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Terms and Conditions
SoftwareOEM only supplies to registered computer trade dealers, wholesalers and manufactures of PC hardware.
The use of SoftwareOEM web site is governed by the policies, terms and conditions set forth below. Please read them carefully. By using this site or submitting an order for software to SoftwareOEM, is indication of acceptance and agreement to be bound by, the terms and conditions set forth below, referred to as the "agreement". These terms and conditions, shall supersede any prior or subsequent terms and conditions, whether or not such terms and conditions are signed by SoftwareOEM. SoftwareOEM reserves the right to make changes to this site and to these terms and conditions at any time. Any such modifications will become effective upon the date they are first posted to this site.
Conditions of OEM Software
"OEM" software is (Original Equipment Manufacture - OEM) software to be distributed ONLY with the hardware equipment - (PC and associated hardware). "OEM software" must be either be bundled, package into the hardware price or sold as an added on with hardware equipment sold. The publishers of OEM software are offering this opportunity for their software to be package only with equipment hardware, for the main propose of gaining market share. Use it to your marketing advantage! Do not abuse the rights of the OEM publishers, by any per loading, reproduction, direct retail distribution and any modified publication of copyrighted material, is strictly prohibited. Respect of the OEM software publishers marketing rights with their OEM software titles. Any abuse will be enforced.
The specific terms of the OEM license agreement varies between publishers, some specify that the hardware sale must be of greater value of the OEM software product. Others state that the computer hardware must constitute a "bootable" PC system. In many cases OEM software can also be sold with other associated peripherals such as scanners, digital cameras, printers etc. OEM software may be included in the equipment hardware price as a promotion or sold as an "ADD -ON" with the NEW computer hardware.
To protect the integrity of the OEM software brands, the proprietors actively monitor advertisements in hard copy, on line, for offers to sell OEM versions which breach the OEM terms and conditions of sale. If you resell OEM product purchased from us to resellers it is essential that you pass on the OEM terms and conditions to them.
Action will be taken against breaching the terms and conditions of sale of OEM software, for there is no need to use and abuse the OEM software opportunity.
SoftwareOEM will continue to condone any breach of the OEM terms and conditions of sale of OEM software and will aggressively participate in taking action there of.
OEM Conditions
Some software manufacturers and/or copyright holders require that PC hardware (sometimes specific hardware) be purchased with their OEM software products. The End User License Agreement is a contract between the user of the software item and the manufacturer or copyright holder of the software product. By purchasing OEM software; You the dealer are providing Your assurance that You are distributing the OEM software with qualifying hardware or items required by the manufacturer of the software copyright holder.
Most OEM products do not receive manufacturer telephone support and may have limited or no technical support at all. By purchasing OEM software You have agreed to comply with all of the terms of the End User License Agreement and have purchased or intend to purchase the qualifying hardware or items required. With Your purchase of OEM software products from SoftwareOEM You hold SoftwareOEM harmless for any damages or violations of the Agreement between the End User and the software manufacturer copyright holder.
Academic Products
Academic Software is restricted to use by students, faculty or educational institutions, and for none profit institutions. The Purchasing of Academic Products from SoftwareOEM, you are giving your full assurance that you are qualified to sell the Academic Products to the appropriate client within the guidelines of the End User License Agreement.
Purchase of academic products for use in non-academic environments may provide the copyright holder and or manufacturer the opportunity to question Your license choice and fine the user for the difference between the Academic purchase price and the cost of the Commercially Licensed product. Please read Your End User License for specific restrictions or limitations imposed by the manufacturer or copyright holder of the product. You (the Customer) accept full responsibility for compliance with End User License Agreements and/or compliance with restrictions placed on Academic products.
Copyright and Trademark Notice
All materials, appearing anywhere on the SoftwareOEM Internet site, are protected by worldwide copyright laws and treaty provisions. The copyright on such materials is held by the original creator of the materials. None of the materials may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means other than as described, and or without prior to written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on SoftwareOEM.com Internet site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
All software publisher's logos, images marks, names, and Trademarks herein are the property of their respective owners and are user for illustration proposes only! All material found on this website may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal, non-commercial use. Requests for use of content should be addressed in writing to sales@softwareoem.com
Software Products Ordered through SoftwareOEM
The software products available for order through SoftwareOEM (the "Software") are distributed on behalf of various publishers ("Publishers") who own or have their rights to provide the software. The Software that you order through SoftwareOEM is subject to the terms and conditions of the end-user license agreement accompanying the software (the "End-User License" on the CD-Rom) between you and the Publisher. All of your rights and remedies with respect to your order, purchase, possession, and use of the Software are governed by the End-User License. All maintenance, update, warranty, liability, and any other obligations related to the software ("Software Obligations"), if any, shall be as provided for in the End-User License, or, if applicable, in accordance with Publishers' policies and procedures. SoftwareOEM is not responsible for any Software Obligations, and the customer shall have no right of recourse against SoftwareOEM for any Software Obligations. All recourse and remedy, if any, for the Software Obligations shall be with the Publisher in accordance with the End-User License, or, if applicable, its policies and procedures.
