Returns and Master Agreements

Returns and Master Agreements

Returns Policy

Balance Point Technologies, Inc. (BPT), Return Policy applies to Tool sales only. This Policy does not apply to Professional Services, Customer Support Plans, or to Tools which have been customized or otherwise altered in any form, whether such alteration occurred as a condition of sale or subsequent thereto.

Any BPT Tool may be returned for a credit or refund in the amount equal to the sum paid within 30 days of the issuance of electronic or physical registration keys and/or tool installers. 

All return request must be sent to bptinfo@bptechnologies.com and must include:

• Must be initiated by the Customer and must include, purchase date, and reason for requesting a refund/credit

Upon receipt of the email, Balance Point Technologies, Inc., will send a Return Merchandise Authorization (RMA) form to the requestor for completion in its entirety. The completed form must be returned promptly to BPT for review and confirmation of the following:

• Applicable Tool(s) must be uninstalled at Customer and Customer-related sites
• Registration Keys (electronic and physical) have been removed from all Customer and Customer-related sites, and returned to BPT or otherwise verifiably destroyed to our satisfaction

All Tool returns shall be at the sole discretion of Balance Point Technologies, Inc.

*This policy does not apply to Tool orders processed by ECI MAX

Software License Agreement

BY INSTALLING, COPYING, OR OTHERWISE USING THIS PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

This License Agreement is a legal agreement between you (either an individual or a single business entity) and Balance Point Technologies, Inc. Use of this program and related material (collectively referred to as "program") by installing, copying, or otherwise using indicates your acceptance of these terms and conditions. If you do not agree to these terms and conditions, do not install or use the program.

Ownership: The program is proprietary to Balance Point Technologies, Inc., U.S.A. and is protected by copyright. We retain ownership of the program and accompanying documentation and all rights not specifically granted to you. By accepting this agreement, you do not become the owner of the program but do acquire the right to use the program in accordance with the terms and conditions herein.

You may not:

• Provide or disclose the program to unlicensed third parties.

• Translate, decompile, disassemble, reverse engineer, or create derivative works based on the program.

• Grant sublicenses, leases, or other rights in the program to third parties.

• Transfer your rights in the program to others without our permission.

• Export or re-export the program without the appropriate United States and/or foreign government licenses.

• Maintain more than one active, live, or production installation of the software unless you purchase additional software licenses.

You may:

• Make a reasonable number of backup copies of the program.

• Maintain separate non-productive backup, disaster recovery and testing installations.

• Use the program to process your data or the data of related companies.

• Install the client portion of the program onto an unlimited number of client workstations provided that (1) all client workstations reference a single active, live, or production installation of the program and (2) the number of users accessing the program does not exceed the number of users you have licensed.

Limited Warranty: Balance Point Technologies, Inc. does not warrant the program will meet your requirements or that the operation of the program will be uninterrupted or error-free. The program is provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Limitation on Liability: In no event will Balance Point Technologies, Inc. be liable for damages, consequential or otherwise, arising from your use of the program or any part thereof. You agree that regardless of the form of any claim you may have, the liability of Balance Point Technologies, Inc. will not exceed the price you paid for the program.

Service: A customer service plan that provides version upgrades, program updates, and support can be purchased annually for some of the solutions.

Term: This agreement is effective until terminated. The license granted herein will automatically terminate without further action by Balance Point Technologies, Inc. if you fail to comply with the restrictions as stated herein. You may terminate this agreement by discontinuing use of the program and returning or destroying all copies of the program.

General: This agreement is the entire agreement relating to the program. This agreement will be governed by the laws of the State of Illinois, U.S.A. This agreement may be modified only in writing signed by a duly authorized representative of Balance Point Technologies, Inc.

Custom Development Terms and Conditions

1.             Definitions

                a.             "Deliverable" means any tangible product (including software) written, developed or prepared in whole or in part by Balance Point Technologies for CLIENT under the terms of the Custom Development Agreement to which these Terms and Conditions are attached and incorporated by reference ("the Agreement").

                b.             "Advice" means any technical assistance or know-how communicated to CLIENT by Balance Point Technologies under the terms of this Agreement other than in a Deliverable.

