Software
programs are
a Copyright
(c) 1999 intellectual
material of
the manufacturer:
ProForce Corporation.
None
of the software
materials
may be copied,
reproduced,
modified,
published,
uploaded,
posted, transmitted,
disassembled,
or distributed
in any form
or by any
means other
than as described
by ProForce
or with prior
written permission.
All rights
not expressly
granted herein
are reserved.
At
Merchant's
sole option,
multiple software
orders received
simultaneously,
may be shipped
in one combined
package. Immaterial
of the separate
shipping charges
reflected
on order forms,
we do
not charge
two shipping
charges.
Multiple orders
may be combined
as one transaction
charge, at
the Merchant's
sole option.
Delivery
is typically
sent to you
from our warehouse
processing
center via
Fed/Ex or
the US Postal
Service within
1-5 business
days, to the
specified
address submitted
with the order
form. Orders
which are
not delivered
within 11
business days,
shall be deemed
lost, and
will be reprocessed
free of charge.
Our policy
is We will
not charge
additional
processing,
or shipping
charges.
We
have specific
restrictions
regarding
shipment methods.
Please, review
"Returning
Merchandise"
information
(lower page),
before attempting
to ship any
item to this
Merchant or
processing/shipping
center. We
will not
accept
shipments
not conforming
to our inbound
shipment policy.
Therefore,
it is important
that you read
the "Returning
Merchandise"
information
below.
We
will attempt
to resolve
any problems
as quickly
and easily
as possible.
If you are
unsure of
the content
of any software
product title,
please contact
us >before
purchasing<
and ask questions!
We are happy
to help you
verify that
you are purchasing
the right
software which
will meet
your needs.
After
any software
product delivery,
we cannot
issue a refund.
The software
file(s) are
on your computer
and as we
cannot be
sure it would
be destroyed
after returning
the program.
This policy
ensures that
publishers
receive the
proper royalty
for their
work and hat
their intellectual
property is
protected.
Software
returned within
14-days from
date of purchase
are eligible
for storefront
merchandise
credit or
exchange.
Excluding
software defects,
no merchandise
credits or
exchanges
are allowed
after 14-days
from the date
of purchase.
Provided
you meet the
terms and
conditions
listed below,
you may exchange
or return
an item for
merchandise
credit.
Please
allow 15-business
days from
the date you
send any package
for processing.
RETURN
TERMS
Shipping
and handling
charges are
nonrefundable.
An
open-box or
broken CD-ROM
seal product
is only exchangeable
for same item
exchange and
may not be
returned for
a refund.
All
exchanges
and returns
require a
Return Merchandise
Authorization
(RMA) number*.
Exchanges
and merchandise
credits cannot
be processed
without one.
An
RMA must be
requested
within 14-days
of the original
invoice date.
Thereafter,
all sales
are final.
The
returned package
must be received
within 10-business
days of the
RMA issued
date.
RMA
numbers are
valid for
seven 7-days
from date
of issuance.
Returns should
be shipped
to the address
given by the
ProForce Customer
Satisfaction
Department
along with
the RMA number.
The
RMA number
must appear
on your return
packing label.
Please do
not write
on the outside
of the box.
Returns
will not be
accepted without
an RMA.
All
products are
sold with
the terms
and policies
of the specific
software vendor
where you
purchased
the product.
Please note:
Purchases
from third
party Internet
download software
vendors return
policies must
be obtained
from the individual
Reseller,
not Merchant.
You
must indicate
why you are
returning
the merchandise.
Carefully
and securely
repack the
item using
the original
packaging
if possible.
Be sure to
include all
parts.
For
your protection,
we suggest
you insure
the package,
and save the
receipt for
your records.
Only merchandise
received by
our warehouse
can be credited.
You
are responsible
for all freight
charges. However,
you will be
credited all
reasonable
and customary
freight charges
(relevant
to that item)
if product
is damaged
or defective,
or the wrong
item was shipped.
All
items must
be returned
in "as new"
condition
in the original
sealed and
unopened packaging
and have all
accessories,
blank warranty
cards, and
user’s manuals,
if any.
Please
note all returns
conditions
listed below,
prior to proceeding
with any return.
Three
easy steps:
- Send
us your
request
via e-mail.
(Please
include
your order
number).
- We
will send
you instructions,
with an
RMA request
form to
complete
and return
by e-mail.
- You
may contact
our Customer
Care
department
at (952)
884-2051
from 9 AM
to 5 PM,
Monday through
Friday,
and 11 AM
to 3 PM
Saturday
and Sunday,
CST.
We
will do our
best to process
the return
request quickly.
Please allow
14-21 days.
At
times software
may discontinue
manufacturing
a product.
Items offered
at discounted
pricing and
clearly marked
as discontinued,
are not eligible
for return
or exchange.
At
times, we
will customize
a software
product at
the purchasers
request. Those
items, are
not eligible
for return
or exchange.
Returns
on clearance,
special offer,
or sale items
cannot be
exchanged
or returned,
as the manufacturer
has either
discontinued
these items
or we no longer
have them
in stock.
By
submitting
any software
order, you
acknowledge
and agree
that the website
and any software
("Software")
purchased
through the
website, contain
proprietary
and confidential
information
that is protected
by applicable
intellectual
property and
other laws.
