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

Legal Notice

© Copyright 1989-2019 Videomail, Inc. All rights reserved. VideoMail, the Videomail logo design, VMC-1, VMC-2, VMC-3, VMC-6, and VMC-7 are trademarks of Videomail, Inc. DigiTV® is a registered trademark of Videomail, Inc. All other brand names, product names, company names, trademarks or registered trademarks are the property of their respective owner(s). 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, at its sole option, 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(s) of all relevant information and to 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(s). 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 as expected could reasonably be expected to result in death, personal injury, property damage or environmental damage. It is the customer's sole responsibility to ensure that adequate design, transportation, storage, operating and maintenance 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., whether by postal mail, written or electronic communication, E-mail, facsimile, or Internet, Web or E-commerce, 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 within the time period due, and buy Videomail's product[s], service[s], and/or proprietary intellectual property, to transport, store and utilize Videomail's product[s], service[s], and/or proprietary intellectual property only for the permissible and 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 certified U.S. Dollar instruments drawn on U.S. banks. The consignee is responsible for payment of all applicable national, state, local, customs, drop-off, pick-up and destination taxes, duties, levies, fees and surcharges, as well as Carriage, Insurance, and Freight (CIF) costs, fuel, labor, shipping, handling, documentation, transit and storage charges, surcharges, duties, levies and taxes. 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 comittment 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, FUNCTIONALITY 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, Inc. with all Carriage, Insurance, and Freight (CIF) costs, taxes, levies, duties, fees, charges and surcharges PRE-PAID by the customer, in original, unused and undamaged condition within 30 calendar days from the date of sale and must be accompanied by a Return Merchandise Authorization ("RMA") obtained by the customer from Videomail, Inc. prior to return shipment. A minimum 20% restocking charge applies to all returned merchandise, and is subject to change without notice. Refunds will not be issued for software, Developer Kits, consumable items, film, media, or for national, state, local, customs, drop-off, pick-up and destination taxes, duties, levies, fees and surcharges, as well as Carriage, Insurance, and Freight (CIF) costs, fuel, labor, shipping, handling, documentation, transit and storage charges, surcharges, duties, levies and taxes. All sales are considered to be FINAL upon shipment. Videomail, Inc., at its sole discretion, reserves the right to decline any and all request(s) for refund or for Return Merchandise Authorization(s). All prices, price and availability quotations, and product specifications and/or functionality 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 ANY 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(s) has been damaged during shipment or by accident, abuse, misuse, modification, misapplication, or service by any person or entity other than Videomail, Inc. or its authorized agent. This Limited Warranty does not cover any national, state, local, customs, drop-off, pick-up and destination taxes, duties, levies, fees and surcharges, as well as Carriage, Insurance, and Freight (CIF) costs, fuel, labor, shipping, handling, documentation, transit and storage charges, surcharges, duties, levies and taxes. To be eligible for Limited Warranty service, a Videomail product deemed to be defective must be shipped to Videomail, Inc. via insured freight service at the sole 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, Inc. Videomail, Inc. reserves the sole right to, and shall not incur any liability whatsoever therefor, refuse to accept return shipment(s) that are deemed, at the sole discretion of Videomail, Inc., to be improper, incomplete or not covered by this Limited Warranty. . Videomail, Inc. does not warrant that its product(s) will meet the Purchaser's requirements; it is the Purchaser's sole responsibility to independently assess and determine the suitability and fitness of Videomail, Inc.'s product(s) for the Purchaser's intended purpose(s) prior to making a purchase decision, regardless of any oral, written or electronically-communicated information the Purchaser may have received from Videomail, Inc. or its authorized 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 PRODUCT(S), AT ITS SOLE OPTION, THAT ARE DEEMED TO BE DEFECTIVE, AT ITS SOLE DISCRETION, 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, PROFITS OR COMMISSION, OR LOSS OF OR DAMAGE TO DATA, GOODWILL, TANGIBLE OR INTANGIBLE ASSETS, PROPERTY OR SOURCE(S) OF INCOME, OR PROPERTY OR EQUIPMENT USED DIRECTLY OR INDIRECTLY IN CONJUNCTION WITH VIDEOMAIL, INC.'s PRODUCTS, SERVICES OR INTELLECTUAL PROPERTY) OR LIABILITY IN TORT RELATING TO ITS PRODUCTS, SERVICES OR INTELLECTUAL PROPERTY OR RESULTING FROM USE, MISUSE, POSSESSION, STORAGE OR TRANSPORTATION OF ITS PRODUCTS, SERVICES OR INTELLECTUAL PROPERTY.

