Terms and Conditions of Use

By accessing or using this site you agree to the Terms of Use. ControlEng Corporation reserves the right to change the Terms of Use from time to time at its sole discretion, without notice.

Copyright

All information in this web site is Copyright © ControlEng Corporation. All rights reserved. Except as specifically permitted, no portion of this web site may be distributed or reproduced by any means, or in any form, without ControlEng Corporation's prior written permission.

Use of Software

The software and accompanying documentation that are made available to download from this site are the copyrighted work of ControlEng. Use of the software is governed by the terms of the end user license agreement that accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the software.

Personal Information and Privacy

To learn about how ControlEng protects your personal information, such as your name and address, refer to the online Privacy Policy.

Orders

There shall be no binding agreement between the customer and ControlEng until the customer's order has been accepted by ControlEng. All orders are accepted subject to the availability of goods and to these conditions. No terms or conditions put forward by the customer shall be binding on ControlEng. The customer accepts that these conditions and any specific details stated on its accepted order constitute the entire understanding between parties and supersede any prior promise, representation, undertaking or understanding of any kind.

Prices

Unless otherwise expressly agreed in writing the goods shall be sold and invoiced at ControlEng's current prices at the date of despatch. Catalogues, web site, price lists and other advertising material are provided for illustrative purposes only. Unless otherwise agreed in writing prices do not include delivery and taxes (if any) and such costs shall be payable by and invoiced to the customer. Any typographical clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or document or information produced by ControlEng shall be subject to correction without any liability on the part of ControlEng.

Delivery

All downloadable purchases are made available for a period of 7 days from that date of purchase. The customer shall note any claim for innaccessible downloads within 7 days from the date of purchase. All Goods are deemed delivered and completed if such notice is not received within such period.

Title

ControlEng shall retain full ownership of and title to all goods delivered to the customer or any part thereof unless and until the customer has paid all sums owing to ControlEng. ControlEng transfers no title to or ownership in goods comprising software to the customer or any third party.

Refunds and Returns

We provide full functional Trial versions so customers can properly test our software before buying. That being the case, we are confident you will find excellent value in our products, so much so that we offer a 30-day satisfaction guarantee. If you are not completely satisfied, we will refund your money.

All goods shall be deemed accepted unless rejected by notice in writing (via email, fax or letter) to ControlEng within 30 days of purchase. Any such notice shall give detailed reasons for such rejection. If a license dongle was purchased, it must be returned to ControlEng before a refund will be granted.

If you are not satisfied with our products, please provide the following information with your request:

Limited Warranty

ControlEng warrants that it has the right to license you to use the software it supplies. ControlEng warrants that the software will perform substantially in accordance with the accompanying specification for a period of 90 days from the date of receipt. ControlEng warrants that if the software fails to substantially conform to the accompanying specification and if the non-conformity is reported to ControlEng within the 90 day period, then ControlEng's entire liability and your exclusive remedy shall be the replacement of software. ControlEng makes no warranty, representation, or promise not expressly set forth in this limited warranty and disclaims and excludes any and all implied warranties of merchantability and fitness for purpose. ControlEng does not warrant that the software will meet your requirements or that it is free from defects or errors, or that the operation of the software will be uninterrupted. No waranty is given in respect of demonstration software.

Term

This agreement is effective from the date of purchase of the software and will remain in force until terminated by you destroying all parts of the software or breach of any of the terms contained in this agreement whereupon termination shall be immediate. Upon breach of any of the terms contained in this agreement you will immediately inform ControlEng of the nature and date of the breach and return the software to ControlEng. This agreement shall be governed by and interpreted in accordance with the laws of Canada. Furthermore it is understood that this agreement shall be treated with as though it were executed in Canada, and any action relating to this agreement shall be instituted and prosecuted in the Canadian courts.

Limitation of Liability

ControlEng shall not be liable for any direct, speculative, consequential or incidental losses or any special damages hereunder including damages due to lost profits, loss of use or anticipated loss of use, or the inability to use the software however arising. In no event shall ControlEng's liability for damages exceed the amount paid for the software.

Severability

If any provisions of this agreement are invalid or unenforceable, those provisions shall be construed, limited, or modified to eliminate its invalidity, or unenforceability, and the other provisions of this agreement shall remain unaffected.