||Thanks for using the Amitools.com ("Amitools.com") web site ("Site").
Your activities and acquisitions at the Site are governed by (a) the
license agreement(s) incorporated in the shareware evaluation copies of
the applications licensed in registered form through the Site (which terms
are incorporated into the Agreement by this reference), and (b) this
document, the conditions, notices and consents that are provided or
obtained in connection with the Site (collectively, "Agreement"). As used
in the Agreement "you" are an individual acting on your own behalf, or
"you" are an agent of a person or entity that has authorized you to act on
that person's or entity's behalf.
By using the Site or by placing an order through the Site, or by
placing an order through any other medium for products described or made
available through the Site, you agree as follows:
© 2003 Amitools.com. All rights
reserved. Ordering Terms and Conditions.
- Order Modification, Cancellation and
You agree that all orders placed through the Site, by telephone, by
FAX, by electronic mail, by conventional mail or by any other medium are
considered to have been processed at such time as they are received and
accepted by Amitools.com (or any of its order processing agents
SWREG.ORG). Once your order has been processed, it may
not be modified or cancelled in any way, for any reason.
You undertake that, having placed an order, you have ensured that all
the information provided to Amitools.com in conjunction with your order
is accurate and correct. You further undertake that you are the person
or entity identified as the intended recipient of the product or
products being ordered, or that you are acting on behalf of the person
or entity so identified with the full authority of the person or entity
to enter into the transaction which constitutes your order.
You undertake that you have fully evaluated the current
shareware/trialware evaluation versions of the software products you are
ordering, and that you have found them to be entirely suitable for your
applications, and free of "bugs" or other limitations which would render
the software products unsuitable for use in your applications.
You agree that you will make no effort to withhold payment for your
order or to subsequently dispute payment for your order, subject to the
laws of the jurisdiction where you reside.
You agree that in the event Amitools.com does not receive complete
payment by credit card for your order due to a dispute, insufficient
funds or any other cause, Amitools.com shall have recourse to seek
payment in any manner it sees fit, subject to the laws of the
jurisdiction where you reside. Further, in this eventuality, you agree
to pay, in addition to the total value of your order, any reasonable
cost of collection required to obtain payment for your order by Amitools.com or its agents or representatives.
You agree, in the case of software products which are to be delivered
by downloading, that you have sufficient expertise to effect the
download using the download facilities provided by Amitools.com. The
responsibility for successfully acquiring downloadable products is
wholly yours. You further agree that your inability to download the
software you have purchased does not constitute sufficient grounds for
the cancellation of said order, or for dispute of the charges for said
order or any products therein.
You agree that non-delivery of your order does not constitute
sufficient grounds for cancellation of said order, or for dispute of the
charges for said order or any products therein. In the event that your
order is not delivered within the time specified by Amitools.com at the
Site, you agree to contact Amitools.com and arrange to have a
replacement order shipped or provided by electronic media, the medium of
the replacement order to be identical to the medium of the original
order. You agree that the sole responsibility of Amitools.com is the
replacement of your order. You agree to indemnify, hold harmless, and
defend Amitools.com and its suppliers from and against any claims or
lawsuits, including attorney's fees, that arise or result from the
non-delivery of your order.
In the event that your order is found to have been undelivered due to
an error in the information provided by you to Amitools.com for the
purpose of shipping your order, you agree to compensate Amitools.com for the cost of a replacement order, including but not exclusive to
packaging, media costs, labor and postage or shipping costs, if so
requested by Amitools.com.
You agree that Amitools.com software is licensed, not sold. All
ownership, title and intellectual property rights in and to the software
accompanying your order, including any associated media and any
documentation or printed materials, are owned by Amitools.com or its
You agree that in ordering software products from Amitools.com, you
are purchasing a license or licenses to use the software products,
subject to the specific license terms of the software products. Said
licenses pertain only to the version and revision level of the software
products current at the time the licenses are conveyed, and do not
extend to future releases or updates of the software products.
You agree that the licenses for the software products you have
ordered are deemed to be conveyed at such time as your order for the
software products is processed and accepted by Amitools.com.
You agree that upon receipt of the software products, licenses or
registration files for the software products you have ordered, by
electronic or physical media, whichever occurs first, you are deemed to
have received in full the licenses for which you have paid.