End-User License Agreement

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

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

Upon acceptance of this License Agreement by a SINGLE End-User, Videomail, Inc. grants to that SINGLE End-User a SINGLE non-exclusive license, for a time period limited by Videomail, Inc. at its sole option and discretion, for restricted use of the software, documentation and other information supplied with Videomail, Inc.'s product(s) or downloaded from Videomail, Inc.'s website, provided that the SINGLE End-User agrees to all of the following:

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

  2. Copyright and Trademark Rights.
    The software, documentation and other information supplied with Videomail, Inc.'s product(s) or downloaded from Videomail, Inc.'s website is valuable property owned by Videomail, Inc. and/or licensed from its supplier(s), and all the tangible and intangible information contained therein, including but not limited to its content, architecture, structure, organization and code are the valuable trade secrets of Videomail, Inc. and/or its supplier(s). Aforesaid software, documentation and other information is protected by United States Trademark and Copyright Law and International Treaty provisions. The SINGLE End-User may use trademarks only insofar as required to comply with Section 1 of this License Agreement, and only in accordance with accepted trademark practice, including conspicuous and notorious identification of trademark owner's name, whether registered or unregistered. Such permitted use of any trademark(s) does not give the SINGLE End-User any rights of ownership in said trademark(s). Without any exceptions, this License Agreement does not grant any End-User any intellectual property ownership rights whatsoever in Videomail, Inc.'s products, services and/or proprietary intellectual property or in the software, documentation and other information supplied with Videomail, Inc.'s product(s) or downloaded from Videomail, Inc.'s website.

  3. Restrictions.
    The SINGLE End-User must agree NOT TO modify, edit, alter, adapt, translate, reverse-engineer, de-compile, disassemble or otherwise attempt to discover the content, architecture, structure, organization, memory and programmed instructions, data and meta-data including, but not limited to, analog, digital, power, RF and programmable logic PLD, CPLD or FPGA circuitry or functionality, RAM, ROM and PROM data and fuse-maps, electrical circuitry, mechanical, bracket and chassis design, circuit-board and mask-work layout, EMI and emission interference safeguards, safety features, source code and binary code of the software, documentation and other information supplied with Videomail, Inc.'s product(s) or downloaded from Videomail, Inc.'s website.

  4. No Warranty.
    The software, documentation and other information supplied with Videomail, Inc.'s product(s) or downloaded from Videomail, Inc.'s website is delivered to the SINGLE End-User "AS IS". Videomail, Inc. makes no warranty or claims as to its use or performance. VIDEOMAIL, INC. AND ITS SUPPLIER(S) DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS ANY END-USER MAY OR MAY NOT OBTAIN BY USING THE SOFTWARE, DOCUMENTATION AND OTHER INFORMATION SUPPLIED WITH VIDEOMAIL, INC.'S PRODUCT(S) OR DOWNLOADED FROM VIDEOMAIL, INC.'S WEBSITE. VIDEOMAIL, INC. AND ITS SUPPLIER(S) 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, INC.'S PRODUCT(S) OR DOWNLOADED FROM VIDEOMAIL, INC.'S WEBSITE. IN NO EVENT SHALL VIDEOMAIL, INC. OR ITS SUPPLIER(S) BE LIABLE TO ANY END-USER, ITS SUCCESSOR(S), OR ASSIGN(S), FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR COMMISSIONS, LOST ASSETS OR PROPERTY, LOST INCOME OR LOST DATA, DIRECT OR INDIRECT DAMAGE TO EQUIPMENT OR TANGIBLE OR INTANGIBLE PROPERTY, OR FOR ANY CLAIM BY ANY THIRD PARTY WHATSOEVER.

  5. Governing Law and General Provisions.
    This License Agreement shall be governed by the laws of the State of California, U.S.A., excluding the application of its conflicts of law rules. This License 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 License Agreement is found by a competent authority to be void and unenforceable, that shall not affect the validity of the remainder of this License Agreement, which shall remain valid and legally enforceable in perpetuity according to its terms. The SINGLE End-User must agree that Videomail, Inc.'s products, services and/or proprietary intellectual property as well as the software, documentation and other information supplied with Videomail, Inc.'s product(s) or downloaded from Videomail, Inc.'s website shall not be shipped, transported, transferred, transmitted or exported to any country or used in any manner prohibited by the United States Export Administration Act and other export laws, sanctions, restrictions and regulations, as amended and updated from time to time. This License Agreement shall automatically terminate upon failure by any End-User to comply with any or all of its terms, at which time that End-User is legally required to immediately refrain from using any and all of Videomail, Inc.'s products, services and/or proprietary intellectual property as well as software, documentation and other information supplied with Videomail, Inc.'s product(s) or downloaded from Videomail, Inc.'s website and to immediately destroy all copies thereof in that End-User's direct or indirect possession, including any and all backup copies. This License Agreement is perpetually binding upon each End-User, successor(s), and assign(s), and may only be modified in writing when duly signed and dated by an authorized officer of Videomail, Inc.