Night Visions provides you access to this Web site containing
information, software, and publications on the terms and
conditions outlined below. By using this site, you are agreeing
to these terms and conditions. Night Visions reserves the
right to change these terms and conditions from time to
time in its sole discretion. This document contains:
The information
on this Web site is protected by law, including copyright
law.
COPYRIGHT NOTICE:
Copyright © 1996,2009 Night Visions., All Rights
Reserved. Use, duplication, or disclosure by the United
States Government is subject to the restrictions set forth
in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.
Web site publications:
Except as expressly prohibited on this Web site, you are
permitted to view, copy, print, and distribute documents
within this Web site (such as FAQs, white papers, datasheets,
and so on), subject to your agreement that:
Your use of the
information is for informational, personal, and noncommercial
purposes only.
You will not modify the documents or graphics.
You will not copy
or distribute graphics separate from their accompanying
text and you will not quote materials out of their context.
You will display
the above copyright notice and the below trademark notice
on all documents or portions of documents and retain any
other copyright and other proprietary notices on every
copy you make.
You agree that
Night Visions may revoke this permission at any time and
you shall immediately stop your activities related to
this permission upon notice from Night Visions
The permission
above does not include permission to copy the design elements,
look and feel, or layout of this Web site. Those elements
of the Web site are protected by law, such as trade dress,
trademark, unfair competition, and other laws, and may
not be copied or imitated in any manner.
Notice and procedure
for making claims of copyright infringement
Night Visions will
investigate notices of copyright infringement and take
appropriate actions under the Digital Millennium Copyright
Act, Title 17, United States Code, Section 512(c)(2) ("DMCA").
Pursuant to DMCA, written notification of claimed copyright
infringement must be submitted to the following Designated
Agent for this site:
Service provider(s):
Night Visions
Full address of
designated agent to which notification should be sent:
Night Visions
P.O. Box 86
Spirit Lake, ID 83869
To be effective,
the Notification must include the following:
A physical or electronic
signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
Identification
of the copyrighted work claimed to have been infringed,
or if multiple copyrighted works at a single online site
are covered by a single notification, a representative
list of such works at that site.
Identification
of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information
reasonably sufficient to permit the service provider to
locate the material.
Information reasonably
sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number,
and if available, an electronic mail address at which
the complaining party may be contacted.
A statement that
the complaining party has a good faith belief that use
of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law.
A statement that
the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that
is allegedly infringed.
What is a trademark?
A trademark is
a word, name, symbol, device, design, phrase, sound, or
color adopted and used by Night Visions to identify its
goods and services and to distinguish them from other
goods and services. Trademarks are usually noted with
either a or a ® symbol. In the United States,
a trademark that is noted by a has not been registered
with the United States Patent and Trademark Office and
a trademark noted with an ® has been registered with
the United States Patent and Trademark Office. Trademarks,
however, may also be registered internationally and each
country has different laws regarding the proper notation
of trademarks.
Referential trademark
usage.
You adhere to these
Night Visions Trademark Usage Guidelines.
You do not disparage Night Visions or Night Visions products
and services.
You display your name or logo more prominently than any
Night Visions trademark.
You include a disclaimer that Night Visions does not sponsor,
affiliate, or endorse your product, and/or services.
General trademark
usage guidelines
Use appropriate
markings. Always capitalize the product name and designate
the trademark with the appropriate or ® symbol.
Also, the first usage or most prominent usage of a Night
Visions product name must be used in conjunction with
the Night Visions ® trademark and in the same type
size, font, color and line.
Use Night Visions
trademarks as adjectives. Always use Night Visions trademarks
as adjectives that describe the generic product. A trademark
is an adjective to be used with the noun it modifies.
Do not use any
of Night Visions trademarks as your trademark, service
mark, trade name, domain name, product name, or logo.
Night Visions trademarks identify the goods and services
of Night Visions. No third-party may use any of Night
Visions's trademark as their trademark, service mark,
trade name, domain name, product name, or logo. You must
have your own distinct trademark, service mark, trade
name, domain name, product name, or logo that does not
include any of Night Visions trademarks. You may, however,
referentially use the Night Visions trademarks in connection
with your product. Also, you may not use a variation,
combination, or abbreviation of Night Visions trademarks.
