Last Updated: February 19, 2013

This Terms of Use webpage sets forth the terms and conditions for use of the BimlScript.com website on which it appears (the “Site”), and the BimlScript.com Online Service (the “Service”) provided on the Site by Varigence®, Inc. (“Varigence”).

By using the Site, you (the “User”) agree to comply with the terms and conditions set forth or identified below, all of which shall constitute a binding agreement between you and Varigence (the “Agreement”). If you do not agree to these terms and conditions, you do not have permission to use the Services and must immediately cease all usage of this Site. Varigence reserves the right, at any time, to modify these terms and conditions without prior notice. Such modifications shall constitute an amendment of the Agreement and shall become effective immediately upon being posted on the Site. When we do, we will also revise the “updated” date at the top of this Agreement. Your continued use of the Service after each amendment is posted constitutes an acknowledgement and acceptance of the amendment.

1. Description of Service
   

   The Service provided under this Agreement is limited to providing a forum through which users may access and share business intelligence resources to complement and enhance their usage of the BIMLSCRIPT software. The Service does not include a license for use of the BIMLSCRIPT software, internet connection services or hardware support services of any kind. To purchase a license for use of the BIMLSCRIPT software, visit www.varigence.com, or contact an authorized BIMLSCRIPT software distributor.

   Varigence will endeavor to make the Service user-friendly and accessible for all BIMLSCRIPT software licensees, but Varigence assumes no responsibility for User’s connectivity to the Site, compatibility of the Site and the Service or any software obtained by using the Service with User’s equipment and software, the implementation of any software solutions or the accuracy of any information which User identifies, develops or acquires by using the Service.

2. Modifications and Interruption to Service
   

   Varigence reserves the right to modify or discontinue the Service with or without notice. Varigence shall not be liable to User or any third party by reason of any such modification of discontinuance. User hereby acknowledges and accepts that Varigence does not guarantee continuous, uninterrupted or secure access to the Site or the Service, or that operation of the Site will not be interfered with or adversely affected by factors or circumstances within or outside of its control.

3. Third-Party Sites
   

   The Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. User acknowledges and agrees that Varigence is not responsible for the availability of, or the content located on or through, any third-party sites. Use of those third-party sites is subject to the terms of use and privacy policies of the individual site, and Varigence assumes no responsibility regarding them. Varigence encourages all users to review the terms of use and privacy policies of each third party cite they choose to use or visit. Any concerns regarding such links or the content located on such sites should be directed to the site administrator or webmaster for the site in question.

4. Disclaimer of All Warranties
   

   The Site is provided by Varigence strictly on an “as is” and “as available” basis. Varigence shall have no liability for any problems encountered by User or interruptions in the use of this Website. To the fullest extent permitted by applicable law, Varigence disclaims all representations and warranties of any kind, express or implied, including, without limitation, any warranties regarding the use of the Site or the results of the Service with respect to correctness, accuracy, reliability, availability, compatibility, or the effects of accessing the Site or using the Service on User’s systems, records, data, software, internet connections or computers, modems and other equipment, or otherwise. Varigence further disclaims all warranties with regard to the Site’s content or use of any software or other information or data acquired or developed as a result of using the Service, including, without limitation, the non-infringement of intellectual property rights and any implied warranties of merchantability or fitness for a particular purpose. Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.

5. Limitation of Liability
   

   VARIGENCE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER BASED ON THE ACCESS OR USE OF THE SITE OR THE SERVICE, AND IN PARTICULAR VARIGENCE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE, THE SERVICE OR ANY SOFTWARE OR OTHER INFORMATION OBTAINED AS A RESULT OF THEIR USE, REGARLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, STRICT LIABILITY, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF VARIGENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE TO YOU.

6. Indemnification
   

   User agrees to indemnify and hold Varigence, its parents, subsidiaries, affiliates, officers, employees, and agents harmless from any liability, including reasonable attorneys’ fees and other costs incurred as a result of or in connection with their opposition to any claim or demand made by User or any third party to the extent that said claim or demand is based on User’s accessing or using the Site and/or Service, the violation of this Agreement by User, or infringement of any intellectual property rights by User, or any other party accessing the Site in User’s name or through the use of User’s computer or internet accounts by reason of their alleged use or infringement of any intellectual property or any other right of any person or entity.

7. Disclaimer Regarding Accuracy of Third Party Content
   

   The Site is designed to permit users to share content and information related to BIMLSCRIPT Software applications and programming solutions. Product specifications and other information have either been provided by third parties or collected from publicly available sources. While Varigence makes every effort to ensure that the information on this website is accurate, it can make no representations or warranties as to the accuracy or reliability of any information provided on the Site by any party other than Varigence.

