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Video Evaluation License Agreement

This License Agreement is between Visible Systems Corporation (“Licensor”) and the undersigned licensee (“Licensee”).

1. License.
  1. Grant. Licensor hereby grants to Licensee a non-exclusive, limited license (the "License") for the evaluation of the video content owned and operated by Licensor located at www.visible.com. Viewers or users are not permitted the right to download, reproduce and copy for their own personal use the Licensed Content that appears on the Licensor Sites.
  2. Term. The term of the Evaluation License shall be for a period of 3 days from the date hereof (the "Term").
  3. Retention of Ownership. Each party acknowledges that as between the parties, Licensor shall retain ownership or other intellectual property rights with respect to the Licensed Content and the Brands, subject to the grant of licenses hereunder.
  4. General Representations and Warranties. Each party represents and warrants to the other that it has the right to enter into this Agreement and perform its obligations hereunder in the manner contemplated in this Agreement; that this Agreement shall not conflict with any other agreement entered into by it; and that the person executing this Agreement is properly authorized to do so.
  5. Rights. Licensor represents and warrants to Licensee that:

    1. The Licensed Content is owned or licensed by Licensor and to Licensor’s knowledge does not breach or infringe any copyright, common law right, or other right of any third party; and
    2. To the Licensor’s knowledge, the Licensed Content does not contain any matter that is libelous, defamatory or obscene.

2. Certain Limitations. The Licensed Content may not be altered, deleted, or changed without the consent of Licensor, which consent is within the sole discretion of Licensor. The Licensed Content may only be used in a responsible and professional manner by Licensee solely for evaluation purposes and Licensee may not use the Licensed Content in a way that would be offensive, illegal, obscene, misleading, that might cause potential liability to Licensor, or that tarnishes the image of Licensor.

DISCLAIMER & LIABILITY. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 1.iv, LICENSOR HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL OF THE DISCLAIMERS AND LIABILITY LIMITATIONS USED BY LICENSOR WITH RESPECT TO THE LICENSED CONTENT IN THE CURRENT TERMS OF USE AGREEMENT ON THE LICENSOR WEB SITE SHALL BE DEEMED APPLICABLE HERE FOR THE BENEFIT OF LICENSOR. IN NO EVENT WILL LICENSOR BE LIABLE FOR DAMAGES HEREUNDER, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

 
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