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Refunds:
MBs Software products are marketed as "shareware" - we offer a fully functional evaluation/download version for potential users to "try before you buy".
(Download a FREE Evaluation!) Therefore, it is assumed that when a user purchases the registered version from us, he/she is satisfied with the program's features and functionalities, so that no refund/return request would therefore be requested by the user on such basis.
If you have not tested our free evaluation versions from our download sites, please do so before you place your order to make sure that the product you are ordering is what you want. When you download or are shipped the software, it is considered to be 'Opened'. Opened software cannot be returned for refund, regardless of the delivery method. Also please understand that software, which is considered 'intellectual property", has the unique ability to be copied unlike a physical product.
Because you have the chance (whether or not you avail yourself of this service) to ‘try before you buy a fully functional evaluation copy before you buy, there are no refunds or returns for any reason.
Payments:
If your payment is returned for insufficient funds, you will be required to pay all bank fees and any collection and/or legal fees required to collect the full amount.
Payments returned for 'stop-payment' or 'closed account' or credit card 'charge-back' will be considered fraud, and you will be prosecuted to the fullest extent allowed by law.
Shareware License Agreement and Limited Warranty:
This is a legal agreement between you, the "end user," and Mark Ballance
(MBs Software) ("the author"). Downloading of this shareware (the "SOFTWARE") indicates your acceptance of these terms.
Copyright
The Software is owned by the author (except where stated) and is protected by copyright laws and
international treaty provisions.
Grant Of License
The author hereby grants the end user non-exclusive right to use one copy of the software by the end user personally on one computer.
All other rights not expressly granted are reserved by the author.
The end user may store one or more copies of the software offline, on secondary storage media (i.e. tape, diskette) for backup purposes.
The end user may not charge or receive any consideration from any other person for the receipt or use of the Software without receiving the author's prior written consent.
If the end user wish to include the Software as part of a "shareware compilation", please contact the author for written consent.
The end user may not: modify, translate, disassemble, decompile, reverse engineer, or create derivative works based upon the Software.
The end user agrees to use his/her best efforts to see that any user of the Software licensed hereunder complies with this Agreement.
Disclaimer of Warranty
This software is provided "AS IS", without warranty of any kind.
The entire and exclusive liability and remedy for breach of this limited warranty shall be limited to replacement of defective media or documentation and shall not include or extend to any claim for or right to recover any other damages, including but not limited to, loss of profit, data, or use of the software or special, incidental or consequential damages, or other similar claims, even if the author has been specifically advised of the possibility of such damages.
In no event will the author's liability for any damages to the end user or any other person ever exceed the lower of the list price or the actual price paid for the license to use the software, regardless of the form of the claim.
THE AUTHOR SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL OTHER IMPLIED TERMS ARE EXCLUDED.
Specifically, the author makes no representation or warranty that the software or documentation are "error-free", or meet any user's particular standards, requirements, or needs. In all events, any implied warranty, representation, condition or other term is limited to the physical media and documentation and is limited to the 90-day duration of the limited warranty.
The author is not responsible for, and does not make any representation, warranty, or
condition concerning product, media, software, or documentation not manufactured or supplied by the author, such as third-parties' programs that are designed using the author programs or files.
General
This license will be construed under the UK laws, except for that body of law
dealing with conflicts of law. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this license will remain in full force and effect.
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