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BY USING ANY TOMMYVIDEO/@VOYTEK PRODUCT ("Digital Media Files"), WHETHER VIA
DOWNLOAD, ON CD ROM, DVD OR OTHER MEDIA, YOU AGREE TO BE BOUND BY THE TERMS
OF THIS AGREEMENT.
IF YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE
GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR
EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU
CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER
THIS AGREEMENT.
Definitions
Digital Media Files are any textures, 3D-models, images, animations,
movie-clips, videos, audio-files or other audio/visual representations
recorded in any format that are controlled by or obtained, directly or
indirectly, from Tommyvideo/@Voytek.
Grant Of License
Upon use of the Tommyvideo Backs, you are granted a non-exclusive,
non-transferable license to use and modify the Tommyvideo Backs subject to
the following terms and conditions:
License
The Tommyvideo Backs may be incorporated into a derivative work such as a
animation, rendering, illustration, film, video, broadcast, multimedia,
advertisement, live performance, internet, presentation, product (DVDs, Home
Videos, Music Videos, Computer Games, Training Videos, etc.) or print
project without any limitation - and without any additional license fees.
But you may not in any case:
(a) separately publish, market, distribute, transfer, sell or sublicense any
of the original Digital Media Files or any part thereof;
(b) publish, market, distribute, transfer, sell or sublicense renderings,
animations, software applications, 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,
or
(c) publish, market, distribute, transfer, sell or sublicense any image
created from a Digital Media File 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."
Single Use License
The Tommyvideo Backs 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 Tommyvideo Backs to another person, company or other entity. Anything
you produce using the Tommyvideo Backs 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 Tommyvideo/@Voytek for a multi-seat site license if you need
to use the Tommyvideo Backs over a network for multiple users.
Custom License
Please note that special licensing is available from Tommyvideo/@Voytek in
order to obtain additional rights.
Special Limitations
The Tommyvideo Backs may not under any circumstances be used in or in
conjunction with pornographic, defamatory, obscene, fraudulent, libellous,
infringing, immoral, or illegal material.
Copyright
All Digital Media Files are copyright Tommyvideo/@Voytek or its licensors
and are protected by German copyright laws, international treaty provisions
and other applicable laws. No title or intellectual property rights in the
Tommyvideo Backs is transferred to you.
Tommyvideo/@Voytek retains all rights not expressly granted to the buyer by
this license agreement.
Liability
Tommyvideo/@Voytek will not be liable to you for any special, indirect,
consequential, punitive, or incidental damages (including, without
limitation, damages for loss of business profits, business interruption,
loss of business information, or any other pecuniary loss) arising out of
the use of or inability to use the Tommyvideo Backs.
LICENSOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE no more than
the amount paid for the particular Tommyvideo Backs.
Breach of Agreement
You agree to indemnify and hold Tommyvideo/@Voytek harmless from and against
any damages or liability of any kind arising from your use of the Tommyvideo
Backs in any form, any breach of the terms and conditions of this agreement,
or your negligent act, omission or wilful misconduct. All license rights
granted pursuant to this agreement shall automatically terminate upon your
breach of this agreement.
Warranty
Tommyvideo/@Voytek warrants The Tommyvideo Backs to be free from defects in
material and workmanship for 90 days from delivery. Your sole and exclusive
remedy for a breach of this warranty is the replacement of The Tommyvideo
Backs, applicable media or a refund of the purchase price, at the option of
Tommyvideo/@Voytek.
TOMMYVIDEO/@VOYTEK MAKES NO OTHER WARRANTIES OR REPRESENTATIONS WITH REGARD
TO THE TOMMYVIDEO BACKS AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON INFRINGEMENT ARE HEREBY
DISCLAIMED.
Amendments
Tommyvideo/@Voytek reserves the right to amend this agreement at any time.
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.
Customs Information
When ordering goods from @Voytek/Tommyvideo for delivery overseas, you may
be subject to import duties and taxes which are levied once the package
reaches your country. Any additional charges for customs clearance must be
borne by you; we have no control over these charges and cannot predict what
they may be. Customs policies vary widely from country to country, so you
should contact your local customs office for further information.
Additionally, please note that when ordering from Amazon.co.uk, you are
considered the importer of record and must comply with all laws and
regulations of the country in which you are receiving the goods.
Disclaimer
TO THE FULLEST EXTENT PERMITTED AT LAW, @VOYTEK/ TOMMYVIDEO IS PROVIDING
THIS WEB SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO (AND
EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, WITH RESPECT TO THIS WEB SITE OR THE INFORMATION, CONTENT,
MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN
ADDITION, @VOYTEK /TOMMYVIDEO DOES NOT REPRESENT OR WARRANT THAT THE
INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT.
Price and availability information is subject to change without notice.
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