You further
acknowledge
and agree
that Content
contained
in sponsor
advertisements
or information
presented
to you through
the software
or Merchant
is protected
by copyrights,
trademarks,
service marks,
patents or
other proprietary
rights and
laws. Except
as expressly
authorized
by product
manufacturer
or us, you
agree not
to modify,
rent, lease,
loan, sell,
disassemble,
distribute
or create
derivative
works based
on the web-site
or Software,
in whole or
in part. A
single license
grants you
a personal,
nontransferable
and non-exclusive
right and
license to
use the software
on a single
computer;
provided that
you do not
(and do not
allow any
third party
to) copy,
modify, create
a derivative
work of, reverse
engineer,
reverse assemble
or otherwise
attempt to
discover any
source code,
sell, assign,
sub-license,
grant a security
interest in
or otherwise
transfer any
right in the
Software.
You agree
not to modify
the software
in any manner
or form, or
to use modified
versions of
the software.
Some
software features
links to other
World Wide
Web sites
or resources.
Because manufacturer
has no control
over such
sites and
resources,
you acknowledge
and agree
that Merchant
and Manufacturer
are not responsible
for the availability
of such external
sites or resources,
and does not
endorse and
is not responsible
or liable
for any content,
advertising,
products,
continued
existence,
or other link
operational
features,
on or available
from such
sites or resources
accessed through
the Software's
active forms,
or Internet
Control Panel
features.
You further
acknowledge
and agree
that Merchant
and Manufacturer
shall not
be responsible
or liable,
directly or
indirectly,
for any damage
or loss caused
or alleged
to be caused
by, or in
connection
with, use
of, or reliance
on, any such
linked content,
goods or services
available
on or through
any such site
or resource.
Further, you
agree to indemnify
and hold Merchant
and Manufacturer,
and its subsidiaries,
affiliates,
officers,
agents, co-branders
or other partners,
and employees,
harmless from
any claim
or demand,
including
reasonable
attorneys'
fees, made
by any third
party due
to or arising
out of Internet
content made
available
through the
Software active-links,
and control
panel features,
for any reasons
whatsoever,
including
your violation
of any active-form/control
panel directed
destination
site owners
terms for
use, or your
violation
of any rights
of another.
MERCHANT
HEREBY EXPRESSLY
DISCLAIMS
ALL WARRANTIES,
EITHER EXPRESSED
OR IMPLIED,
INCLUDING
ANY IMPLIED
WARRANTY OF
MERCHANTABILITY,
FITNESS FOR
A PARTICULAR
PURPOSE. This
disclaimer
in no way
affects the
term of any
manufacturer's
warranty.
Merchant
is providing
this site
and its contents
on an "AS
IS" basis
and makes
no warranty
or representation,
either express
or implied,
including
the warranties
of merchantability,
fitness for
a particular
purpose, and
non-infringement.
In
no event shall
this Merchant
or any subsidiaries
or affiliates,
or their respective
officers,
directors,
employees,
representatives
or agents
be liable
for special,
incidental,
consequential,
punitive,
indirect,
or other special
damages, including
but not limited
to, loss of
data, use,
or profits,
however caused,
whether for
breach of
contract,
negligence,
or otherwise,
and whether
or not Merchant
has been advised
of the possibility
of any such
damages.
IN
NO EVENT SHALL
THIS MERCHANT,
OR PARENT,
SUBSIDIARIES,
AFFILIATES,
OR THEIR RESPECTIVE
OFFICERS,
DIRECTORS,
EMPLOYEES,
REPRESENTATIVES,
OR AGENTS
BE LIABLE
FOR DIRECT,
SPECIAL, INCIDENTAL,
CONSEQUENTIAL,
PUNITIVE,
OR INDIRECT
DAMAGES (INCLUDING
BUT NOT LIMITED
TO, LOSS OF
DATA, USE,
OR PROFITS),
HOWEVER CAUSED,
WHETHER FOR
BREACH OF
CONTRACT,
NEGLIGENCE,
OR OTHERWISE,
AND WHETHER
OR NOT MERCHANT
HAS BEEN ADVISED
OF THE POSSIBILITY
OF ANY SUCH
DAMAGES. YOU
AGREE THAT
THE MERCHANT
OR AFFILIATED
PARTIES MAXIMUM
LIABILITY
ARISING FROM
ANY PRODUCT
SOLD BY MERCHANT
SHALL NOT
EXCEED THE
PRICE OF SUCH
PRODUCT. SOME
JURISDICTIONS
DO NOT ALLOW
THE LIMITATION
OF EXCLUSION
OF LIABILITY
FOR CERTAIN
DAMAGES SO
THE ABOVE
LIMITATIONS
AND EXCLUSIONS
MAY NOT APPLY
TO YOU TO
THE EXTENT
SUCH JURISDICTIONS
LAW IS APPLICABLE
TO THIS AGREEMENT.
RESTRICTED
RIGHTS LEGEND:
Software is
"Restricted
Computer Software."
Use, duplication,
or disclosure
by the US
Government
is subject
to restrictions
as set forth
in this Agreement
and as provided
in DEARS 227.7202-1(a)
and 227.7202-3(a)
(1995), DFARS
252.227-7013
(OCT 1988),
FAR 12.212(a)(1995),
FAR 52.227-19,
or FAR 52.227-14,
as applicable.
End
users may
also transfer
the LICENSED
SOFTWARE from
one computer
to another
(provided
the LICENSED
SOFTWARE on
the transferring
computer is
deleted upon
completion
of transfer).
You may not
electronically
transfer the
LICENSED SOFTWARE
from one computer
to another
over a network
or transfer,
sub-license,
re-license,
resell, assign,
rent, distribute
copies of
the LICENSED
SOFTWARE to
others, or
otherwise
transfer the
LICENSED SOFTWARE
commercially
for the benefit
of a third
party.
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