The Air-E-Ware Collection
Definitions"Software" means any software tool made available for download from this website which You may install and operate free of charge or otherwise and that may be operational with or without a Pass Key, as well as any updates, modifications and upgrades to the Software that You may receive from time to time. "Licensor", "I" and "me" means Ian Macbeth who as a private individual am making the Software available via this website. "You" means the recipient who installs the Software under the terms of the Licence Agreement below.
Software from this website shall be deemed conclusive evidence
of Your acceptance of these Terms and Conditions. Installation of
Software on a computer shall be deemed conclusive evidence of Your acceptance of
the Licence Agreement for that Software. All sales of Pass Keys are on a private
basis and VAT does not apply.
Pricing and PaymentAll prices are subject to modification. All transactions are handled via secure servers and processed by a third party clearing agent. I have no access to Your credit card or equivalent details.
DeliveryI shall endeavour to deliver the Pass Key within 30 days from receiving Your order and every reasonable effort shall be made to keep to any estimated delivery date. If I am unable to do this, I shall contact You within this 30 day period to agree a new delivery date. If You do not agree to a new delivery date, this contract shall be treated as if it had not been entered into by either of us. I shall reimburse any monies paid by You within 30 days from the end of the original delivery date. Delivery will be by email.
Refunds and Chargebacks
If at any time any payment made for a Pass Key by credit card is reversed by the credit card company or clearing agent company ("a chargeback") whether that company acted on Your instructions or not, or if such a payment is otherwise refunded, You shall confirm by email that all records relating to the Pass Key have been destroyed, that the Software has been uninstalled using the built-in uninstall facility, that any copies of the Software files have been manually deleted and that none of the foregoing will be retrieved and re-used from archive records.
Third Party Content
Some features of the Software are dependent on information supplied by third parties over the internet. I shall not be liable to You under any circumstances where such Software features become unreliable or unusable as a result of erroneous, incomplete or inaccessible third party information or of withdrawal of rights of access thereto, nor shall any refund become due as a consequence.
CancellationsYou have 7 working days from the day after the date of receipt of a Pass Key to cancel Your order by giving notice by email to me at email@example.com, and I will refund any payment for that Pass Key. The effective date of cancellation is the date on which the notice is sent. Refunds of any monies paid by You will be made as soon as reasonably possible but in any event no later than 30 days from the date the notice of cancellation was given. The refund shall be made by the same method as payment and the above clause "Refunds and Chargebacks" shall apply.
I shall not be liable to You if I have delayed or failed to perform any obligation under this contract in respect of the Goods if the delay or failure was due to circumstances outside my reasonable control. If I am unable to provide You with Your Goods within a reasonable time, I shall either agree a new timescale with You for the delivery of the Goods or either of us may decide to terminate the contract in which case I will refund any prepayments that You have made in full.
PrivacyYour details will not be passed on to third parties. If You do not wish to receive information in the future, You may opt-out at any time by advising me by email at firstname.lastname@example.org
By installing and using the Software You accept and agree to the terms of this Licence. It is not possible to legitimately install and use the Software without accepting and agreeing to the terms of this Licence.
Grant of licence
This Licence permits You to use one copy of the Software solely for Your use on one computer per copy for non-commercial purposes only. You may not rent, lease or sell the Software to any third party. You may not transfer the Software to any third party. You agree that You will not modify, adapt or translate, or disassemble, decompile, reverse engineer or otherwise attempt to discover the source code of the Software.
Other than where specified, the Software is owned by Licensor and is protected by copyright laws, international treaty provisions, and other national laws. You agree that You have no right, title or interest in the Software.
Maintenance and Support
The Software is provided "as is". There is no obligation on the part of the Licensor or author to provide maintenance or support under any circumstances.
The Licensor and author makes no warranty, expressed or implied, with regard to the Software. All implied warranties, including but not limited to the warranties of merchantability, fitness for a particular use, title, non-infringement and legality in Your country are hereby excluded. You agree to defend, indemnify and hold harmless Licensor and author from any and all claims of infringement, including those made by third parties, resulting in whole or in part from Your use of the Software.
No liability for consequential damages
In no event shall Licensor or author of the Software be liable for any damages whatsoever (including, without limitation, injury, death, damage to any equipment, loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising directly or indirectly out of the use of or inability to use the Software, even if Licensor or author has been advised of the possibility of such damages.
This Agreement shall be governed by and interpreted in accordance with the laws of England.