Terms of Use

Refund Policy

The software available for purchase on our web site is downloadable, fully-functional, and try-before-you-buy. Free trial periods are provided to let you fully evaluate our products before you make a purchase decision.

Please use the trial period to make sure that the software meets your needs before purchasing a license. All of our software is fully-functional during the trial period. None of our software requires registration to enable its primary functionality.

If you purchase one of our products, after your payment has been processed you will receive an email with the serial number required to activate the software. Once this information is emailed to you, no refunds will be given. We have this policy since it would be impossible for you to return your registered version of our software.

During your trial period, support staff are available to assist in installation and configuration via email or telephone. We strongly recommend that all customers download, install, and test the trial version of any product prior to making a purchase.

In rare instances and only within 30 days of purchase, if due to technical difficulties or platform incompatibilities the software will not function, we may, at our discretion, issue a refund. In such instances, we require that you provide enough information for us to positively identify your purchase transaction (e.g., order number, your company name, date of transaction, purchase code, number of licenses or activations purchased, etc.). If we are able to positively identify your order, and if your request is made within 30 days of purchase, you must submit to us a letter of destruction of software on your company letterhead before we will process the refund. Spatial View is not responsible for lost, delayed, or misdirected mail or email, delays for downloading, or other communication system delays.

Acceptance of this Refund Policy

It is your responsibility to familiarize yourself with this refund policy. By placing an order for any of our products, you indicate that you have read this refund policy and that you agree with and fully accept the terms of this refund policy.

If you do not agree with or fully accept the terms of this refund policy, we ask that you do not place an order with us.

- End of refund policy -

Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

SpatialView.com (the "Site") is owned and operated by Spatial View Inc. ("Spatial View"). These terms and conditions of use ("Site Terms") apply to your use of the Site, and do not alter in any way the terms or conditions of any other agreement between you and Spatial View, its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any other person such as a business company, or other entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Spatial View for violations of these Site Terms.

You agree that you may not interfere with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site. You agree that you may only use this Site for lawful and moral purposes.

The Site and its Contents

Unless otherwise indicated, you agree that all of the content featured or displayed on this Site, including, but not limited to, information, text, graphics, three-dimensional graphics, images and illustrations, data, photographic images, moving images, sound, illustrations, software and the selection, organization and arrangement thereof ("Spatial View Content"), is owned by Spatial View and its licensors.

You agree that all Spatial View Content is the property of Spatial View and its licensors and is protected by intellectual property laws and regulations including relating to copyrights, trade-marks, trade-names, internet domain names, and other proprietary rights.

Unless you have entered into a separate written agreement with Spatial View, you agree that this Site is for personal viewing purposes only, and that any other use of Spatial View Content without Spatial View's written permission is strictly prohibited.

You agree that the Spatial View Content may only be viewed for your own, non-commercial home-use, personal or private educational purposes, provided that the Spatial View Content is not modified and that copyright and other intellectual property notices are not interfered with, altered, obscured, added to, or deleted. You may not create derivative works from or otherwise commercially exploit the Spatial View Content in any way. Spatial View reserves the absolute right to revoke such authorization at any time without prior notice to you, and any use by you shall be discontinued immediately upon such revocation from Spatial View.

Privacy Policy

Spatial View is committed to protecting your privacy. You agree and confirm that you have carefully read this Site's PRIVACY POLICY , and that you agree and accept those provisions as a part of this Agreement, including our right to collect, use and disclose your personal information.

Recency of Information

Spatial View updates the information on the Site regularly. However, you agree that Spatial View does not guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on the Site. Spatial View may revise and update these Site Terms at any time and without notice. You agree to review the Site Terms posted on the Site periodically. Your continued access or use of, this Site, after any such changes are posted on this Site will constitute your acceptance of those changes.

Use of software

You agree that the software and accompanying documentation ("Software") available for licensing from this site is the property of Spatial View and its licensors and is be protected by intellectual property laws and regulations including relating to copyrights, trade-marks, trade-names, and other similar rights.

You agree that the use of the Software is governed by the terms and conditions of the End User License Agreement. You will not be able to use, download, or install any Software unless you agree to the terms and conditions of such End User License Agreement.

Compliance with Laws

You represent, warrant and covenant that in accessing and using the Site you shall comply with all applicable laws, rules, regulations and by-laws of Canada or the country in which you reside, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission or exporting of technical data from Canada or the country in which you reside. Furthermore, you represent, warrant and covenant that you are not located, a resident of or domiciled in any country or jurisdiction that Spatial View is prohibited from communicating with and you agree that you shall not access this Site from such country or jurisdiction including, but not limited to, any jurisdiction that is on the Area Control List of the Exports and Imports Permit Act of Canada.

