1.1 This agreement governs your use of the vRigger and
RescueRigger software products (the "Software"). It also covers
your use of the vRigger.com Internet website (the "Website"). The
Software and Website are collectively referred to as "Products."
The Products are owned by Iterum, LLC ("Iterum").
1.2 Iterum reserves the right, in its discretion, to change
or modify all or any part of this Agreement at any time, effective
immediately when published on the Website. Your continued use of
the Products constitutes your binding acceptance of these terms
and conditions, including any changes or modifications made by Iterum
as permitted above. If at any time the terms and conditions of this
Agreement are no longer acceptable to you, you should immediately
cease all use of the Products. Check vRigger.com/license
for the most recent version of this agreement.
1.3 Iterum retains all ownership in Products. You receive
a license to use Software. A license
key enables you to install and run Software on one computer.
Nothing contained in this agreement transfers any rights of ownership
1.4 Gear that you create and
submit to Iterum becomes a Product
owned by Iterum.
2. Use of Products
2.1 You may not modify, publish, transmit, transfer or
sell, reproduce, create derivative works from, distribute, reverse
engineer, or in any way exploit any of the information produced
by Products, in whole or in part, except as expressly permitted
in this Agreement.
2.2 You may not transfer, redistribute or resell
license keys. If you purchase a
license key that allows multiple installations of Software, that
key may only be used by the entity that purchased the license.
2.3 Except as expressly permitted by US copyright laws,
no copying, storage, redistribution or publication of Products is
permitted without the express written permission of Iterum.
2.4 You may redistribute static images of rigging systems
that are generated by Software, either in printed or electronic
form, provided the caption "Illustration created with vRigger" appears
near the image.
2.5 You agree that any forces calculated by Products are
approximations only. Safe rigging demands careful thought, training,
and experience far beyond the scope of Products.
3. Indemnity. You agree
to indemnify, defend and hold Iterum and its affiliates, and their
respective officers, directors, owners, agents, information providers
and licensors (collectively, the "Iterum Parties") harmless from
and against any and all claims, liability, losses, costs and expenses
(including attorneys' fees) incurred by any Iterum Party in connection
with any use or alleged use of the Products. Iterum reserves the
right, at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, and in
such case, you agree to cooperate with Iterum's defense of such
4. DISCLAIMER OF WARRANTIES;
LIMITATION OF LIABILITY
4.1 Iterum does not warrant that the Products will error
free; nor does Iterum make any warranty as to the results to be
obtained from use of the Products. The Products are distributed
on an "as is, as available" basis. Iterum and their respective agents
do not make any warranties of any kind, either express or implied,
including, without limitation, warranties of title or implied warranties
of merchantability or fitness for a particular purpose, with respect
to the Products. Iterum does not warrant that any files available
for downloading through the service will be free of viruses or similar
contamination or destructive features. You expressly agree that
the entire risk as to the quality and performance of the Products
and the accuracy or completeness of the Products is assumed solely
4.2 Iterum shall not be liable for any direct, indirect,
incidental, special or consequential damages arising out of the
use of or inability to use the Product, even if such party has been
advised of the possibility of such damages.
4.3 Some states do not allow exclusion of implied warranties
or limitation of liability for incidental or consequential damages,
so the above limitations or exclusions may not apply to you. In
such states, the liability of Iterum shall be limited to the greatest
extent permitted by law.
5. Miscellaneous. This
Agreement shall be construed in accordance with the laws of the
State of Utah, and the parties irrevocably consent to bring any
action to enforce this Agreement in the federal or state courts
located in Salt Lake City, Utah. This Agreement constitutes the
entire agreement between the parties with respect to the subject
matter hereof, and supersedes all previous written or oral agreements
between the parties with respect to such subject matter.