All other products and services available for order through SoftwareOEM, besides the Software (the "Other Products") are distributed on behalf of third-party suppliers ("Suppliers"), unless otherwise indicated. Except for the SoftwareOEM Return Policy, all of your rights and remedies with respect to your order, purchase, possession, and use of the Other Products and all maintenance, update, warranty, liability, and any other obligations related to the Other Products, if any, shall be governed by the applicable policies and procedures of the Suppliers. SoftwareOEM is not responsible for any of the foregoing obligations, and customer shall have no right of recourse against SoftwareOEM for any such obligations.
Site Content and Information
The SoftwareOEM web site contains information, advice, text, and other materials ("SoftwareOEM Information") that are provided for your convenience and information. You should be aware that the SoftwareOEM Information may contain errors, omissions, inaccuracies, or outdated information. SoftwareOEM makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any SoftwareOEM Information and shall not be liable for any lack of the foregoing.
Descriptions of, or references to, products or publications within the SoftwareOEM site does not imply endorsement of that product or publication. SoftwareOEM is not engaged in rendering legal, accounting, or other similar advice or professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought.
Order Acceptance Policy
SoftwareOEM does not accept orders from end users whatsoever. SoftwareOEM is a wholesaler to the computer IT re-seller trade channel and does not accept OEM software orders from end users, or other retail customers who intend not to resell the products offered by SoftwareOEM. Your receipt of an electronic or other form of order confirmation does not signify SoftwareOEM will acceptance of your order, nor does it constitute confirmation of our offer to sell OEM Software. SoftwareOEM reserves the right at any time after receipt of your order to accept, decline, or limit your order for any reason. All orders placed over $300.00 must obtain pre-approval with an acceptable method of payment, as established by our credit department. We may require additional verifications or information before accepting any order. Price and availability of Software and other products and services offered on the SoftwareOEM site are subject to change without prior notice. To the extent we provide information on availability of Software or other products, you should not rely on such information. SoftwareOEM will not be liable for any lack of availability of Software or other products you may order through SoftwareOEM.
Don't be fooled by cheap software offers and phony guarantees from companies selling illegal software. SoftwareOEM guarantee our customers that software purchased from SoftwareOEM is 100% legal.
Replacement Policy
The defective software may be replaced only pursuant to the terms and conditions of trade and as to the Information Center of this site, except as expressly stated. Every product we sell is guaranteed to work. Please note: product compatibility is not our responsibility. Please! Make sure the product will work with your computer before you order. We will not replace any items due to application incompatibility.
For defective product my only be accepted in writing and SoftwareOEM is entitled to reject any claim at their discretion, of replacing any product provided that the product has not been opened or used in any way. Damaged or opened packing. OEM software is not returnable for any reasons to do with of faulty product registration or inactivation; see manufacturers warranty and support
We will gladly replace any defective product with an identical product. If you need to replace a product, please contact us and we will provide you with an RMA #. Returns or replacements must take place within 14 days of receiving the original order. We can only send replacements once we have received the "defective item". All returns must have an RMA number!
We can only send replacements once we have received the "defective item". We cannot offer exchanges on any products that use serial numbers and/or require activation, contact the manufacturer directly. This applies to Microsoft programs, Symantec/Norton Antivirus programs, Nero programs, and etc. We do NOT do provide credit to any PO Box customers! Any orders placed will be subject to cancellation.
Microsoft Returns policy: Microsoft OEM software is not returnable for any reason! The purchaser of this software is required to comply with the terms of the System Builder license, including the responsibility of providing all end user support for the software.
Ownership and Title
It is agreed by the customer, that the property right in title of the goods shall not pass until; the customer has paid in full all amounts owing for the particular goods, and has met all other obligations due, in respect of all contracts. Legal title and beneficial ownership of goods shall not pass to the Applicant or any third party until full payment is received by SoftwareOEM.
