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Welcome to the LHP Engineering Solutions eStore at https://lhpes.com (the “LHPeS” or “Website”). The LHPeS is a website operated by LHP Software, LLC d/b/a LHP Engineering Solutions (“LHP,” “We,” “Us,” “Our”), located at 1888 Poshard Drive, Columbus, IN.
Terms Relating to Your Use of the LHPeS
1. PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the LHPeS and Services are for your personal and non-commercial use. You may not commercially distribute, publish, license, or sell any information or services obtained from the LHPeS or Services.
2. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THE WEBSITE OR SERVICES
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the LHPeS and Services is granted, provided that (1) the following copyright notice: “© 2016 LHP Software, LLC d/b/a LHP Engineering Solutions. All rights reserved.” appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the LHPeS or Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, unless permitted by exemptions under applicable copyright laws, and (3) no modifications of any Documents are made. Accredited educational institutions, such as primary and secondary institutions, universities, private/public colleges, and community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires LHP’s express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the LHP.com website, the Website or any other LHP owned, operated, licensed or controlled website. Elements of LHP websites, including the Website, are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any LHP website, including the Website, may be copied, retransmitted or made available unless expressly permitted by LHP or applicable law.
The documents and related graphics published on the LHPeS or Services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. LHP and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.
3. MEMBER ACCOUNT, PASSWORD, AND SECURITY
4. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you warrant to us that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any LHP server, or the network(s) connected to any LHP server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any LHP server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You may not use the Services in a way that infringes rights of third parties, including, but not limited to, willfully harming a person or entity, including LHP.
LHP reserves the right at all times to disclose any information, the disclosure of which is necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in LHP’s sole discretion.
5. MATERIALS THAT YOU PROVIDE TO LHPES OR POST ON THE WEBSITE
LHP does not claim ownership of the materials you provide to LHP (including feedback, ratings, and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community (each a “Submission” and collectively “Submissions”). However, LHP shall be permitted to use your Submission, including your name, for the purpose for which it was submitted.
No compensation will be paid with respect to the use of your Submission. LHP is under no obligation to post or use any Submission you may provide and LHP may remove any Submission at any time in its sole discretion.
6. UNSOLICITED IDEA SUBMISSION POLICY
LHP and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, IDEAS, SAMPLES, DEMOS, OR OTHER WORKS. The sole purpose of this policy is to avoid potential misunderstandings or disputes when LHP’s products or marketing strategies might seem similar to ideas submitted to LHP. So, please do not send your unsolicited ideas to LHP or anyone at LHP.
If, despite our request that you do not send us your ideas and materials, you still send them, please understand that LHP will not compensate you for them and makes no assurances that your ideas and materials will be treated as confidential or proprietary.
7. LINKS TO THIRD-PARTY WEBSITES
The LHPeS may include links to third-party websites that let you leave the Website. These linked sites are not under the control of LHP and LHP is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. LHP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LHP of the site. Your use of the third-party website may be subject to that third party’s terms and conditions.
Terms Relating to the Sale of Products to You
1. GEOGRAPHIC AVAILABILITY
The LHPeS is intended for use by customers who reside in the country or region serviced by this Website and there may be limits on where we can ship products as set forth in our shipping policies. To complete your purchase, you must have a valid billing and shipping address within that country or region.
2. END USERS ONLY
You must be an end user to purchase products from the LHPeS. Resellers are not eligible to purchase.
3. EXPORT LIMITATIONS
Products purchased from the LHPeS (including hardware, software and software downloads) may be subject to customs and export control laws and regulations. You agree to comply with all international and national laws and regulations that apply to you in relation to such products.
4. ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete, and accurate purchase and account information for all purchases made at the LHPeS. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed in connection with your transactions.
