LanScape Online Shop Terms of Use Agreement

Before placing an order with LanScape Corporation via the World Wide Web, please become familiar with our terms of use agreement. By placing an order using LanScape's Online shop, you signify that you understand all of the terms specified below and agree to all of these terms. If you have any question regarding LanScape's Online Shop Terms of Use Agreement, please do not hesitate to contact us directly with your inquiries. We want you to enjoy your experience with us and would like to thank you for purchasing LanScape products and services.

1.    Definitions
"Content"	Means data, information, software, photographs, video, graphics, music, sound and other material appearing on or available through the Services supplied by LANSCAPE or by content providers from time to time and which is received via LanScapeCorp.com.
"End User"	Means the customer that makes use of the Services or purchases a Product via the LANSCAPE Shop.
"Internet"	Means the global data network comprising interconnected networks using TCP/IP Transmission Control Protocol/Internet Protocol, including but without limitation services, known as the World Wide Web.
"Services"	Means any services provided for the benefit of xda registered customers on LanScapeCorp.com, including the LANSCAPE Shop.
"Shop"	Means the LANSCAPE On-Line Shop available on LanScapeCorp.com offering products and services to End-Users.
"You", "Your"	Means the customer that LANSCAPE makes the Agreement with and includes any person who LANSCAPE reasonably believe is acting with Your authority or knowledge.

2.	Disclaimer and Limited Warranty
2.1	EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT OR AS PROVIDED DIRECTLY TO YOU BY A LICENSOR UNDER A LANSCAPE END-USER LICENCE AGREEMENT OR OTHERWISE IMPLIED BY LAW, THE PRODUCTS, PROGRAM(S) AND DOCUMENTATION ARE SUPPLIED TO YOU AFTER PURCHAS WITHOUT WARRANTY OF ANY KIND AND PROVIDED TO YOU "AS IS". LANSCAPE AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE OF THE PRODUCTS, PROGRAM(S) OR DOCUMENTATION. IN NO EVENT WILL LANSCAPE, OR ITS LICENSORS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN LANSCAPE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. This limited warranty does not affect Your statutory rights in law, and such rights remain protected.
2.2	The Product(s) is provided 'As Is'. LANSCAPE shall have no obligation to support or maintain the Program(s), other than as provided for on the LanScape Corporate web site.
2.3	LANSCAPE's liability for breach of these terms and conditions shall not exceed in any event the total price of the Products ordered by You under any one purchase.
2.4	LANSCAPE shall not be liable for any delay or non-delivery of any Products or Services under this Agreement which is caused by any event or circumstances beyond its reasonable control.

3.	Ordering, Availability and Delivery
3.1	All orders for Products through the LANSCAPE Shop are subject to acceptance by LANSCAPE and to availability. LANSCAPE reserves the right to accept or decline Your order for any reason.
3.2	Prices for the Products and/or services are correct at the time of entering information. However, LANSCAPE reserves the right to change its prices at any time without prior notice.
3.3	Risk of loss and title in any Product that is not capable of being downloaded and which is, therefore, subject to shipment shall pass to You upon delivery. Any dates for delivery quoted by LANSCAPE shall be estimates only and LANSCAPE shall not be liable for any loss arising from the failure to deliver any Products by any date quoted.
3.4	LANSCAPE reserves the right, without liability or prior notice, to revise or cease to make available any or all Products included in the LANSCAPE Shop at any time.

4.

Refund Policy

LANSCAPE regrets that it is not able to provide any exchange or refunds for Products purchased via the LANSCAPE Shop, unless otherwise agreed on an exceptional basis at LANSCAPEs sole discretion. In the event where LANSCAPE accepts and requests for a refund You will incur a charge of US$25 or 30% of the list price, whichever is higher. Any orders placed by You on the LANSCAPE Shop and accepted by LANSCAPE are not eligible for cancellation. This is in lieu of any  trial or money back periods determined by LANSCAPE on a per product or service basis.

5.

Credit Card Transactions

All payments made for products and services purchased from the LANSCAPE Shop shall be made by credit card and handled directly by a financial institition of LANSCAPEs choice. LANSCAPE will not store any credit card information long term (with the exception of the required order processing period as deemed appropriate by LANSCAPE) in respect to any transactions made through the LANSCAPE Shop and shall not be responsible for any leakage or personal credit card information submitted by You in purchasing any Product or Service. Payment is subject to the approval of the applicable financial institution issuing the credit card to You and LANSCAPE  shall not be liable if such financial institution refuses to accept or honour Your payment.

