Sales Policies for USA/Canada/Mexico · AGB für USA/Kanada/Mexiko
Please review these policies carefully as they are the terms of sale that govern your purchases at the equinux Store. They set out your rights and obligations with respect to your purchases, including important limitations and exclusions. Your placement of an order at the equinux Store constitutes your agreement that these policies apply to the order, so be certain you understand them before you place your order.
To learn about equinux's return and refund policy, please read the following. Please note there may be limitations on your right to return and obtain a refund for products.
A. General Provisions
§ 1 Payment and Order Information
All payments will be charged in US Dollars.
All orders from USA/Canada/Mexico will be processed by equinux USA, Inc.
§ 2 Sales Tax
Sales tax may apply depending on the location for customers within the United States of America.
§ 3 Import Duties
Depending on your location you may be required to pay additional import duties. Please consult your local authority for more information.
§ 4 Return and Refund Policy
All sales of equinux software are final, no refunds are possible.
Before any purchases of our software are made, we always strongly recommend utilizing our demo versions. The demo versions allow you to fully test all features of our software.
For sales of equinux hardware the following return/refund terms on page 2 are applicable:
http://www.equinux.com/goto/returnformusa
§ 5 equinux Software Licenses
Your use of equinux-branded software is on the terms of the license in effect for the software at the time of purchase. You will be asked to agree to the terms of the applicable license (EULA=End User License Agreement) at the time that you install the software. Please be aware, that your purchase is subject to the particular license that accompanies the software (EULA) and you must agree to the terms and conditions of that license when you install the software. Be certain to read the applicable license carefully before you install the software.
§ 6 Other Terms and Conditions
equinux reserves the right to change the terms and conditions of sale at the equinux Store at any time.
equinux may make changes to any products or services offered at the equinux Store, or to the applicable prices for any such products or services, at any time, without notice. The information provided at the equinux Store with respect to products and services may be out of date, and equinux makes no commitment to update the information provided at the equinux Store with respect to such products and services.
equinux reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the equinux Store, or to any portion of the equinux Store, for any reason; (2) to modify or change the equinux Store, or any portion of the equinux Store, and any applicable policies or terms; and (3) to interrupt the operation of the equinux Store, or any portion of the equinux Store, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
To the extent permitted by law, all sales at the equinux Store are governed by California law, without giving effect to its conflict of law provisions.
No equinux employee or agent has the authority to vary any of the equinux Store's policies or the terms and conditions governing any sale.
If any of the aforementioned policies are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such policy shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the policy, so that the policies shall remain in full force and effect.
equinux's failure to insist on or enforce strict performance of these policies shall not be construed as a waiver by equinux of any provision or any right it has to enforce these policies, nor shall any course of conduct between equinux and you or any other party be deemed to modify any provision of these policies.
These policies shall not be interpreted or construed to confer any rights or remedies on any third parties.
B. equinux Protection Program
§ 7 Scope of Service
If the Customer participates in the equinux Protection Program for a software which he has purchased, for the duration of the Protection Program the Customer shall automatically receive all new upgrades, updates and patches, which equinux publishes for this software within the term of the Protection Program agreement for customers of this software. However, this does not entail any obligation upon the part of equinux to develop and supply upgrades, updates or patches.
equinux shall, within the parameters of the equinux Protection Program, make new upgrades, updates and patches available to the Customer for download on the equinux website. The information about available new upgrades, updates or patches can be reviewed by the Customer on the equinux website.
§ 8 Fee
The amount of the fee for participation in the Protection Program is stated on the equinux price list which is valid at the time the order is made. The fee must be paid in full and in advance by the Customer for the entire contractual term of the agreement before beginning the Protection Program. If the fee is not paid by the Customer when due, equinux shall be entitled to withdraw from the agreement.
§ 9 Contractual Term
The contractual agreement for participation in the Protection Program shall be concluded for the fixed contractual term of the period respectively ordered by the Customer.
The contractual agreement for participation in the Protection Program shall automatically end, without any special termination being required, at the end of the period ordered by the Customer unless the Customer renews his participation in the Protection Program in accordance with § 12 before the ordered period ends. No right exists to prematurely make ordinary termination.
§ 10 Renewal
In the event that the Customer renews his participation in the Protection Program before the ordered period ends, the ordered renewal period shall begin to run when the originally ordered period lapses.
