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TERMS OF USE
Terms and Conditions
Your use of the Beyond.com website is governed by the policies, terms, and conditions set forth below. Please read them carefully. By using this site or
submitting an order for software or other products or services to Beyond.com, you indicate your acceptance of, and agreement to be bound by, the terms and
conditions set forth below (also referred to as this "Agreement"). If you do not agree to these terms and conditions, please do not use this site and do
not submit any orders for software, other products, or services on this site. This Agreement shall supercede any prior or subsequent terms or conditions
included with any communications, agreement, purchase order, or invoice, whether or not such terms or conditions are signed by Beyond.com. Beyond.com
reserves the right to make changes to this site and to these terms and conditions at any time. Any such modifications will become effective upon the date
they are first posted to this site.
Copyright and Trademark Notice
All screens appearing on this site including graphics, text elements, site design, logos, images, and icons, as well as the selection, assembly, and
arrangement thereof, are the sole property of Beyond.com, Copyright © 1994, 1995, 1996, 1997, 1998, 1999 Beyond.com Corporation, unless otherwise
specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification,
retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Beyond.com, the Beyond.com logo, and the slogans "A Better Place to Buy Software," "The Place to Buy Software," and "The Software Superstore" are
trademarks of Beyond.com Corporation. All other marks, names, and logos mentioned herein are the property of their respective owners.
Software and Other Products or Services Ordered through Beyond.com
The software products available for order through Beyond.com (the "Software") are distributed on behalf of various publishers ("Publishers") who own or
have the rights to provide the software to you. The Software that you order through Beyond.com is subject to the terms and conditions of the end-user
license agreement accompanying such Software (the "End-User License") between you and the Publisher. Except for the 30 day return policy provided by
Beyond.com (the "Beyond Return Policy"), all of your rights and remedies with respect to your order, purchase, possession, and use of the Software are
governed by the End-User License. All maintenance, update, warranty, liability, and any other obligations related to the Software ("Software Obligations"),
if any, shall be as provided for in the End-User License, or, if applicable, in accordance with Publishers' policies and procedures. Beyond.com is not
responsible for any Software Obligations, and the customer shall have no right of recourse against Beyond.com for any Software Obligations. All recourse
and remedy, if any, for the Software Obligations shall be with the Publisher in accordance with the End-User License, or, if applicable, its policies and
procedures.
All other products and services available for order through Beyond.com, besides the Software (the "Other Products") are distributed on behalf of
third-party suppliers ("Suppliers"), unless otherwise indicated. Except for the Beyond Return Policy, all of your rights and remedies with respect to
your order, purchase, possession, and use of the Other Products and all maintenance, update, warranty, liability, and any other obligations related to
the Other Products, if any, shall be governed by the applicable policies and procedures of the Suppliers. Beyond.com is not responsible for any of the
foregoing obligations, and customer shall have no right of recourse against Beyond.com for any such obligations.
Site Content and Information
Beyond.com's website contains information, advice, text, and other materials ("Beyond Information") that are provided for your convenience and enjoyment.
You should be aware that the Beyond Information may contain errors, omissions, inaccuracies, or outdated information. Beyond.com makes no representations
or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any Beyond Information and shall not be liable for any lack of the
foregoing. Descriptions of, or references to, products or publications within the Beyond.com site does not imply endorsement of that product or
publication. Beyond.com is not engaged in rendering legal, accounting, or other similar advice or professional services. If legal advice or other expert
assistance is required, the services of a competent professional should be sought.
Disclaimer and Limitation of Liability
BEYOND.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SOFTWARE, THE BEYOND INFORMATION, OTHER
PRODUCTS, SERVICES, OR MATERIALS OFFERED, SOLD, OR DISPLAYED ON THE BEYOND.COM SITES OR YOUR USE OF THE BEYOND.COM SITES GENERALLY. TO THE FULL EXTENT
PERMISSIBLE UNDER APPLICABLE LAW, BEYOND.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO THE SOFTWARE, THE BEYOND
INFORMATION, OTHER PRODUCTS, SERVICES, OR MATERIALS OFFERED, SOLD, OR DISPLAYED ON THE BEYOND.COM SITES OR YOUR USE OF THE BEYOND.COM SITES GENERALLY,
INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER
OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
YOU AGREE THAT, EXCEPT AS PROVIDED UNDER THE BEYOND RETURN POLICY, BEYOND.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER
REPRESENTATIVES ("SERVICE PROVIDERS") SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR
USE OF THE SOFTWARE, ANY SOFTWARE OBLIGATIONS OR ANY ACTION OR INACTION OF ANY PUBLISHERS OF THE SOFTWARE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED
IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, SHALL BEYOND.COM OR ANY OF ITS SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), WITH RESPECT TO THE SOFTWARE, THE BEYOND INFORMATION, OTHER PRODUCTS, SERVICES, OR MATERIALS OFFERED,
SOLD, OR DISPLAYED ON THE BEYOND.COM SITES, YOUR USE OF THE BEYOND.COM SITES GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF
WHETHER BEYOND.COM OR ANY OF ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, THE MAXIMUM LIABILITY OF BEYOND.COM AND ITS SERVICE PROVIDERS TO YOU SHALL NOT EXCEED THE AMOUNT OF
THE FEES PAID BY YOU FOR THE SOFTWARE, OR OTHER PRODUCTS OR SERVICES YOU HAVE ORDERED THROUGH THE BEYOND.COM SITES. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW
IS APPLICABLE TO THIS AGREEMENT.
United States Government Restricted Rights Legend
Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify Beyond.com's acceptance of your order, nor does it constitute confirmation
of our offer to sell. BEYOND.COM reserves the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether
or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your
account. BEYOND.COM reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered
of any item. All orders placed over $2000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud
avoidance department. We may require additional verifications or information before accepting any order. BEYOND.COM is a reseller to end user customers
and does not accept orders from computer dealers, exporters, wholesalers, or other customers who intend to resell the products offered by BEYOND.COM.
