc. offers a Limited Warranty to the original purchaser of its product(s), EXCLUDING Developer Kits, film, media and consumable items, software, documentation and other information supplied with Videomail's product(s) or downloaded from Videomail's website and all revision(s) thereof, that it shall be free of defects resulting from faulty manufacture or defective components for a period of ONE (1) YEAR from the original date of sale. Defects covered by this Limited Warranty shall be corrected either by repair or, at Videomail, Inc.'s sole option, by replacement. In the event of replacement, the replacement unit will be warranted for the remainder of the original ONE (1) YEAR Limited Warranty period or thirty (30) days after shipment, whichever is longer. THERE ARE NO OTHER ORAL, WRITTEN OR ELECTRONICALLY COMMUNICATED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY AND ALL IMPLIED WARRANTIES ARE LIMITED IN DURATION TO ONE (1) YEAR FROM THE ORIGINAL DATE OF SALE. This Limited Warranty is non-transferable and does not apply if the product has been damaged by accident, abuse, misuse, modification, misapplication, shipment or service by any person or entity. This Limited Warranty does not cover any Carriage, Insurance and Freight ("CIF") costs, transit and storage charges, customs duties, or local or destination taxes or fees. To be eligible for Limited Warranty service, a defective Videomail product must be shipped to Videomail via insured freight service at the expense of the purchaser and must be received by Videomail, Inc. within ONE (1) YEAR of the original date of sale and must be accompanied by a copy of the original sales receipt and a Return Merchandise Authorization (RMA) number obtained from Videomail, Inc. prior to return shipment. Any return shipment(s) not accompanied by the aforementioned documentation and RMA authorization number will not be accepted by Videomail. Videomail reserves the right to, and shall not incur any liability whatsoever therefor, refuse to accept return shipment(s) deemed to be improper, incomplete or not covered by this Limited Warranty. . Videomail, Inc. does not warrant that its product(s) will meet your requirements; it is your sole responsibility to independently determine the suitability of Videomail, Inc.'s product(s) for your purpose(s) prior to making a purchase decision, regardless of any oral, written or electronically communicated information you may have received from Videomail, Inc. or its agent(s), and regardless of any information presented on Videomail, Inc.'s public website.

VIDEOMAIL, INC.'s SOLE OBLIGATION AND LIABILITY UNDER THIS WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT OF ITS DEFECTIVE PRODUCT(S), AT ITS OPTION, WITHIN ONE (1) YEAR OF THE ORIGINAL DATE OF SALE. VIDEOMAIL, INC. SHALL NOT, IN ANY EVENT, BE LIABLE TO THE PURCHASER, ITS SUCCESSOR(S) OR ASSIGN(S), OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE(S) (INCLUDING, BUT NOT LIMITED TO, DAMAGE(S) RESULTING FROM INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR PROFITS, OR LOSS OF OR DAMAGE TO DATA, GOODWILL, TANGIBLE OR INTANGIBLE ASSETS, PROPERTY OR SOURCES OF INCOME, OR EQUIPMENT USED IN CONJUNCTION WITH VIDEOMAIL, INC.'s PRODUCTS) OR LIABILITY IN TORT RELATING TO ITS PRODUCTS, SERVICES OR INTELLECTUAL PROPERTY OR RESULTING FROM USE, MISUSE OR POSSESSION OF ITS PRODUCTS, SERVICES OR INTELLECTUAL PROPERTY.

End-User License Agreement

Videomail's End-User License Agreement, as stated herein, accompanies and applies to all products, software, documentation and other information supplied with Videomail's product(s) or downloaded from Videomail's website. The terms and conditions of Videomail's End-User License Agreement, as stated herein, supplant but do not replace any other terms and conditions which apply to Videomail's products, services or intellectual property.

The term "software, documentation and other information" shall also include any upgrade(s), modified version(s) or update(s) licensed by Videomail. DOWNLOADING OF SOFTWARE, DOCUMENTATION OR OTHER INFORMATION FROM VIDEOMAIL'S WEBSITE IS PERMITTED ONLY IF THE END-USER ACCEPTS AND AGREES TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT IN ITS ENTIRETY. PERMISSION TO DOWNLOAD SOFTWARE, DOCUMENTATION OR OTHER INFORMATION FROM VIDEOMAIL'S WEBSITE IS NOT OFFERED AS AN INCENTIVE FOR THE END-USER TO ACCEPT THIS AGREEMENT, SHOULD THE END-USER OTHERWISE NOT WISH TO ACCEPT THIS AGREEMENT.

Upon acceptance of this Agreement by the End-User, Videomail grants to the End-User a non-exclusive license to use the software, documentation and other information supplied with Videomail's product(s) or downloaded from Videomail's website provided that the End-User agrees to the following:

  1. Use of the software, documentation and other information supplied with Videomail's product(s) or downloaded from Videomail's website:

  2. Copyright and Trademark Rights.
    The software, documentation and other information supplied with Videomail's product(s) or downloaded from Videomail's website is owned by Videomail and/or its suppliers, and its structure, organization and code are the valuable trade secrets of Videomail and/or its suppliers. The software, documentation and other information is protected by United States Copyright Law and International Treaty provisions. The End-User may use trademarks only insofar as required to comply with Section 1 of this Agreement, and only in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give the End-User any rights of ownership in that trademark. Except as stated above, this Agreement does not grant the End-User any intellectual property rights in the software, documentation and other information supplied with Videomail's product(s) or downloaded from Videomail's website.

  3. Restrictions.
    The End-User must agree not to modify, edit, alter, adapt, translate, reverse-engineer, decompile, disassemble or otherwise attempt to discover the source code of the software, documentation and other information supplied with Videomail's product(s) or downloaded from Videomail's website.

  4. No Warranty.
    The software, documentation and other information supplied with Videomail's product(s) or downloaded from Videomail's website is being delivered to the End-User "AS IS". Videomail makes no warranty as to its use or performance. VIDEOMAIL AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS THE END-USER MAY OBTAIN BY USING THE SOFTWARE, DOCUMENTATION AND OTHER INFORMATION SUPPLIED WITH VIDEOMAIL'S PRODUCT(S) OR DOWNLOADED FROM VIDEOMAIL'S WEBSITE. VIDEOMAIL AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE IN REGARD TO SOFTWARE, DOCUMENTATION AND OTHER INFORMATION SUPPLIED WITH VIDEOMAIL'S PRODUCT(S) OR DOWNLOADED FROM VIDEOMAIL'S WEBSITE. IN NO EVENT SHALL VIDEOMAIL OR ITS SUPPLIERS BE LIABLE TO THE END-USER FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST ASSETS, LOST INCOME OR LOST DATA, OR FOR ANY CLAIM BY ANY THIRD PARTY.

  5. Governing Law and General Provisions.
    This Agreement will be governed by the laws of the State of California, U.S.A., excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly EXCLUDED. If any part of this Agreement is found to be void and unenforceable, that will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The End-User must agree that the software, documentation and other information supplied with Videomail's product(s) or downloaded from Videomail's website will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by the End-User to comply with any of its terms, upon which the End-User is required to immediately refrain from using any software, documentation and other information supplied with Videomail's product(s) or downloaded from Videomail's website and to immediately destroy all copies thereof in the End-User's possession (including all backup copies). This Agreement may only be modified in writing when signed by an authorized officer of Videomail.