MAGPIX, Inc. Terms and Conditions of Purchase

1. Agreement; Other Documents; Changes. You and MAGPIX, Inc. ("MAGPIX") agree that your order is
an offer to purchase the products listed in your order ("Products") on the terms and conditions listed
below which will become a contract ("Agreement") when accepted by MAGPIX via confirmation that
specifically references your order or when MAGPIX ships to you the Products you ordered, whichever
occurs earlier, and the banking, negotiation or other use of any payment shall not constitute an
acceptance by MAGPIX. When you send your order to purchase Products to MAGPIX, that order shall
constitute your agreement to these terms and conditions of purchase. You represent you have the legal
authority to enter into this Agreement on behalf of yourself or any party you represent.
This Agreement may not be altered, supplemented, or amended by the use of any other document(s).
Any such attempt will be null and void unless otherwise agreed to in a written agreement signed by both
you and MAGPIX.
If any provision of this Agreement is held to be invalid by any law, rule, order or regulation of any
government or by the final determination of any state or federal court, such invalidity shall not affect the
enforceability of any other provision of this Agreement
2. Governing Law. THE LAWS OF THE STATE OF MASSACHUSETTS WILL GOVERN THE SALE.
3. Payment Terms. MAGPIX accepts only those credit cards mentioned on the product ordering screens
as the payment options for your purchase. Your credit card will not be charged until the Products listed in
your order are shipped.
4. Shipping Charges; Customer Location. Separate charges for shipping will be added to the cost of the
Products. MAGPIX will only accept orders from billing and shipping addresses located within the 50
United States and the District of Columbia. MAGPIX reserves the right to limit quantities.
5. Taxes. All applicable local, city, and state taxes are your responsibility and will be applied to the order.
You agree to pay these taxes.
6. Title. MAGPIX will ship the Products to you from MAGPIX's manufacturing or distribution facility, as
applicable, with title and risk of loss passing to you upon MAGPIX 's delivery of the Products to the first
common carrier. Title to any applicable software will remain with the licensor(s).
7. Governmental Authorizations. You are solely responsible for obtaining any licenses or other
governmental authorizations related to your use of the Products that may be required by any federal,
state or local government agency, and for complying with all rules and regulations imposed by such
agencies. Neither MAGPIX nor any of its employees is your agent or representative in governmental
matters.
8. Warranty. THE STANDARD LIMITED WARRANTY APPLICABLE TO EACH OF THE PRODUCTS YOU
PURCHASE UNDER THIS AGREEMENT IS DESCRIBED ON THE SITE. THE ACTUAL LIMITED
WARRANTY STATEMENT THAT APPLIES IS INCLUDED IN THE DOCUMENTATION PACKAGED WITH
THE PRODUCT. MAGPIX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
SOME STATES DO NOT ALLOW AN EXCLUSION OR LIMITATION ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
MAGPIX reserves the right to modify its warranties prospectively at any time, in its sole discretion.
9. Software License. All software is provided subject to the end user license agreement that is part of
the package. You agree that you will be bound by the license agreement once the package is opened or
its seal is broken. If you don't agree to abide by the end user license agreement, you must return the
software to MAGPIX , with the software unused, for a refund of your purchase price.
10. 30 Day Money Back Return Policy. MAGPIX 's "30-Day Money Back Return Policy" that is in effect on
the date of invoice applies to the Products you purchase under this Agreement.
11. Products. MAGPIX 's policy is one of on-going product update and revision. MAGPIX may revise or
discontinue Products at any time. MAGPIX will ship Products that have the functionality and performance
of the Products ordered, but differences between what is described in hardcopy or electronic versions of
MAGPIX Products documentation and what is shipped are possible. The parts and assemblies used in
building MAGPIX Products are selected from new and equivalent-to-new parts and assemblies in
accordance with industry practices.
12. Limitation of Liability. EXCEPT FOR PERSONAL INJURY, MAGPIX'S TOTAL LIABILITY WHETHER
FOR BREACH OF CONTRACT, WARRANTY, LATE DELIVERY OR NON-DELIVERY, NEGLIGENCE,
STRICT LIABILITY IN TORT OR OTHERWISE, IS LIMITED TO THE PRICE OF THE PARTICULAR
PRODUCT(S) SOLD WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. MAGPIX WILL
NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, TO THE FULL
EXTENT SUCH MAY BE DISCLAIMED BY LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO
YOU.
13. Compliance with the Law; Resale Sales. You agree to comply with all applicable laws and
regulations of the various states and of the United States and other countries that relate to the Products
or this Agreement. The Products are intended for purchase and use only in the United States.
You agree and represent that you are buying for your own internal use only, and not for resale. MAGPIX
has separate terms and conditions governing purchase for resale.
14. Export Compliance. The hardware, software, and technology provided to you are subject to the U.S.
Export Administration Regulations and may be subject to similar laws, regulations, or requirements in
other countries. You agree to comply with the U.S. Export Administration Regulations and such other
laws, regulations, or requirements as may apply to your receipt, re-export and use of the hardware,
software, and technology provided to you. This provision shall survive the termination of this contract.
Copyright 2007 MAGPIX, Inc. All Rights Reserved.
Terms and Conditions of Purchase