Carefully read the following legal agreement (“Agreement”), for the license
of specified software, video tutorials, and handbooks (“Software”
collectively) produced and owned by Amicron
Computing and 599CD.com (hereafter known as “Amicron”). By using our software, you (either an
individual, company, organization, corporation, or a single entity) consent to be bound by and become a party
to this Agreement. If you do not agree to all the terms of this agreement,
return this software immediately.
BY USING THIS SOFTWARE, YOU AGREE TO BECOME
BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF
THIS LICENSE, PLEASE DO NOT PURCHASE OUR SOFTWARE. PURCHASE, INSTALLATION,
AND/OR USE OF OUR
SOFTWARE INDICATES YOUR EXPRESS AGREEMENT TO THESE TERMS AND CONDITIONS.
Subject to the terms and conditions of this agreement, Amicron grants you
a license to use one copy of the Software subject to the license
restrictions set forth below. You may not transfer your license to use (give or sell)
the Software to any other party or person. Your license is non-transferable.
In other words, our Software is sold on a PER-USER basis. Your
copy is for YOU alone. You may not give or sell it to someone else when
you're finished with it.
This license is effective until terminated. You may terminate it at any
time by destroying the Software together with all copies in any form. It
will also terminate if you fail to comply with any term or condition of
this Agreement. You agree upon such termination to destroy the Software
together with all copies in any form.
The Software is protected by United States copyright laws and
international treaty provisions. Amicron retains all rights, title and
interest in and to the Software, including all copyrights, patents, trade
secret rights, trademarks and other intellectual property rights therein.
Your possession, installation, or use of the Software does not transfer to
you any title to the intellectual property in the Software, and you will
not acquire any rights to the Software except as expressly set forth in
You may not sell, lease, license, rent, loan or otherwise transfer, with
or without consideration, the Software. You may not permit third parties
to benefit from the use or functionality of the Software via a
timesharing, service bureau or other arrangement. You may not transfer any
of the rights granted to you under this Agreement. You may not reverse
engineer, decompile, or disassemble the Software, except to the extent the
foregoing restriction is expressly prohibited by applicable law. You may
not modify, or create derivative works based upon, the Software in whole
or in part. You may not copy the Software or Documentation except as
expressly permitted in this Agreement. You may not remove any notices or
labels on the Software. All rights not expressly set forth hereunder are
reserved by Amicron.
Our Software is only guaranteed to work with Microsoft Windows 98, Me,
2000, XP, Vista, and Windows 7. The Software utilizes Microsoft Windows Media Player
and Microsoft Internet Explorer, both of which come with Windows. If the user
does not have Windows Media Player or Internet Explorer on his computer,
or if these programs are not functioning properly, the User is responsible
for obtaining an updated versions of these programs directly from
Microsoft. As of the time of the writing of this Agreement, Windows Media
Player and Internet Explorer are free downloads from www.microsoft.com.
Amicron does not foresee any changes in Microsoft’s policy to provide these
programs for free, but we will not be held liable should Microsoft change
their policy in the future, or make these programs unavailable to the
public. Our software is only guaranteed to run on any Pentium-class (or
better) PC with a 52X (or faster) CD-ROM drive. Our software requires SVGA
graphics at 640x480 with 256 colors at a minimum. 800x600 and 16-bit color
is recommended. Our software also requires an audio adapter and speakers
for you to hear our instructor. Our software does not run on the Apple
Macintosh or other "non-PC" computers, however you may still be
able to watch our lessons online in our Theater.
You should download and try our
free sample lessons to make sure they work on
your computer before purchasing any courses.
The entire liability of Amicron and your exclusive remedy shall be, at
Amicron’s sole discretion, the repair or replacement of the Software.
These remedies are not available if the failure of the Software or media
is the result of misuse, abuse or a failure to follow the operating
instructions in the accompanying written materials, or if the media upon
which our Software was shipped is damaged by the User. The Customer has 10
days from the date on which the order was shipped to report any media
damaged in shipping.
Except for the limited warranty set forth herein, the software is provided
as is. To the maximum extent permitted by applicable law, Amicron
disclaims all warranties, either express or implied, including but not
limited to implied warranties of merchantability, fitness for a particular
purpose, and non-infringement with respect to the software and the
accompanying documentation. You assume responsibility for selecting the
software to achieve your intended results, and for the installation of,
use of, and results obtained from the software. Without limiting the
foregoing provisions, Amicron makes no warranty that the software will be
error-free or free from interruptions or other failures or that the
software will meet your requirements. Some states and jurisdictions do not
allow limitations on implied warranties, so the above limitation may not
apply to you. The foregoing provisions shall be enforceable to the maximum
extent permitted by applicable law.
