§1 COVERAGE OF GENERAL TERMS OF USE
(1) Tripray (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 Tripray.
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 Tripray seal) the buyer recognizes the licence 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) The buyer has a return option if the sealed products (shrink-wrap and/or Tripray seal) are unopened with no damage to shrink wrap/seal.
Notice of non-acceptance and mailed return shipment has to be given to Tripray within 2 weeks of order date.
(2) 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.
(3) The return option does never apply for Digital Media Files (see definition: §5-1) which are obtained per Download.
(4) Individualized or personalized licences 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 licence as described in this document.
This licence only takes effect after complete and final payment.
§4 PROTECTION OF CUSTOMER DATA
Tripray processes customer data solely for the purpose of order fulfillment and for the occasional contact with customers through Tripray 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 licence agreement.
Tripray will never pass on or sell customer data to any third parties.
Tripray treats all customer data highly confidential.
§5 LICENCE AGREEMENT
With the removal of the shrink-wrap and/or the Tripray eal of a physical Tripray 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 Tripray, or which a user obtains, directly or indirectly, from Tripray.
(2) Granting of the Licence
With the proper purchase and use of the Digital Media File(s) the buyer obtains a non-exclusive licence to use and modify
the Digital Media File(s) according to the conditions laid out in the following paragraphs.
(3) Licence
The Digital Media File(s) can be used licence-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 sublicenced in full or in excerpts (any part thereof).
(b) published, marketed, distributed, transferred, sold or sublicenced 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 sublicenced as «clip art» or the like, including but not limited
to animations or still images that are sublicenced 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 Licence
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 sublicence 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 Tripray for a multi-user (group) licence if you need to use the Digital Media File(s) over a network for multiple users.
(5) Special Licence
Please note that special licensing is available from Tripray 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 Tripray or its licensors and are protected
by Russian Federation copyright laws, international treaty provisions and other applicable laws.
No title or intellectual property right in the Digital Media File(s) is transferred to the buyer.
Tripray retains all rights not expressedly granted to the buyer by this licence agreement.
(8) Liability
Tripray 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 Tripray 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 licence rights granted pursuant to this agreement shall automatically terminate upon the breach of this agreement.
(10) Warranty
Tripray 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 Tripray.
TRIPRAY 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
Tripray 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.
