Terms and Conditions

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THIS SOFTWARE AND SUBSCRIBING TO THE SERVICE.

THIS SOFTWARE LICENSE AGREEMENT ("SLA") IS A LEGAL CONTRACT BETWEEN YOU, THE LICENSEE AND 2Dmedia Limited. BY INSTALLING OR USING THE SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, UNINSTALL, AND DO NOT USE THE SOFTWARE OR SERVICE.

The "Software" is the MailOrderWorks Application that connects to a remotely hosted database provided by the service, which may only be used in conjunction with the service.
The "Service" is the remotely hosted database provided with your MailOrderWorks account, which may only be used when the necessary subscription charges have been paid and when you are obeying these terms and conditions.
The Software is Licensed, not sold.
The Software is Copyright © 2005, 2006 2Dmedia Limited. All rights reserved.

2Dmedia Limited continues to own this copy of the Software and all other copies that exist.
You only have the right to use this software according to the terms of this license.
This license gives you the non-exclusive, non-sublicensable, non-transferable right to use the Software on the following terms:

1.
You will receive an account file containing the authentication details for your MailOrderWorks account database.
This account file may be loaded into the software and will allow you to access your remotely hosted database.
It is your responsibility to ensure that only you, or staff within your company with the necessary permission have access to your account file(s), and that only authorised staff have, or know the credentials of a login account.
Any additional users or login account holders of the service and software are bound by this agreement.

2.
You may not Rent, lend, lease, sell, transfer or grant any rights in the Software or Service.

3.
You may make one backup of the software as long as the backup is in the original distribution package that you received the software in and as long as all copyright notices and logos remain intact.

4.
You may not Remove any copyright or other proprietary notices on the Software.

5.
You may not Modify, alter, translate or create derivative works based on the Software, (except as the law may permit you to do so, notwithstanding such restrictions).

6.
You may not Reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, except as the law may permit you to do so, notwithstanding such restrictions, and you acknowledge that the Software in source code form remains a confidential trade secret of 2Dmedia Limited and/or its suppliers.

7.
This software may only be used in conjunction with a valid, current subscription to the MailOrderWorks service. The Service or use of this Software in conjunction with the Service may be withdrawn, suspended, temporally restricted or terminated at any time with no notice given to you.

8.
You are responsible for any costs arising as a result of using the software or service, with particular reference to internet service provider’s charges including internet access, use of bandwidth and connectivity.

9.
The Service provided allows you to store the data required by the Software on 2Dmedia Limited hosting space. This data storage and Service is provided without any guarantee for provision of backup, redundancy, disaster recovery or any form of warranty, whether express or implied of any kind what so ever. It is entirely within the discretion of 2Dmedia Limited that such procedures, including data backup are provided.
You are entirely responsible for making suitable copies of any data stored within the Software or Service, you should keep a paper record of all transactions, orders and product records that are stored using the Service. You may find that the Software provides adequate printable pages that include the data you wish to back up, however where such data is not available in printed form you should keep a record of such data by hand or using suitable third party software to store, then print the data. In the event of any loss or interruption in the ability to use the Software or Service it’s your responsibility to have measures in place to continue operations.
MAILORDERWORKS IS A SUBSCRIPTION BASED SERVICE. IF YOU FAIL TO KEEP SUBSCRIPTION PAYMENTS UP TO DATE ACCESS TO YOUR ACCOUNT, DATABASE AND/OR MAILORDERWORKS SOFTWARE MAY BE REVOKED. FAILURE TO PAY THE SUBSCRIPTION FOR MORE THAN ONE MONTH RUNNING MAY RESULT IN YOUR ACCOUNT DATABASE BEING PERMANENTLY DELETED.

 

Important Privacy Notes:

When you click a web link button or text in MailOrderWorks your company, account, software version and session details (including details about your computer) are sent with your page request. This allows us to keep track of visitors to the website and support area, and provide additional account/version/computer relevant and specific information and assistance for you.

MailOrderWorks uses log files to keep record of actions within the software, including errors and logins. We may collect this data from time to time, without consulting you, for which by using the software you grant permission for us to do this. We may also request that you send us the log file in order to deal with a technical support request or suspected software bug.

Storing Credit/Debit Card Details and other sensitive data in MailOrderWorks:

You MUST NOT store credit or debit card (or any other details that require additional security or privacy measures by law) within MailOrderWorks. The fields on the order form are for temporary use only, and a complete card number or CCV code should NEVER be saved. Be sure to press the CLEAR button prior to saving the order in order to mask out the first 16 digits and security code (CCV). We accept absolutely no liability for the use or misuse of this data and do not warrant that it will be stored securely, the system is NOT designed or intended to store sensitive data.

NO WARRANTY
ANY USE BY YOU OF THE SOFTWARE OR SERVICE IS AT YOUR OWN RISK. THE SOFTWARE AND SERVICE IS PROVIDED FOR USE "AS IS" WITHOUT WARRANTY OF ANY KIND. 2Dmedia Limited DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 2Dmedia Limited IS NOT OBLIGATED TO PROVIDE ANY UPDATES OR UPGRADES TO THE SOFTWARE.

No distributor, dealer or any other entity or person is authorized to expand or alter this warranty or any other provisions of this Agreement. 2Dmedia Limited does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software or Service will be uninterrupted or error-free or free from malicious code. For purposes of this paragraph, "malicious code" means any program code designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record, or transmit data, or in some other fashion usurp the normal operation of the computer, computer system, or computer network, including viruses, Trojan horses, droppers, worms, logic bombs, or any other code that may be deemed threatening.

NO LIABILITY FOR DAMAGES, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL DAMAGES

In no event shall 2Dmedia Limited or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect, special or consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use, misuse or inability to use this Software or Service, even if 2Dmedia Limited has been advised of the possibility of such damages. Because some areas/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the
above limitation may not apply to you. In the case of 2Dmedia Limited being held liable, the total liability shall be limited to $5 USD.

INDEMNIFICATION BY YOU
If you do not abide by this SLA, you will hereby indemnify, hold harmless and defend 2Dmedia Limited from and against any and all claims or lawsuits, including attorney's and costs that arise, result from or are connected with the use, misuse or distribution of the Software or Service in violation of this Agreement.

APPLICABLE LAW.
This SLA is governed by the laws of the United Kingdom.
In respect of any dispute which may arise hereunder, you consent to the jurisdiction of the Magistrates Courts of the United Kingdom. If any section of this SLA is found to be unenforceable, the remaining sections will remain in full effect.

MailOrderWorks uses Plink.
Plink is part of Putty.
The Following Clauses cover the use of Plink and Putty:

PuTTY is copyright 1997-2005 Simon Tatham.

Portions copyright Robert de Bath, Joris van Rantwijk, Delian
Delchev, Andreas Schultz, Jeroen Massar, Wez Furlong, Nicolas Barry,
Justin Bradford, Ben Harris, Malcolm Smith, Markus Kuhn, and
CORE SDI S.A.

Permission is hereby granted, free of charge, to any person
obtaining a copy of this software and associated documentation files
(the "Software"), to deal in the Software without restriction,
including without limitation the rights to use, copy, modify, merge,
publish, distribute, sublicense, and/or sell copies of the Software,
and to permit persons to whom the Software is furnished to do so,
subject to the following conditions:

The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS BE LIABLE
FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF
CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.