Under no circumstances and under no legal theory, whether in tort,
contract, or otherwise, shall Amicron or its suppliers be liable to you or
to any other person for any indirect, special, incidental, or
consequential damages of any character including, without limitation,
damages for loss of goodwill, work stoppage, computer failure or
malfunction, or for any and all other damages or losses. In no event will
Amicron be liable for any damages in excess of the list price Amicron
charges for a license to the software, even if Amicron has been advised of
the possibility of such damages. Some states and jurisdictions do not
allow the exclusion or limitation of incidental or consequential damages,
so this limitation and exclusion may not apply to you. The foregoing
provisions shall be enforceable to the maximum extent permitted by
Should the Customer wish to return the Software for a refund, he has
thirty (30) days from the purchased date of the Software to do so.
Customer will be refunded a maximum of $5.99 for the software or the
amount he paid for one course (whichever is less). Software must be returned in its original
packaging, free from defects, in resalable condition. Customer is liable
for the costs of return shipping. Please note that our money-back guarantee does
not cover shipping and handling charges. You will be responsible
for returning any CDs you do not wish to keep, and we will refund
the total of $5.99 or the amount paid for one course (whichever is
less) per customer, minus applicable shipping and
handling fees. Returned CDs must be in their original, resalable
condition with any and all packaging materials originally sent to
customer. Note that we will only refund the maximum sum total of
$5.99 to any
customer, regardless of the number of courses purchased, or the total
amount paid. We do this only to prevent people from frivolously
ordering many courses, copying them, and then asking for their money back.
If you're not sure whether or not you're going to like our product, we
recommend you purchase one of our beginner courses for $5.99 to try us
out. This is the only form of refund we will grant. Once you
submit your order, there are no cancellations.
Customer should test one
of our free sample demo lessons on their computer before purchasing our
product. Demo lessons can be downloaded free of charge from our Web site.
If the demo lessons play correctly on the customer's computer, then our
full product should work as well. If the demo lessons do not play properly
on the customer's computer, then they should seek technical support
before purchasing our product. Amicron will not be liable for
technical support should our product not work on the customer's computer
and they did not try our demo lessons first. Refunds will not be given
under these circumstances. Also, please also note that our money-back
guarantee does not apply to downloaded orders, only those orders
physically shipped on CD.
We make no claims or
guarantees for delivery dates of our software or download availability.
Times given for delivery dates are estimates generated by our web site
based on the number of orders currently waiting to be shipped. Times given
are estimates only. We will not guarantee a delivery date. Customer may
not request a refund for products not received by any specified dates. If
Customer does not receive any titles ordered, we will be happy to ship out
a second copy of their order. We
generally ship orders once a week. However, please allow
six to eight weeks for a shipped CD order to arrive. This is why we
strongly recommend you watch your courses online in our
Web Theater, or download them from
our web site. Additionally, courses purchased for download
may not be available immediately, as some orders may been to be processed manually. This
process is usually automatic, but for special orders may take up to 2
business days, depending on the nature of the order and the number of
orders we currently have to process. Please note that orders paid for with
a check or money order are held for 5 to 7 business days to wait for check
clearance. Any checks returned for non-payment will incur a $25 fee.
Some of our video tutorials or handbooks
may be listed on our order page as "under development." Customers may
pre-order these items, and may receive a discount for doing so. This will
place the customer on a "waiting list" for the item(s) in question. The
customer's credit card will NOT be charged until the item is actually
released and available for the customer. For the customer's convenience,
they will receive the item as soon as its available, and will also be
automatically added to the waiting list for the next item in the series,
if applicable. The customer will be emailed a notification at least 24
hours before any additional items are added to their account, giving
plenty of opportunity to cancel. Customer may be removed from the waiting
list at any time by simply contacting customer service.
