By accessing or using this site you agree to the Terms of Use. Imagio reserves
the right to change the Terms of Use from time to time at its sole discretion,
without notice. This Terms of Use statement was last updated on 28 February
2005.
Copyright
All information in this web site is Copyright © 2002-2005 Imagio Technology
Limited. All rights reserved. Except as specifically permitted, no portion of
this web site may be distributed or reproduced by any means, or in any form,
without Imagio Technology's prior written permission.
Use of Software
The software and accompanying documentation that are made available to download
from this site are the copyrighted work of Imagio. Use of the software is
governed by the terms of the end user license agreement that accompanies or is
included with such software. You will not be able to download or install any
software that is accompanied by or includes an end user license agreement
unless you agree to the terms of such end user license agreement. If you do not
agree to such terms, you will not be able to use the software.
Links to third-party web sites
Imagio's site may provide links to third-party web sites, which are not under
the control of Imagio. Imagio makes no representations about third-party web
sites. When you access a non-Imagio web site, you do so at your own risk.
Imagio is not responsible for the reliability of any data, opinions, advice, or
statements made on third-party sites. Imagio provides these links merely as a
convenience. The inclusion of such links does not imply that Imagio endorses,
recommends, or accepts any responsibility for the content of such sites.
Personal Information and Privacy
To learn about how Imagio protects your personal information, such as your name
and address, refer to the online Privacy Policy. Please note that any
non-personal information or material sent to Imagio will be generally be deemed
to NOT be confidential.
Orders
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There shall be no binding agreement between the customer and Imagio until the
customer's order has been accepted by Imagio.
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All orders are accepted subject to the availability of goods and to these
conditions. No terms or conditions put forward by the customer shall be binding
on Imagio.
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The customer accepts that these conditions and any specific details stated on
its accepted order constitute the entire understanding between parties and
supersede any prior promise, representation, undertaking or understanding of
any kind.
Prices
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Unless otherwise expressly agreed in writing the goods shall be sold and
invoiced at Imagio's current prices at the date of despatch. Catalogues, web
site, price lists and other advertising material are provided for illustrative
purposes only.
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Unless otherwise agreed in writing prices do not include delivery and taxes (if
any) and such costs shall be payable by and invoiced to the customer.
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Any typographical clerical or other error or omission in any sales literature,
quotation, price list, acceptance of offer, invoice or document or information
produced by Imagio shall be subject to correction without any liability on the
part of Imagio.
Delivery
All downloadable purchases are made available for a period of 7 days from that
date of purchase. The customer shall note any claim for innaccessible downloads
within 7 days from the date of purchase. All Goods are deemed delivered and
completed if such notice is not received within such period.
Title
Imagio shall retain full ownership of and title to all goods delivered to the
customer or any part thereof unless and until the customer has paid all sums
owing to Imagio. Imagio transfers no title to or ownership in goods comprising
software to the customer or any third party.
Refunds and Returns
All goods shall be deemed accepted unless rejected by notice in writing to
Imagio within 7 days of purchase. Any such notice shall give detailed reasons
for such rejection. Refunds will be given at the discretion of Imagio.
Limited Warranty
Imagio warrants that it has the right to license you to use the software it
supplies. Imagio warrants that the software will perform substantially in
accordance with the accompanying specification for a period of 90 days from the
date of receipt. Imagio warrants that if the software fails to substantially
conform to the accompanying specification and if the non-conformity is reported
to Imagio within the 90 day period, then Imagio's entire liability and your
exclusive remedy shall be the replacement of software. Imagio makes no
warranty, representation, or promise not expressly set forth in this limited
warranty and disclaims and excludes any and all implied warranties of
merchantability and fitness for purpose. Imagio does not warrant that the
software will meet your requirements or that it is free from defects or errors,
or that the operation of the software will be uninterrupted. No waranty is
given in respect of demonstration software.
Term
This agreement is effective from the date of purchase of the software and will
remain in force until terminated by you destroying all parts of the software or
breach of any of the terms contained in this agreement whereupon termination
shall be immediate. Upon breach of any of the terms contained in this agreement
you will immediately inform Imagio of the nature and date of the breach and
return the software to Imagio. This agreement shall be governed by and
interpreted in accordance with the laws of England. Furthermore it is
understood that this agreement shall be treated with as though it were executed
in England, and any action relating to this agreement shall be instituted and
prosecuted in the English courts.
Limitation of Liability
Imagio shall not be liable for any direct, speculative, consequential or
incidental losses or any special damages hereunder including damages due to
lost profits, loss of use or anticipated loss of use, or the inability to use
the software however arising. In no event shall Imagio's liability for damages
exceed the amount paid for the software.
Severability
If any provisions of this agreement are invalid or unenforceable, those
provisions shall be construed, limited, or modified to eliminate its
invalidity, or unenforceability, and the other provisions of this agreement
shall remain unaffected.
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