Terms and Conditions
The Purchaser will be entitled to phone support available 8:00 AM to 4:30 PM Central - Weekdays only, at no additional cost.
- Title, copyright, intellectual property rights and distribution rights of the Product remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Product. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Product.
- The Product may be copied for backup purposes only.
LIMITATION OF LIABILITY
- The Product is provided by the Vendor and accepted by the Purchaser "as is". Liability of the Vendor will be limited to a maximum of the original purchase price of the Product. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Purchaser arising out of the use or failure to use the Product.
- The Vendor makes no warranty expressed or implied regarding the fitness of the Product for a particular purpose or that the Product will be suitable or appropriate for the specific requirements of the Purchaser.
- The Vendor does not warrant that use of the Product will be uninterrupted or error-free. The Purchaser accepts that product in general is prone to bugs and flaws within an acceptable level as determined in the industry.
- The Vendor may remedy any non-conforming Product by providing a refund of the purchase price or, at the Vendor's option, repair or replace any or all of the Product.
WARRANTS AND REPRESENTATIONS
- The Vendor warrants and represents that it is the copyright holder of the Product. The Vendor warrants and represents that use of this Product is not in violation of any other agreement, copyright or applicable statute.
- All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Purchaser ("Acceptance") on the opening of the sealed Product package.
- The Purchaser will be entitled to phone support available 8:00 AM to 5:00 PM Central - Weekdays only, at no additional cost.
- The Vendor will be free of liability to the Purchaser where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.
- The Parties to this Agreement submit to the jurisdiction of the courts of the State of Texas for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of Texas.
- This Agreement can only be modified in writing signed by both the Vendor and the Purchaser.
- This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Purchaser.
- If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
- This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor's successors and assigns.
- Neither Vendor nor Purchaser will otherwise be liable, in contract, tort (including negligence) or otherwise, for any loss, expense or damage of any kind including, without limitation, special, incidental or consequential damages, due to any errors in the product.
All notices to the Vendor under this Agreement are to be provided at the following address:
5711 Northwest Parkway
San Antonio, TX 78249