Terms and Conditions

VIVA VINA INC. LEGAL NOTICES

Use of this website (the “Site”) including the use of any information, graphics or other materials contained on this Site or made available through this Site (collectively, the “Site Content”) is governed by these Legal Notices. Your use of this Site constitutes your agreement and acceptance without modification of these Legal Notices and the terms and conditions set forth within the Site. If you do not agree and accept without modification these Legal Notices and the terms and conditions set forth within the Site, do not use the Site.

Use of this Site or the Site Content for any illegal purpose or in any manner inconsistent with these Legal Notices is expressly prohibited by law, and may result in civil and criminal penalties. VIVA VINA Inc. reserves the right to prosecute any and all violators to the maximum extent of the law.

VIVA VINA Inc. may update, revise and amend these Legal Notices from time to time. Updated Legal Notices are effective upon posting. Updated, revised or amended Legal Notices will not be sent to users. Instead, users are responsible for regularly reviewing these Legal Notices.

Viewing this Site creates a copy of VIVA VINA Inc. and/or Site materials in your computer’s memory and/or in its hard drive and/or in your proxy server.

NOTICE REGARDING — USE OF THIS WEBSITE

VIVA VINA Inc. grants you limited permission to use Documents (e.g., applications, datasheets, FAQS, etc.) included on or made available through this Site provided that: (1) Advance written permission is obtained from an authorized VIVA VINA Inc. representative, (2) The copyright notice “VIVA VINA Inc.” appears in all copies and both the copyright notice and this permission notice appear, (3) Use of such Documents from this Site is strictly limited to informational and noncommercial or personal use and such Documents will and may not be copied or posted on any network computer or broadcast in any media (e.g., print, television or video, audio, Internet/intranet), and (4) No modifications or changes of any type are made to any Documents found or made available at this Site.

Not included in any Documents specified above is the design or layout of this Site or any other VIVA VINA Inc. owned, operated, licensed or controlled materials or site. Elements incorporated in VIVA VINA Inc. web sites are protected by trade laws, including trade dress, copyright, and trademark, and may not be copied, imitated or reproduced in whole or in part. Copying or retransmitting of any logo, graphic, sound or image from any VIVA VINA Inc. web site is strictly prohibited unless expressly permitted in writing by VIVA VINA Inc.

If you download software or information from this web site, the software and information, including all files and images contained in or generated by the software and accompanying data, are deemed to be licensed to you by VIVA VINA Inc. for limited purpose, with the limited license revocable for by VIVA VINA Inc. for any reason and without notice. Neither title nor intellectual property rights are transferred to you, but remain with VIVA VINA Inc., which owns full and complete title. You shall have a nonexclusive, nontransferable, limited personal license to use the software or information solely in its object code version. All other rights are expressly reserved. Without limiting the foregoing, you shall not: (a) alter, merge, modify or adapt any software or information contained on or made available through this Site; (b) reverse engineer, disassemble or decompile any software or information contained on or made available through this Site; (c) disclose, lease, transfer, or otherwise make any such software or information available to third parties in any form or manner; (d) use the software or information for the benefit of any third party; or (e) export or re-export any such software or information.

LINKS TO THIRD PARTY SITES

Certain links on this Site will take you to other sites not under the control of VIVA VINA Inc.. VIVA VINA Inc. is not responsible for the contents of any linked site or any link contained in a linked site. VIVA VINA Inc. is providing these links as a convenience and the inclusion of any link does not imply endorsement of the site by VIVA VINA Inc.

COPYRIGHT NOTICE

Copyright. VIVA VINA Inc. All rights reserved. The material on this web site may not be duplicated in any fashion and may not be duplicated, cached, distributed, publicly performed, republished, uploaded, posted, transmitted or otherwise used or transmitted in any manner, except with the prior express written permission of VIVA VINA Inc. Fair use of VIVA VINA Inc.’s intellectual property requires proper acknowledgement.

TRADEMARKS

VIVA VINA Inc., and logos are trademarks of VIVA VINA Inc. and as such may only be used by you with the written permission of VIVA VINA Inc. Other product, company names and logos mentioned or referenced on this Site may be trademarks of VIVA VINA Inc. or their respective owners, and as such may only be used by you with the written permission of VIVA VINA Inc. or the respective owner. All rights reserved. Fair use of VIVA VINA Inc.’s intellectual property requires proper acknowledgement.

The names of company, products, people, characters and/or data mentioned on this site or in any documents found on this site (other than and not including VIVA VINA Inc., its partners/suppliers, its products and its customers) are fictitious and do not represent on the part of VIVA VINA Inc. any intention to characterize or embody any real individual, company, product or event, unless otherwise noted.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

VIVA VINA INC. AND/OR ITS RESPECTIVE PARTNERS/SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE APPROPRIATENESS OF THE SITE OR ANY OF THE SITE CONTENT FOR ANY PURPOSE. THIS SITE AND ALL OF THE SITE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. VIVA VINA INC. AND/OR ITS RESPECTIVE PARTNERS/SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE AND ALL OF THE SITE CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. VIVA VINA INC. AND/OR ITS RESPECTIVE PARTNERS/SUPPLIERS SHALL IN NO EVENT BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, LOSS OF — USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE — USE OR PERFORMANCE OF THIS SITE OR YOUR — USE OF ANY SITE CONTENT.

THE SITE CONTENT COULD INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS OR OTHER UNSPECIFIED INACCURACIES. THE INFORMATION ON THIS SITE IS PERIODICALLY UPDATED AND/OR CHANGED. VIVA VINA INC. AND/OR ITS RESPECTIVE PARTNERS/SUPPLIERS MAY, AT ANY TIME AND IN THEIR SOLE DISCRETION, MAKE IMPROVEMENTS TO AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED ON OR THROUGH THIS SITE.

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS PORTION OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.