Customer may NOT broadcast our software over a closed-circuit television
system or other broadcast television system. Customer may not show our
software lessons to a group of people (employees, students, etc.) as in a
classroom or seminar. Customer may not profit from our Software in any
way, which includes leasing, renting, or showing our lessons to others
(employees, customers, students, etc.). If you are interested in
purchasing multiple licenses of our tutorials for your students or
employees, please consult our Volume Purchasing
Customer is entitled to limited Web and email-based technical support
provided by an Amicron representative for technical issues related to the
initial installation and set-up of the Software (Support). Phone-based
Support will be available only at the discretion of our technical support
personnel. Response time for Support is not guaranteed. Support will be
provided for thirty (30) days following the date of purchase of the
Software, as indicated on your proof of purchase. Thereafter, you shall
have the option of obtaining additional Support and consultation from
Amicron, at the then-current rates for such support and/or consultation.
The Software and accompanying Documentation are deemed to be commercial
computer software and commercial computer software documentation,
respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as
applicable. Any use, modification, reproduction, release, performance,
display or disclosure of the Software and accompanying Documentation by
the United States Government shall be governed solely by the terms of this
Agreement and shall be prohibited except to the extent expressly permitted
by the terms of this Agreement.
You are advised that the Software is subject to the U.S. Export
Administration Regulations. You shall not export, import or transfer
Software contrary to U.S. or other applicable laws, whether directly or
indirectly, and will not cause, approve or otherwise facilitate others
such as agents or any third parties in doing so. You represent and agree
that neither the United States Bureau of Export Administration nor any
other federal agency has suspended, revoked or denied your export
privileges. You agree not to use or transfer the Software for end use
relating to any nuclear, chemical or biological weapons, or missile
technology unless authorized by the U.S. Government by regulation or
specific license. Additionally, you acknowledge that the Software is
subject to export control regulations in the European Union and you hereby
declare and agree that the Software will not be used for any other purpose
than civil (non-military) purposes. The parties agree to cooperate with
each other with respect to any application for any required licenses and
approvals, however, you acknowledge it is your ultimate responsibility to
comply with any and all export and import laws and that Amicron has no
further responsibility after the initial sale to you within the original
country of sale.
This Software is the proprietary and copyrighted work of Amicron Computing
(“Amicron”). Installation and use of the Software is governed by the terms
of this License Agreement. In order to lawfully use the Software, you are
required to read, acknowledge and agree to the terms and conditions of
this License Agreement. Reproduction or redistribution of the Software not
in accordance with this License Agreement is expressly prohibited by law,
and may result in severe civil and criminal penalties.
The enclosed computer training course lesson ("Software") is licensed, not
sold, to you by Amicron for use only under the terms of this license.
Amicron reserves any rights not expressly granted to you. You own the
CD-ROM or other media on which the Software is recorded or fixed, but
Amicron retains ownership of the Software itself. For customers who
purchase more than one computer training lesson at a time (e.g. Windows
101 and Windows 102) Amicron reserves the right to place as many lessons
as can fit onto a single physical CD media to save on shipping costs and
production. In which case, the shipping/handling charge represents our
added time to place multiple courses on one disc. Amicron may also "personalize" the Customer's CD with his name, address,
and billing information to prevent user sharing. Amicron may also require
product activation of Software over the Internet or by phone. Amicron may
also require the user to input personalized passwords which will be
provided at the time of sale or with the CD.
Amicron hereby grants to you a limited, non-exclusive, nontransferable,
license to use the Software. All right, title and interest in and to the
Software is retained by Amicron, and this Agreement shall not be construed
as transferring any rights of ownership or license to the Software or to
any information therein except as expressly set forth in this Agreement.
This License allows you to use one copy of the Software on a single
computer at a time. To "use" the Software means that the Software is
either loaded in the temporary memory (e.g. RAM) of a computer, or
installed on the permanent memory of a computer (e.g. hard disk), or is
loaded into one of the drives of the computer (e.g. CD-ROM). You may not
install the Software on a common storage device that is accessible by
multiple computers. You may not broadcast this software over any form of
transmission medium including closed-circuit television, the Internet, or
any other medium.
You may not reverse engineer, decompile, disassemble or otherwise reduce
the Software to any human perceivable form. You may not modify, adapt,
translate, create derivative works of, rent, lease, loan, or distribute
the Software in whole or in part. You may not edit, alter, modify, create
derivative works of, rent, lease, loan, or distribute the Software, in
whole or in part.