5. PRODUCT AVAILABILITY AND QUANTITY AND ORDER LIMITS
Product prices and availability are subject to change at any time and without notice. LHP may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household
LHP may refuse or reject any order at any time, refunding you any monies you have paid for the order, for reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered products or services are not available, or for obvious errors on the Website or made in connection with your order. If we are unable to supply the products or services that you ordered, we will contact you and may offer you an alternative product to consider instead. If you do not choose to purchase the alternative product, we will cancel your order. In the event of obvious errors on the Website or made in connection with your order, we reserve the right to correct the error and charge you the correct price. In that situation, we will contact you and offer you the option of purchasing the product at the correct price or canceling your order. Credits or refunds will be made to the same method of payment and account used to place the order.
6. SOFTWARE PURCHASES AND LICENSE TERMS
Any software made available to download or purchase from the LHPeS or Services is the copyrighted work of LHP and/or its suppliers. When you purchase software, you are actually purchasing a license to use the software rather than purchasing the software itself. Software licenses purchased at the LHPeS are subject to the license agreement that accompanies the software (the "License Agreement"). You will be required to agree to the terms and conditions of the License Agreement when you install the software.
PLEASE CONTACT THE LHPES (AS DESCRIBED IN THE NOTICES AND COMMUNICATION SECTION BELOW) IF YOU WOULD LIKE A COPY OF THE APPLICABLE LICENSE AGREEMENT, AT NO COST, BEFORE YOU OPEN SOFTWARE.
Any reproduction or redistribution of software or merchandise not in accordance with the relevant License Agreement and applicable law is expressly prohibited and may result in severe civil and criminal penalties. Violators risk being prosecuted to the maximum extent possible.
FOR YOUR CONVENIENCE, LHP MAY MAKE AVAILABLE AS PART OF THE LHPES OR SERVICES OR IN ITS SOFTWARE OR MERCHANDISE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD THAT ARE NOT PART OF THE PRODUCT OR SERVICES SOLD. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LHP DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE USE OF ANY SUCH TOOLS AND UTILITIES.
Please respect the intellectual property rights of others when using the tools and utilities made on the LHPeS or Services, or in software products or merchandise.
7. ELECTRONIC SOFTWARE DOWNLOADS
Electronic software download (“ESD”) products are delivered to you by making a download link available and related digital key in your LHP account associated with your product purchase. For ESD subscription products, different terms and storage rights may apply, which you will be able to review and agree to at the time of your subscription. You agree that we may stop supporting the storage of keys for one or more products at any time and for any reasons, including, by way of example, at the end of the product support life cycle, after which you will no longer have access to the download link or digital key. If we cancel or modify our program such that you will no longer have access to the download link or digital key(s) in your account, we will provide at least 90 days’ advance notice to you using the contact information for the related LHP account.
OTHER TERMS AND CONDITIONS
8. PRICE AND PAYMENT
Prices at the LHPeS will be as stated on the Website. We may offer you the opportunity to pre-order a product from our Website before it is available for purchase.
Terms Applicable to Pre-Orders of Non-Custom Products: We may place a hold on your credit or debit card at the time of pre-order but will not charge your card until the product is available for download or we ship it. If the advertised price of the product decreases between the date you pre-ordered and the date the product is available for download or shipping, we will charge you the lower price. You may cancel your pre-order before the product is shipped or available for download by contacting our customer support. Once your pre-order is shipped or available for download, our return policies apply. We will indicate on the Website if different pre-order terms apply to a specific product.
Terms Applicable to Custom Products: Your payment method will be charged when your order is ready. Because we make custom products to your specifications, your order, once placed, cannot be cancelled or modified. Your products cannot be returned for a refund or credit unless they are defective, have a material or workmanship flaw, or as required under applicable law.
Prices shown on the Website exclude all taxes or charges (“Taxes”) that may apply to your purchase. Prices shown on the Website also exclude delivery costs. Taxes and delivery costs will be added to the amount of your purchase and shown on the check-out page. You will have an opportunity to review the taxes and delivery costs before you confirm your purchase. Each item in your Cart is shown at the current price.
The LHPeS offers different payment options as identified on our Website. We reserve the right to change our payment options at any time and for any reasons. If offers are made in your local currency and are payable in another currency with an international credit card, final price in your currency will depend on the foreign exchange rates, taxes and fees applied by your bank or the issuer of your international credit card issuer. These transactions may be subject to taxes and/or fees on international transactions not charged by LHPeS.