You agree that licenses for Amitools.com software products may not
be transferred, exchanged, distributed or resold to persons or entities
other than the persons or entities placing this order or upon whose
behalf this order has been placed without the express written permission
You agree that Amitools.com shall have the right to terminate your
license and your use of licensed products owned by Amitools.com at such
time as a breech of this agreement or of the specific license agreements
for the software products is discovered by Amitools.com, brought to
your attention in writing and which remains unresolved for a period in
excess of thirty (30) calendar days beyond the date upon which you are
notified of said breech. Upon termination of your license, you will
undertake to delete and destroy all licensed materials, copies thereof
and registration codes provided to you by Amitools.com. Amitools.com shall not be required to provide you with redress, compensation,
replacement or refund in the event of the termination of your product
licenses as the result of an agreement breech.
You understand and agree that Amitools.com makes no warrantee as to
the functionality or suitability of its software products. You agree to
accept sole and complete responsibility for any loss, damage or expense
caused to you or to third parties as a result of your use of the
software, and to indemnify, hold harmless, and defend Amitools.com and
its suppliers from and against any claims or lawsuits, including
attorney's fees, that arise or result from the use of any Amitools.com software products.
You agree that Amitools.com' sole responsibility in the event that
the software products you have licensed prove to be defective in the
future is the attention of Amitools.com to said defects to the best of
its abilities, and that you are not entitled to redress or compensation
should the remedy of said defects prove to be beyond the capabilities of
Amitools.com or its suppliers.
You agree that Amitools.com does not undertake to support the
software products you have licensed, and payment for the software does
not include payment for support of any kind. Amitools.com may at its
discretion provide you with support services related to the software.
- Privacy and Security
Amitools.com undertakes to take all reasonable precautions to ensure
the privacy of information provided to it by you for the purpose of
placing an order or otherwise licensing or purchasing Amitools.com products, and for subsequent communications concerning your order, the
products you have ordered or related matters. These precautions include
but are not exclusive to:
You undertake that you will keep in confidence any
information provided by Amitools.com to you, subject only to proper
legal due process. You will not disclose to third parties any
communication from Amitools.com to you without the express written
permission of Amitools.com.
- Your name, address, telephone number, credit card information and
e-mail address will not be disclosed to third parties without your
express permission or proper legal due process, except as is required
to facilitate the processing of your order or subsequent related
- No information will be collected or disseminated regarding your
order or other communication with Amitools.com without your consent.
- You will not be contacted by Amitools.com except in conjunction
with the processing of your order, or in response to queries from you
to Amitools.com, or upgrade notification, or as a result of your
expressly requesting to be sent information.
You undertake that software product registration files constitute
confidential information provided to you by Amitools.com, and you
undertake that you will not provide them to third parties except as
is required to install the licensed software in accordance with the
terms under which it is purchased. You will not store, record, transmit
or communicate registration files in an insecure manner, as would permit
them to become available to parties which have not entered into the license
agreement for the software.
You undertake that intellectual property owned or distributed by Amitools.com
and its suppliers, including but not exclusive to the text
of books, images and recorded sound, constitute confidential information
provided to you by Amitools.com, and that you will not communicate,
distribute or disclose this information to third parties or store it in
a manner likely to allow it to be disclosed to third parties except
under conditions permitted in the specific license agreements for said
intellectual property. In the absence of specific agreements permitting
the disclosure of this material, said intellectual property shall be
You undertake that in the event that your order proves to be in any
way fraudulent, or that you violate any terms of this agreement or the
license terms of the products which you license or purchase, or that you
attempt to disavow or dispute all or part of the purchase price for your
order, Amitools.com shall be free to disclose any and all information
provided by you in any manner it sees fit.
You agree that Amitools.com is not responsible for errors, acts of
third parties or acts of God which may result in the unintentional
disclosure of your private information. You agree to indemnify, hold
harmless, and defend Amitools.com and its suppliers from and against
any claims or lawsuits, including attorney's fees, that arise or result
from the unintentional disclosure of your private information.
- Registration Codes
Amitools.com' software products are personalized and enabled through
the use of a registration file keyed to the name of the license holder
for the product, said registration file to be provided to the license
holder at the time of purchase. You acknowledge that once provided, the
safekeeping and continued availability of the registration file and
attendant information for products you have purchased a license or
licenses for rests solely with the license holder. Amitools.com may, at
its discretion, attempt to assist license holders who have lost their
registration file, but it is under no obligation to do so.
You acknowledge that registration file is deemed to pertain to the
version, revision and patch level of a specific product at the time of
purchase. They may or may not be transferable to later versions,
revisions and patch levels of the same product, at the discretion of Amitools.com.
