ASYMEX PTY. LTD.
Refund Policy
ASYMEX Pty.Ltd.,
hereinafter referred to as "ASYMEX", is a limited liability company
organized under the laws of Victoria,
Australia.
All ASYMEX software
products are offered as a fully-functional evaluation/download version of it
software for potential users to “try before you buy” on a fifteen-day (15-day)
free trial basis. ASYMEX encourages and appreciates users trying our products
before placing an order.
If you have not tested
ASYMEX free evaluation versions from our download sites, please do so before
you place an order to make sure that the product you are ordering is what you
want.
When a user purchases the
registered version of software from ASYMEX, we assume that the purchaser is
satisfied with the software’s features and functionalities. However, for a
limited period following the purchase of our software, a Licensee may qualify
for a refund of monies actually paid to ASYMEX for the product, subject to
strict compliance with ASYMEX Refund Policy.
If you determine, within
the period of time described below, that ASYMEX software does not work as
expected, you should either contact us to request a refund (in which case you
must satisfy the terms of ASYMEX Refund Policy) or follow the refund policy of
the reseller from whom you purchased ASYMEX software.
ASYMEX will refund that
portion of the purchase price for its software paid to ASYMEX by Licensee, if
Licensee notifies ASYMEX in writing of the refund request within fifteen (15)
days of the date that ASYMEX receives the first payment from or on behalf of
Licensee in connection with the Software and so long as Licensee satisfies all
other terms of ASYMEX Refund Policy. Upon payment of any refund by ASYMEX, you
agree to discontinue using the Software and to fully comply with all of ASYMEX
policies regarding the software for which payment was refunded.
After ASYMEX receives
your request for a refund, we will send you a pdf form of Affidavit of Software
Destruction and Discontinued Use. To receive a refund, you must print, complete,
sign and return the Affidavit of Software Destruction and Discontinued Use
within fifteen (15) days of the date that ASYMEX received the first payment
from or on behalf of Licensee in connection with the software. You must also
destroy all copies of the software you may have made and remove all copies of
the software you may have stored or saved. You must also uninstall the software
from any computers owned or controlled by you where the software was installed.
If your timely request
for a refund is received and you properly return the signed Affidavit of
Software Destruction and Discontinued Use, ASYMEX will either notify your
paying agent via e-mail message of its authorization to issue you a refund of
the amount you paid for the software, less shipping and handling charges, which
will not be refunded or if payment was made directly to ASYMEX, the appropriate
refund payment will be made by ASYMEX.
Once you have returned
the Affidavit to ASYMEX, all licenses you may have to use the ASYMEX software
for which a refund is claimed will be immediately terminated and any further
use of the software will be an infringement of ASYMEX copyrights as well as its
other intellectual property rights.
If a purchaser fails to
strictly comply with ASYMEX refund policy, the refund request will be denied.
Pursuant to the terms of its License for use of the software, ASYMEX is
authorized by Licensee to notify any paying agent that any such refund request
should be denied and ASYMEX determination on any requested refund will be
final.
ASYMEX reserves the right
to refuse any refund request. All refunds for downloaded software must be
preauthorized by ASYMEX. All refund requests that are not received within the
time period set forth in this Refund Policy will be considered untimely and
will be automatically rejected.
Warranty repairs
If the software
(including physical media) that you purchase is proven to be defective by ASYMEX’
technical support team, we will repair the software under warranty at no charge
to you, as long as you make your claim within 15 days.
Exclusive Remedies
Licensee agrees that if
Licensee does not give ASYMEX timely written notice of a refund request, then,
in the event of a defect in the Software media, Licensee’s sole and exclusive
remedy will be, in ASYMEX sole option, for ASYMEX to replace the defective
Software.
Limitation of Liability
ASYMEX shall not be
liable for any direct damages to Licensee or to any other third party, whether
out of contract or from tort, including loss of data, profits, business
interruption, or the use or inability to use the software. ASYMEX shall not be
liable for any other special, consequential or exemplary damages suffered by
Licensee relating to the software. ASYMEX cumulative liability to Licensee
shall not exceed the License fee paid by Licensee to ASYMEX in connection with
use of the Software. This Section shall survive termination of this License
Agreement.
Termination of License
The License issued in
favor of Licensee will terminate automatically if the Licensee fails to comply
with any provision of this License or the Licensee attempts to assign any of
its rights or authorities under the License. In the event of the termination of
this License, Licensee agrees to immediately erase and destroy all copies of
the Software and all documentation relating to use of this Software. Following
the termination of the License, any further use of the software will be an
infringement of ASYMEX copyrights, as well as its other intellectual property
rights.
Forum Selection
All disputes arising
under or relating to this License or the subject matter of this License shall
be resolved by a court of competent jurisdiction located in Melbourne, Victoria, Australia. Exclusive venue for any
resulting litigation shall be in Melbourne,
Victoria, Australia.
