This agreement sets out the terms and conditions ("Terms and Conditions")
applicable to customers of AlstraSoft products.
By ordering our products you bind yourself to this agreement and certify that
you do, in fact, agree to this agreement in full.
THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. ALSTRASOFT
SOFTWARE ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS. ALSTRASOFT DISCLAIMS
ANY IMPLIED WARRANTIES. ALSTRASOFT, ANY OF ITS EMPLOYEES, MANAGEMENT OR
AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES
RESULTING IN USE OR MISUSE OF ANY INFORMATION, CONTENT OR SOFTWARE PROVIDED BY
ALSTRASOFT, INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL RESULTING
FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OF SERVICES, OR TERMINATION OF
SERVICES. THE SOFTWARE IS PROVIDED "AS IS" AND YOU ASSUME ALL RISK WITH ITS
INSTALLATION, CONFIGURATION AND USE. THERE ARE NO WARRANTIES, CLAIMS OR
REPRESENTATIONS MADE BY ALSTRASOFT, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH
RESPECT TO THE SOFTWARE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE,
NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE
THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR
TRADE USAGE. FURTHER, ALSTRASOFT DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE
WILL ALWAYS BE AVAILABLE, ACCESSIBLE, ACCURATE, COMPLETE, OR ERROR-FREE. THE
FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND
FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SOFTWARE AND ANY
ASSOCIATED SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY,
SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
YOU ASSUME ALL RISK ASSOCIATED WITH THE INSTALLATION AND USE OF THE SOFTWARE. IN
NO EVENT SHALL ALSTRASOFT BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR
STRICT LIABILITY OR OTHER THEORY), FOR COVER OR FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF
PROFITS OR DATA, BUSINESS INTERRUPTION, COMPUTER FAILURE OR OTHER PECUNIARY
LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR PERFORMANCE OF
ANY RELATED SERVICES, EVEN IF ALSTRASOFT HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
ALSTRASOFT'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR
DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR
RELATING TO THIS LICENSE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO ALSTRASOFT
FOR THE USE OF THE SOFTWARE. YOU HEREBY RELEASE ALSTRASOFT FROM ANY AND ALL
OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE
FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
We request information from the user on our order form (software sales order.)
Here a user must provide contact information (like name and address) and
possibly financial information (like credit card number, expiration date if
payment is not paid through Paypal).
This information is used for billing purposes and to fill customer’s orders.
Should we have trouble processing an order, this contact information is used to
get in touch with the user.
We send all new members a welcoming e-mail to verify password and username.
Established members will occasionally receive information on products, services,
special deals, and a newsletter. Out of respect for the privacy of our users we
present the option to not receive these types of communications. Please see our
choice and opt-out below.
Special offers are valid until the date and time posted on our website. If no
time is posted, then it will be 12:00 PM NOON on the day of expiration. We may
have more than one special offer available at any given time, in fact we often
have several. However, unless CLEARLY MARKED, only one is good at a time. E.g.
if we are offering a discount or a gift, you may only have either the discount
or the gift. You cannot have both, unless we state otherwise.
Software installation services may be provided free of charge, however may also
be provided on a fee basis. This is decided on a case by case basis and may be
influenced by the type of product ordered, the nature of the server to be
installed upon, the geographical location of the server and the type of software
the server operates on.
Our installation service only applies to UNIX, Linux, and FreeBSD servers
running the Apache web server software with MySQL and PERL/PHP installed and
configured to specifications. Customer must provide a interface to connect to
the server, upload files and configure MySQL databases (using PHPMyAdmin).
Customer must provide a server with all necessary components installed,
including and not limited to a UNIX based OS, Apache, MySQL, PERL, PHP etc.
AlstraSoft will not take responsibility for installing these components. This
offer does not apply to Windows or non-UNIX based servers. This offer does not
apply to improperly configured servers. This offer does not apply to software
updated and only applies to original installation. This offer is not binding.
AlstraSoft reserves the right to deny installation to any customers on a
case-by-case basis for any and all reasonable reasons. Installation is done on a
request and appointment basis, at a set time scheduled by a AlstraSoft agent.
AlstraSoft will make every attempt for a speedy installation, but no time
guarantees are imposed. No software returns once software is a) downloaded or b)
installed or c) both. One installation per product license. Multiple
installations may be purchased with product licenses during the duration of this
promotion. This offer may expire at any time with or without notice, but will
apply to all orders made during the duration of this offer. For further
clarification please contact us.
Licenses Clarification: When you place an order for an AlstraSoft Product, you
are entitled to use such software on ONE DOMAIN NAME and SERVER. Additional
domain name licenses must be purchased at the retail rate posted on our web
site. Special offers may or may apply to additional license orders. You are
entitled to create one copy of the software for backup purposes, however may not
utilize it for use on another domain name.
All sales of our products are final unless otherwise decided. Decisions are to
be placed only in the hands of the AlstraSoft agent handling your request. No
refunds will be issued, guaranteed or promised. Once we issue a registration
number or registered copy there is no way for us to recall, or rescind a
registration number or registered program that has already been issued to a
customer. Essentially, once the registration information or program has been
issued there is no way for us to guarantee that a customer has not, or is not
continuing to use the product. AlstraSoft does not accept any returns nor make
any refunds for the Software. Refunds
are NOT given if server specifications does not meet requirements as listed on
our corresponding product info page. Refunds are NOT given for unsuitability to
a web server requirement for which the requirements are clearly listed on the
product site. Refunds are NOT given for missing "features" or missing
capabilities for our products which feature a fully functional online demo. The
customer is responsible for determining if the product is suitable by using the
demo. Refunds are NOT given for installation fees or other non-product labor
costs.
AlstraSoft provides free 1 year support and updates to all clients with every
software purchase. Additional support and updates for the 2nd and subsequent
years will cost $35/yr. Support will only be denied if the client has abused the
service or is not a legitimate client (e.g. has not paid for the product,
obtained the product illegally, has altered the product, etc.)
AlstraSoft STRICTLY PROHIBITS THE ALTERATION OF OUR PRODUCTS. Doing so will void
all support contracts and agreements, and exclude you from free updates in the
future. In short, by altering our product you voided your agreement with us. If
you require modification of our products, you will need to email us for prior
approval.
AlstraSoft STRICTLY PROHIBITS THE REDISTRIBUTION OR RESALE OF OUR PRODUCTS. DO
NOT SELL, GIVE AWAY OR REUSE OUR PRODUCTS WITHOUT PERMISSION. AlstraSoft will
take legal action against any users that are found to be pirating AlstraSoft
products. In addition AlstraSoft will report any users found pirating other
products to the products developer or care-keeper.
We do not ship boxed software. Our box images are not actual boxes. All software
is delivered via download.
The terms set forth in this License and any related service agreements
constitute the final, complete and exclusive agreement with respect to the
Software and may not be contradicted, explained or supplemented by evidence of
any prior agreement, any contemporaneous oral agreement or any consistent
additional terms. Should any term or provision hereof be deemed invalid, void or
unenforceable either in its entirety or in a particular application, the
remainder of this License shall nonetheless remain in full force and effect. Any
term of this License may be amended and the observance of any term may be waived
only with the written consent of AlstraSoft. The failure of AlstraSoft at any
time or times to require performance of any provision hereof shall in no manner
affect its right at a later time to enforce the same unless the same is waived
in writing. If You have any questions concerning this License, please email us
at legal@alstrasoft.com
Privacy is a huge priority here at AlstraSoft. Please review our privacy policy.
Find out how we can assist in the development for your website and obtain a no obligtion quote and estimation, do kindly contact us and we will get back to you within 1-2 working days.
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