ApparelMagic Desktop Terms of Service

Buyer agrees to purchase the ApparelMagic Version 10 System with the number of user licenses specified at checkout. The System shall include the Installation Files, Knowledgebase and FAQ, Installation Guide, and the ApparelMagic® Power Seminar Series™ training, accessible through our Support Center.

Buyer is solely responsible for the acquisition and setup of any hardware, the installation of the product and any updates, safekeeping of the original installation materials, data migration and the performance of daily data backups for the system. Seller will provide 6 months of free online technical support (3 months of premium level support and 3 months of standard level support). Buyer agrees to provide remote access to Buyer’s systems at DSL or equivalent speed, or a copy of the data file, in order to receive support and training services.

Buyer and Seller have the option (there is no obligation) to renew the standard technical support and update services for additional years at an annual cost equal to 10% of the standard software purchase price (inclusive of additional user licenses purchased in the interim, and not inclusive of any rebates, discounts or incentives) with the option to upgrade to the premium technical support package. ApparelMagic requires the latest version of FileMaker Pro software to be used with your purchase and with multiple users, FileMaker Server software, which is sold separately and not included with your system. Client has no obligation to purchase ApparelMagic 10 support. The ApparelMagic Support plan covers the ApparelMagic 10 software system only and does not cover hardware, operating system, data migration, data consultation, other software consultation, personal training, customization or FileMaker products. Changes in hardware or customization or feature upgrades may require upgrades of FileMaker products.

Buyer is granted a license in perpetuity to use the ApparelMagic software. Buyer agrees that the ApparelMagic software is the proprietary intellectual property of Seller, and agrees not to make any unauthorized copies or reverse engineer or decompile the software, and to comply with U.S. and International intellectual property law. Seller has the right to grant Buyer the license granted by this agreement and this grant does not infringe on the rights of any other party.

Buyer confirms no customizations have been requested and that the software is purchased “as is.” All sales are final. Seller is not responsible for any transfer of data or modifications of the system made to the system. Server versions are recommended for multi-user systems. If the software is damaged due to hardware failure or any other cause while Buyer is using a supported version of the system under a support plan, Seller’s sole obligation is to provide an empty replacement copy of the software. These remedies are exclusive. THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. There is no representation of continuing updates, upgrades or service plans. Buyer expressly holds Seller harmless for any consequential losses including but not limited to lost time, business revenues and third-party expenses. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes all prior communications between them. The parties agree that no representation, promise or condition shall be binding upon either party unless expressed herein. In the event of any dispute, Buyer and Seller agree to binding arbitration by a mutually agreed upon party in the jurisdiction and venue of West Palm Beach, Florida.

In the course of rendering technical support, Seller may become aware of certain confidential information of Buyer, such as sales volume, financial matters, supplier and customer list, strategies, policies and procedures that Buyer desires to be kept confidential. Seller agrees to keep such information confidential. Buyer agrees to be listed in Seller’s promotional materials and website, with link/logo, as an ApparelMagic client.

Buyer agrees that their user workstations and/or fileserver comply with the minimum hardware and operating system requirements published at www.filemaker.com in the “Technical Specs” section. If allowing multiple remote users to access the program, Buyer is responsible for the acquisition and setup up of a Terminal Server, licensed for the appropriate number of remote users.

The buyer who has accepted these terms has the authority to do so on behalf of buyer and all users. Acceptance of this agreement and payment in full is required prior to delivery of the system.

Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELATION, POLICIES, CONTRACTS, AND APPLICATIONS.