1. Extended Download Service - Upon payment of the specified fee, Digital River, Inc. ("DR") agrees to provide you (the "End User") a service that enables the End User to make multiple downloads of digital computer software products (a "Product" or "Products") purchased in a single order (an "Order") and downloaded from this Web site (the "Site") for a period of five (5) years after the End User purchases the Product (the "Service").
2. Use of the Service - To use the Service, the End User must:
a. Use a browser connected to the Internet, visit the help page.
b. In the top right corner add your Order Number and Password to the
"Quick Order Look Up" and click "Find Order"
c. Click on Product Download button and download the Product.
3. Disclaimer of Warranties and Limitation of Liability - DR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE AND/OR THE PERFORMANCE OF THE PRODUCT; INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DR DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SERVICE AND/OR THE PRODUCT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE AND THE PRODUCT IS ASSUMED BY THE END USER. DR SHALL NOT BE LIABLE TO END USER FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM THE BREACH OF ANY WARRANTIES, THE FAILURE OF DELIVERY, DELAY IN DELIVERY, DELIVERY IN NONCONFORMING CONDITION, THE USE OF THE SERVICE AND/OR THE PRODUCT, OR FOR ANY OTHER BREACH OF CONTRACT OR DUTY BETWEEN DR AND THE END USER. DR shall have no obligation to provide the Service, and shall have no liability to the End User in the event DR is unable, as may be determined in the sole discretion of DR: to make multiple downloads of the Product as a result of modifications or changes to the End User's computer system which make it incompatible with the downloading process, changes or modifications to the Product that render the Product unsuitable for downloading, changes in methods of Internet access or operation that make the Product unsuitable for downloading, any other change or modification to technology and/or the Internet that makes the Product unsuitable for downloading, or the unavailability of the Product as a result of the actions of the vendor, publisher, or other supplier of the Product.
4. Effectiveness of Agreement - The End User's use of the Service shall not in any respect whatsoever modify any of the terms, conditions, or restrictions contained in the license agreement or other agreement by which the End User initially acquired rights to use the Product (the "End User Agreement"), and the use of the Product downloaded in connection with the Service shall in each and every instance remain subject to the terms, conditions, and restrictions contained in the End User Agreement.
5. Refunds - A refund of the fee for the Service shall only be payable to the End User if the End User makes a request for a refund on all Products that are part of an Order. The End User shall not be entitled to a partial refund in connection with the End User's request for a refund for less than all of the Products contained in an Order.
6. General - Any and all claims or disputes relating to the Service shall be governed by the laws of the State of Minnesota. For the purpose of resolving conflicts relating to the Service, DR and the End User agree that venue shall be in the State of Minnesota only, and, in addition, the End User hereby consents to the jurisdiction of the federal and state courts in the State of Minnesota. DR may assign its rights and delegate its duties with respect to the Service without providing notice to, or receiving the consent of, the End User.