TERMS AND CONDITIONS OF PURCHASE

THE FOLLOWING TERMS AND CONDITIONS OF PURCHASE APPLY TO THE PURCHASE BY YOU OF ANY PRODUCTS SOLD OR MARKETED BY TOUCHPOINT STUDIOS INC.

GRANT OF LICENCE

Upon payment of the specified purchase price for any product (“Product”), Touchpoint Studios Inc. (“we”, “us” and “our”) agrees to provide you with:

1. a licence to use the then current version of the Product you have purchased in accordance with the terms of the End User Licence Agreement (“EULA”) for that Product; and
2. the right to receive support and updates with respect to the Product for a period of 12 months from the date of purchase (“initial term”) in accordance with these terms and conditions. Note that a shorter or longer initial term may be separately agreed between you and us at the time that you purchase the Product.

CONDITIONS OF USE

By using the Product, you agree to be bound by the EULA for the Product, which can be viewed by clicking the link below:

• End User License Agreement (EULA)

If you do not agree with the terms and conditions of the EULA, you must not install and/or use the applicable Product. You may also be entitled to a refund of the purchase price for the Product in accordance with our 30 Day Money Back Guarantee set out below.

SUPPORT

We agree to provide you with software support for the Product during the initial term and, upon payment of the renewal fee, during each renewal term. Software support will be provided by us (at our discretion) via email, webchat or via submitting a web form with a description of your support problem. Instant answers to commonly asked support questions are available on our website by clicking here.

UPDATES

We agree to provide you with all upgrades and new versions of the Product that are released by us during the initial term.

30 DAY MONEY BACK GUARANTEE

If for any reason you are not happy with your purchase, simply contact us within 30 days, and we will happily refund 100% of the purchase price.

GENERAL TERMS

Disclaimer of Warranties and Limitation of Liability

You hereby acknowledge that the Product cannot be guaranteed error free or free of any defects. In particular, we do not guarantee that the Product will detect and/or remove all malicious software, recover all data or rectify any errors which you may have with your system.

In the event any statute implies terms into these terms and conditions which cannot be lawfully excluded, such terms will apply, save that our liability for breach of any such implied term will be limited, at our option, to any one or more of the following:

1. the replacement of the Product to which the breach relates or the supply of an equivalent Product;
2. the repair of the Product (including repair via the release of an update);
3. the payment of the cost of replacing the Product or of acquiring an equivalent Product; or
4. the payment of the cost of having the Product repaired.

If our liability for breach of any term, condition or warranty implied by law into contracts for the supply of goods and services ("Prescribed Terms") are capable of exclusion, they are hereby excluded to the fullest extent permitted by law.

Except as provided by the Prescribed Terms (if any), which are not capable of exclusion or limitation, or as expressly set out in these terms and conditions:

1. we make no warranties in relation to the Product, including warranties as to the performance or fitness for purpose of the Product; and
2. you will not under any circumstances have any cause of action against, or right to claim or recover from us for or in respect of any loss, damage or injury (including without limitation any loss of profit, indirect or consequential loss, damage or injury) arising from the supply or use of the Product or any breach of these terms and conditions.

We will not be liable for any indirect or consequential damages (including loss of profits, loss of data or economic loss) arising out of a breach of these terms and conditions or arising out of the supply of a defective Product. You agree that the maximum liability that we may have to you for any and all breaches of these terms and conditions and for the supply of a defective Product will be the purchase price that you have paid for the Product.

You acknowledge that you have exercised your independent judgment in acquiring the Product and have not relied upon any representations made by us which have not been stated expressly in these terms and conditions or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by us.

Governing Law and Jurisdiction

Any and all claims relating to the Products or any services provided by us will be construed in accordance with and will be governed by the laws in force in the Province of Ontario, Canada. You irrevocably submit to and accept the exclusive jurisdiction of any of the Courts of the Province of Ontario or Canada and any courts of appeal from these courts