TERMS & CONDITIONS

DEFINITIONS

GENERAL: These Terms & Conditions of Sale apply to all purchases of Product by Customer. Company only does business under these Terms & Conditions of Sale. Any modifications to these Terms & Conditions of Sale must be negotiated with Company prior to purchase and must be confirmed in writing. This document is not the End User License referred to herein. Said document may be found within the Product installation or can be supplied by the Company on request.

PUBLISHED SPECIFICATION: The published specification and functionality of the Product may vary from time to time as a result of ongoing development, product enhancement, and bug fixes.

MEETS REQUIREMENTS: Customer is exclusively responsible for deciding if the Product meets Customer’s requirements.  Product downloads are always available at no cost for this purpose allowing full and unlimited use of the Product for a limited period of time.

TITLE TO LICENSE: Title to the license and/or the right to use the Product does not pass to the Customer or the User until payment has been received in full by Company.

LIMITED NONEXCLUSIVE LICENSE: Customer may use the Software only on a single computer owned, leased, or otherwise controlled by Customer. Customer will not concurrently activate the Product on two (2) or more computers or use the Software in a local area network or other network without separate prior written authorization by Company and the payment of other license fees.

CUSTOMER'S ORDERS: Purchase orders received by fax, email or mail are considered official purchase orders of the individual or the company or organization the individual represents. Company is not obliged to accept Customer orders or offer credit terms.

PAYMENT: Using an approved credit card or payment card is accepted. We also accept prior payment by bank transfer, check, credit card or cash. Goods bought on credit, if credit is granted, must be paid for within the payment due date specified on the Quote/Invoice. Payments not received when due shall bear interest at the rate of one and a half percent (1.5%) per month or at the highest contract rate allowed by law, whichever is less, from its due date, until paid.

DELIVERY OF PRODUCT: Products are delivered electronically at no cost to Customer. Products delivered by post, delivery company or courier will incur a delivery charge which will be passed onto the Customer.

DATA PRIVACY: Company collects data on all Customers and on all visitors to our web site who have downloaded the Product and we hold that data securely and privately. Unless instructed by Customer to the contrary, Company may list your name or display your trade mark identifying Customer as a User of the Product on its web site and other marketing materials. Your contact details will not be included in any such listing.

SCOPE OF USE: Company grants Customer a nonexclusive right of use in the Licensed Products. User is permitted to make one (1) copy of the Product solely for backup purposes and User may make one (1) copy of the User Documentation for backup purposes only. Any such copies of the Product or the User Documentation must include Company’s copyright and other proprietary notices.  With the exception of the one (1) permitted copy, Customer shall not reproduce the Product, neither temporarily nor permanently, in whole or in part, with any means or in any form or to translate, process, rearrange the computer program, to alter the computer program in any way or to reproduce the results obtained, unless to the extent necessary for the intended use (booting and running the computer program) and the correction of errors. Product provided for may be used by Customer only for the contractual purposes of evaluation. Any use in excess whose purpose is to directly or indirectly make profit is prohibited.  Company intends to provide user manuals and other documentation beside the Product supplied with the software at his sole and absolute discretion.  All information shall be accessible by Users on Company’s website.

RETURN POLICY:  Product that is not specifically referred to as "trial version” cannot be returned for a refund. Should Customer experience a problem with any purchased Product, Company offers support services to assist with any technical issues. There are no refunds on installation services or any Product that has been installed, downloaded, or for which an activation code has been issued.

WARRANTY: User is aware that it is not possible to develop computer programs so that they will run faultlessly in all applications, sequence variants and combinations. To the extent allowed by local law, Product is provided to User "as is" without warranties or conditions of any kind, whether oral or written, express or implied. Company specifically disclaims any implied warranties or conditions of merchantability, satisfactory quality, non-infringement and fitness for a particular purpose.

LIABILITY: Except to the extent prohibited by local law, Company has no liability whatsoever for indirect, special, exemplary, physical or consequential damages, including without limitation loss of use, injury, liability, downtime costs, lost profits or revenue, or any other damages whatsoever not otherwise expressly permitted under this agreement.  This is likewise applicable to the personal liability of Company’s direct affiliates, subsidiaries, employees, representatives and vicarious agents. Liability shall apply to damages arising out of the use, inability to use, results of use of the Product, and technical inaccuracies, whether based in warranty, contract, tort or other legal theory, errors in or omissions from Company, Company’s website, and Company’s products and whether or not advised of the possibility of such damages. Customer’s use of the Product is entirely at Customer’s own risk.

TECHNICAL SUPPORT: All Users of the Product who have a valid license are entitled to technical support accessed through the Influx support center at http://www.influxsoftware.com/support. Support requests must contain a full description of the problem.

SERVICES: Unless some other agreement or understanding is confirmed and agreed to in writing by both parties all services work will be undertaken by the Company in good faith and on a best efforts basis only, whether the services work is paid or otherwise, and irrespective of where the service work is carried out.