6.

Typographical Errors

In the event that any prices for Products or Services provided on the On-Line LANSCAPE Shop are declared by LANSCAPE as being listed incorrectly as a result of a typographical error or otherwise, LANSCAPE reserves the right to refuse or cancel any orders placed against the declared incorrect price, regardless of whether or not the order and transaction has already taken place. In circumstances where Your credit card has already been charged the incorrect price, LANSCAPE will immediately arrange to credit Your credit card against the incorrect amount and process a new order at the correct price.

7.	Site Content - General Use
7.1	The Content available on the products and/or Services may be incomplete, out of date or inaccurate and is provided on an "as-is" basis. It is a condition of LANSCAPE allowing You access to the Content for any of the Products and/or Services that You accept that LANSCAPE will not be liable for any action You take in reliance on the Content contained within the Services.
7.2	LANSCAPE agrees to exercise the reasonable care and skill of a competent product manufacturer and service provider. However, LANSCAPE cannot guarantee that the Product and/or Services will never be faulty but will correct reported faults as soon as we reasonably can. If a fault occurs You should report the fault by email or by calling the LANSCAPE support staff (See the LanScape Corporate web site homepage for details). The Services are provided without any warranties or guarantees (including any warranties implied by law) unless expressly stated otherwise.
7.3	The Products and/or Services (either in whole or in part) are accessed where applicable via the Internet. You are responsible for the provision of and payment for a suitable PC and modem and for the fixed line and mobile phone services (including call charges) necessary for connection to the LANSCAPE Services. This Agreement does not include the provision of any phone services necessary for connection to the Internet or use of the Services. Any equipment connected to or used with the Services must be connected and used in accordance with any instructions, safety and security procedures applicable to the use of that equipment and must be technically compatible with the Services and approved for that purpose under any relevant legislation.
7.4	Your use of the Internet is solely at Your own risk and subject to all applicable national and international laws and regulations. We have no responsibility for any Information or other services obtained by You on the Internet.
7.5	LANSCAPE may at its discretion vary Content or the technical specification of the Products and/or Services from time to time.
7.6	LANSCAPE may temporarily suspend the whole or any part of a Product or offered Services for operational reasons at any time but will endeavour to give You as much notice as is reasonably practical before doing so.
7.7	LANSCAPE may provide or LANSCAPE's contractual partners may provide links to other web sites or resources. LANSCAPE neither accept responsibility for them nor endorses their Content.
7.8	Your dealings with, and interest in, third party promotions, services, or merchants found on or via LanScapeCorp.com, unless explicitly stated by LANSCAPE, are solely between You and the person with whom You are dealing. Should any dispute arise between You both, LANSCAPE will use its reasonable endeavours to help You resolve the situation, but will not be responsible for any losses or damages that may arise from any such dealings.

8.	Intellectual Property Rights and Trademarks
8.1	All intellectual property rights, including copyright, in all Program(s), software, Documentation, products, services, Content or other information or material accessed, supplied or available on the LanScapeCorp.com web site or via the LANSCAPE Shop, shall remain the property of LANSCAPE or the applicable licensors. The use or purchase of any Products and/or services from the LANSCAPE Shop does not imply any right of ownership to the intellectual property rights contained therein.
8.2	You agree to comply with the terms of any agreement reasonably required by the owners of any intellectual property rights in such Program(s), software, Documentation, products, services, Content or other information or material, relating to the use of the material and protection of any vested rights.

9.	Data Protection Policy
	Information provided by You to LANSCAPE as a result of Your registration and use of the Services and capabilities provided under LanScapeCorp.com shall be governed by the LANSCAPE published privacy policies. For complete details, please refer to the "Privacy Statement" area of the LanScape Corporate web site homepage.

10.	Termination
	This Agreement shall automatically terminate if you fail to comply with its terms. On termination you must destroy all or irrevocably delete all copies of LANSCAPE documentation and software Program(s) including any backup images or copies.

11.	Changes to the Agreement
	LANSCAPE  reserves the right to change these terms and conditions without prior notice at any time, at LANSCAPEs sole discretion.