The prices for the availment of the services from the Protection Program during the renewal period shall be based upon the equinux price list which is valid at the time that the Customer orders renewal. The fee must be paid in full and in advance by the Customer for the entire renewal period before the renewal period begins. § 10 Clause 3 shall apply accordingly.
Revised: 1st February 2012
To learn about equinux's return and refund policy, please read the following. Please note there may be limitations on your right to return and obtain a refund for products.
A. General Provisions
§ 1 Payment and Order Information
All payments will be charged in US Dollars.
All orders from USA/Canada/Mexico will be processed by equinux USA, Inc.
§ 2 Sales Tax
Sales tax may apply depending on the location for customers within the United States of America.
§ 3 Import Duties
Depending on your location you may be required to pay additional import duties. Please consult your local authority for more information.
§ 4 Return and Refund Policy
All sales of equinux software are final, no refunds are possible.
Before any purchases of our software are made, we always strongly recommend utilizing our demo versions. The demo versions allow you to fully test all features of our software.
For sales of equinux hardware the following return/refund terms on page 2 are applicable:
http://www.equinux.com/goto/returnformusa
§ 5 equinux Software Licenses
Your use of equinux-branded software is on the terms of the license in effect for the software at the time of purchase. You will be asked to agree to the terms of the applicable license (EULA=End User License Agreement) at the time that you install the software. Please be aware, that your purchase is subject to the particular license that accompanies the software (EULA) and you must agree to the terms and conditions of that license when you install the software. Be certain to read the applicable license carefully before you install the software.
§ 6 Other Terms and Conditions
equinux reserves the right to change the terms and conditions of sale at the equinux Store at any time.
equinux may make changes to any products or services offered at the equinux Store, or to the applicable prices for any such products or services, at any time, without notice. The information provided at the equinux Store with respect to products and services may be out of date, and equinux makes no commitment to update the information provided at the equinux Store with respect to such products and services.
equinux reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the equinux Store, or to any portion of the equinux Store, for any reason; (2) to modify or change the equinux Store, or any portion of the equinux Store, and any applicable policies or terms; and (3) to interrupt the operation of the equinux Store, or any portion of the equinux Store, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
To the extent permitted by law, all sales at the equinux Store are governed by California law, without giving effect to its conflict of law provisions.
No equinux employee or agent has the authority to vary any of the equinux Store's policies or the terms and conditions governing any sale.
If any of the aforementioned policies are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such policy shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the policy, so that the policies shall remain in full force and effect.
equinux's failure to insist on or enforce strict performance of these policies shall not be construed as a waiver by equinux of any provision or any right it has to enforce these policies, nor shall any course of conduct between equinux and you or any other party be deemed to modify any provision of these policies.
These policies shall not be interpreted or construed to confer any rights or remedies on any third parties.
B. equinux Protection Program
§ 7 Scope of Service
If the Customer participates in the equinux Protection Program for a software which he has purchased, for the duration of the Protection Program the Customer shall automatically receive all new upgrades, updates and patches, which equinux publishes for this software within the term of the Protection Program agreement for customers of this software. However, this does not entail any obligation upon the part of equinux to develop and supply upgrades, updates or patches.
equinux shall, within the parameters of the equinux Protection Program, make new upgrades, updates and patches available to the Customer for download on the equinux website. The information about available new upgrades, updates or patches can be reviewed by the Customer on the equinux website.
§ 8 Fee
The amount of the fee for participation in the Protection Program is stated on the equinux price list which is valid at the time the order is made. The fee must be paid in full and in advance by the Customer for the entire contractual term of the agreement before beginning the Protection Program. If the fee is not paid by the Customer when due, equinux shall be entitled to withdraw from the agreement.
§ 9 Contractual Term
The contractual agreement for participation in the Protection Program shall be concluded for the fixed contractual term of the period respectively ordered by the Customer.
The contractual agreement for participation in the Protection Program shall automatically end, without any special termination being required, at the end of the period ordered by the Customer unless the Customer renews his participation in the Protection Program in accordance with § 12 before the ordered period ends. No right exists to prematurely make ordinary termination.
§ 10 Renewal
In the event that the Customer renews his participation in the Protection Program before the ordered period ends, the ordered renewal period shall begin to run when the originally ordered period lapses.
The prices for the availment of the services from the Protection Program during the renewal period shall be based upon the equinux price list which is valid at the time that the Customer orders renewal. The fee must be paid in full and in advance by the Customer for the entire renewal period before the renewal period begins. § 10 Clause 3 shall apply accordingly.
Revised: 1st February 2012
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