1. Acceptance of Terms
1.2 The Terms are entered into by and between X-Tech and You. X-Tech provides Tools
to You strictly subject to the Terms.
2. Permitted Use
2.1 The Tools may be downloaded for personal and/or non-commercial use.
2.2 You may not modify, reverse engineer, make derivative works of, distribute, transmit or sell any of the Tools without the express written consent of X-Tech.
2.3 The Tools may not be used by You or any other party for any purpose that
violates any local, state, federal or foreign law. You understand that breaking
into any network or computer system not owned by You may be illegal.
3. Technical Support X-Tech does offer technical & customer support for the Tools.
4. No Express or Implied Warranty THE TOOLS ARE PROVIDED TO YOU "AS IS." X-TECH MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT THE EFFECTIVENESS, COMPLETENESS OR FITNESS OF THE TOOLS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5. Limitation of Liability
5.1 YOU AGREE THAT X-TECH WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE TOOLS, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO, OR VIRUSES OR "TROJAN HORSES" THAT MAY INFECT OR INVADE, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, EVEN IF X-TECH IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
5.2 YOU AGREE TO HOLD X-TECH HARMLESS FROM, AND YOU COVENANT NOT TO SUE X-TECH FOR,
ANY CLAIMS BASED ON YOUR USE OF, OR YOUR INABILITY TO USE, THE TOOLS.
6. Indemnification You agree to indemnify and hold X-Tech and
its subsidiaries, affiliates, officers, agents, and employees harmless from any
claim or demand, including attorney's fees, made by any third party due to or
arising out of Your use of the Tools, breach of the Terms, or violation of the
rights of another.
7. Intellectual Property Rights The Tools and all names,
marks, brands, logos, designs, trade dress and other designations X-Tech uses in
connection with the Tools are proprietary to X-Tech and are protected by applicable
intellectual property laws, including, but not limited to copyrights and
trademarks. Accordingly, You may not modify, reverse engineer, make derivative
works of, distribute, transmit or sell any of the Tools, nor may You remove or
alter any of X-Tech's trademarks from the Tools or co-brand any of the Tools,
without the express written consent of X-Tech.
8.1 Texas law and controlling United States federal law govern any action related to the Terms. No choice of law rules of any jurisdiction apply. You and X-Tech agree to submit to the personal and exclusive jurisdiction of the Texas state court located in Austin, Texas and the United States District Court for the Central District of Texas.
8.2 The Terms constitute the entire agreement between You and X-Tech and govern Your use of the Tools, superseding any prior agreements between You and X-Tech (including, but not limited to, prior versions of the Terms).
8.3 X-Tech controls and operates this website from various locations in the United States of America and makes no representation that these Tools are appropriate or available for use in other locations. If You use this website from locations outside the United States of America, You are responsible for compliance with applicable local laws, including, but not limited to, the export and import regulations of other countries.
8.4 These Terms and this website could include inaccuracies or typographical errors. X-Tech may make improvements and/or changes to the Terms or the website at any time without notice.
8.5 The failure of X-Tech to enforce or exercise any right or provision of the Terms does not constitute a waiver of such right or provision.
8.6 Our money back guarantee is only valid for (24) hours after your order is downloaded, after the deadline we will review your situation and honor/dishonor depending solely on your current circumstances. The reason we have a 1 Day deadline is due to previous customers taking advantage of our Money Back Guarantee. Please note that X-Tech reserves the right to deny any refund you may request at any time. If X-Tech honors your Money Back Guarantee it will take (10 - 12) business days to receive the refund into your bank account. This has nothing to do with us our processor takes a little time to get the funds reversed and ACH deposited in your bank account or credited to your credit card. If you request your Money Back Guarantee within the 24 hour window we are required to help you with any problems to ensure the integrity of your request.
8.7 X-TECH delays the authorization/processing of your credit card depending on unusual circumstances until your order is ready. This is to ensure your not wrongfully charged for any product/service that was not delivered to you via our Data Center. By accepting our "TOU" policy you authorize X-Tech to delay any payment you have submitted through our website and we shall not be held responsible for any fees the rarely occur. In any event you dispute a valid charge made to X-Tech we will compile all data pertaining to your session(s) and present that as evidence. Including but not limited to: IP Address, Name, Contact Info-rmation, GEO Location, Physical Address, and your Digital Signature. This is to prevent X-Tech from losses due to online fraud and nothing more.
8.8 In the event any provision of this Agreement is held to be unenforceable in any respect, such un enforceability shall not affect any other provision of this Agreement, provided that the expected economic benefits of this Agreement are not denied to either party. X-Tech does not sell illegal password services, but we do sell password recovery software in which you use at your own risk. X-Tech will not upon any request violate any privacy act or another websites "TOU", "AUP" policy(s) or offer services that will violate any privacy act or "TOU", "AUP" policy(s). Terms such as "hacking", "cracking", "service" and specific mentions of online properties (myspace, facebook, yahoo, hotmail, etc) are used for marketing purposes only and this site does not violate any Federal, State, or International Laws.
8.9 You acknowledge and agree that the Tools, which are the subject of this Agreement, may be controlled for export purposes. You agree to comply strictly with all United States export laws and regulations, including, but not limited to the United States Export Administration Regulations, International Traffic in Arms Regulations, Office of Foreign Asset Control, treaties, Executive Orders, laws, statutes, amendments, or supplement thereto, and You assume sole responsibility for any required export approval and/or licenses and all related costs. You acknowledge that export of the Tools contrary to United States law is prohibited. You agree that the Tools is not being nor will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed, embargoed, or prohibited countries or their nationals, denied destinations, nor be used for nuclear activities, chemical biological weapons or missile projects. Proscribed countries, destinations, and people are set forth in the United States Export Administration Regulations, and the Office of Foreign Asset Controlís Specially Designated Nationals list, and are subject to change without further notice from X-Tech.
You agree not to resell, re-export, or ship, directly or indirectly, our Software in any form without obtaining appropriate export or re-export licenses from the United States government. The fees and costs to obtain such approvals and consents shall be paid by You. If you have any questions regarding our Terms & Conditions please contact us via email at email@example.com.
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