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This agreement sets out the terms and
conditions ("Terms and Conditions") applicable to customers of Rubayath
Media products.
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. Rubayath
Media SOFTWARE ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS.
Rubayath Media DISCLAIMS ANY IMPLIED WARRANTIES. Rubayath Media , 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 SOFTWARE PROVIDED BY Rubayath Media , 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 Rubayath Media , 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, Rubayath Media DOES NOT
REPRESENT OR WARRANT THAT THE SOFTWARE 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. IN NO EVENT SHALL Rubayath Media 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 Rubayath Media HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Rubayath Media 'S 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
Rubayath Media FOR THE USE OF THE SOFTWARE. YOU HEREBY RELEASE
Rubayath Media 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 address)
and possibly financial information (like credit card number, expiration date
if payment is not paid through
Paypal).
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 gift, you may only have either the discount or the gift. 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 MySQL and PERL/PHP installed and
configured to specifications. Customer must provide a interface to connect
to the server, upload files and configure MySQL databases (using PHPMyAdmin).
Customer must provide a server with all necessary components installed,
including and not limited to a UNIX based OS, Apache, MySQL, PERL, PHP etc.
Rubayath Media 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. Rubayath Media 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 Rubayath Media agent. Rubayath Media
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 Rubayath Media
Product, you are entitled to use such software on ONE DOMAIN NAME and
SERVER. Additional domain name licenses must be purchased at the retail rate
posted on our web site. Special offers may or may 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 Rubayath Media 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. Rubayath
Media does not accept any returns nor make any refunds for the
Software.
Refunds are NOT given if server
specifications does not meet requirements as listed on our corresponding
product info page. Refunds are NOT given for unsuitability to a web server
requirement for which the requirements are clearly listed on the product
site. Refunds are NOT given for missing "features" or missing capabilities
for our products which feature a fully functional online demo. The customer
is responsible for determining if the product is suitable by using the demo.
Refunds are NOT given for installation fees or other non-product labor
costs.
Rubayath Media provides free 1 year support and updates to all clients
with every software purchase. Additional support and updates for the 2nd and
subsequent years will cost $35/yr. 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.)
Rubayath Media STRICTLY PROHIBITS THE REDISTRIBUTION OR RESALE OF OUR
PRODUCTS. DO NOT SELL, GIVE AWAY OR REUSE OUR PRODUCTS WITHOUT PERMISSION.
Rubayath Media will take legal action against any users that are found
to be pirating Rubayath Media products. In addition Rubayath Media
will report any users found pirating other products to the products
developer or care-keeper.
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 Rubayath Media . The
failure of Rubayath Media 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. If You have any
questions concerning this License, please email us at
service@rubayath.com
Privacy is a huge priority here at Rubayath Media . Please review our
privacy policy.
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