Terms, Conditions, License
Terms, Conditions, and SOFTWARE LICENSE AGREEMENT
Please scroll down to read in its entirety. By using our site or software, you agree to the following, including the Software License Agreement below:
We keep your personal information private and secure. We use your information to process your order(s), to keep you updated on your purchased items, and to personalize your shopping experience.
To keep you informed about our latest offers, we may notify you of current promotions, specials and new additions to this store. You may unsubscribe from our newsletters by following the unsubscribe instructions in any email you receive from us.
We use "cookies" to keep track of your current shopping session to personalize your experience and so that you may retrieve your shopping cart at any time.
Other Linked Websites
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that DATABOSS is not responsible for the operation of, or content located on or throughout any such site.
Digital downloads will be delivered to you by an email link. Click on the link in our email to download the file and install the software ordered.
Sometimes email gets lost in Spam or Bulk Folders - please make sure to check all your email folders for the Data Boss order confirmation and software download email.
If you still cannot find such email an hour after placing an order, please use Contact Us page to message us, and we'll be happy to help you ASAP. Don't worry - we got your back and your properly placed order will be fulfilled even in the unlikely event our automatic email gets lost.
We accept credit cards as a form of payment. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and the phone number the same way your credit card bank has on file for you. Incorrect information will prevent processing your order.
Fraudulent orders, whether paid by credit card or otherwise, will be reported to the authorities and perpetrators will be prosecuted to the full extent of the law.
We provide support both in the form of Knowledge Base on our site and by email. Please use Contact Us page to message us with any and all support questions, concerns, suggestions. We'll be happy to help ASAP.
Returns and Refunds
There are No returns or refunds on our software unless specifically stated in writing. This is a standard policy with software as we offer free Demo versions that users can try prior to the actual purchase.
Please inquire within. Normally we do not offer academic pricing, but under certain circumstances, we might consider it. Please use Contact Us page to message us.
In the rare event when a product was listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, DATABOSS shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. DATABOSS shall also have 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 canceled, DATABOSS will issue a refund to your card in the amount of the incorrect price.
In case of downloadable software, it may not be possible for us to cancel the order, in which case you will be required to pay the correct price after the order. This event has never happened in the past, but we thought we'd put this disclaimer here anyway.
Copyright and Trademark Notice
Unless otherwise specified, all materials appearing on this site; including text, site design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement thereof, are the sole property of DATABOSS or their respective owners. Copyright ©, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping in this store or placing an order and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Other brand names and trademarks mentioned throughout our site are properties of their respective owners.
You are free to link to our site or any of its pages in a way that does not obscure true address of our website and its pages.
SOFTWARE LICENSE AGREEMENT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE DATABOSS SOFTWARE THAT ACCOMPANIES THIS SOFTWARE LICENSE AGREEMENT OR ANY ACCOMPANYING DOCUMENTATION (COLLECTIVELY, THE “SOFTWARE”).
THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT AND THE DATABOSS ORDERING DOCUMENT YOU EXECUTED OR AGREED TO, AND (WHERE APPLICABLE) ANY DATABOSS License Key information PROVIDED BY DATABOSS, IN EACH CASE GOVERNING YOUR LICENSE TO THE SOFTWARE (COLLECTIVELY, THE “PURCHASE RECEIPT”) (THIS SOFTWARE LICENSE AGREEMENT AND THE PURCHASE RECEIPT COLLECTIVELY, THIS “AGREEMENT”) GOVERN USE OF THE SOFTWARE UNLESS YOU AND DATABOSS HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT GOVERNING USE OF THE SOFTWARE.
THIS SOFTWARE LICENSE AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IF YOU ARE RESIDENT IN THE U.S., THESE AFFECT YOUR RIGHTS TO RESOLVE A DISPUTE WITH DATABOSS, AND YOU SHOULD READ THEM CAREFULLY.
