No Warranty on Information

The features of software change from time to time. It is important for you to backup your software beforehand and to review and test any changes after making them. The information in the products of Active Practice is distributed "as is" without warranty. Although care has been taken in the preparation of the information in the products of Active Practice, neither the author(s) nor publisher shall have liability to any person or entity with respect to any loss or damage caued or alleged to be caused directly or indirectly by the information contained the products of Active Practice.

Limited 30-Day Warranty on Active Products

For the thirty (30) calendar days following the Shipping Date, as defined below, of any Active Product, Active Practice warrants that: a) the Active Product, unless modified by Licensee, will perform substantially the functions, if any, described in the documentation provided by Active Practice except that the information in the Active Product is distributed "as is" without warranty, and b) the media on which the Active Product is furnished will be free from defects in materials and workmanship under normal use.

Shipping Date is defined as (a) the date on which Active Practice or its agent shipped the physical Active Product, or (b) the date that Active Practice or its agent electronically sent the Active Product, or (c) the date that the customer electronically initiated downloading of the Active Product, whichever is earliest.

Licensee's sole remedy under the warranty during this thirty (30) day period is that Active Practice will undertake within a reasonable period of time any or all of the following: a) correct any reported failure of the Active Product to perform substantially the functions described in the documentation (Active Product Problem); b) correct the problem(s) in the documentation; and c) replace any media which prove defective in materials or workmanship on an exchange basis. Corrections will be sent by US Mail or other carrier to the person and address registered with Active Practice without charge.

In order to make a claim under this Warranty, Licensee must return the defective media or provide a brief written description of the Active Product Problem or error in the documentation, together with Licensee's proof of purchase, sent within the 30 day warranty period and delivered via a means that provides proof of delivery, to Active Practice, postage prepaid, such that it is received by Active Practice within ten calendar days after the thirty (30) day warranty period.

If Active Practice is unable to correct the Active Product Problem, correct the documentation, or replace the defective media within a reasonable time, Active Practice will, at its sole and exclusive option, either replace the Active Product with a functionally equivalent Active Product at no charge to Licensee, or refund the purchase price of the Active Product according to the following terms. If Active Practice elects to refund your purchase price, it will send you an RMA number. You may then qualify for a refund in one of two ways: 1) If you received no physical shipment, then send to Active Practice via US Mail, or other carrier, using a method that provides proof of delivery, a written, signed request for a refund together with dated proof of purchase acceptable to Active Practice and the RMA number; 2) If you received a physical shipment, then send (a) dated proof of purchase acceptable to Active Practice, (b) a written, signed request for a refund, (c) the Active Product and (d) the RMA number clearly appearing on the outside of the package using a shipment method that provides for proof of delivery. If you received a physical shipment, include the media, all manuals, materials, and packaging. In either case, you are required to uninstall the Active Product, delete the Active Product from all writable media, and destroy every backup copy of the Activate Product,

These are the sole and exclusive remedies for any breach of Warranty during this thirty (30) day period.

There is no Warranty if there is any evidence of an attempt to remove the Active Product serial number, Licensee name, decompile, reverse engineer, modify, develop derivative products from, or otherwise violate the Active Product License Agreement.

Active Practice does not warrant at any time that the Active Product will meet Licensee's requirements, that operation of the Active Product will be uninterrupted or error-free, or that all Active Product Problems will be corrected.

Active Practice is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems, nor for problems in the interaction of the Active Product with non-Active Practice software.

Active Practice will have no responsibility to replace or refund the purchase price of documentation, materials, or media damaged by accident, abuse, or misapplication.

Active Products are defined as including only those products sold directly to the ultimate consumer by Active Practice LLC and by any authorized Active Practice LLC reseller.
The terms and conditions of this Limited 30-Day Warranty on Active Products may change at any time without notice and are available on the Active Practice website.

Limitation of Remedies

THERE ARE NO OTHER WARRANTIES. ACTIVE PRACTICE DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR SUITABILITY OF USE IN ANY TRADE OR PROFESSION, WITH RESPECT TO THE ACTIVE PRODUCT.

Except as stated herein, in no event shall Active Practice or its suppliers be liable for any damages whatsoever, whether based on contract, tort, warranty or other legal or equitable grounds, including, without limitation, damages for loss of business profits, business interruption, loss of business or professional information, or other pecuniary loss, arising out of the use of or inability to use Active Product(s), even if Active Practice or anyone else has been advised of the possibility of such damages. Because some States do not allow the exclusion or limitation of liability for consequential or incidental damages, the above exclusion may not apply to Licensee. No warranty, including without limitation any implied warranties, is provided beyond the thirty (30) day warranty period. In no case shall Active Practice's liability exceed the original purchase price of the Active Product.