2.             Terms and Conditions

                a.             Warranty; Disclaimer of Duties After Acceptance.  Balance Point Technologies warrants that at the time of its receipt by CLIENT and for a period of thirty (30) days thereafter each Deliverable will substantially conform to the specifications for it in the Agreement.  Balance Point Technologies has no duty to maintain, modify or enhance any Deliverable after acceptance of the Deliverable by CLIENT.

                b.             Acceptance; Sole Remedy.  Each Deliverable shall be deemed accepted by CLIENT unless written notice of non-conformity is received by Balance Point Technologies within thirty (30) days of CLIENT’s receipt of the Deliverable.  In the event of discovery by CLIENT of a non-conforming Deliverable, CLIENT shall allow Balance Point Technologies to cure the defect.  If Balance Point Technologies is unable to cure the non-conformity within a reasonable time, CLIENT is entitled to return the Deliverable and receive a refund of the amount paid for the Deliverable.  THE PRECEDING IS CLIENT’s SOLE REMEDY FOR NON-CONFORMANCE OR BREACH OF WARRANTY.

                c.             Disclaimer of Warranty.  BALANCE POINT TECHNOLOGIES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, NOT SPECIFICALLY STATED HEREIN, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES REGARDING INFRINGEMENTS OF THIRD PARTY RIGHTS, WHETHER ARISING IN LAW, CUSTOM, CONDUCT OR OTHERWISE.

                d.             Limitation of Liability.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, BALANCE POINT TECHNOLOGIES'S LIABILITY TO CLIENT AND CLIENT’S LIABILITY TO BALANCE POINT TECHNOLOGIES SHALL BE LIMITED TO THE AMOUNTS PAID TO BALANCE POINT TECHNOLOGIES AT THE TIME THE CLAIM OF LIABILITY IS ASSERTED.  THIS LIMITATION SHALL NOT APPLY TO LIABILITY FOR PERSONAL INJURY CAUSED SOLELY BY BALANCE POINT TECHNOLOGIES' OR CLIENT’S NEGLIGENCE.  NEITHER PARTY SHALL BE RESPONSIBLE TO THE OTHER FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM MADE AND EVEN IF THE PARTY HAD KNOWLEDGE OF THE POTENTIAL LOSS OR DAMAGE.

                 e.            Rights to Use and Disclose. CLIENT shall have the right to use all Deliverables and Advice in connection with its internal accounting operations but not in connection with or for the benefit of the business of any other party, whether in a service bureau relationship or otherwise.  During the term of this Agreement and thereafter, CLIENT agrees not to disclose to any third party (1) any Deliverable or the information contained therein; (2) any Advice; and (3) the terms of the Agreement.  Nothing in this Agreement shall be construed as assigning to CLIENT or barring Balance Point Technologies from using any ideas, concepts, methods or techniques used by Balance Point Technologies in providing the Deliverables or Advice.

                 f.              Governing Law.  This contract shall be construed and enforced in accordance with the laws of the State of Illinois.  Venue for any cause of action concerning this agreement shall be maintained solely and exclusively in Lake County, Illinois.

                 g.             Force Majeure.  “Force Majeure” shall mean any event or condition not reasonably within the control of either party, which prevents in whole or in material part the performance by one of the parties of its obligations hereunder or which renders the performance of such obligations so difficult or costly as to make such performance commercially unreasonable.  Upon giving notice to the other party, a party affected by an event of Force Majeure shall be released without any liability on its part from the performance of its obligations under this Agreement, except for the obligation to pay any amounts due and owing hereunder, but only to the extent and only for the period that its performance of such obligations is prevented by the event of force Majeure.  The other party may likewise suspend the performance of all or part of its obligations hereunder to the extent that such suspension is commercially reasonable.