DATABOSS is willing to license the Software to you only upon the condition that you accept all the terms contained in this Agreement. By clicking to accept where indicated below or by downloading, installing or using the Software, you have indicated that you understand this Agreement and accept all of its terms. If you are accepting the terms of this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the terms of this Agreement, and, in such event, “you” and “your” will refer to that company or other legal entity. If you do not accept all the terms of this Agreement, then DATABOSS is unwilling to license the Software to you, and you must destroy all copies of the Software.
1. Grant of License and Restrictions. If you obtained a license to the Software directly from DATABOSS or from an authorized DATABOSS reseller, then the license grant and license restrictions applicable to your use of the Software are as set forth in the applicable license exhibit attached hereto for the type of Software indicated on your Purchase Receipt or applicable purchasing documentation accompanying the Software.
LICENSE. Conditioned upon your compliance with the terms and conditions of this Agreement, DATABOSS grants you a non-exclusive and non-transferable license to Execute (as defined herein) a single computer seat of the Software solely in executable form on a single computer or virtual machine (a “Computer”), either for your personal or for commercial purposes. You may not transfer the Software to a different user or machine, except that once installed onto a Computer, the Software may be operated by any person directly using the Computer, provided that you are responsible for each such person’s operation of the Software. You may not run the Software on a network, but must install it only on the individual Computer(s) you are licensed for and run it locally on those Computers. For purposes of this Agreement, “Execute” and “Execution” means to load, install, and run the Software locally on a single Computer in order to benefit from its functionality as designed by DATABOSS. If yours is DUO version of DATABOSS, then the license covers not one but up to two computer seats.
You may not use on behalf of, or make the functionality of the Software available to, third parties for any purpose. You may not combine this Software with any third party script, application, hardware or tools which would cause it to run on a basis unintended by DATABOSS. You may not: (a) copy (except in the course of loading or installing) or modify the Software, including but not limited to adding new features or otherwise making adaptations that alter the functioning of the Software; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party; or (c) make the functionality of the Software available to any third party through any means, including but not limited to by uploading the Software to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services. You acknowledge and agree that portions of the Software, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of DATABOSS and its licensors. Accordingly, you agree not to disassemble, decompile or reverse engineer the Software, in whole or in part, or permit or authorize a third party to do so.
2. Ownership. Each copy of the Software is licensed, not sold. For purposes of this Agreement, the terms “purchase,” “sell” and like terms refers to purchase or sale of a license to use the Software and not to a purchase or sale of title to or ownership of any rights or other interests in the Software. You own the media on which the Software is recorded, but you acknowledge and agree that DATABOSS retains ownership of the Software itself and any related know-how or data used by DATABOSS or the Software, including all intellectual property rights therein. The Software is protected by the US copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Software as delivered to you. DATABOSS reserves all rights in the Software not expressly granted to you in this Agreement.
3. Updates. From time to time, DATABOSS may, but has no obligation to, provide updates to the Software. In case of minor updates within the same major version (example: major version v3, update v3.2), DATABOSS at its own discretion may make available to you, at no additional cost or without, the standard updates, maintenance, email support in accordance with DATABOSS policies from time to time. Nothing in this Agreement entitles you to receive any support, maintenance, updates, upgrades, content, new or old versions of the Software free of charge, except for the sole discretion of DATABOSS in each particular case. DATABOSS reserves the right to designate any updates, additional content or features as requiring separate payment or purchase of a separate subscription at any time. DATABOSS specifically reserves the right to cease providing, updating, or maintaining the Software in whole or any particular part or version of the Software, at any time in its sole discretion.
4. License Term. If you have received a license to the Software, then the initial term of this Agreement commences on the date specified in the receipt, including email copy of such, or applicable DATABOSS internal records of such receipt, and, in each case, continues for the period of time set forth in the receipt (or, if no such date is specified, then indefinitely or as long as practically possible).
Termination Rights. You may terminate the license at any time by uninstalling and destroying all copies of the Software in your possession or control. The license granted under this Agreement will automatically terminate, with or without notice from DATABOSS, if you breach any term of this Agreement. You acknowledge that upon expiration or termination of your license, the Software and any license key may automatically de-activate and you may no longer be able to access and use the Software. NO REFUNDS. If you assert any patents against us or any of our other customers based on the use of the Software, your license to the Software ends automatically.