Price and availability of Software and other products and services offered on the Beyond.com sites are subject to change without prior notice. To the
extent we provide information on availability of Software or other products, you should not rely on such information. Beyond.com will not be liable for
any lack of availability of Software or other products you may order through Beyond.com.
Safe Shopping Guarantee
The purchase area of the Beyond.com sites is designed to be secure. This means that any information you send us is protected by encryption. It's easy to
tell when you are protected by encryption -- the lock or key at the bottom of your browser changes color or is no longer broken. This varies depending
on your browser. Beyond.com has taken measures designed to make shopping with us safe. Credit card fraud is virtually nonexistent on the Internet. If
you experience fraudulent use of your credit card as a result of shopping with Beyond.com, notify your credit card company in accordance with its reporting
rules and procedures. Most companies will either cover all of the fraudulent purchases or hold you liable for a maximum of $50. Should your credit card
company discover credit card fraud and hold you liable for some portion of the unauthorized charges, there is no need to worry. Provided the purchase was
made through our secure server, Beyond.com will reimburse you for the maximum liability of $50. This is standard practice on the Internet, and just part
of the reason why people prefer shopping with us.
You can always order by telephone or fax. Call us at 1-800-977-6171 or +1 970-346-8423 outside of the United States or fax us at 1-408-327-6400. No matter
how you place your order with us, we want you to have a software buying experience beyond your expectations.
Year 2000 Disclaimer
BEYOND.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO YEAR 2000 COMPLIANCE OR COMPATIBILITY OF
SOFTWARE OR OTHER PRODUCTS SOLD ON BEYOND.COM SITES. BEYOND.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO YEAR
2000 COMPLIANCE OR COMPATIBILITY OF SOFTWARE OR OTHER PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. IN NO EVENT, SHALL BEYOND.COM OR ANY OF ITS SERVICE PROVIDERS BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATING TO THE
YEAR 2000 COMPLIANCE OR COMPATIBILITY OF SOFTWARE OR OTHER PRODUCTS SOLD.
Privacy Policy
Beyond.com is committed to protecting your privacy. To make your shopping experience more convenient, we gather information from you. We maintain the
privacy of your information using security technologies and adhere to policies that prevent unauthorized use of your personal information.
What information does Beyond.com collect and how is it used?
To process and fulfill your order, we need to know your name, email address, mailing address, credit card number, and expiration date. After giving us
this information, you can use our Quick Buy feature, which saves you from completing the order form more than once.
We might request additional information from you in the future. You may choose not to provide this information; although, some products and services might
not be available to you unless you provide the additional information. We might also ask for information about your interests or for feedback about our
site so that we can tailor your shopping experience to improve our site and service. Providing us with this information is always optional.
When you submit a customer review, we ask for your email address so other customers have additional information about who wrote the review. You can choose
not to have your email address display with your review.
In addition to the information we collect directly from you, we also monitor and track usage of our website, viewing and traffic patterns, customer
behavior, and other similar information. We compile this information into a statistical aggregate. We use this aggregate information as well as all of
your personal information for internal business and administrative purposes including to improve our website, our product and service offerings, our
operations, and our customer service. We also might use your personal information from time to time to send you notices about special offers, new products,
services, promotions, and other similar information.
Does Beyond.com disclose the information it collects to outside parties?
We do provide your name, address, and email address to the publishers of downloadable software whose products you buy so that you can automatically be
registered and notified of product updates, upgrades, and special pricing on future products. In the future, we might choose to sell, trade, or rent
online customer information to trustworthy parties; but you can tell us not to by sending an email message to
neversell@beyond.com. Please include your email address and the words "never sell" in the subject or content
field so that we can process your request promptly. We do provide aggregate information about site usage and traffic patterns, stripped of any individual
identification, to third parties to comply with various reporting obligations and for business or marketing purposes.
How does Beyond.com protect customer information?
When you place orders or access your account information, we offer the use of a secure server that encrypts all your personal information before it is sent
to us to prevent unauthorized access to your information. We also offer the option of placing a credit card order over the phone.
What are Cookies?
Beyond.com uses a feature of your Internet browser called a "cookie" to assign a unique identification to your computer. Cookies are files that your Web
browser places on your computer's hard drive. These files allow you to easily access your customer data on our site. They also save you time by tracking
your order information so that you do not have to re-enter this information upon every visit. Beyond.com does not and cannot use cookies to retrieve
personal information about you from your computer unless you knowingly provided such information.
Beyond.com Privacy Policy Changes
If we decide to change our privacy policy, we will post these changes here so that you will always know what information we gather, how we might use
that information, and whether we will disclose it to anyone.
As an AOL Certified Merchant, we have agreed to abide by AOL's privacy policy. To read the policy,
click here. If you have further questions regarding our privacy practices, please send
email to support@beyond.com.
Miscellaneous
This Agreement and any applicable policies and procedures of Beyond.com, together with those documents, policies, and procedures expressly referred to
herein, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreement
between the parties with respect to such subject matter. This Agreement shall be construed in accordance with and governed by the internal laws of the
State of California (as permitted by Section 1646.5 of the California Civil Code or any similar successor provision) without giving effect to any
choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of California to the
rights and duties of the parties. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. You may not assign, transfer, or delegate this Agreement or any part of it without Beyond.com's prior written consent.
Beyond.com may freely transfer, assign, or delegate all or any part of this Agreement, and any rights and duties thereunder, without the requirement of
consent. This Agreement will be binding upon and inure to the benefit of the heirs, successor, and permitted assigns of the parties.
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Government Customers
