Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
License Grant. Richard Schmid, and his successors and assigns (collectively referred to herein as “Richard Schmid, and together with all employees, agents and affiliates thereof referred to as “we” or “us”) hereby grants you a personal, revocable, limited, non-exclusive, non-transferable license to access and use this site conditioned on your continued acceptance of, and compliance with, these Terms and Conditions. You may use the site for your noncommercial personal use only and for no other purpose. We reserve the right to bar, restrict, or suspend any user's access to the site, and/or to terminate this license at any time for any reason. We reserve any rights not explicitly granted in these Terms and Conditions. Note that should you elect to download any of our products, you will be required to agree to a separate License Agreement in connection therewith.
License Restrictions. Unless otherwise expressly stated in these Terms and Conditions or you receive our prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the site, any content (including any downloads offered on the site), or any portion thereof. Further, you may not (i) use the sites for any unauthorized or illegal purpose or activity; (ii) interfere with the proper working of the site including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of the site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Richard Schmid. The collective work may include works that are licensed to Richard Schmid. Copyright 2016, Richard Schmid ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with or entering into a license with Richard Schmid. You may, subject to any licensing agreement or other expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with or enter into a license with us. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless expressly authorized by Richard Schmid or his agents. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Richard Schmid used in the site are trademarks or registered trademarks of Richard Schmid.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Richard Schmid, and his employees, agents, and affiliates disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Richard Schmid does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BY USING THIS SITE, YOU AGREE THAT THE USE OF THE SITE IS AT YOUR OWN RISK. Richard Schmid and his employees, agents, and affiliates do not make any warranties or representations regarding the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Richard Schmid and his employees, agents, and affiliates shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, licensed or otherwise, even if he or they have been advised of the possibility of such damages. IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS AND CONDITIONS, THE SITE AND/OR THE CONTENT, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SITE, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Richard Schmid product is mistakenly listed at an incorrect price or license fee, we reserve the right to refuse or cancel any orders placed for the product listed at the incorrect price or license fee. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by us without notice at any time, for any reason. We may also revoke your license to access the site at any time. The provisions relating to Copyrights, Trademarks, Warranty Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
We may deliver notice to you by means of e-mail, a general notice on the site, or by other reasonably reliable method.
Your use of this site shall be governed in all respects by the laws of the United States of America, and where such law is inapplicable, by the laws of the state of Maine, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase or license of Richard Schmid products) shall be in the state or federal courts located in Cumberland County, Maine. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase or license of Richard Schmid products) must be commenced within one (1) year after the claim or cause of action arises. Our failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. Richard Schmid may assign all rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including Richard Schmid or any employee or agent thereof, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
We do not and cannot review all communications and materials posted to or created by users accessing the site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site (if any), we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, we reserve the right to block or remove communications or materials that we determine to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to us in our sole discretion.
You agree to indemnify, defend, and hold harmless Richard Schmid and all of us from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, we may link to sites operated by third parties. However, even if the third party is affiliated with this site, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of this site. These linked sites are only for your convenience and therefore you access them at your own risk, including but not limited to the risks of introducing a virus or other malware into your system. Nonetheless, we seek to protect the integrity of this web site and the links placed upon it and therefore requests any feedback on not only this site, but for sites we provide links to as well (including if a specific link does not work).
This site may provide access to international data about Richard Schmid, his affiliates, or third parties, and therefore, may contain references or cross references to products, programs, and services that are not available in your country. Such references do not imply that Richard Schmid or his affiliates, suppliers or licensors, or other third parties intend to make available such products, programs or services in your country.
Electronic Commerce (EC Directive) Regulations
The Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2103) (as may be amended from time to time) shall to the fullest extent permitted by law be excluded from these Terms and Conditions where you are using this site in the course of your trade, business or profession.
Since this site is offering non-tangible irrevocable goods we do not issue refunds once the order is accomplished and the download is enabled. As a customer you are responsible for understanding this upon licensing any item at our site. However, we realize that exceptional circumstance can take place with regard to the character of the product we supply and in our sole determination a refund is warranted. In case a refund is approved, it may take up to 30 day to be sent.
Therefore, we DO honor requests for the refund if made in writing within 5 days after an order is placed for the following reasons:
Please note that we do not bear any responsibility and therefore we do not satisfy any refund/return/exchange requests based on incompatibility of our products with some third-party software other than those which are specified as compatible in a description available on the preview page of each product. We don't guarantee that our products are fully compatible with any third-party programs and we do not provide support for third-party applications.
Our Technical Support Team is always eager to assist you and deliver highly professional support in a timely manner. Thank you for licensing our products.
TECHNICAL, DOWNLOADING, AND PURCHASING SUPPORT: