Terms and Conditions

The names "ServiceSoftware" and "ServiceSoftware.com" are used interchangeably throughout this document. Your use of the ServiceSoftware.com Web site is governed by the policies, terms, and conditions set forth below. Please read them carefully. By using this site or submitting an order for products or services to ServiceSoftware, or any affiliate, you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below (also referred to as this "Agreement"). This Agreement shall supersede any prior or subsequent terms or conditions included with any communications, agreement, purchase order, or invoice, whether or not such terms or conditions are signed by ServiceSoftware. ServiceSoftware reserves the right to make changes to this site and to these terms and conditions at any time. Any such modifications will become effective upon the date they are first posted to this site.

Copyright and Trademark Notice

All screens appearing on this site including graphics, text elements, site design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole property of ServiceSoftware.com, Copyright © 1998, 1999, 2000, 200, 2002, 2003, 2004, 2005, 2006, 2007, 2008 unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. ServiceSoftware.com, the ServiceSoftware logo, and the KDTV Software logo are trademarks of ServiceSoftware. All other marks, names, and logos mentioned herein are the property of their respective owners.

Products and Services ordered through ServiceSoftware.com and Affiliates

Some products and services available for order through ServiceSoftware are distributed on behalf of third-party suppliers ("Suppliers"). Except for the ServiceSoftware Return Policy, all of your rights and remedies with respect to your order, purchase, possession, and use of the these Products and all maintenance, update, warranty, liability, and any other obligations related to these Products, if any, shall be governed by the applicable policies and procedures of the Suppliers. ServiceSoftware is not responsible for any of the foregoing obligations, and customer shall have no right of recourse against ServiceSoftware for any such obligations.

Site Content and Information

ServiceSoftware's Web site contains information, advice, text, and other materials ("ServiceSoftware.com Information") that are provided for your convenience and enjoyment. You should be aware that the ServiceSoftware.com Information may contain errors, omissions, inaccuracies, or outdated information. Files available for download may contain malicious content or virus. ServiceSoftware.com makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any ServiceSoftware.com Information and shall not be liable for any lack of the foregoing. Descriptions of, or references to, products or publications within the ServiceSoftware.com site does not imply endorsement of that product or publication. ServiceSoftware.com is not engaged in rendering legal, accounting, or other similar advice or professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought.

NO WARRANTY

ServiceSoftware.com, SOFTWARE, FILES, AND ALL RELATED DOCUMENTATION MAY CONTAIN ERRORS, BUGS AND OTHER PROBLEMS WHICH COULD CAUSE SYSTEM FAILURE. THE TESTING AND QUALITY ASSURANCE OF ALL FILES AVAILABLE AT THIS WEB SITE HAVE NOT YET BEEN COMPLETED. BECAUSE THE SOFTWARE, FILES, AND DOCUMENTATION ARE SUBJECT TO CHANGE, ServiceSoftware RESERVES THE RIGHT TO ALTER THE SOFTWARE, FILES, AND DOCUMENTATION AT ANY TIME, AND ANY RELIANCE ON THE SOFTWARE, FILES, AND DOCUMENTATION IS AT YOUR SOLE RISK. THE SOFTWARE, FILES, AND DOCUMENTATION ARE PROVIDED ON AN "AS IS" BASIS. ServiceSoftware MAKES NO WARRANTIES, TERMS, OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, AS TO ANY MATTER WHATSOEVER. IN PARTICULAR, ANY AND ALL WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS ARE EXPRESSLY EXCLUDED. FURTHER, ServiceSoftware MAKES NO REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS THAT THE SOFTWARE, FILES, AND DOCUMENTATION PROVIDED ARE FREE OF ERRORS OR VIRUSES OR THAT THE SOFTWARE, FILES, AND DOCUMENTATION ARE SUITABLE FOR YOUR INTENDED USE.

Disclaimer and Limitation of Liability

ServiceSoftware makes no representations or warranties, either express or implied, of any kind. With respect to warranty, the ServiceSoftware.com information, other products, services, or materials offered, sold, or displayed on the ServiceSoftware.com sites or your use of the ServiceSoftware.com sites generally. To the full extent permissible under applicable law, ServiceSoftware expressly disclaims all warranties, express or implied, of any kind, with respect to the warranty. The ServiceSoftware.com information, products, services, or materials offered, sold, or displayed on the ServiceSoftware.com sites or your use of the ServiceSoftware.com sites generally, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction's law is applicable to this agreement.

You agree that, except as provided under the ServiceSoftware.com return policy, ServiceSoftware.com, its directors, partners, officers, employees, consultants, agents, or other representatives ("service providers") shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or use of any product or service, even in the event of inaction, regardless of whether such liability is based in tort, contract, or otherwise. In no event, shall ServiceSoftware.com be liable to you for any indirect, special, incidental, consequential, or punitive damages (including without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), with respect to the the ServiceSoftware.com information, other products, services, or materials offered, sold, or displayed on the ServiceSoftware.com sites, your use of the ServiceSoftware.com sites generally, or otherwise in connection with this agreement, regardless of whether ServiceSoftware.com or any of its partners, representatives, or affiliates have been advised of the possibility of such damages.

If the foregoing limitation is held to be unenforceable, the maximum liability of ServiceSoftware.com and its service providers to you shall not exceed the amount of the fees paid by you for products or services you have ordered through the ServiceSoftware.com sites. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction's law is applicable to this agreement.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify ServiceSoftware.com's acceptance of your order, nor does it constitute confirmation of our offer to sell. ServiceSoftware.com reserves the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your account. ServiceSoftware.com reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance policies. We may require additional verifications or information before accepting any order. Price and availability of products and services offered on the ServiceSoftware.com sites are subject to change without prior notice. To the extent we provide information on availability of products, you should not rely on such information. ServiceSoftware.com will not be liable for any lack of availability of any products or service that you may order through ServiceSoftware.com.

ServiceSoftware.com Return Policy

No ServiceSoftware.com product may be returned to ServiceSoftware.com for refund or replacement. All software products are available as trial versions, or examples are available as trial versions, allowing ample time for evaluation prior to purchase. No refund will be made at any time for any service provided. ServiceSoftware.com reserves the right to discontinue any service without notice or refund.