Terms and Conditions of Sale
ACCEPTANCE OF TERMS
All sales made by Syntext through the www.syntext.com website or any other Syntext owned, operated, licensed or controlled website (collectively the “Sites”) are subject to the following Terms and Conditions of Sale ("Terms").
Syntext reserves the right to update these Terms from time to time without notice to you. Such modifications shall be effective immediately upon their posting.
By ordering any product or service through the Sites, you agree to follow, be bound by and to comply with these Terms.
PRICING
Prices offered on the Sites are quoted in U.S. Dollars. Such prices do not include any taxes, which may be added to your total invoice price where legally required. You are responsible for any taxes that may apply to your order.
We will add such taxes to the price where legally required, and you will reimburse us for such taxes. If you claim that you are exempt from such taxes, you shall be responsible for providing us with appropriate documentation of such exemption.
Syntext reserves the right to change any prices due to changing market conditions, errors in advertisements, and other extenuating circumstances.
PAYMENT
Payment for products and services will be made by credit card, wire transfer, or some other pre-arranged payment method. Invoices are due and payable within the time period noted on the invoice. Syntext will send invoices by email only. Invoices are usually sent out within 1-2 business days after placing the order. Your order is subject to cancellation by Syntext, at Syntext's sole discretion.
SOFTWARE DELIVERY PER DOWNLOAD
Syntext software products are delivered electronically only. You can download the software at any time from our download page. The purchased software license will be sent to you by email.
Syntext does not charge for shipping since there is no actual shipment of a physical product.
You will setup the Internet connection required for download and bear the costs of using the Internet connection that is required to retrieve the download.
Magnetic media, CD, DVD or printed documents and manufacturer's guides are not supplied in physical form and there is no obligation to do so.
SUPPORT
As part of your software purchase, Syntext provides technical support for a year via email only. You can renew your support each subsequent year by purchasing it for the support renewal price. The renewal of support starts on the day immediately following the expiration of the previous support.
Support which expired more than 2 months ago can be renewed by purchasing the product upgrade.
Your software license purchase excludes training, learning, and education services, and technical support for source code modified by you or a third party.
LIMITATION ON USE OF SOFTWARE
Any software that is made available to download from the Sites is the copyrighted work of Syntext and/or its licensors (if any). The End User License Agreement, if any, which accompanies or is included with the software ("EULA") governs its use.
If you purchase a Syntext software product license, you will be bound by the terms of the applicable EULA. The EULA is available for your review before you make your purchase decision.
If you download software from our Sites, your use of the software is also governed by the applicable EULA presented to you prior to your download of the software.
Any use, reproduction or redistribution of the software not in accordance with such EULAs is prohibited.
NO RESALE OF PRODUCTS
Unless you are an authorized reseller, you agree that you are buying the Syntext products for your own internal use only, and not for resale.
PRIVACY
Syntext reserves the right to use personally identifiable user information in accordance with the Syntext Sites' Privacy Policy.
GOVERNING LAW
These Terms and all sales shall be governed by the laws of the State of Washington, without regard to conflict of laws principles. All controversies and disputes arising out of or relating to the Sites and the Terms shall be submitted to the state and federal courts located in King County, Washington, USA.
The failure of Syntext to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by the court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOU USE THE PRODUCTS AND SERVICES AT YOUR OWN RISK. THE PRODUCTS AND SERVICES THAT YOU PURCHASE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SYNTEXT AND ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
LIMITATION OF LIABILITY
YOU AGREE THAT SYNTEXT AND ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, PARTNERS AND LICENSORS IN NO EVENT SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SYNTEXT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE PURCHASE OF ANY ITEM VIA THE SITES AND/OR ITS USE. IN NO EVENT SHALL SYNTEXT'S AGGREGATE LIABILITY UNDER THESE TERMS EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE ITEM. THESE LIMITATIONS SHALL NOT APPLY WHERE EXPRESSLY PROHIBITED BY LAW.
INDEMNITY
You agree to indemnify and hold Syntext and its subsidiaries, affiliates, employees, partners and licensors harmless from any claim, demand, obligations, or expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your use of any items purchased through the Sites, your violation of the Terms, or your violation of any rights of another person.
RETURN POLICY
All sales made through the Sites are final and no refunds will be made in accordance with the Syntext's Return Policy.