Termination of this Agreement does not entitle you to any refund. Sections 2, 4, 5, 6, 8, 11, 12, 14 and 15 of this Agreement will survive any termination or expiration of this Agreement. Upon termination or expiration of this Agreement, your rights to use the Software cease.
6. Limited Warranty; Disclaimer. DATABOSS warrants that any physical media manufactured by DATABOSS on which the Software is distributed will be free from defects for a period of sixty (60) days from the date of delivery of the Software to you. Your sole and exclusive remedy, and DATABOSS’ sole liability, in the event of a breach of the foregoing warranty, will be that DATABOSS will, at its option, replace any defective media returned to DATABOSS within the warranty period. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (a) THE LIMITED WARRANTY SET FORTH IN THIS SECTION 6 IS EXCLUSIVE AND LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED; AND (b) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTION 6, DATABOSS DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DATABOSS OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. DATABOSS does not warrant that the Software will meet your requirements, that the Software will operate in the combinations that you may select for Execution, that the operation of the Software will be error-free or uninterrupted, or that all Software errors will be corrected.
7. Indemnity. You agree to indemnify and hold DATABOSS harmless, and accept that DATABOSS will have no liability for any infringement or misappropriation claim of any kind to the extent that it results from: (A) modifications to the Software made by a party other than DATABOSS, if a claim would not have occurred but for such modifications; (B) the combination, operation or use of the Software with equipment, devices, software or data not supplied by DATABOSS, if a claim would not have occurred but for such combination, operation or use; (C) your failure to use updated or modified Software provided by DATABOSS to avoid a claim; or (D) your use of the Software other than in accordance with this Agreement or the associated documentation.
8. Limitation of Liability. DATABOSS’ TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO AMOUNTS PAID TO DATABOSS BY YOU FOR THE SOFTWARE DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL DATABOSS BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR the cost of procuring substitute products ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EXECUTION OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT DATABOSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
9. U.S. Government End Users. The Software is a “commercial item” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If the Software is being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the Software will be only those specified in this Agreement.
10. Export Law. You agree to comply fully with all U.S. and other applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
11. Disputes and Claims. You and DATABOSS agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Software (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and DATABOSS are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and DATABOSS otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Section 11 will be deemed void. Except as provided in the preceding sentence, this Section 11 will survive any termination of this Agreement.
12. General. This Agreement will be governed by and construed in accordance with the laws of the State of Michigan, without regard to or application of conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. If you are a U.S. resident, Section 11 applies. If you are a non-U.S. resident, you agree that any claims or actions regarding this agreement may be brought solely in the state of Michigan, and you waive any right to challenge jurisdiction and venue therein. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without DATABOSS’ prior written consent, and any attempt by you to do so, without such consent, will be void. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. All notices or approvals required or permitted under this Agreement will be in writing and delivered by confirmed facsimile transmission, by overnight delivery service, or by certified mail, and in each instance will be deemed given upon receipt. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties. Neither party will have the power to bind the other or to incur obligations on the other’s behalf without such other party’s prior written consent. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and DATABOSS have executed a separate agreement. Any terms or conditions contained in your purchase order or other purchasing document that are inconsistent with or in addition to the terms and conditions of this Agreement are hereby rejected by DATABOSS and will be deemed null.
13. Contact Information. If you have any questions regarding this Agreement, you may contact DATABOSS at info@DATABOSS.me
14. Survivability. If some provisions of this Agreement become invalid or unenforceable in certain jurisdictions, the remaining provisions survive and are valid.
15. Third-party software components. DATABOSS includes certain third-party components that are licensed to you under the terms of this Agreement for as long as this Agreement is in effect. Please refer to the "licenses" folder in DATABOSS installation directory for the particular licenses of the components. All components are copyright, property, and responsibility of their respective owners.
These conditions will supersede any terms and/or conditions or comments you include with any order, regardless of whether this store fulfills the order or not. DATABOSS reserves the right to make changes to this site and these conditions at any time without prior notice.