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Terms of Sale

In a Nutshell

I'm not a lawyer, but my lawyer made me include a page with everything below. However, here are my Terms of Sale in simple language:
  • My courses are sold on a PER-USER basis. Please don't share them with others.
  • Make sure you try one of my free sample lessons BEFORE buying a bunch of them. This ensures that (a) you like them, and (b) they will work on your computer. Try playing any video in the Online Theater to make sure they work. The first lesson is usually free.
  • I have a money-back guarantee, but only for ONE beginner lesson. You can't buy 20 tutorials and expect to return them. This guarantee is for beginner (Level 1 or 101) lessons only. It does not count towards more advanced lessons or seminars.
  • Allow SIX TO EIGHT WEEKS for delivery of shipped CDs. We're a small family business, and we usually ship once a week, however if we're busy, sick, or on vacation your CD may not ship for a week or two. This is why we suggest you download your lessons or watch them in our Online Theater. Click here for details.
  • I do my best to help my students as much as possible, but I can't GUARANTEE free technical support on the material covered in my lessons. Paid support is available, however.
  • Your private information will NEVER be given to third parties. My customer database is sacred and is available only to me.

Now for the legal mumbo jumbo. By placing your order, you agree to these terms (so you should read them)...
 

Standard Software License Agreement

All prices listed are in US DOLLARS. For all orders from NY State, sales tax will be added. You have a 30-day money back guarantee, as outlined below. Some restrictions apply. Please be sure to read the following carefully.
 

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 this Agreement.

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 applicable law.

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 page.

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 Deny Orders.

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 the thereof.

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 thereto.

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.
 

Standard Privacy Statement

Amicron has created this privacy statement in order to state and demonstrate our commitment to the privacy of our Web site visitors. We hereby state that Amicron will not sell or share your personal information to any other party without your prior notification and approval and that any and all information gathered is strictly used internally to better service our customers.

We use your IP address to help identify you and your shopping cart. We use cookies to deliver content specific to your interests and to learn how visitors use and navigate our Web site. These are standard tracking methods that are non-intrusive. Amicron will not gather information from your computer without your consent.

Our various registration forms require users to give us contact information. We use customer contact information from the registration form to send the user passwords for lessons, information about our company and other information that might be useful. The customer's contact information is also used to personally contact the customer when necessary. Users may opt-out of receiving future mailings at any time through the use of the registration page found on our Web site, or by sending us an email.

Our online surveys ask visitors for a variety of demographic information. Demographic and profile data is collected from our users and is used to continually improve our product and customer service, and is completely optional.

Our site also uses an order form for customers to request information, products, and services. We collect visitor's contact information and financial information. Contact information from the order form is used to process and send orders as well as information about our company to our customers. Financial information that is collected is used to bill the user for products and services purchased.

All sensitive information is collected in a secure environment to ensure that your transaction is safe. This site has security measures in place to protect the loss, misuse and alteration of the information under our control. Amicron will make every reasonable attempt to ensure your information is safe and not distributed outside of our company.

If you have any questions about this agreement, terms of sale, privacy statement, the practices of this site, or your dealings with our company, you can contact:

Richard Rost, President
Amicron Computing / 599CD.com
1242 SW Pine Island Rd Suite 42-296
Cape Coral FL 33991


 

 
 
 
 

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