TERMS OF USE
§1
COVERAGE OF
GENERAL TERMS OF USE
(1) Stanislav
Orekhov Studio (collectively "Studio"), the seller, offers its
services and products exclusively based on the terms of use laid out in the
following.
General Terms of
Use of the buyer are hereby rejected and will not apply to any purchase from
Studio. Any deviations from the seller’s terms of use will only
be binding if the seller acknowledges them and confirms
those deviations in writing (letter) or electronically.
(2) Information,
data and prices on Internet-pages, in ads, brochures, catalogs and other
publications are non-binding and subject to change.
A contract
between the seller and the buyer is only final with the start of fulfilling the
order (shipment or delivery).
By opening the
original product wrapping (removal of shrink-wrap and/or Studio seal) the buyer
recognizes the license agreement
and the terms of use as stated here. Changes or additions
will only be recognized and are only valid if the seller confirms
them in writing (letter) or electronically.
§2
RETURN OF
PRODUCTS
(1) A refund may be issued if a buyer is not satisfied with the product in 2
weeks after download product.
However, the issuing of refunds is solely
at the discretion of the Studio. Refunds will be issued only after the
buyer has worked with the Studio on the problem. When a refund is issued, the
buyer is responsible for the
immediate deletion of all files using the product and may not distribute the
product.
(2) The buyer
has a return option if the sealed products (shrink-wrap and/or Studio seal) are
unopened with no damage to shrink wrap/seal.
Notice of
non-acceptance and mailed return shipment has to be given to Studio within 2
weeks of order date.
(3) The risk
(damage, loss) of returning the products lies with the buyer. As far as the
delivered goods correspond with product titles ordered,
the buyer will pay for the return shipment. The buyer
will make sure the products are properly and adequately protected during return
shipment.
(4) The return
option does never apply for Digital Media Files (see definition: §5-1)
which are obtained per Download.
(5)
Individualized or personalized licenses of products are generally excluded from
the return option.
§3 CHANGE
OF OWNERSHIP
The seller
remains owner of the products or «Digital Media Files» (see
definition: §5-1)
until complete and final payment of all open receivables
between the seller and the buyer in question.
As long as
complete and final payment has not been made the buyer does not hold a valid
license as described in this document.
This license
only takes effect after complete and final payment.
§4
PROTECTION
OF CUSTOMER DATA
Studio processes
customer data solely for the purpose of order fulfillment and for the
occasional contact with customers through Studio itself.
Service
companies (e.g. banks) which have to be involved in the order regular processing
(e.g. credit card verification)
receive customer data only to the extent necessary for
completion of the order and function in accordance their own End user license
agreement.
Studio will
never pass on or sell customer data to any third parties.
Studio treats
all customer data highly confidential.
§5
LICENSE AGREEMENT
With the removal
of the shrink-wrap and/or the Studio eal of a
physical Studio product (CD-ROM, DVD, or other medium)
or with the download of digital media files (see
§5-1), you (the buyer) recognize the validity of this agreement.
(1) Definitions
Digital Media
Files are any wire files, 3D-models, textures, photographies,
images, collections, packages, archives, materials, scripts, shapes, words,
tutorials and any format which a buyer properly purchases from
Studio, or which a user obtains, directly or indirectly, from Studio.
(2) Granting of
the License
With the proper
purchase and use of the Digital Media File(s) the buyer obtains a non-exclusive
license to use and modify
the Digital Media File(s) according to the conditions
laid out in the following paragraphs.
(3) License
The Digital
Media File(s) can be used license-free (without additional fees), and -except
for below mentioned exceptions- without limitations in:
animations, illustrations/renderings, film/video, TV,
multimedia, commercials, live-performances, Internet, presentations, product-
or print jobs (DVD, computer games, entertainment- and
training videos, music videos, etc.).
The usage
limitations are the following:
No Digital Media
File(s) may be
(a) separately published, marketed, distributed, transferred,
sold or sublicensed in full or in excerpts (any part thereof).
(b) published, marketed, distributed, transferred, sold or
sublicensed as part of a rendering, animation, software application,
data or any other product from which any original Digital
Media File, or any part thereof, or any substantially similar version
of the original Digital Media File can be separately
exported, extracted, or decompiled into any redistributable form or format.
(c) published, marketed, distributed, transferred, sold or
sublicensed as «clip art» or the like, including but not limited
to animations or still images that are sublicensed or
otherwise distributed by a stock photography or stock animation agency,
or in any other manner in which the primary source of
value derived from publishing, marketing, distributing, transferring,
selling or sublicensing the image (or Digital Media File) is
that it is accessible in a manner similar to «clip art».
(4) Single-user
License
The Digital
Media File(s) may only be modified or used in unmodified form, on one computer
at any one time.
You may not rent,
lease, lend, sell or sublicense the Digital Media File(s) to another person,
company or other entity.
Anything you
produce using the Digital Media File(s) must be for your own use, or for the
use of your employer, client or customer,
who must be the end-user of your work.
Please contact
Studio for a multi-user (group) license if you need to use the Digital Media
File(s) over a network for multiple users.
(5) Special
License
Please note that
special licensing is available from Studio in order to obtain additional rights
(beyond the rights outlined above).
(6) Special
Limitations
The Digital
Media File(s) may not under any circumstances
be used in or in conjunction with pornographic,
defamatory, obscene, fraudulent, libelous, infringing, immoral, or illegal
material.
The buyer and/or
user have the sole & full responsibility for all legal consequences of any
such use.
(7) Copyright
All Digital
Media Files are copyright Studio or its licensors and are protected
by
No title or
intellectual property right in the Digital Media File(s) is transferred to the
buyer.
Studio retains
all rights not expressedly granted to the buyer by
this license agreement.
(8) Liability
Studio is not
liable for specific, direct, indirect, consequential, punitive
(fines/penalties), or incidental damages, (incl. but not
limited to damages through the loss of profit, business
interruption, loss of business data, or any other monetary loss) which result
from the successful or failed use of the Digital Media
File(s).
Licensor’s
entire liability and the buyer’s exclusive remedy shall be no more than
the amount paid for the particular Digital Media File(s).
(9) Breach of
Contract
The buyer/user
agrees to indemnify, defend and hold Studio our affiliates, business partners,
officers, directors, employees
and agents harmless from any loss, damages, claim or
liability of any kind arising from
1) the use of the Digital Media File(s) in any form,
2) any breach of the terms and conditions of this agreement, or
3) the buyer’s/user’s negligent act, omission or
willful misconduct.
All license
rights granted pursuant to this agreement shall automatically terminate upon
the breach of this agreement.
(10) Warranty
Studio warrants
The Digital Media File(s) to be free from defects in material and workmanship
for 30 days from delivery.
Your sole and
exclusive remedy for a breach of this warranty is the replacement of The
Digital Media File(s) or applicable media.
Refunding the
purchase price is only an option for Studio.
STUDIO MAKES NO
OTHER WARRANTIES OR REPRESENTATIONS WITH REGARD TO THE DIGITAL MEDIA FILE(S)
AND ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT
ARE HEREBY DISCLAIMED.
(11) Amendments
Studio reserves
the right to amend or change this agreement at any time
without preliminary notify.
(12)
Enforceability
If any part of
this agreement is found void and unenforceable,
it will not affect the validity of the balance of the
agreement, which shall remain valid and enforceable according to its terms.