This agreement sets out the terms and conditions ("Terms and
Conditions") applicable to customers of HyperStop products.
By ordering our products you bind yourself to this agreement and certify that
you do, in fact, agree to this agreement in full.
THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. HYPERSTOP
SOFTWARE ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS. HYPERSTOP DISCLAIMS
ANY IMPLIED WARRANTIES. HYPERSTOP, ANY OF ITS EMPLOYEES, MANAGEMENT OR
AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES
RESULTING IN USE OR MISUSE OF ANY INFORMATION, CONTENT OR SOFTWARE PROVIDED BY
HYPERSTOP, INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL RESULTING FROM
ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OF SERVICES, OR TERMINATION OF
SERVICES. THE SOFTWARE IS PROVIDED "AS IS" AND YOU ASSUME ALL RISK WITH ITS
INSTALLATION, CONFIGURATION AND USE. THERE ARE NO WARRANTIES, CLAIMS OR
REPRESENTATIONS MADE BY HYPERSTOP, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH
RESPECT TO THE SOFTWARE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE,
NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE
THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR
TRADE USAGE. FURTHER, HYPERSTOP DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE
WILL ALWAYS BE AVAILABLE, ACCESSIBLE, ACCURATE, COMPLETE, OR ERROR-FREE. THE
FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND
FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SOFTWARE AND ANY
ASSOCIATED SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY,
SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
YOU ASSUME ALL RISK ASSOCIATED WITH THE INSTALLATION AND USE OF THE SOFTWARE. IN
NO EVENT SHALL HYPERSTOP BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR
STRICT LIABILITY OR OTHER THEORY), FOR COVER OR FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF
PROFITS OR DATA, BUSINESS INTERRUPTION, COMPUTER FAILURE OR OTHER PECUNIARY
LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR PERFORMANCE OF
ANY RELATED SERVICES, EVEN IF HYPERSTOP HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
HYPERSTOP'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR
DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR
RELATING TO THIS LICENSE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO HYPERSTOP
FOR THE USE OF THE SOFTWARE. YOU HEREBY RELEASE HYPERSTOP FROM ANY AND ALL
OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE
FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
We request information from the user on our order form (software sales order.)
Here a user must provide contact information (like name, address and domain
name) and possibly financial information (like credit card number, expiration
date). This information is used for billing purposes and to fill customer’s
orders. Should we have trouble processing an order, this contact information is
used to get in touch with the user.
We send all new members a welcoming e-mail to verify password and username.
Established members will occasionally receive information on products, services,
special deals, and a newsletter. Out of respect for the privacy of our users we
present the option to not receive these types of communications. Please see our
choice and opt-out below.
Special offers are valid until the date and time posted on our website. If no
time is posted, then it will be 12:00 PM NOON on the day of expiration. We may
have more than one special offer available at any given time, in fact we often
have several. However, unless CLEARLY MARKED, only one is good at a time. E.g.
if we are offering a discount or a gift, you may only have either the discount
or the gift. You cannot have both, unless we state otherwise.
Software installation services may be provided free of charge, however may also
be provided on a fee basis. This is decided on a case by case basis and may be
influenced by the type of product ordered, the nature of the server to be
installed upon, the geographical location of the server and the type of software
the server operates on.
Our installation service only applies to UNIX, Linux, and FreeBSD servers
running the Apache web server software with MySQL and PERL/PHP installed and
configured to specifications. Customer must provide a interface to connect to
the server, upload files and configure MySQL databases. Customer must provide a
server with all necessary components installed, including and not limited to a
UNIX based OS, Apache, MySQL, PERL, PHP etc. HyperStop will not take
responsibility for installing these components. This offer does not apply to
Windows or non-UNIX based servers. This offer does not apply to improperly
configured servers. This offer does not apply to software updated and only
applies to original installation. This offer is not binding. HyperStop reserves
the right to deny installation to any customers on a case-by-case basis for any
and all reasonable reasons. Installation is done on a request and appointment
basis, at a set time scheduled by a HyperStop agent. HyperStop will make every
attempt for a speedy installation, but no time guarantees are imposed. No
software returns once software is a) downloaded or b) installed or c) both. One
installation per product license. Multiple installations may be purchased with
product licenses during the duration of this promotion. This offer may expire at
any time with or without notice, but will apply to all orders made during the
duration of this offer. For further clarification please contact us.
Licenses Clarification: When you place an order for an HyperStop Product, you
are entitled to use such software on ONE DOMAIN NAME and SERVER. Additional
domain name licenses must be purchased at the retail rate posted on our web
site. Special offers may or may apply to additional license orders. You are
entitled to create one copy of the software for backup purposes, however may not
utilize it for use on another domain name.
All sales of our products are final unless otherwise decided. If you find any
defect in our software within 30 days of your order, which keeps our software
from performing any functions listed on our program feature lists, and have
provided our support team the following:
* Complete and unfettered access to your web server via FTP
* Your server administrator's full cooperation and assistance
and we can not provide a fix/solution within three business days of being given
access, we will happily refund your registration in full. We accept no
responsibility for server errors/problems caused by your web server, and its
misconfigurations. Please be sure to read the program "requirements", to be sure
that your web hosting provider supports use of the program of your choice.
Limitations placed on the use of PHP programs by your host may not be considered
as a defect in our software, and therefore does not fall within our guarantee.
Refunds are NOT given for missing "features" or missing capabilities for our
products which feature a fully functional online demo. The customer is
responsible for determining if the product is suitable by using the demo.
Refunds are NOT given for installation fees or other non-product labor costs.
HyperStop provides free 1 year support and updates to all clients with every
software purchase. Additional support and updates for the 2nd and subsequent
years will cost $30/yr. Support will only be denied if the client has abused the
service or is not a legitimate client (e.g. has not paid for the product,
obtained the product illegally, has altered the product, etc.)
HYPERSTOP STRICTLY PROHIBITS THE ALTERATION OF OUR PRODUCTS. Doing so will void
all support contracts and agreements, and exclude you from free updates in the
future. In short, by altering our product you voided your agreement with us. If
you require modification of our products, you will need to email us for prior
approval.
HYPERSTOP STRICTLY PROHIBITS THE REDISTRIBUTION OR RESALE OF OUR PRODUCTS. DO
NOT SELL, GIVE AWAY OR REUSE OUR PRODUCTS WITHOUT PERMISSION. HyperStop will
take legal action against any users that are found to be pirating HyperStop
products. In addition HyperStop will report any users found pirating other
products to the products developer or care-keeper.
We do not ship boxed software. Our box images are not actual boxes. All software
is delivered via download.
The terms set forth in this License and any related service agreements
constitute the final, complete and exclusive agreement with respect to the
Software and may not be contradicted, explained or supplemented by evidence of
any prior agreement, any contemporaneous oral agreement or any consistent
additional terms. Should any term or provision hereof be deemed invalid, void or
unenforceable either in its entirety or in a particular application, the
remainder of this License shall nonetheless remain in full force and effect. Any
term of this License may be amended and the observance of any term may be waived
only with the written consent of HyperStop. The failure of HyperStop at any time
or times to require performance of any provision hereof shall in no manner
affect its right at a later time to enforce the same unless the same is waived
in writing. If You have any questions concerning this License, please email us
at legal@alstrasoft.com
Privacy is a huge priority here at HyperStop. Please review our
privacy policy.