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TERMS AND CONDITIONS OF SALE AND SERVICE
These terms and conditions govern the sale, licensing and delivery of software products and services to you by Accoria Networks Inc.
BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN ACCORIA NETWORKS INC'S INVOICE OR OTHER ACCORIA NETWORKS INC'S DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND ACCORIA NETWORKS INC HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
APPLICATIONS OF TERMS; CUSTOMER ACKNOWLEDGMENT
These Terms constitute a binding contract between Customer and Accoria Networks Inc. Customer acknowledges agreement and acceptance of these Terms by making a purchase, placing an order. These Terms are subject to change without prior notice, except that the Terms posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
NON-US OR EXPORT SALES
Sales of our software products must follow the Export Administration Regulations of the U.S. Commerce Department and applicable State Department restrictions. Rock Web Server and Rock Load Balancer contain encryptical software; and may not be allowed by the US laws to be exported to certain countries outside the US.
PRICING INFORMATION; ERROR DISCLAIMER
All pricing is subject to change. We reserve the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions. We make every effort to ensure the accuracy of the information published in our Web site. However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. We make no representations about the suitability of the information and graphics presented on this site. All such documents and graphics are provided "as is" without warranty of any kind.
LIMITATIONS OF LIABILITY
ROCK WEB SERVER, ROCK JSP/SERVLET CONTAINER AND ROCK LOAD BALANCER ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. UNDER NO CIRCUMSTANCES WILL ACCORIA NETWORKS INC. BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
ORDER; PAYMENT; RETURN
Orders are not binding upon us until accepted by us. Terms of payment are within our sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. All sales are final and no return or refund is not allowed.
SOFTWARE USES; TECHNICAL SUPPORT; API STABILITY
A PURCHASED LICENSE ALLOWS ROCK WEB SERVER OR ROCK LOAD BALANCER TO BE USED IN
THE PHYSICAL MACHINE(S) SPECIFIED ON THE PURCHASED FORM ONLY UNLESS CUSTOMER
AND ACCORIA NETWORKS INC HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE
SEPARATE AGREEMENT WILL GOVERN. ACCORIA NETWORKS INC RESERVES THE RIGHT TO
TERMINATE TECHNICAL SUPPORT BY GIVING THIRTY (30) DAYS' PRIOR WRITTEN NOTICE
TO A CUSTOMER. ACCORIA NETWORKS INC DOES NOT GUARANTEE FUNCTIONALITY AND
APPLICATION PROGRAMMING INTERFACE STABILITY BETWEEN PRODUCT RELEASES.
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