Title to the goods herein being purchased are retained by SoftwareOEM until goods are fully paid for by the purchaser and only at that time the title shall passes to purchaser. The Customer hereby grants the security and ownership interest in all goods purchased under this agreement by SoftwareOEM, until payment has been received in full. If the goods are no longer in the possession of the customer, customer hereby authorizes SoftwareOEM to attain the customer's accounts receivable or inventory of similar value as collateral. If the customer fails to return the goods, SoftwareOEM or nominated agent may enter upon or into land and premises owned , occupied or used by the customer where the goods are situated and take full possession of the goods, with out been responsible for any damage thereby caused.
SoftwareOEM retains the possession or right of control of the goods whether the property of the goods are in possession of the customer or returned, SoftwareOEM has the unpaid right to dispose of the goods and may claim from the customer the loss on such disposal.
Disclaimer Notice and Limitation of Liability
SoftwareOEM makes no representations or warranties, either express or implied, of any kind with respect to the software, the information, all products, services, or materials offered, sold, or displayed on this site or your use of the site generally, to the full extent permissible under applicable law. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction's law is applicable to this agreement.
Notwithstanding the above, customer agrees that its exclusive remedy for all damages, losses and cause of actions against SoftwareOEM, and its officers, directors, employees and/or other representatives whether in contract, tort (including negligence) or otherwise shall not exceed the price (excluding shipping, taxes and duties) of the product that was ordered by that Customer in the related transaction. SoftwareOEM is not responsible for any typographical errors. Please research your purchase carefully. Prices and product availability are subject to change without notice.
Privacy Policy
SoftwareOEM is committed to protecting our client's privacy and takes any private customer data and information very seriously. We maintain the privacy of your information and adhere to policies that prevent unauthorized use of your information. We only send our electronic discounts and special offer emails to customers who have purchased from us in the past or who have signed up to be on one of our lists. If at any time, you decide you would no longer like to receive our email just send an email to sales@softwareoem.com with "Remove Me" in the subject and your full name in the body of the email and we will take you off our list.
Corrections in Your Information
Simply call our toll free number 1300 665 944
Miscellaneous
No OEM products qualify for rebates. SoftwareOEM assumes no liability regarding manufacturer's rebates. All manufacturers warranties apply to that software program manufacturer. We do not honor special promotions, policies, rebates, or warranties from manufacturers. Manufacturers often provide end users with the bonus of a mail-in rebate after an item is purchased. Often, the rebate is a valuable offer that significantly lowers the net cost of the product purchased. SoftwareOEM is not responsible for any manufacturer's rebate and does not pay any manufacturer's rebate. The rebate is a transaction between the end user/ buyer and the manufacturer, and buyer assumes all responsibility for claiming any available rebates on retail software! All concerns regarding any manufacturer's rebate must be communicated between the manufacturer of the software and the customer. We reserve the right to refuse service to anyone. All products available while supplies last.
This agreements terms and conditions and any applicable policies and procedures of SoftwareOEM, together with those documents, policies, and procedures expressly referred to herein, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreement between the parties with respect to such subject matter. This Agreement shall be construed in accordance with and governed by the internal laws of Australia without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Western Australia to the rights and duties of the parties. No wavier by either party of any breach or default there-under shall be deemed to be a waiver of any preceding or subsequent breach or default. You may not assign, transfer, or delegate this Agreement or any part of it without SoftwareOEM's prior written consent. SoftwareOEM may freely transfer, assign, or delegate all or any part of this Agreement, and any rights and duties there-under, without the requirement of consent. This Agreement will be binding upon and inure to the benefit of the heirs, successor, and permitted assigns of the parties.
This AGREEMENT constitutes the entire agreement between the CUSTOMER and SoftwareOEM relating to the purchase or sale of goods or services. The Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold, in writing signed by SoftwareOEM. Electronic records that are otherwise valid, shall be accepted under the Agreement. The CUSTOMER consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting SoftwareOEM. You agree that any legal action against softwareOEM.com must only be brought in the courts of Western Australia . Western Australian law shall govern all legal action without regard to any conflicts of laws provisions other wise.
Copyright ©2002 by SoftwareOEM. All Rights Reserved.
Unit 5, 55 Howe Street, Osborne Park, 6017, Western Australia
Tel: 1300 665 944 | Fax: 1800 095 095 | Email: sales@softwareoem.com
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