9. AUTOMATIC RENEWAL PRODUCTS
Provided that automatic renewals are allowed in your country, region, province, or state, you may purchase subscriptions from us that automatically renew. If you purchase such subscription products and provide us with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize LHP to charge you for the services using your payment method; and (iii) authorize LHP to charge you for any paid feature of the services that you choose to sign up for or use while this agreement is in force. We will inform you by email before automatically renewing any subscription products. Once we have informed you that your subscription will be automatically renewed, we may automatically renew your services and charge you the then current price for the renewal term. We will also remind you that we will bill your chosen payment method for the services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the services. You must cancel the services before the renewal date to avoid being billed for the renewal.
10. RETURN POLICY
LHPeS’s return policy is in addition to any statutory return rights you may have under law. LHPeS will accept returns for items that meet the return criteria set forth below for 30 days from the date of purchase or download, as applicable. THESE RETURN CRITERIA CONDITION ANY RIGHT OF RETURN DESCRIBED IN THIS POLICY OR ELSEWHERE WITHIN THE LHPES, OTHER THAN THOSE REQUIRED UNDER LAW. We may deny any return or exchange if it fails to meet our return criteria. When you purchase a service or ESD product from us, you agree that we may begin to provide the service or ESD product immediately.
RETURN CRITERIA AND EXCEPTIONS:
• We will NOT accept the following items for return: (i) items that have been personalized or customized (unless it is defective or has a material or workmanship flaw): (ii) special order items, if not part of a LHPeS promotional retail sales offering (iii) items that have been used, altered or that show wear or damage; (iv) services; and (vi) random access memory (“RAM”) products, and (vii) clearance items or those marked with a designation such as “Final Sale” or “Non-Returnable”. Returnable items must be in a condition that permits us to resell them.
• To qualify, all returns and exchanges must be accompanied by the original receipt, documentation, instruction manuals, registration, parts and components and the original manufacturer packaging. Failure to include such items may prevent or delay your refund or exchange. Refunds will be made in the same method as payment unless you select to exchange the item or get a LHPeS credit in the amount of the refund. When you make a qualifying return, we will credit the full amount, less the original shipping and handling charges, if any.
• For ESD products, we may require you to sign an electronic letter of destruction.
• For services, the service must not have been delivered or consumed by you.
• For software, you may only return opened items during the return period if: (i) you don’t agree with the license agreement, or (ii) the media does not work, and (iii) only if you do not make or retain any copies. Software may only be exchanged for the same product. If we no longer have the same product, we will issue you a LHPeS credit.
• Pre-Orders. For returnable pre-order items, the 30-day return period begins:
• For ESDs, when the downloadable product is delivered electronically to your account and made available for download.
• For other products, when the product is shipped.
• Trial-period offers.
If you are taking part in any trial-period offer, you must cancel the service by the end of the trial period to avoid incurring new charges unless we notify you otherwise. If you do not cancel the service at the end of the trial period, you authorize us to charge your payment method for the service.
Returns for subscriptions will be honored within the return period.
Terms Relating to Both Your Use of the LHPeS and Sales to You
19. CHANGING TERMS
20. LIMITATIONS ON USE BY MINORS
You must have reached the age of majority in your province/territory of residence to purchase products from the LHPeS.
21. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
22. PRODUCT DISPLAY AND COLORS
LHP attempts to display product colors and images accurately but we cannot guarantee that the color you see on your monitor will exactly match the product’s color.
23. ERRORS ON SITE
We work hard to publish information accurately, update the Website regularly and correct errors when discovered. However, any of the content on our Website may be incorrect or out of date at any given time. We reserve the right to make changes to the Website at any time, including to product prices, specifications, offers and availability.
24. TERMINATION OF SITE USE
25. NO WARRANTIES
LHP MAKES NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO PRODUCTS OR SERVICES SOLD ON THE LHPES.