Specific trademark
usage guidelines
Logos. You may
not use any of Night Visions logos (including buttons
and graphic symbols) without a trademark license from
Night Visions. All usage of trademark logos shall be pursuant
to these guidelines and any other guidelines associated
with that logo. You can find Night Visions's logos at
The
Night Visions Community Website
Merchandise items.
You may not manufacture, sell, or give away merchandise
items, such as T-shirts and mugs, bearing Night Visions
trademarks or logos, except pursuant to an express written
trademark license from Night Visions.
Third Party Trademarks
Third party trademarks,
trade names, product names and logos, contained in this
web site may be the trademarks or registered trademarks
of their respective owners.
Should you, or
any viewer of this information, Web site, or publications
respond with information, feedback, data, questions, comments,
suggestions, or the like, any such response shall be deemed
not to be confidential and Night Visions shall be free
to reproduce, use, disclose, and distribute the response
to others, without limitation. You agree that Night Visions
shall be free to use any ideas, concepts or techniques
contained in your response for any purpose whatsoever
including, but not limited to, developing, manufacturing,
and marketing products incorporating such ideas, concepts,
or techniques.
EXCEPT AS EXPRESSLY
PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND Night
Visions, NEITHER Night Visions NOR ANY THIRD PARTY HAS
CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE,
ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, OR COPYRIGHT.
EXCEPT AS EXPRESSLY
PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND Night
Visions, ALL INFORMATION, SOFTWARE, THE WEB SITE, AND
PUBLICATIONS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND AND Night Visions HEREBY DISCLAIMS ALL WARRANTIES
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. IN ADDITION, Night Visions DISCLAIMS
ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.
IN NO EVENT WILL Night Visions BE LIABLE FOR ANY SPECIAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER
RESULTING FROM THE LOSS OF USE, DATA OR PROFITS, WHETHER
IN AN ACTION FOR BREACH OF CONTRACT OR WARRANTY OR TORT
(INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION
WITH THE INFORMATION, SOFTWARE, THE WEB SITE, OR THE PUBLICATIONS.
YOU ASSUME ALL
RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION
WITHIN THE WEB SITE AND PUBLICATIONS. THE WEB SITE AND
PUBLICATIONS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS. Night Visions ASSUMES NO RESPONSIBILITY FOR AND
DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS,
OR OMISSIONS IN THE WEB SITE AND PUBLICATIONS AND IN ANY
OTHER REFERENCED OR LINKED DOCUMENTS.
NIGHT VISIONS MAY
MAKE CHANGES TO THE INFORMATION, SOFTWARE, WEB SITE, PUBLICATIONS,
PRICES, TECHNICAL SPECIFICATIONS, AND PRODUCT OFFERINGS
AT ANY TIME AND WITHOUT NOTICE.
THE WEB SITE AND
PUBLICATIONS ARE DISTRIBUTED INTERNATIONALLY AND MAY CONTAIN
REFERENCES TO NIGHT VISIONS PRODUCTS, PROGRAMS, AND SERVICES
THAT HAVE NOT BEEN ANNOUNCED IN YOUR COUNTRY. THESE REFERENCES
DO NOT IMPLY THAT Night Visions INTENDS TO ANNOUNCE SUCH
PRODUCTS, PROGRAMS, OR SERVICES IN YOUR COUNTRY.
THE WEB SITE CONTAINS
LINKS TO THE THIRD-PARTY SITES WHICH ARE NOT UNDER THE
CONTROL OF NIGHT VISIONS AND NIGHT VISIONS IS NOT RESPONSIBLE
FOR THE CONTENT ON ANY LINKED SITED. IF YOU ACCESS A THIRD-PARTY
SITE FROM THIS WEB SITE, THEN YOU DO SO AT YOUR OWN RISK.
Night Visions PROVIDES THESE LINKS ONLY AS A CONVENIENCE
AND THE INCLUSION OF THE LINK DOES NOT IMPLY THAT Night
Visions ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE
CONTENT ON THOSE THIRD-PARTY SITES.