|Terms & Conditions|
Last Updated: Dec 2, 2010
IMPORTANT -- READ CAREFULLY:
YOU AGREE THAT YOUR USE OF THE SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
THE SERVICES MAY BE PROVIDED TO YOU ON A FREE OR TRIAL BASIS AT THE SOLE DISCRETION OF EMU.
YOUR USE OF THE EMU SOFTWARE WILL BE GOVERNED BY THE EMU END USER LICENSE AGREEMENT ("EULA") ACCOMPANYING THE SOFTWARE, AN ELECTRONIC COPY OF WHICH WILL BE INSTALLED IN THE APPROPRIATE EMU PRODUCT FOLDER ON YOUR COMPUTER UPON INSTALLATION OF THE SOFTWARE. BY CLICKING ON THE "ACCEPT" BUTTON, OR OTHERWISE USING OR ACCEPTING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA.
1. Payment & Service
EMU SOFTWARE & CONSTANT PROTECTION PROGRAM (“CPP”)
You agree to pay EMU for use of the software and updates using a valid payment method, plus any applicable taxes, in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. You authorize EMU to automatically bill the credit, charge or debit card you provide for the software which is a one-time fee of 39.95 for unlimited use on a single PC and the annually renewing Constant Protection Program (“CPP”) entitling you to updates of the software for the price of 39.95 per year which will charged a year after purchasing. EMU may receive updated information about your account from the financial institution issuing your credit, charge or debit card. Payments are billed in advance at the beginning of the applicable year. All payments are completely refundable within 30 days of initial subscription date and 60 days of renewal date. You agree to provide EMU with a valid payment method and accurate, complete and updated information required by the subscription registration form. Failure to comply may result in the immediate termination of Services.
You are responsible and liable for any fees, including attorney and collection fees, that EMU may incur in its efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding balances if you cancel the Services, or the Services are terminated. You agree to notify EMU about any billing problems or discrepancies within 60 days after they first appear on your account statement. If you do not bring them to EMU's attention within 60 days, you agree that you waive your right to dispute such problems or discrepancies.
While being subscribed to CPP, you will be entitled to receive: (1) the software Product; (2) any generally available EMU upgrades released during your subscription period; and (3) EMU support services. UNDER NO CIRCUMSTANCES WILL EMU BE LIABLE IN ANY WAY FOR ANY CONTENT THAT YOU HAVE ACCESS TO DURING YOUR SUBSCRIPTION PERIOD, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, AVAILABILITY OF THE SERVICE, ANY SUBJECT MATTER RELATED TO THE PRODUCT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE PRODUCTS PROVIDED AS PART OF THE SERVICE.
2. Your Right To Cancel Services
3. EMU's Right To Terminate Or Modify Services
EMU may modify the terms of this Agreement or the Services, including but not limited to the price, content or nature of the Services or software Products, upon notice to you. In the event EMU modifies the Agreement or the Services, you may terminate the Product license or Services. EMU may terminate this Agreement and any Services at any time upon notice to you, provided that you will be entitled to receive the Services for any period for which you have already paid, or a pro-rata refund at EMU's sole discretion. EMU may provide notice by e-mail or by publishing the changes on its website. This Agreement will automatically terminate if you fail to comply with any term. No notice shall be required from EMU to effect such termination. Upon any termination of this Agreement (whether by you or EMU), you shall immediately discontinue use of the Services. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.
4. Service Use Restrictions
A) You agree that you shall only use the software Products or Services in a manner that complies with all applicable laws in the jurisdictions in which you use the Products or Services, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other individuals to use the Products or Services; (ii) modify, translate, distribute or create derivative works of the Products or Services; (iii) copy or redistribute the Software; (iv) rent, lease, transfer, or otherwise transfer rights to the Products or Services; (v) remove any proprietary notices or labels on the Products or Services; (vii) reverse engineer the Products; or (viii) add to, alter, delete from, or otherwise modify the Products.
B) You may only use the Products or Services for your private, non-commercial use. You may not use the Products, Services or Contents in any way to provide, or as part of, any commercial service or application. All Contents, including but not limited to what is streamed, downloaded or copied using the Products or Services, are protected by the U.S. copyright laws and related laws of other jurisdictions, and are provided for your own personal use only. You may not, under any circumstances, distribute Content to third parties, or broadcast or perform the Contents outside your normal circle of family and social acquaintances.
C) You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in, the Products.
D) You understand that the Products or Services may suppress applications, or components of applications ("Applications"), from running on your computer. This may include Applications which you may have agreed to use within certain limitations. You agree that it is your responsibility to honor and respect all agreements and their terms for all Applications installed in your computer prior to or after installing the Products or Services, and you further agree that EMU shall not be liable to you, in any way, should the Products or Services suppress such Applications.
E) In addition to any other remedies available in equity or law to EMU, failure to comply with any of the terms and conditions in this Section 4, Service Use Restrictions, shall immediately terminate your license to the Products or Services.
5. Personal Information & Privacy
6. Email & Telephone Notification
To let you know what new Services are available from time to time, EMU will send you e-mail or contact you by telephone describing the latest upgrades and how to get access to them. You agree that as a Service subscriber, EMU may contact you via the e-mail address or telephone number you provide. Because this e-mail or this telephone communication is necessary for you to receive the Services, you will receive this e-mail or a telephone call even if you have opted out of receiving any communication from EMU. If you do not want to be notified, you may cancel the Service at any time as provided in this Agreement, or opt out of the EMU Service e-mail as provided in each e-mail.
Title, ownership, rights, and intellectual property rights in and to the Products or Services shall remain in EMU and/or its suppliers. The Products or Services are protected by the copyright laws of Canada and other countries, and by international copyright treaties. Title, ownership rights and intellectual property rights in and to the Products accessed through the Services shall be retained by the applicable Content owner and may be protected by applicable copyright or other laws.
8. Disclaimer Of Warranty & Limit Of Liability
THE SERVICES ARE PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ISSS FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICES OR CONTENT REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMU OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES, OR THE CONTENT EVEN IF ISSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ISSS RELATED TO THIS AGREEMENT OR THE SERVICES SHALL BE CANCELLATION OF THE EMU SERVICES. IN THE EVENT A COURT AWARDS DIRECT DAMAGES DESPITE THE FOREGOING, SUCH DAMAGES SHALL NOT EXCEED THE LESSER OF $1.00 OR THE AMOUNT YOU PAID. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EMU DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY CONTENT PROVIDED BY OR THROUGH EMU.
9. Complete Agreement
This Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by you, whether formally rejected by EMU or not. The acceptance of any purchase order you place is expressly made conditional on your consent to the terms set forth herein. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of EMU. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded
Please relay any questions you may have pertaining our above stated policies to our Customer Service Center via email (email@example.com).