Data Assurance Technology Associates Data-a.com and the DATAStore Web Site Terms of Use April 12, 2002 By using this site, you agree to the following conditions set forth in this agreement. RESTRICTIONS ON USE OF MATERIALS This site is owned and operated by Data Assurance Technology Associates (Data Assurance). No material from data-a.com may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way unless permission has been expressly granted by Data Assurance. Trademarks Data Assurance Technology Associates, the Data Assurance logo, cubeDATA, hyperDATA, and the logos for these products are trademarks or registered trademarks of Data Assurance. This web site also references other brand and product names that are trademarks, registered trademarks or service marks of their respective holders. Media Purchases Data Assurance makes every attempt to adequately describe all products to allow customers to select the right product for their requirements. If you are not sure which product matches your needs, it is your responsibility to call us to determine the correct product. Return Procedures To return an online order to Data Assurance, you must call or email requesting Return Authorization. If your request is determined to be valid, you will be given an RMA number (Returned Merchandise Authorization). Return Policy 1. All return requests must be authorized by Data Assurance and occur within 30 days of the invoice date. 2. Return authorizations are valid for thirty days after their issue date. 3. Return authorization numbers must be clearly marked on the outside of each carton. If there is no RMA number on a carton, it will be returned to you. 4. Returned products must be sent freight prepaid. If we have sent you defective products or the wrong product due to our error, we will pay for shipping. 5. If you refuse an order after shipment, you will be charged a 15% restocking fee plus in/outbound freight charges. 6. The restocking fee may be waived for non-defective products if a replacement order of equal or greater value is placed. If there is no replacement order, or if the replacement order is less than the original order, a restocking fee of up to 15% will be charged plus in/outbound freight charges. 7. All non-defective products returned must be in the original condition of the sale; non-saleable products will be returned to you at your expense. 8. Closeout merchandise and special order products cannot be returned for any reason. 9. All defective merchandise will be accepted according to the vendor's guarantee, and replaced with either the same product (or an equivalent product, if an exact replacement cannot be made). 10. Defective products must be accompanied by a description of the defect. We reserve the right to revise these policies as needed to reflect our vendors' policies. Defective products can be tested. If the product is not defective, it will be returned at the customer's expense. Software Downloads Any software that is made available to download from this server ("Software") is the copyrighted work of Data Assurance and/or its suppliers. Use of this Software is governed by the terms of the End User License Agreement, if any, which accompanies or is included with the Software ("License Agreement"). In the event any Software does not come with a License Agreement, the Software is downloaded and/or used under the following terms: The Software is licensed to you by Data Assurance. Data Assurance does not transfer title of the Software to you. You own the medium on which the Software is recorded, but Data Assurance retains full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. Data Assurance grants to the User a nonexclusive license to use this Software solely for the User's own personal or internal business purposes. The User may not commercially distribute, sublicense, resell, or otherwise transfer for any consideration, or reproduce for any such purposes either alone or in conjunction with any other product or program unless express written permission has been granted to you by Data Assurance. SOFTWARE IS PROVIDED TO THE USER "AS IS" AND Data Assurance MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS SOFTWARE AND/OR ASSOCIATED MATERIALS PROVIDED TO THE USER, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. Data Assurance DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. Data Assurance IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES WHATSOEVER, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY, INTELLECTUAL PROPERTY INFRINGEMENT, LOSS OF PROFITS, OR INTERRUPTION OF BUSINESS, OR FOR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER ARISING OUT OF BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.