Calibrated Software, Inc.
Terms of Use Agreement
You (or a person(s) acting under your authority) accept this Agreement for using this Website, registering an account on this Website, by placing an order thru this Website or thru a Reseller, or by using this Website in any other way. Use of this Website in anyway is acknowledgment that you accept this Agreement, if you do not accept this Agreement then do not use this Website. We reserve the right to change, suspend, or cancel any portion or operation of this Website without notice. We may amend this Agreement at any time by posting a revised version on this Website. The revised version will be effective at the time we post it. We last modified this Agreement on March 31st, 2023.
You represent and warrant that you will be the Account Holder or have the Account Holder’s permission to register an Account in their name, and are at least 18 (eighteen) years old and possess the legal right and ability to enter into this Agreement and to use this Website or Calibrated Software, Inc. You agree to be financially responsible for your use of this Website (as well as for use of your Account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement. We reserve the right to cancel Accounts (a) violate any of this Agreement (b)
You agree to protect your Account from unauthorized usage and to notify Calibrated Software, Inc. if your Account is compromised or misused. You agree not to circumvent the license and activation process of Calibrated Software, Inc.
Your personal data will be used to support your experience throughout this website, to manage access to your account, and for other purposes described in our privacy policy.
All company and product names referenced on this website and/or, listed as external resource links are copyrights of their respective companies.
Links to any third party websites from this Website are provided only for convenience. Calibrated Software, Inc. assumes no responsibility for any third party websites links and you assume any and all risk using third party links from this Website.
You agree that if you are a Reseller, you have signed our Reseller Agreement, and that you will only sell Calibrated Software products thru your Approved Calibrated Software Reseller Account.
Calibrated Software, Inc. makes no representations concerning the suitability for any purpose of this Website or about the accuracy of data or information made accessible by it. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THIS WEBSITE, AND ANY ACCOMPANYING CONTENT IN IT, ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO PERFORMANCE, MERCHANTABILITY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED OR THAT THE OPERATION OF THIS WEBSITE WILL BE ERROR-FREE, OR THAT DEFECTS IN THIS WEBSITE WILL BE CORRECTED. YOU ASSUME TOTAL RESPONSIBILITY FOR USING THIS WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE IS TO STOP USING IT.
Calibrated Software, Inc. cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses including loss of data on this Website. Calibrated Software, Inc. does not warrant or guarantee that the functions or services performed in this Website will be uninterrupted or error-free. Users of this Website are responsible for (1) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (2) maintaining a means external to Calibrated Software, Inc. for the reconstruction of any lost data.
Calibrated Software, Inc. is not responsible for any lost data or financial losses incurred when using this Website. This includes but is not limited to: Data loss due to server failure, computer viruses, incorrect configuration of the shopping cart resulting in erroneous content or orders, loss of customer data due to website security breach, lost revenues due to Website downtime directly or indirectly related to the use of the shopping cart or license server.
This Agreement shall be governed in accordance with the laws of the State of Texas. You agree that any legal action or proceeding between Calibrated Software, Inc. and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the city of San Antonio, TX, You agree to indemnify, defend and hold harmless Calibrated Software, Inc. , its officers, directors, employees, agents, information providers and suppliers from and against all losses, expenses, damages and costs, including attorney’s fees, resulting from using this Website in anyway