All Sales of Products or Services from these Web Pages or from Third Parties linked to these Web Pages are made, based on the following End User Purchase Agreement. This End User Purchase Agreement is not the End User License Agreement (EULA) which governs the use of the Product and which is attached to every Product sold through these pages.
End User Purchase Agreement
This is to confirm the sale by ezetest (the Company) to "End User" of certain computer software, hardware and related documentation ("Product"). The Product name is as specified in the download or on the CD-ROM or on the hardware received.
End User acknowledges that he, she or it, has full power and authority to execute this purchase order to confirm the sale of Product. Return of this purchase order by pressing the acceptance or buy button will carry the same force and effect as return of "hard copy" for an order via mail or any other "hard copy" delivery mechanism. End User acknowledges acquisition of the Product from the Company subject to the following terms and conditions:
1. "AS IS SALE". PRODUCT HAS BEEN PURCHASED BY END USER "AS IS" AND "WITH ALL FAULTS" AND END USER ACKNOWLEDGES NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE ARE TO BE APPLIED IN THIS TRANSACTION.
2. DISCLAIMER OF WARRANTIES. EZETEST OR ANY OF ITS AFFILIATES OR RETAILERS GIVE NO WARRANTY, EXPRESSED OR IMPLIED, AS TO DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, PRODUCTIVENESS OR ANY OTHER MATTER. EZETEST OR ANY OF ITS AFFILIATES OR RETAILERS IS IN NO WAY RESPONSIBLE FOR PRODUCT'S PROPER USE AND SERVICE AND END USER HEREBY WAIVES ALL RIGHTS OF FIRST REFUSAL AND RETURN OF GOODS. END USER ACKNOWLEDGES THAT IT ASSUMES THE RISKS AND ENTIRE LIABILITY FOR THE SELECTION AND USE OF PRODUCT, AND EZETEST OR ANY OF ITS AFFILIATES OR RETAILERS SHALL HAVE NO LIABILITY FOR ERRORS, MALFUNCTIONS, DEFECTS, OR LOSS OF DATA RESULTING FROM OR RELATING TO THE USE OF PRODUCT.
3. NO CONSEQUENTIAL DAMAGES. EZETEST OR
ANY OF ITS AFFILIATES OR RETAILERS WILL NOT BE LIABLE TO
END USER FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES OR LOST PROFITS ARISING OUT OF, OR RELATED TO THE
PURCHASE OF PRODUCT, OR END USER'S USE OF PRODUCT, EVEN
IF EZETEST OR ANY OF ITS AFFILIATES OR RETAILERS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL THE COMPANY OR ANY OF ITS AFFILIATES OR RETAILERS'
LIABILITY HEREUNDER, IF ANY, EXCEED THE PURCHASE PRICE
PAID BY END USER FOR PRODUCT.
End User's execution hereof constitutes unconditional acceptance of Product. End User represents and warrants that the credit card payment data is true, complete and accurate, and that End User shall be liable for any all costs, expenses and reasonable attorneys' fees should any collection effort ensue from distributor by virtue of a breach of the foregoing representations.
This purchase order shall be construed and enforced under the laws of the Republic of Ireland, exclusively in a court of the Republic of Ireland.
If not a natural person, the executor on behalf of End User above, represents and warrants that he or she has full authority to execute this purchase order in the name of End User.
This Agreement solely regulates the act of purchase of the product and does not regulate the limitations on its use.
January 1, 2010
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