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Terms and Conditions

Access and other use of this site, including order placement, indicates your agreement to be bound by these terms and conditions of use.

Changes to the Terms and Conditions

SoftwareMedia may change these terms and conditions at any time without notice. Access, use of and order placement on this site indicates your acceptance of that. You should check these terms and conditions regularly if you are using the site, as they supersede any previously posted or printed terms and conditions.

Third Party Web Sites

SoftwareMedia does not review or control all links to or from the web site, and is not responsible for their content located on those sites. You understand that your use of such third party sites is at your own risk and may be subject to that site's terms of use.

Copyright and Trademarks

Worldwide copyright laws and treaty provisions protect all materials appearing anywhere on the SoftwareMedia web site. The copying of the SoftwareMedia web site, in part or in whole, with intention to disperse, alter, transfer, publicize, exhibit or present information is strictly prohibited except with the written consent of SoftwareMedia. Some documents or graphical elements might be subject to the copyright of another source. All other content included on the SoftwareMedia web site is property of SoftwareMedia. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the SoftwareMedia web site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. All trademarks or servicemarks are property of their respective owners.

Information Accuracy

Every effort is made on the part of SoftwareMedia to present web content, information and availability accurately, but changes, additions, deletions and typographical errors may occur at any time. Regarding typographical errors, SoftwareMedia reserves the right to refuse to process, cancel, or make the sale in accordance with the correct information. If changes or cancellations are made to an order in such a case, the customer will be notified.

Regarding product image displays, SoftwareMedia makes a concerted effort to ensure image accuracy, but changes and errors may occur. Always rely on product information such as title, price, and description to verify that you are ordering the correct product.

Shipping

SoftwareMedia prides itself on its same-day shipping and its speedy service. However, shipping times are estimates, are largely influenced by the third party carriers we use, and may vary in extenuating circumstances. SoftwareMedia is not responsible for any shipping delays, and cannot guarantee the arrival time of any package.

Product Package Types

Product package types are expressly listed for each product, with a link to the package description. By placing an order, you agree that you have read the Package Type description of the product(s) and that you understand the nature of the product you are ordering.

By ordering an OEM product, you understand that, although it is a full version of the product, it includes only the CD-ROM, the Certificate of Authenticity and the product key codes. Being intended for system builders, OEM software does not include a box, a comprehensive manual, a warranty or technical support from the manufacturer or SoftwareMedia.

Electronic Software Delivery

SoftwareMedia will retain all backup documentation or software packaging for customer for up to 2 years (or longer if requested) on all software products sold to show proof of purchase by the customer in the event of a company sale, merger, audit (such as by Business Software Alliance or by a publisher directly) or a license transfer request of the software or software products. SoftwareMedia will upon request by the customer send any and all additional software package materials that were not sent on the original order that are held at our secured storeage center.

After the 2 year period of time (determined by purchase date), the physical box product will be destroyed (unless otherwise requested by customer in writing). The license keys will still be accessible by logging into their account or by contacting us directly.

By ordering software and having the activation or serial key sent to you either via email, telephone or physical shipment, you agree that you are authorizing SoftwareMedia to open the software package on your behalf.

Technical Support

SoftwareMedia makes a considerate effort to assist customers with any minor technical support issues. However, SoftwareMedia is not responsible for any technical support for the products sold on our site. Repeated incidents of technical support requests are subject to a $25 per-incident technical support fee. SoftwareMedia is in no way responsible for installation or use of the product(s) you purchase, and by making a purchase you agree that you are the responsible party for such actions. If you are unsure how to use or install a software or hardware product, you should hire a specialist, as SoftwareMedia is not responsible for any damages caused by products purchased on the site.

Warranties

You understand that all of the products sold on the SoftwareMedia site are under warranty provided by the manufacturer, with the exception of OEM products, which do not include any form of warranty.

Order Acceptance

Placing an order and receiving an electronic order confirmation does not bind order acceptance by SoftwareMedia. SoftwareMedia reserves the right to cancel or limit the order quantity on any order, any time after the order was placed. SoftwareMedia reserves the right to refuse to do business with any customer. All orders with a total amount $2,000 must complete and return a credit card authorization form, issued at checkout confirmation and electronic confirmation, before the order will be processed. It is the responsibility of the purchaser to ensure that this form is received by SoftwareMedia.

Taxes

Orders shipped to the state of Utah will be charged sales tax in accordance with the current Utah tax rates.

Returns

Regarding returns, all customers wishing to return a product to SoftwareMedia must fill out a Product Return Form within 30 days of order shipment. This form can be accessed at [Returns.] Returns received without a Product Return Form or RMA number, if accepted, are subject to an automatic 20% re-stocking fee. All Returns will be processed and credited within 7 to 10 days of receipt of the product(s) returned.

SoftwareMedia reserves the right to determine whether a package is fit for resale and, therefore, returnable. Under SoftwareMedia's discretion, return packages may be subject to one or more various fees, based upon information gathered throughout sale and return correspondence, free shipping and other promotions enjoyed by the customer, and inspection of the package upon receipt. Such fees may include a $10 shipping fee, a $5 handling fee and a 15% re-stocking fee. Not all returns will be subject to these fees, and you will be notified before your credit card is charged for such amounts.

Gift Cards
  • Terms & Conditions. By purchasing, accepting and retaining, or using a SoftwareMedia Gift Card, you agree to these terms and conditions, as well as future terms and conditions and program/service changes. We reserve the right to change the format, elements, and terms and conditions of the Gift Card program at any time without notice. The Gift Card is the property of SoftwareMedia and we reserve the right to cancel or refuse gift cards as payment for any reason. The Card and associated offers are void where prohibited by law.
  • Use of the Gift Card. Gift Cards must be redeemed through SoftwareMedia's retail Web site, www.softwaremedia.com or through phone orders (1-800-474-1045). Purchases are deducted from the Gift Card balance. If an order exceeds the amount of the Gift Card, the balance must be paid with a credit card or other available payment method. You may use multiple gift cards on an order. Credits for returns accepted by SoftwareMedia, will be allocated back to the card. To view Gift Card balances, visit "My Account" on SoftwareMedia.com or click here.
  • Lost and Stolen Cards. We are not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission. Treat your Gift Card like cash, because lost or stolen Gift Cards will not be replaced.
  • Limitations. Gift Cards cannot be resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Unused Gift Card balances in a SoftwareMedia account may not be transferred.
  • Fraud. SoftwareMedia has the right to close customer accounts and request alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on SoftwareMedia.com.
Limitation of Liability

SoftwareMedia makes no representations or warranties, either expressed or implied, of any kind with respect to products sold through SoftwareMedia. SoftwareMedia expressly disclaims all warranties, expressed or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to SoftwareMedia arising from any product sold on the site shall be the price of the product ordered. In no event shall SoftwareMedia, its directors, officers, employees or other representatives be liable for special, indirect, consequential or punitive damages related to product sold.

Disputes

You agree that any disputes shall be expressed to SoftwareMedia before action is taken. You agree not to dispute or charge-back your credit card without first informing SoftwareMedia of your intent to do so. Charge-backs that do not follow this strict policy will be subject to a $25 incident fee.

Jurisdiction and Venue

You agree that any legal action brought against SoftwareMedia shall be governed by the laws of the State of Utah without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your access of, use of, or orders made on the SoftwareMedia site shall be an appropriate federal or state court located in Salt Lake County, Utah.