If you are acquiring the Software on behalf of the United States
Government, the Software is classified as "Commercial Computer Software,"
and the Government may only acquire "Restricted Rights" therein. Use,
duplication or disclosure to or by the Government is subject to
restrictions set forth in (i) the Commercial Computer-Restricted Rights
clause at FAR 52.227-19 (a) - (d); (ii) the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 (c) (1) (ii); or (iii) in
similar clauses in the NASA FAR Supplement, as may be relevant and
applicable. The Software Contractor/manufacturer is Amicron Computing.
You warrant and represent that you are not located in, under the control
of, or a national or resident of, and will not download, export, or
re-export to, a national or resident of, Cuba, Haiti, Libya,
Yugoslavia, North Korea, Iran, Sudan or Syria, or any other country
included in the United States Treasury Department list of Specially
Designated Nationals or the United States Commerce Department Table of
You may not modify the Software or merge all or part of the Software in
another program. You may not use any of the computer images included with
the Software. You may not use the software or allow it to be used as a
service bureau or otherwise use the Software or allow it to be used for
the benefit of any third party.
This license is effective until terminated. Amicron shall have the right
to terminate this License at any time by providing written notice to you.
This license will terminate immediately without notice from Amicron or
judicial resolution if you fail to comply with any provision of this
license. Upon termination you must destroy the Software and all copies of
Amicron warrants that the storage media for the Software (e.g. CD-ROM),
will be free from defects in materials and workmanship when you receive
it. If such a defect exists when you receive your Software, return it to
us at the address stated above and we will replace it free of charge,
minus postage. This remedy is your exclusive remedy for breach of this
warranty. It gives you certain rights and you may have legislated rights
which vary from jurisdiction to jurisdiction.
Customer is responsible for entering in
their own data (name, address, phone, email, etc.) when they place their
order. All data collection is handled electronically via our Web site. If
customer provides Amicron with incorrect information, such as the wrong
shipping address, and their order is returned to us, customer will be
liable to pay the return shipping and handling fees to resend their order.
Customer is given a screen to double-check their information and verify
that the data they entered is correct before submitting their order.
You acknowledge that the Software may contain bugs, omissions or
typographical or other errors. Amicron reserves the right to make
improvements and changes in or to the Software at any time without notice
or liability to you. You acknowledge and agree that Amicron does not
support the Software and has no obligation to provide you with any
support, maintenance, corrections, bug fixes, updates, or revisions
The software is provided by Amicron to you "as is" and without warranty of
any kind. Except for the warranty provided above, Amicron makes no
warranties or representations, and hereby expressly disclaims, any and all
express or implied warranties and representations thereof, including
without limitation, any and all express or implied warranties and
representations of merchantability, fitness for a particular purpose,
title, and non-infringement; that the functions contained in the software
will meet your requirements; that the operation of the software will be
error free or that defects, if any, in the software will be corrected.
Amicron does not warrant or represent the accuracy or reliability of the
use or results of the use of the software. No oral or written information
or advice given by Amicron or an authorized Amicron representative shall
create a warranty or increase the scope of this warranty. Some states do
not allow the exclusion of implied warranties, so the above exclusions may
not apply to you.
Amicron shall not be liable for any indirect, special, incidental,
punitive, consequential or any other damages whatsoever, whether arising
in contract or tort, including, without limitation, damages for loss of
business profits, business interruption, loss of business information, or
any other pecuniary loss, arising out of the use or inability to use the
software, even if Amicron has been advised of, or should have foreseen the
possibility of such damages. Amicron’s maximum aggregate liability to you,
shall not exceed the amount paid by you for the software. The limitations
in this section shall apply whether or not the alleged breach or default
is a breach of a fundamental condition or term, or a fundamental breach,
or if the express warranty above fails of it's essential purpose. Some
states and countries do not allow the exclusion or limitation of liability
for consequential or incidental damages so the above limitation may not
apply to you.
This Agreement shall be governed by and construed in accordance with the
internal laws (and not the choice of law rules) of the United States of
America and the state of New York, and any action brought by either party
to enforce this Agreement shall be brought in the relevant state or
federal court in New York. The parties hereby expressly exclude
applicability of the United Nations Convention on the International Sale
of Goods. If for any reason a court of competent jurisdiction shall find
any provision of this Agreement to be unenforceable, that provision of the
Agreement shall be enforced to the maximum extent permissible so as to
effect the intent of the parties, and the remainder of this Agreement
shall continue in full force and effect.