Amitools Ordering Terms and Conditions

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:

  1. Order Modification, Cancellation and Refunds

    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.

  2. License

    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 suppliers.

    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 of Amitools.com.

    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.

  3. Warrantee

    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.

  4. 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:

    1. 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 communications.

    2. No information will be collected or disseminated regarding your order or other communication with Amitools.com without your consent.

    3. 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 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.

    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 deemed confidential.

    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.

  5. 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.

  6. 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.

  7. 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.

  8. Submission of Ideas, Suggestions or other Intellectual Property

    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.

  9. 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.

  10. 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 circumstances.

    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.

  11. 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.

  12. Jurisdiction

    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.

  13. 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.

2003 Amitools.com. All rights reserved. Ordering Terms and Conditions.

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