 Contact Information |
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webmaster@starfishbay.com
Starfish Bay, 11538 Ashley Ct., Inver Grove Heights, MN 55077
Please feel free to use the feedback form below for correspondence.
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 Company History |
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Starfish Bay was founded by Mark Maruska in the late 1990s. We sell and distribute software products and solutions that are created by Mark Maruska. Sales are used to maintain our internet connect, to expand development, and to run this website.
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| Refund Policy |
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Starfish Bay offers a 30-day money back guarantee: If you are not completely satisfied with our product, let us know within 30 days of purchase and we will refund your purchase price. All refund requests must be made by email. Upon receipt of your refund request, we will send you a refund confirmation and agreement. You should receive our refund confirmation agreement email within 48 hours. Return the refund agreement to us by email, we will quickly issue your refund. Please contact us if you have any questions regarding this money-back guarantee.
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| Privacy Statement |
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Starfish Bay respects your right to privacy. We will never sell or redistribute your name or email address to a third party without your express consent.
Starfish Bay collects general information about those who visit our websites for statistics purposes. Starfish Bay does not use "cookies" to track visitors or for any other purposes. Other information is collected in the form of surveys and other forms of feedback including email correspondence.
At our discression, Starfish Bay may use your personal information that we have collected. This includes publicly displaying any survey results, comments, or other forms of feedback to the public. This also includes sending you product notices, newsletters, updates, or any other forms of correspondence.
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| Copyright Notice |
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The text and graphics of the Starfish Bay websites may be used, printed and distributed only if you obtain permission, and if it is used for non-commercial purposes only, and if the copyright information is displayed (Copyright © 2006, Starfish Bay. All rights reserved.), and if the content is not modified.
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| Product Licenses & EULA |
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NOTICE: Before downloading or installing any Starfish Bay products, you must agree with the following End User License Agreement.
END USER LICENSE AGREEMENT
IMPORTANT, READ CAREFULLY: This End User License Agreement ("EULA") is a legal agreement between you, either an individual or a single entity ("LICENSEE"), and Starfish Bay ("STARFISH BAY") for any STARFISH BAY software product, which includes "online" or electronic documentation and may include computer software and associated media and printed materials ("PRODUCT"). By installing, copying, or otherwise using the PRODUCT, you agree to be bound by the terms of this EULA.
If you do not agree to the terms of this EULA you are not authorized to install or use the PRODUCT.
1. LICENSE GRANT. STARFISH BAY grants LICENSEE a non-exclusive and non-transferable license to reproduce and use for personal or internal business purposes the executable code version of the PRODUCT, provided any copy must contain all of the original proprietary notices. This license does not entitle LICENSEE to receive from STARFISH BAY hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the PRODUCT. LICENSEE may not customize or redistribute the PRODUCT. In the event LICENSEE wishes to redistribute or sublicense the PRODUCT, either for profit or otherwise, LICENSEE must first obtain written permission from STARFISH BAY to do so.
2. RESTRICTIONS. Except as otherwise expressly permitted in this EULA, LICENSEE may not: (i) modify or create any derivative works of the PRODUCT or documentation, including translation or localization; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the PRODUCT (except to the extent applicable laws specifically prohibit such restriction); (iii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the PRODUCT; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the PRODUCT; or (v) publish any results of benchmark tests run on the PRODUCT to a third party without STARFISH BAY's prior written consent. Plug-ins and product components provided with or as part of the PRODUCT may be used only with the PRODUCT and not on a standalone basis or with any other product.
3. TERMINATION. Without prejudice to any other rights, STARFISH BAY may terminate this EULA if LICENSEE breaches any of its terms and conditions. Upon termination, LICENSEE shall destroy all copies of the PRODUCT.
4. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property rights in the PRODUCT shall remain in STARFISH BAY and/or its suppliers. LICENSEE acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with STARFISH BAY's or its suppliers' ownership of or rights with respect to the PRODUCT. The PRODUCT is protected by copyright and other intellectual property laws and by international treaties. The PRODUCT is licensed, not sold. LICENSEE agrees, at its expense, to defend and hold STARFISH BAY and its affiliates harmless from any and all costs, damages and reasonable attorneys' fees resulting from any claim that LICENSEE's use of the PRODUCT has injured or otherwise violated any right of any third party or violates any law.
5. DISCLAIMER OF WARRANTY. The PRODUCT is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties that it is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the PRODUCT is borne by LICENSEE. Should the PRODUCT prove defective in any respect, LICENSEE and not STARFISH BAY or its suppliers or resellers assumes the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of this agreement. No use of the PRODUCT is authorized hereunder except under this disclaimer.
6. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event will STARFISH BAY or its suppliers or resellers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the PRODUCT, including, without limitation, damages for loss of goodwill, work stopage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. In any case, STARFISH BAY's entire liability under any provision of this agreement shall not exceed in the aggregate the sum of the fees LICENSEE paid for this license (if any) and fees for support of the PRODUCT received by STARFISH BAY under a separate support agreement (is any), with the exception of death or personal injury caused by the negligence of STARFISH BAY to the extent applicable law prohibits the limitation of damages in such cases. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not be applicable. STARFISH BAY is not responsible for any liability arising out of content provided by LICENSEE or a third party that is accessed through the PRODUCT and/or any material linked through such content.
7. EXPORT CONTROL. LICENSEE agrees to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and not to export or re-export the PRODUCT or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, each party shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own export of the PRODUCT from the U.S.
8. HIGH RISK ACTIVITIES. The PRODUCT is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail- safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the PRODUCT could lead directly to death, personal injury, or severe physical or environmental damage ("HIGH RISK ACTIVITIES"). Accordingly, STARFISH BAY and its suppliers specifically disclaim any express or implied warranty of fitness for HIGH RISK ACTIVITIES. LICENSEE agrees that STARFISH BAY and its suppliers will not be liable for any claims or damages arising from the use of the PRODUCT in such applications.
9. U.S. GOVERNMENT RESTRICTED RIGHTS. The PRODUCT and documentation are provided with Restricted Right. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Starfish Bay/11538 Ashley Ct./Inver Grove Heights, MN 55077.
10. MISCELLANEOUS. (a) This EULA constitutes the entire agreement between the parties concerning the subject matter hereof. (b) This EULA may be amended only by a writing signed by both parties. (c) Except to the extent applicable law, if any, provides otherwise, this EULA shall be governed by the laws of the State of Minnesota, U.S.A., excluding its conflict of law provisions. (d) Unless otherwise agreed in writing, all disputes relating to this EULA (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in Minnesota, with the losing party paying all costs of arbitration. (e) This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (f) If any provision in this EULA should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this EULA if no such modification is possible, and other provisions of this EULA shall remain in full force and effect. (g) A waiver by either party of any term or condition of this EULA or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (h) The provisions of this EULA which require or contemplate performance after the expiration or termination of this EULA shall be enforceable notwithstanding said expiration or termination. (i) LICENSEE may not assign or otherwise transfer by operation of law or otherwise this EULA or any rights or obligations herein except in the case of a merger or the sale of all or substantially all of LICENSEE's assets to another entity. (j) This EULA shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (k) Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. (l) The relationship between STARFISH BAY and LICENSEE is that of independent contractors and neither LICENSEE nor its agents shall have any authority to bind STARFISH BAY in any way. (m) STARFISH BAY may change the terms of this Agreement from time to time. By continuing to use the PRODUCT beyond a period of 30 days after notice of such change has been provided on a public website of STARFISH BAY or its affiliate for the first time, LICENSEE signifies its consent to the revised terms.
Should you have any questions concerning this EULA, or if you desire to contact Starfish Bay for any reason, please send email to webmaster@starfishbay.com, or write to: Starfish Bay/11538 Ashley Ct./Inver Grove Heights, MN 55077.
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