You acknowledge that the Software is subject to Canadian export jurisdiction, and may be subject to import and/or use regulations in other jurisdictions. You represent, warrant and covenant that: (i) it is your responsibility to comply with laws and regulations relating to the export of the Software from Canada and that you are not located, a resident of, domiciled or a national (citizen or national status) of any country or jurisdiction that Spatial View is prohibited from trading with, commercializing with, exporting to, or otherwise having any commercial relationship with under the laws of Canada; and (ii) you will comply with all applicable international, national, state, regional and local laws, and regulations, including any applicable import and use restrictions relating to the Software before attempting to import or use the Software; and

You represent, warrant and covenant that you will not, in any manner whatsoever, remove, convey, export, re-export or transmit the Software in a manner that would contravene the intent or the technical requirements of any export or trade laws, regulations, restrictions, or government policies in any country, including any international treaties or agreements, and that you will not allow, support, permit, encourage, assist or facilitate such activities by any other person or entity.

Use of the Site

You agree that the Site and the Spatial View Content are intended for Site visitors and customers of the Site. You agree not to use this Site or the Spatial View Content for any purpose not related to your personal interest in the Site. You are specifically prohibited from: (a) modifying, downloading, copying, or re-transmitting any or all of the Site or the Spatial View Content without, or in violation of, a written license or agreement with Spatial View; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating, duplicating or otherwise displaying the Site or the Spatial View Content by using framing or similar navigational technology (whether by Phishing or otherwise); (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Site product or service if you are not expressly authorized by such party to do so; and (e) using this Site or Spatial View Content, including any of the features, tools and services on this Site, for any reason whatsoever other than for its intended purpose, including to communicate with Spatial View, to upload onto this Site, or otherwise transmit to this Site, any materials, content or images that either causes any harm to any person or that is illegal or otherwise unlawful, including without limitation any hateful harassing, pornographic, morally offensive, racist, criminal, quasi-criminal, obscene, profane, defamatory, libelous, threatening content which constitutes or may encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive, irresponsible or underage consumption of alcohol, or otherwise violate any law or regulation including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

Links to other Websites

You acknowledge and accept that Spatial View makes no representation, warranty, covenant, or claim regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Spatial View and Spatial View is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Spatial View provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Spatial View of any site or any information contained therein. When you leave the Site, you acknowledge and confirm that our terms and policies do not govern your access to, and use of, other websites. You accept our recommendations that you should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

You agree that the inclusion of any such hyperlinks does not suggest, represent or imply that Spatial View monitors or endorses these websites. You agree that Spatial View does not accept any responsibility for such websites. You agree that Spatial View shall not be responsible or liable, directly or indirectly, for any costs, expenses, damage or loss, caused or alleged (whether arising in contract, tort, negligence, or otherwise) to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources. You agree that Spatial View shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

Internet Software or Computer Viruses

You agree that Spatial View shall not be responsible or liable for any software, data corruption, computer viruses, worms, or other destructive, harmful or disruptive files or programs that may infect or otherwise detrimentally affect your use of any computer equipment, data, content or other property on account of your access to, use of, or browsing on this Site, including your downloading of any of the Spatial View Content from this Site. You agree and accept that this Site is not error, bug, virus, worm, or disruption free, and you accept all risks associated with your use of, and access to, this Site on a "as is" basis. You agree that you are responsible for installing all necessary and appropriate anti-virus or other protective software.

Disclaimer

UNLESS OTHERWISE AGREED TO IN WRITING BY SPATIAL VIEW, YOU AGREE AND ACCEPT THAT: THIS SITE, AND ALL OF ITS OPERATIONS, SHALL NOT BE ERROR FREE OR UNINTERRUPTED; THE SITE OR THE SPATIAL VIEW CONTENT SHALL NOT NECESSARILY MEET YOUR REQUIREMENTS; THE SITE OR ANY SPATIAL VIEW CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL NOT NECESSARILY BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES; AND THE SITE AND SPATIAL VIEW CONTENT IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTIES, REPRESENTATIONS OR COVENANTS OF ANY KIND; AND ALL WARRANTIES, REPRESENTATIONS OR COVENANTS WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TRUTH, QUALITY, COMPLETENESS, SUITABILITY RELIABILITY, AUTHENTICITY, VALIDITY OR NON-INFRINGEMENT, OF THE SITE AND SPATIAL VIEW CONTENT ARE COMPLETELY DENIED AND DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID BY A COURT OF COMPETENT JURISDICTION.