THEY ARE WARRANTED, IF AT ALL, ONLY UNDER ANY LICENSE AGREEMENT OR MANUFACTURER’S WARRANTY THAT MAY ACCOMPANY THEM. YOU UNDERSTAND THAT YOUR PURCHASE AND USE IS AT YOUR OWN RISK AND THAT WE PROVIDE PRODUCTS AND SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU ASSUME THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. SHOULD THEY PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. LHP DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE LHPES OR SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS CONTRACT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE.
YOU ACKNOWLEDGE THAT HARDWARE SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE LHPES OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WILL NOT OCCUR.
26. LIMITATION OF LIABILITY
If, despite the other sections of this Contract, LHP is found liable to you for any loss or damage that arises out of or is in any way connected with your use of the LHPeS, the Services, or any product or service offered, you agree that your exclusive remedy is to recover from LHP or any affiliates, resellers, distributors, and vendors direct damages up to (1) an amount equal to the price or fee for one month of any service, subscription or similar fee (not including the purchase price for hardware, software, support, or extended warranties), or (2) US $100.00 if there was no service, subscription or similar fee.
YOU AGREE THAT YOU CANNOT RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF YOU INCUR DAMAGES AND EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING RELATED TO THE LHPES, THE SERVICES, THIS CONTRACT, OR ANY PRODUCT OR SERVICE OFFERED, INCLUDING LOSS OF CONTENT; ANY VIRUS AFFECTING YOUR USE OF THE LHPES OR SERVICES; DELAYS OR FAILURES IN STARTING OR COMPLETING TRANSMISSIONS OR TRANSACTIONS; CLAIMS FOR BREACH OF CONTRACT, WARRANTY, GUARANTEE, OR CONDITION; CONSUMER PROTECTION; DECEPTION; UNFAIR COMPETITION; STRICT LIABILITY, NEGLIGENCE, MISREPRESENTATION, OMISSION, TRESPASS OR OTHER TORT; VIOLATION OF STATUTE OR REGULATION; OR UNJUST ENRICHMENT.
27. GENERAL LEGAL TERMS INCLUDING BINDING ARBITRATION AND CLASS ACTION WAIVER
1. Each Party shall, upon the reasonable request of the other Party, execute such documents and perform such acts as may be necessary to give full effect to the terms of this Agreement.
2. For purposes of this Agreement, (a) the words “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to this Agreement as a whole. Unless the context otherwise requires, references herein: (x) to Statements of Work refer to the Statements of Work attached to, or entered into pursuant to, this Agreement; (y) to an agreement, instrument or other document means such agreement, instrument or other document as amended, supplemented and modified from time to time to the extent permitted by the provisions thereof and (z) to a statute, law or regulation means such statute, law or regulation as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the Party drafting an instrument or causing any instrument to be drafted.
3. Neither Party may assign, transfer or delegate any or all of its rights or obligations under this Agreement, without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned or delayed; provided, that, upon prior written notice to Company, LHP may assign the Agreement to an affiliate of LHP or to a successor of all or substantially all of the assets of LHP through merger, reorganization, consolidation or acquisition. No assignment shall relieve the assigning Party of any of its obligations hereunder. Any attempted assignment, transfer or other conveyance in violation of the foregoing shall be null and void. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and permitted assigns.
4. Except as set forth in Section 11, this Agreement is for the sole benefit of the Parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever, under or by reason of this Agreement.
5. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each Party. No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
6. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the Parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
7. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of Indiana. Any legal suit, action or proceeding arising out of this Agreement or the Services provided hereunder shall be instituted exclusively in the courts of the State of Indiana located in Bartholomew County, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Service of process, summons, notice or other document by mail to such party’s address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court.
8. Each Party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of this Agreement or the transactions contemplated hereby.
Copyright and trademark notices
All contents of the Website and Service are Copyright © 2016 LHP Software, LLC d/b/a LHP Engineering Solutions and/or its suppliers, 1888 Poshard Drive, Columbus, IN 47203. All rights reserved. We or our suppliers own the title, copyright, and other intellectual property rights in the Website, Service and content. LHP and the names, logos, and icons of all LHP products and services may be either trademarks or registered trademarks of LHP in the United States, Canada and/or other countries.