Downloadable Software Policy
PRODUCT KEY / ACTIVATION CODE:
Only one product key / activation code will be issued per purchase of downloadable software product. Product keys / activation codes, along with download instructions, will be emailed to you once it has been confirmed and established that the billing address on the payment method matches the address information on your purchase order. In the event you misplace your product key / activation code, you may log in to your ClubIT.com account and click on the 'Request Code' link next to your order. The product key / activation code for that purchase order will be emailed to you then. HOWEVER, please note that no new product key / activation code will be issued unless a new purchase of the software is made.
DOWNLOADABLE SOFTWARE:
Downloadable software is non-refundable once the download is complete. If you have purchased downloadable software, and did not download the software using the supplied download link, the software may be “returned” for a refund within 30 days of purchase. In order to process a refund for downloadable software a Letter of Destruction must be filled out completely and sent to our Customer Service Department. Please contact the Customer Service Department to obtain a copy of the Letter of Destruction.
RESTRICTIONS:
This Software contains trade secrets and in order to protect them you may not: (1) distribute copies of the Software in any manner, including, but not limited to, distribution through web site posting; (2) decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human perceivable form; (3) MODIFY, ADAPT OR TRANSLATE THE SOFTWARE INTO ANY OTHER FORM; (4) RENT, LEASE, LOAN, RESELL FOR PROFIT, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART OF IT.
DISCLAIMER OF WARRANTY:
THE SOFTWARE IS BEING PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU ACCEPT ALL RISKS WHICH MAY ARISE FROM THE DOWNLOADING OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ERRORS IN TRANSMISSION OR CORRUPTION OF EXISTING DATA OR SOFTWARE. CLUBIT.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF NON INFRINGEMENT OF THIRD PARTIES' RIGHTS, WARRANTIES OF SATISFACTORY QUALITY AND OF FITNESS FOR A PARTICULAR PURPOSE. CLUBIT.COM FURTHER MAKES NO WARRANTIES THAT THERE WILL BE NO DELAYS, FAILURES, ERRORS, OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, THAT THERE WILL BE NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED, OR THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACK UP OF ALL YOUR DATA AND/OR EQUIPMENT AND FOR UNDERTAKING REASONABLE AND APPROPRIATE PRECAUTIONS TO SCAN FOR COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROPERTIES.
LIMITATION OF LIABILITY:
In no event shall ClubIT.com be liable for any damages, losses, or liabilities including without limitation, direct or indirect, special, incidental, consequential damages, losses, or liabilities, in connection with your use of the software or your reliance on or inability to use the software including but not limited to any failure of performance, error, omission, interruption, defect, delay in operation, or transmission, computer virus or line or system failure.
INDEMNIFICATION:
You, as the customer, agree to indemnify, defend, and hold ClubIT.com, its parents, affiliates, employees, agents, third party information providers, service providers, licensors, or the like, and their respective officers, directors, employees, agnets, representatives, licensors, and third party providers to this site, from and against all losses, expenses, damages, and costs including reasonable attorney's fees, resulting from any violation of these terms and conditions.
LICENSE AGREEMENT:
Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
OTHER:
These terms and conditions shall be governed by, interpreted, and enforced in accordance with the laws of the State of California and the Federal laws of the United States of America. Customers agree to submit to the personal and exclusive jurisdiction of the state or federal courts within the State of California for any disputes arising from or related to this site or these terms and conditions. |