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TERMS AND CONDITIONS

TERMS AND CONDITIONS

1. Download Warranty Service

Upon payment of the specified fee, Digital River, Inc. dba MyCommerce ("MyCommerce") agrees toprovide you (the "End User") a service that enables the "End User" the right to re-download the Products purchased through the Storefront within two years of the date of purchase of such product, for the sole purpose of reinstalling a replacement copy of suchProduct on the "End User's" computer in the event the End User has reformatted his/her hard drive, inadvertently uninstalled the Product, or changed computers. Such right to re-download shall only apply to the Product version originally purchased by the End User simultaneously with the purchase of the Download Warranty Service, and the re-downloaded Product shall be considered a replacement of the originally purchased product, which replacement continues to be subject to the applicable product EULA.


2. Disclaimer of Warranties and Limitation of Liability

MyCommerce MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE AND/OR THE PERFORMANCE OF THE PRODUCT; INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MyCommerce DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SERVICE AND/OR THE PRODUCT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE AND THE PRODUCT IS ASSUMED BY THE END USER. MyCommerce SHALL NOT BE LIABLE TO END USER FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM THE BREACH OF ANY WARRANTIES, THE FAILURE OF DELIVERY, DELAY IN DELIVERY, DELIVERY IN NONCONFORMING CONDITION, THE USE OF THE SERVICE AND/OR THE PRODUCT, OR FOR ANY OTHER BREACH OF CONTRACT OR DUTY BETWEEN MyCommerce AND THE END USER. MyCommerce shall have no obligation to provide the Service, and shall have no liability to the End User in the event MyCommerce is unable, as may be determined in the sole discretion of MyCommerce: to make multiple downloads of the Product as a result of modifications or changes to the End User's computer system which make it incompatible with the downloading process, changes or modifications to the Product that render the Product unsuitable for downloading, changes in methods of Internet access or operation that make the Product unsuitable for downloading, any other change or modification to technology and/or the Internet that makes the Product unsuitable for downloading, or the unavailability of the Product as a result of the actions of the vendor, publisher, or other supplier of the Product.


3. Effectiveness of Agreement

The End User's use of the Service shall not in any respect whatsoever modify any of the terms, conditions, or restrictions contained in the license agreement or other agreement by which the End User initially acquired rights to use the Product (the "End User Agreement"), and the use of the Product downloaded in connection with the Service shall in each and every instance remain subject to the terms, conditions, and restrictions contained in the End User Agreement.


4. Refunds

A refund of the fee for the Service shall only be payable to the End User if the End User makes a request for a refund on all Products that are part of an Order. The End User shall not be entitled to a partial refund in connection with the End User's request for a refund for less than all of the Products contained in an Order.


5. General

Any and all claims or disputes relating to the Service shall be governed by the laws of the State of Minnesota. For the purpose of resolving conflicts relating to the Service, MyCommerce and the End User agree that venue shall be in the State of Minnesota only, and, in addition, the End User hereby consents to the jurisdiction of the federal and state courts in the State of Minnesota. MyCommerce may assign its rights and delegate its duties with respect to the Service without providing notice to, or receiving the consent of, the End User.




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