This Terms and Conditions Agreement ("Terms and Conditions") applies to the use of the Softwareeshop.com (SES) website located at www.softwareeshop.com (the "Website").
Individuals must be 18 years of age or older to use this Website and its Websites, and you warrant that you are eighteen (18) years of age or older. The parties acknowledge having read and agreed to be bound by such online terms.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE WEBSITE OR THE WEBSITE.
SES reserves the right, at its sole discretion, to change, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions each time before using the Website. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of these Terms and Conditions, which shall apply until we post a modified Terms and Conditions and then in accordance with such modified Terms and Conditions. As long as you comply with these Terms and Conditions and any such modifications, SES grants you ("End User") a personal, non-exclusive, non-transferable, non-sub licensable, limited privilege to enter and use the Website.
The content and intellectual property on this Website belongs to SES or attributed SES content providers and licensees and protected under the US and international law. Content includes but is not limited to information, data, images, video, trademarks, Website marks, industrial designs, logo, and other material and Websites, both copyrighted and non-copyrighted.
The content of this Website may not be reproduced, downloaded, screen captured, disseminated, published or otherwise transferred in any form or by any means, without the explicit written permission of SES. Unauthorized activities involving SES Website content may be a violation of the US or international law, and subject to criminal and civil prosecution. By visiting this Website, you do not acquire or obtain by implication or otherwise, any license or right or permission to use or make additional copies of any SES Website content. You agree not to display or make use of any SES Website content in any manner, including but not limited to commercial purpose, without explicit written permission from SES.
Your Use of the Website
By using the SES Website, you agree to the following terms and conditions of use ("Terms") and assume full responsibility and risk for your use of this Site and any Websites or information contained herein. If you do not agree to the Terms of this Website, you should immediately stop utilizing this Website.
By using this Website, you acknowledge that the content here, including these Terms, may change at any time without any requirement on the part of SES to provide notification prior to the changes nor notification after the fact. All users are responsible for reviewing the Terms and content of this Website for changes. Your continued use of this Website after any modification to the Terms or content of this Website shall be construed as your acceptance of the revisions.
By using this Website, you agree that you will use any Websites or content of this Website for lawful purposes only. You are prohibited from using this Website to acquire, transfer, store or otherwise move any information, data, content, or material in violation of any US or international law (including law pertaining to intellectual property).
By using this Website, you agree that you will not use any Websites or content of this Website for any commercial purposes without explicit written permission from SES. Conditional exceptions for the commercial use of this Website are granted to SES members currently in good standing; please consult the SES membership terms for more information.
Website User Account
SES Website user account is necessary to fully access the Websites and content available through this Website. Having a user account for this Website alone does not represent membership within SES. You are having an active and valid user account for this Website does not make you SES member. However, any official SES membership status may be displayed through your user account.
By signing up for a Website user account, you agree to provide all information required by the signup process factually and only information pertaining to your own self. It is prohibited to provide third-party information or false information to SES or through this Website in an attempt to impersonate a party you are not legally authorized to represent. You may also not use another's party's account, nor may you allow another party to use your account to access content or Websites that require a user account to access.
By signing up for a Website user account, you agree to assume full responsibility for all activities that occur on or through your account. It is therefore imperative that you keep your account information secure. Any breach of your account's security, such as the theft of your password, must be immediately reported to SES. SES reserves the right to, at its sole discretion, terminate (including a ban, delete, etc) your user account without prior notice for any reasons included within these Terms or otherwise.
By signing up for a Website user account, you agree that you have no actual ownership of your account or any portion of this Website. SES may, at its discretion and without prior notice, remove any or all material submitted by your account (including the account itself) for reasons including but not limited to violation of these Terms, violation of the US or international law, troublemaking, etc. SES assumes no liability for any content or Website removed from our site, whether it originated from SES or a Website user account, and reserves the right to permanently restrict or block access to the Website or a user account. By using this Website, you agree that SES will have no liability to you if this Website and its content and Websites are discontinued to you or in general.
Disclaimer & Limitation of Liability
SES strives to ensure that the content of this Website is accurate and reliable. However, neither SES nor the World Wide Web (or Internet Website Provider and hosting Websites) is infallible, and errors or Website disruptions may sometimes occur. Therefore, SES HEREBY NOTIFIES YOU THAT THIS WEBSITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR CONTENT THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE< SHALL SES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL SES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND SES'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR WEBSITES. IN NO EVENT SHALL SES'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CASES OF ACTION EXCEED FIVE DOLLARS ( USD 5). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
By using this Website, you understand and agree that any reliance on any content or Website on this Website will be at your own risk. SES makes no representation regarding the length of time that any content will be preserved or otherwise stored or displayed. SES reserves the right to revise the content and Websites of this Website without notification to past, present for prospective visitors or users. Under no circumstances shall SES be liable for any indirect, special, incidental, or consequential damages arising out of any use of the content or Websites of this Website.
Links to Other Sites
This Website may be linked to third-party websites that are not owned by, maintained by, known by or affiliated with SES. SES does not sponsor, endorse, approve, certify, or control those websites and is not responsible for the contents of such sites. Those sites contain information created, published, maintained, or otherwise posted by institutions or organizations independent of SES. SES makes no representations or warranties about the content, completeness, or accuracy of those third-party sites or information located on such sites. Such links do not constitute or imply endorsement, recommendation, or favoring by SES.
SES shall have the right to refuse or cancel any orders placed for products and/or Websites listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. SES shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, SES shall immediately issue a credit to your credit card account in the amount of the canceled portion of the order.
Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the e-mail address you provide to us. If we cancel an order or part of an order that we've already charged you for, we'll refund you the full amount of the canceled portion of the order.
You agree to indemnify and hold SES, its parents, subsidiaries, officers, employees, agents, licensors, representatives, and third-party providers to this Website harmless for any claims, damages and, expenses, including reasonable attorneys' fees and costs, related to violation of these Terms or unlawful or abusive behavior, including the infringement of any intellectual property or privacy rights of any person, or any violations thereof by your dependents.
The above is included in the Terms and Conditions at checkout, by acknowledging them, you the buyer agree to them and therefore take full responsibility for any products purchased from SES.
Both you and SES acknowledge and agree that no partnership is formed and neither of you nor SES has the power or the authority to obligate or bind the other. These Terms constitute a binding agreement between you and SES and is accepted by you upon your use of this Website. These Terms constitute the entire agreement between you and SES regarding the use of this Website.
This Agreement will be governed by and construed in accordance with US law without regard to conflicts of law principles. By using this Website, you hereby agree that any and all disputes regarding these Terms will be subject to US law. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Although SES will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SES or others due to such unauthorized use. If SES fails to act with respect to your breach or anyone else's breach on any occasion, SES is not waiving its right to act with respect to future or similar breaches.
Due to the nature of the digital distribution of active license codes, SES cannot offer refunds or exchanges for products once delivered and activation/license key has been viewed. All licensing sales are final.
The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between you and SES relating to this Website, and replace any prior understandings or agreements (whether oral or written) regarding this Website. If a court finds any of these terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable. This Website and any promotions contained thereon are void where prohibited.
By using this Website, you understand that these Terms constitute a binding agreement between You and SES.