Terms & Conditions

BY CONTACTING CHERQUE FARM PC PARAMEDIC FOR TECHNICAL SUPPORT THROUGH THE TELEPHONE NUMBER OR E-MAIL ADDRESS PROVIDED WITH THIS AGREEMENT, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CONTACT CHERQUE FARM PC PARAMEDIC TEAM FOR SUPPORT AND PROMPTLY CONTACT YOUR PLACE OF PURCHASE FOR CANCELLATION OF SUPPORT.

As a participant in Cherque Farm PC Paramedics technical support program, you ("Customer") are subject to these terms and conditions and entitled to receive the technical support ("Services") associated with such program for the terms of this Agreement. As used in this Agreement, "Product" means the software which the Customer has been validly licensed to use. "Program Errors" means 1 or more reproducible deviations in the standard, unmodified Product from the applicable specifications shown in the documentation.

Subject to these terms and conditions, Cherque Farm PC Paramedic will provide Services to Customer for Program Errors not resolved by Customer. Services shall include efforts by Cherque Farm PC Paramedic to identify defective software and to provide corrections, workarounds and/or patches to correct Program Errors. Cherque Farm PC Paramedic will provide Customer with an e-mail address which Customer may use to report Program Errors during Cherque Farm PC Paramedics local business hours.

Cherque Farm PC Paramedic will use reasonable commercial efforts to resolve each significant Program Error by providing either a reasonable workaround, an object code patch or a specific action plan for how Cherque Farm PC Paramedic will address the problem and an estimate of how long it will take to rectify the defect. Notwithstanding the foregoing, Cherque Farm PC Paramedic has no obligation to perform services in connection with Program Errors resulting from hardware or software not supplied by Cherque Farm PC Paramedic.

Unless otherwise authorized in writing by Cherque Farm PC Paramedic, Cherque Farm PC Paramedic will not be required to correct any Program Error caused by (a) incorporation, attachment of a feature, program, or device to the Product, or any part thereof; (b) any non-conformance caused by accident, transportation, neglect, misuse, alteration, modification, or enhancement of the Product; (c) the failure to provide an installation environment recommended for the Product; (d) use of the Product for other than the specific purpose for which the Product is intended; (e) use of the Product on any systems other than the specified hardware platform for such Product; (f) if applicable, use of defective media or defective duplication of the Product; For Program Error reports received by Cherque Farm PC Paramedic during local business hours, Cherque Farm PC Paramedic will use reasonable commercial efforts to communicate with Customer about the Program Error via telephone or e-mail.  

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL CHERQUE FARM PC PARAMEDIC BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL CHERQUE FARM PC PARAMEDIC BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT CHERQUE FARM PC PARAMEDIC RECEIVED FROM CUSTOMER HEREUNDER, EVEN IF CHERQUE FARM PC PARAMEDIC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM CHERQUE FARM PC PARAMEDIC NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO CUSTOMER