Exclusion of Liability

BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS OF, AND USE OF THIS SITE IS AT YOUR OWN RISK AND THAT SPATIAL VIEW, ITS OWNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, PARTNERS OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE ("SPATIAL VIEW PARTIES") SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER OR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING ANY DIRECT, THIRD PARTY, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, OR ANY OTHER LOSSES, COSTS OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, REGARDLESS OF WHETHER OR NOT SUCH LIABILITY OR DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTORILY, OR OTHERWISE, AND EVEN IF THE SPATIAL VIEW PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LIABILITY, IN ANY CONNECTION WITH YOUR BROWSING OF, RELIANCE ON, USE OF, INABILITY TO USE THIS SITE OR IN CONNECTION WITH ANY CONTENT, INFORMATION, DATA, PROMOTIONS, ACTIVITIES, ASSOCIATED WITH THIS SITE, OR IN CONNECTION WITH YOUR DOWNLOADING OF ANY MATERIALS, TEXT, DATA, IMAGES, VIDEO OR AUDIO FROM THIS SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY TRANSMISSION DEFECTS, VIRUSES, BUGS, WORMS, DESTRUCTIVE FEATURES, HUMAN ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS. YOU AGREE AND CONFIRM THAT THIS LIMITATION ON LIABILITY IS FAIR AND REASONABLE IN THE CIRCUMSTANCES OF THIS AGREEMENT.

Indemnification

You agree to defend, indemnify and hold harmless Spatial View and their respective directors, officers, shareholders, partners, subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, loss, harm, costs, liabilities and expenses (including, but not limited to, reasonable lawyers' fees) arising out of or in any way related to your access to and use of this Site, including any materials (or other content) that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation, covenant or warranty contained herein, your unauthorized use of the Spatial View Content, or your violation of any rights of an other person.

E-mail

Feel free to e-mail Spatial View using this form. You acknowledge and agree any information sent to Spatial View will not be treated as confidential unless otherwise agreed upon by Spatial View.

You represent, warrant and covenant that you shall not email Spatial View any messages, materials, information, or communication (collectively "E-mail Communications") that either causes any harm to any person or that is illegal or otherwise unlawful, including without limitation any hateful harassing, pornographic, morally offensive, racist, criminal, quasi-criminal, obscene, profane, defamatory, libelous, threatening materials which constitutes or may encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive, irresponsible or underage consumption of alcohol, or otherwise violate any law or regulation.

You acknowledge and agree that the Internet is not a secure medium and any E-mail Communications may be lost, intercepted or altered and that there is absolutely no obligation on Spatial View to reply, respond, acknowledge or guarantee receipt of any E-mail Communications. You acknowledge and agree that Spatial View expressly denies and disclaims any liability for any costs, expenses, damage or loss, caused or alleged (whether arising in contract, tort, negligence, equity, statutorily or otherwise) to be caused by or in connection with E-mail Communications to or from this Site.

Applicable Law

This Site is controlled, operated and administered by Spatial View from within the Province of Ontario, Canada. This Site may be accessed by you from all provinces and territories of Canada. This Site is technically capable of being accessed from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Ontario, by accessing this Web site, you agree and consent that all matters relating to access to, or use of this Site shall be governed by the sole and exclusive laws of the Province of Ontario and the federal laws of Canada applicable therein (without reference to conflicts of laws principles), and excluding the body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods, if applicable. You agree that the closest and most convenient connection for this Site, and the transactions contemplated thereby, is with the Province of Ontario, Canada.

You also agree, consent and acknowledge that you do so voluntarily that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Ontario.

If Spatial View is obligated to go to court, to enforce any of its rights, or to collect any fees, you agree to reimburse Spatial View for its legal fees, costs and disbursements if Spatial View is successful.

Severability

If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. If any provision or part thereof of these Site Terms is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof. In the event that an enforceable replacement for such provision cannot be reached, you agree that (i) such provision shall be excluded from these Site Terms, (ii) the balance of these Site Terms shall be interpreted as if such provision were so excluded and (iii) the balance of these Site Terms shall be enforceable in accordance with the terms as interpreted in accordance with (ii) above mentioned.

General

You agree that any waiver of any provision of the Site Terms shall only be effective if in writing and signed by Spatial View. Spatial View's failure to insist upon or enforce strict performance of any provision of these Site Terms shall not be construed as a waiver of any provision or right.