Terms
Monday, June 15, 2009
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy governs our relationship with you in relation to this website.
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
This product is Copyright Daniel Garber. All rights reserved. This product may not, in whole or in any part, be copied, reproduced, transmitted, translated (into any language, natural or computer), stored in a retrieval system, reduced to any electronic medium or machine readable format, or by any other form or means without prior consent, in writing, from Daniel Garber.
You are granted a limited license to use this product. The product may be used or copied only in accordance with the terms of that license, which is described in the following paragraphs.
LICENSE:
“THE PRODUCT” SHALL BE TAKEN TO MEAN THE PRODUCT CONTAINED IN THIS PACKAGE AND ANY SUBSEQUENT VERSIONS OR UPGRADES RECEIVED AS A RESULT OF HAVING PURCHASED THIS PACKAGE. “BUYER” SHALL BE TAKEN AS THE ORIGINAL PURCHASER OF THE PRODUCT.
BUYER HAS THE NON-EXCLUSIVE RIGHT TO USE THE PRODUCT. BUYER MAY NOT ELECTRONICALLY TRANSFER THE PRODUCT FROM ONE COMPUTER TO ANOTHER OVER ANY TYPE OF NETWORK. BUYER MAY NOT DISTRIBUTE COPIES OF THE PRODUCT OR THE ACCOMPANYING DOCUMENTATION TO OTHERS EITHER FOR A FEE OR WITHOUT CHARGE. BUYER MAY NOT MODIFY OR TRANSLATE THE PRODUCT OR DOCUMENTATION. USER MAY NOT DISASSEMBLE THE PRODUCT OR ALLOW IT TO BE DISASSEMBLE. BUYER’S USE OF THE PRODUCT INDICATES HIS/HER ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF BUYER DOES NOT AGREE TO THESE CONDITIONS, RETURN THE PRODUCT, DISTRIBUTION MEDIA, DOCUMENTATION, AND ASSOCIATED MATERIALS TO THE VENDOR FROM WHOM THE PRODUCT WAS PURCHASED, AND ERASE THE PRODUCT FROM ANY AND ALL STORAGE DEVICES UPON WHICH IT MAY HAVE BEEN INSTALLED.
THIS LICENSE AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND SHALL INURE TO THE BENEFIT OF DANIEL GARBER OR ITS ASSIGNS.
GUARANTEE:
PRODUCT COMES WITH A 60-DAY, MONEY BACK GUARANTEE. IF BUYER IS NOT FULLY SATISFIED THEY MAY RETURN THE COMPLETE PRODUCT IN NON-DAMAGED CONDITION WITHIN 30-DAYS OF PURCHASE AND RECEIVE A REFUND OF THE PURCHASE PRICE. SHIPPING CHARGES RELATED TO THE PURCHASE OF THE PRODUCT ARE NOT REFUNDABLE. BUYER MUST PAY ALL SHIPPING CHARGES FOR THE RETURN OF THE PRODUCT.
DISCLAIMER / LIMITATION OF LIABILITY:
BUYER ACKNOWLEDGES THAT THE PRODUCT MAY NOT BE FREE FROM DEFECTS AND MAY NOT SATISFY ALL OF BUYER’S NEEDS. DANIEL GARBER WARRANTS ALL MEDIA ON WHICH THE PRODUCT IS DISTRIBUTED FOR 30 DAYS TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE. THE PRODUCT AND ANY ACCOMPANYING WRITTEN MATERIALS ARE LICENSED “AS IS”. BUYER’S EXCLUSIVE REMEDY DURING THE WARRANTY PERIOD SHALL CONSIST OF REPLACEMENT OF DISTRIBUTION MEDIA IF DETERMINED TO BE FAULTY. IN NO EVENT WILL NICK HAMPSHIRE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR DAMAGES RESULTING FROM LOSS OF USE, OR LOSS OF ANTICIPATED PROFITS RESULTING FROM ANY DEFECT IN THE PRODUCT, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITIES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY.
SPECIFIC RESTRICTIONS:
IN ACCORDANCE WITH THE COMPUTER PRODUCT RENTAL ACT OF 1990, THIS PRODUCT MAY NOT BE RENTED, LENT OR LEASED. THE PRODUCT AND ACCOMPANYING DOCUMENTATION MAY NOT BE PROVIDED BY A “BACKUP SERVICE” OR ANY OTHER VENDOR WHICH DOES NOT PROVIDE AN ORIGINAL PACKAGE AS COMPOSED BY DANIEL GARBER, INCLUDING BUT NOT LIMITED TO ALL ORIGINAL DISTRIBUTION MEDIA.
DISCLAIMER / LIMITATION OF LIABILITY:
BUYER ACKNOWLEDGES THAT THE PRODUCT MAY NOT BE FREE FROM DEFECTS AND MAY NOT SATISFY ALL OF BUYER’S NEEDS. NICK HAMPSHIRE WARRANTS ALL MEDIA ON WHICH THE PRODUCT IS DISTRIBUTED FOR 30 DAYS TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE. THE PRODUCT AND ANY ACCOMPANYING WRITTEN MATERIALS ARE LICENSED “AS IS”. BUYER’S EXCLUSIVE REMEDY DURING THE WARRANTY PERIOD SHALL CONSIST OF REPLACEMENT OF DISTRIBUTION MEDIA IF DETERMINED TO BE FAULTY. IN NO EVENT WILL NICK HAMPSHIRE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR DAMAGES RESULTING FROM LOSS OF USE, OR LOSS OF ANTICIPATED PROFITS RESULTING FROM ANY DEFECT IN THE PRODUCT, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITIES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY.
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