   Varigence makes no warranties or representations whatsoever with regard to any content provided or offered by any user or other third party,. User acknowledges and agrees that any reliance on warranties and representations and warranties regarding such content is between User and the party offering the warranty or representation. Such reliance is otherwise entirely at User’s risk.

8. Governing Jurisdiction of the Courts of South Carolina
   

   The Site is operated and provided in the State of South Carolina, USA. As such, it is subject to the laws of the State of South Carolina and the federal laws of the United States of America. Any and all disputes regarding the use of the Site, the Services and/or the interpretation or application of the Agreement shall be determined under the laws of the State of South Carolina. The state and federal courts of Greenville County, South Carolina shall have exclusive jurisdiction and venue with respect to any disputes regarding the interpretation or application of this Agreement, without giving effect to any choice of law rules. User shall have sole responsibility for assuring compliance with the laws of any other jurisdiction, and refraining from any use of the Site or Services if the laws of another state will be applicable and violated as a result of such use.

9. Compliance with Laws
   

   User assumes responsibility for obtaining knowledge of all laws applicable to its use of the Site and Service and is responsible for compliance with any such laws. User may not use the Site or Service in any way that violates any applicable laws, regulations or other legal or equitable requirements of any municipality, county, state, country or other governmental jurisdiction, or any treaty or international law existing between or among the same. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

10. Copyright Ownership and Content Licenses
    

    All content included or made available by Varigence on the Site, including site design, text, graphics, interfaces, and the selection and arrangements thereof (“BimlScript Content”) is the property of Varigence, Inc. and/or third parties licensors of Varigence. Varigence claims copyright protection for said content under the copyright laws of the United States of America, with all rights reserved.

    Any use of BimlScript Content, including reproduction , modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Varigence is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy the Site’s web pages or the content contained therein without prior written permission of an authorized officer of Varigence.

    User grants an unlimited non-exclusive royalty-free license to Varigence to all content it posts on the Site (“User Submitted Content”). All other Site users shall have a non-exclusive royalty free license for use of all User Submitted Content under the terms of the Creative Commons Attribution 3.0 Unported (CC BY 3.0) license (http://creativecommons.org/licenses/by/3.0/).

11. Trademark Rights
    

    Biml® and BimlScript™ are proprietary marks of Varigence. These trademarks may not be used (i) in connection with any product or service that is not provided by Varigence, (ii) in any manner that is likely to cause confusion among customers, or (iii) in any manner that disparages or discredits Varigence.

    All other trademarks displayed on the Site are the trademarks of their respective owners, and their appearance on the Site constitutes neither an endorsement nor a recommendation of their owners or the products or services on or in connection with which they are used. In addition, such use of trademarks or links to the web sites of users is not intended to imply, directly or indirectly, that such users endorse or have any affiliation with Varigence or its Products.

12. Notification of Claimed Copyright Infringement
    

    Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Varigence designates the following individual as its agent for receipt of notifications of claimed copyright infringement:

    Name: Steven Currie
    Address: Varigence, Inc., 150 Executive Center Drive, Suite 118, Greenville, SC 29615
    Phone Number: 1-800-477-5260 (in the United States)
    E-mail Address: support@bimlscript.com.

13. Termination, Blocking, and Redirection
    

    Varigence reserves the right, at its sole discretion, to terminate or block any accounts for any reason. For example, if Varigence learns or receives notice pursuant to 17 U.S.C. Section 512 (c) (3) that any user posted content is obscene, offensive, or in violation of another party’s copyright, Varigence will remove or disable access to that content unless and until it receives a counter notification pursuant 17 U.S.C. Section 512 (g) disputing the violation, and the party that notified Varigence of the alleged violation fails to obtain a court order within the time specified in said statute.

    Furthermore, Varigence reserves the right to terminate and/or block activity from any hostname, IP address, or range of IP addresses. Varigence further reserves the right to redirect any account, hostname, IP address or range of IP addresses to any other destination at its sole discretion.

14. Other Terms
    

    If any provision of the Agreement shall be unlawful, void or unenforceable for any reason, the remaining provisions (and any partially-enforceable provisions) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent without frustrating the overall purpose of the Agreement. The Agreement and any other agreements referenced herein may be assigned by Varigence, in its sole discretion, to a third party in the event of an asset sale, merger or acquisition. The Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between Varigence and User.

    User consents to the use and disclosure of the personally identifiable information and other practices described in the Varigence Privacy Policy Statement appearing on the Site.