- Your Representation
You represent and warrant for the benefit of Amitools.com that: (a)
you are at least 18 years of age; (b) you possess the legal right and
ability to enter into this Agreement and make the credit card charges on
your own behalf or on behalf of any person or entity for whom you are
acting as agent; and (c) all information that you submit to us is true,
accurate and current.
You represent that, in the event that you provide Amitools.com with
a physical address to which products are to be shipped, said address
constitutes a secure and suitable location to which your order can be
delivered and accepted by you or someone acting on your behalf. You
agree that Amitools.com will not be responsible for the loss of your
order after it has been delivered to the address you have provided. You
further agree that Amitools.com will not be responsible for the
unintentional disclosure of your private information after it has been
consigned to any third party carrier, including the public mails.
- Electronic Communication
By placing an order with Amitools.com, you permit us to communicate
with you through electronic media such as e-mail for the purpose of
fulfilling and subsequently servicing your order. You agree and
understand that electronic communication is not infallible, and that if
all or part of the license or license requirements for your ordered
products are to be delivered by electronic media and fail to be received
by you, Amitools.com' sole responsibility will be to retransmit the
aforementioned material by electronic media. You agree to indemnify,
hold harmless, and defend Amitools.com and its suppliers from and
against any claims or lawsuits, including attorney's fees, that arise or
result from the failure of the aforementioned material to be
successfully transmitted to you by electronic media.
- Submission of Ideas, Suggestions or other
Any comments or information that you provide to Amitools.com, for
example feedback or ideas, suggestions, concepts, or other information
(collectively, the "Submissions"), shall be deemed, and shall remain,
the property of Amitools.com. None of the Submissions shall be subject
to any obligation of confidence on the part of Amitools.com, and Amitools.com
shall not be liable for any use or disclosure (including
publication in any medium) of any Submissions. Without limitation of the
foregoing, Amitools.com shall exclusively own all now known or
hereafter existing rights to the Submissions of every kind and nature
and shall be entitled to unrestricted use of the Submissions for any
purpose, commercial or otherwise, without compensation to the provider
of the Submissions.
- Availability of Ordered Products
All items ordered from Amitools.com are subject to availability. We
reserve the right to reject any and all orders. Subject to applicable
law, Amitools.com reserves the right to deliver items acquired as part
of your order at different times in the event that they are not
available for shipment at the same time. Amitools.com also reserves the
right to limit the quantity of any items that may be obtained by you
through the Site.
All orders placed through the Site are shipment contracts, not
destination contracts. If you would like your items delivered at a
particular location, you will be responsible for the shipping charges.
Shipping and handling charges may or may not reflect actual costs and
may be amended by Amitools.com from time to time.
- Items Shipped or Returned to Amitools.com
You agree not to ship items to Amitools.com or return items to Amitools.com
without a specific Return Merchandise Authorization number
provided to you by Amitools.com for the shipment in question. You
understand that all items shipped to Amitools.com are at your risk, and
that Amitools.com shall not be held liable for their value under any
You understand that items shipped to Amitools.com without a valid
Return Merchandise Authorization number clearly and prominently
displayed on the exterior of the package may and shall be destroyed or
returned to you, at the discretion of Amitools.com.
- License to Use the Site
We hereby grant you the right to view and use the Site for the
purpose of shopping in accordance with this Agreement. You may download
and print copies of this document and of screens from this Site for the
purpose of retaining records of your transactions at the Site. Subject
to applicable law, Amitools.com reserves the right to suspend or deny,
at its sole discretion, your access to all or any portion of the Site
with or without notice.
This Agreement is governed by the laws of Canada. Each of the parties
hereto irrevocably attorns to the jurisdiction of the courts of the
Canada and further agrees to commence any litigation which may arise
hereunder in the courts located in Toronto, Canada.
- Entire Agreement
If any part of this Agreement is determined to be invalid or
unenforceable, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision, and the remainder of the
Agreement shall continue in effect. The Agreement (including any related
consents or agreements that you provide during your visit to the Site)
together with any license or agreement with Amitools.com delivered in
connection with any item acquired via the Site, constitutes the entire
agreement between you and Amitools.com with respect to the Site and
that item, and supersedes all other (prior or contemporaneous)
communications and proposals, whether electronic, oral or written,
between you and Amitools.com regarding the Site and/or any order you
place through it.