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InverseFlow Terms of Service
This agreement sets out the terms and conditions ("Terms and Conditions") applicable to customers of NextGen software sales services, including the sale of InverseFlow products, both operated by NextGen software.
InverseFlow is a NextGen software Company.
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. NextGen Softwares CONTENT AND SERVICES ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS. NextGen software DISCLAIMS ANY IMPLIED WARRANTIES. NextGen software, 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 SERVICES PROVIDED BY NextGen Softwares, 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 NextGen software, 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, NextGen software DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICE 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 (INCLUDING WITHOUT LIMITATION ALL CONDUCT ASSOCIATED WITH BULLETIN BOARD ACTIVITY). IN NO EVENT SHALL NextGen software 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 NextGen Softwares HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NextGen software 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 NextGen software FOR THE USE OF THE SOFTWARE. YOU HEREBY RELEASE NextGen Softwares 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 shipping address) and possibly financial information (like credit card number, expiration date). 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 T-shirt, you may only have either the discount or the t-shirt. 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 My SQL and PERL installed and configured to specifications. Customer must provide a interface to connect to the server, upload files and configure My SQL databases. Customer must provide a server with all necessary components installed, including and not limited to a UNIX based OS, Apache, My SQL, PERL, etc. NextGen software 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. NextGen software 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 NextGen software agent. NextGen software 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 InverseFlow Product, you are entitled to use such software on ONE DOMAIN NAME. Additional domain name licenses must be purchased at the retail rate posted on our web site. Special offers do not 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 NextGen software 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. NextGen software does not accept any returns nor make any refunds for the Software. Notwithstanding the foregoing, You may return the Software and receive a refund if all of the following apply: (a) You have verified that your Web server meets NextGen software's systems requirements; (b) NextGen software has been unable to install the Software on your server pursuant to a service agreement between You and NextGen software; (c) the request for a refund has been made within seven (7) days of your purchase (including weekends and holidays); and (d) you have not downloaded a copy of the software to your hard drive yet. Your refusal to permit NextGen software to install the Software will void your right to a refund.
NextGen software provides free lifetime support to all clients. 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.)
NextGen software 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.
NextGen software STRICTLY PROHIBITS THE REDISTRIBUTION OR RESALE OF OUR PRODUCTS. DO NOT SELL, GIVE AWAY OR REUSE OUR PRODUCTS WITHOUT PERMISSION. NextGen software will take legal action against any users that are found to be pirating NextGen Software products. In addition NextGen software will report any users found pirating other products to the products developer or care-keeper.
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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 NextGen software. The failure of NextGen software 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. This License shall be governed by and construed in accordance with the laws of the STATE OF ILLINOIS without regard to its conflict of law rules. Any legal proceeding arising out or relating to this Agreement will be subject to the exclusive jurisdiction of any state or federal court sitting in Chicago, Illinois. The provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods shall not apply. If You have any questions concerning this License, please write to: NextGen software
Privacy is a huge priority here at NextGen Softwares. Please review our privacy policy.
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