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These terms govern your use of the Arcana Development, LLC ("Arcana Development") web
site and any communication with us by e-mail or other means. By using this site,
communicating with us, or purchasing from us you indicate your acceptance of these terms and policies.
Governing Law
Use of this web site and purchase of goods
or services from Arcana Development shall be governed by and construed
in accordance with the laws of the Commonwealth of Virginia, without giving
effect to any principles of conflicts of law. Those who choose to access
this site from other locations do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local
laws are applicable. Except for equitable relief sought by
Arcana Development, which may be sought in any court of competent
jurisdiction, customer consents to the exclusive jurisdiction of the State and
Federal courts located in Virginia.
Copyright
Entire site contents copyright 2002 Arcana Development. All rights
reserved.
The material on this site is protected under the laws of the United
States and various international laws and treaties. No portion of this Web
site or the material contained on it may be reproduced in any form or by
any means without prior written permission from Arcana
Development.
Trademarks
Microsoft, Windows, Windows NT, and the Windows
logo are trademarks or registered trademarks of Microsoft Corporation in the United States and/or other
countries.
All other names are used for identification purposes only and may be
trademarks or registered trademarks of their respective
companies.
Disclaimer of Warranty
All services and content (including documents and software) available
on or through this site are provided "as is," and Arcana Development
expressly disclaims all warranties express or implied, including, without
limitation, the warranties of merchantability or fitness for a particular
purpose or arising from a course of dealing, usage, or trade practice.
Arcana Development makes no warranties or representations regarding the
accuracy or completeness of the information.
In no event shall Arcana Development or its licensors be
liable to a licensee or a third party for any indirect, special, or
consequential damages, including lost profits, lost data, and the like
arising out of or in connection with this agreement, even if Arcana Development has been advised of the possibility of such
damages.
Feedback and Other Submissions
Any suggestions, comments, enhancement requests, or
other information submitted to Arcana Development through this web site or
our e-mail system shall be deemed to be
non-confidential and become the property of Arcana Development. Arcana Development is free
to use this information in any way it sees fit, without any
compensation or respnsibility to you. For example, your suggestions may become part
of current or future products or services.
Terms Governing Purchases from Arcana Development
Any agreement for the purchase of
goods and/or services from Arcana Development shall be governed by and is
made subject to these terms and conditions. These terms apply to all
purchases from Arcana Development, whether the purchase is made using our
online ordering system or by mailing or faxing to us any other purchasing
instrument (such as a purchase order).
Taxes and Duties
Arcana Development collects sales tax for orders billed to
customers in the Commonwealth of Virginia. Customers in other states are
responsible for reporting and paying any applicable sales tax as required
by law. Customers outside the United States are responsible for any taxes,
duties, or fees required by local law.
Software License Agreements
All purchases of software licenses from Arcana
Development require that you accept the license agreement(s) for the
software you are purchasing prior to making your purchase. By making a
purchase you indicate that you accept the terms of the license
agreement(s).
Purchases by Credit Card
By using a credit card to purchase from Arcana Development
you agree to pay the credit card charge(s) in accordance with your
cardholder agreement. If you dispute a credit card charge from Arcana
Development that is subsequently proved to be a valid charge you agree to
reimburse Arcana Development for all chargeback fees and recovery fees
incurred by Arcana Development, to the maximum extent allowed by
law.
Purchases by Purchase Order
By submitting a purchase order to Arcana Development you
agree to the terms listed on the order information page.
You agree that your purchase order represents a legal obligation to Arcana
Development and agree to reimburse Arcana Development for all expenses
incurred in collecting overdue payments, to the maximum extent allowed by
law.
Returns and Exchanges
Arcana Development provides generous 30-day,
fully-functional evaluation versions of our software. Please take
advantage of this and evaluate the software thoroughly to determine that
it meets your needs before you make your purchase.
Due to piracy
concerns we cannot allow the return of software after an electronic
license certificate has been delivered to the customer. Customers who have received a CD
version of the software only (without an electronic license certificate) may
return the software (shipped at the customer's expense) provided that the original
seal on the CD package is intact. Returns are subject
to a 15% restocking fee. Shipping/handling charges are not
refundable.
Defective installation media will be exchanged or a refund
issued, at the customer's option. A refund in this case applies only to
the charge for the media and shipping/handling charges. The software
license itself cannot be returned except under the circumstances described
in the previous paragraph.
Privacy Policy Arcana Development has created
this privacy statement in order to demonstrate our firm commitment to privacy.
The following discloses our information gathering and dissemination practices
for this website.
We use your IP address to help diagnose problems
with our server, to administer our Web site, and to help identify you and your
shopping cart.
Our site uses temporary cookies to keep track of
your shopping cart. On some forms (such as the support request form) a
cookie may be used to store your form entries so they can be filled in for
you next time you use the form. You are always given the option whether to
allow this. Cookies may also be used to assign and track a unique user key for
each site visitor. This user key is used to help us accumulate
statistical information about your activities while at our site. This user
key may be recorded when you download a file, submit a form, or place an
order. Such information is used only in the aggregate for statistical
analysis and is never shared with other organizations.
This site contains links to other sites. Arcana
Development is not responsible for the privacy practices or the content of
such Web sites.
Our site uses various forms for customers to request
information, products, and services. We collect visitors' contact
information (like their email address) and financial information (like
their account or credit card numbers).
Mailing address information that we collect is used only
to ship software to you and mail invoices and receipts as appropriate. We
do not use your mailing address for any other communications (such as
advertising).
E-mail addresses collected on the product order form and
software registration form are used to communicate
with you as necessary regarding your order, and to communicate with
customers from time to time regarding software updates, new products,
etc.
E-mail addresses collected through other means (e.g.,
support requests and e-mail inquiries) are used only to communicate with
you regarding your inquiry and are not added to any mailing
lists.
Financial
information is used to bill you for products and services as authorized by
you.
Please note: We do not and will not at any time in the future provide any information about you
to any third party without first contacting you for your consent
(except as required by law).
Choice/Opt-Out
Our site provides users the opportunity to opt-out of
receiving communications from us at the point where we request information
about the visitor.
Any mass mailing you receive from Arcana Development will
contain instructions for opting out of future mailings. You may also
contact us at any time by e-mail at or
change your subscription preferences here.
Correct/Update
You may contact us by e-mail at
to update your personal information.
Contacting Us
If you have any questions about this privacy statement,
the practices of this site, or your dealings with this Web site, please
contact us by e-mail at or
through one of the methods described on the contact
information
page.
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