1. License Agreement
Products you purchase on this site are licensed, not sold. VFX Wizard srl is willing to provide you a non-exclusive, limited license to use the product(s) according to the following terms and conditions. This License Agreement is entered into by and between VFX Wizard srl and You, the customer or Licensee. This license agreement regulates the terms and conditions under which the Licensee is entitled to use the product data, software, documentation, and additional components known collectively as the Product(s).
1.1 Grant of license Upon your approval of this license agreement, and subsequent payment in full of the amount specified in the invoice, VFX Wizard srl grants you a non-exclusive license to use the product. This license is non-transferable, except for software licenses tied to hardware locks ("dongles"). In this case, transferring the ownership of the hardware lock does also transfer the ownership of the product, except for volume licenses. The complimentary vfxwizard.com account can never be transferred, nor product(s) and authorization(s) can be moved between accounts.
1.2 Installation and usage Downloadable products can be installed on any number of computers, as long as only one copy can be in use at the same time either because tied to an hardware lock, or because an online license server is accessed during use of said product. Downloadable products that do not rely on hardware locks or online authorization are subject to separate license agreements. Non-downloadable content, including videos and real time conferencing services, can only be accessed by the license holder and from one computer at a time. Definition of computer is any device, including tv sets and mobile devices, that can be used to access or use the product(s). Allowing multiple individuals to access online content from a single computer acting as a server, or time sharing device, is expressly prohibited by this license agreement.
1.3 Limitations of use Products are licensed for lawful purposes only. According to European Union's regulations, you are not allowed to copy, modify, redistribute, or reverse engineer the products unless this is a) necessary for their intended use and b) inter-operability informations are not readily available from the publisher. VFX Wizard srl hereby states that inter-operability informations are readily available upon request and within the limits of the intended usage set forth in point 1.2 of this agreement. You are also not allowed to rent, lease, sub-license, or otherwise allow use of the product(s) by other parties.
1.4 Warranties and Liability VFX Wizard srl does not warrant that the product(s) are, or will operate as, error-free, nor does warrant that said product(s) will meet your performance expectations. Product(s) must not be used in any mission critical situation, or where lives of individuals are at a stake, including -but not limited to- hospitals, power plants, airports, military installations. Under no circumstances VFX Wizard srl will be held liable for incidental, direct, collateral or consequential damages, and VFX Wizard srl's responsibility will never exceed the fees paid for the product(s) license(s). This includes, without limitations, damages incurred for loss of earnings, loss of data, privacy and identity theft or misrepresentation, or any other damage that may be related to usage and acquisition of the licensed product(s) even if VFX Wizard srl had been warned about the possibility of said damages.
1.5 Pricing and Payments All prices are in Euro. Price conversion in US Dollars is provided as a convenience only, and is based on European Central Bank reference exchange rate, which is likely to differ from the actual exchange rate PayPal or a bank will charge. Prices can be shown on the site both with and without VAT, final price will always be shown with VAT included, if the customer's country and business status require VAT to be paid. All products shall be paid in advance. Allowed payment methods vary depending on the customer's country, and there may be no payments methods available for some countries. Any special pricing or volume discount does only apply to products purchased together, in a single order, and can only be transferred in whole, if their licensing terms allows transfer.
1.6 Right of withdrawal and refunds According to European Union laws, private customers purchasing products online for their own personal use are granted the right of withdrawal. This right does not apply to audio/visual products, personalized services or software downloads. All products and services provided online by VFX Wizard srl are therefore exempt from the right of withdrawal, all sales are final and no refunds will be given.
1.7 Applicable law You agree that any issue arising from this agreement will be regulated by italian laws, and any judgment will be held in the courts of Rome, Italy.
2. Web Site Terms of Service
2.1 Web Services VFX Wizard srl's service(s) and product(s) purchased online are implicitly bound by these terms of service. Despite the extreme care taken in securing your data and the safety of the web services, VFX Wizard srl disclaims any responsibility for system downtime, data loss and data theft. VFX Wizard srl does rely on third party operators for certain equipment, such as routing, local and remote connectivity, backups and security. Some software and devices used by VFX Wizard srl, including -but not limited to- the payment processing and the security certifications, are not directly owned nor operated by VFX Wizard srl. Vfx Wizard srl is not, therefore, to be held liable for their performance or lack thereof. It is up to you to download and make backup copies of your downloadable product(s) immediately after purchase.
2.2 Termination of Web Services VFX Wizard srl reserves the right to discontinue any or all of the web services, for any reason and without advance notice. Purchase of product(s), unless entirely web based, may provide access to one or more online service(s) as a complimentary benefit but is not by itself part of the purchased product(s). If for any reason an entirely web based service is discontinued, VFX Wizard srl will, at its sole discretion, either provide a refund or an alternative deployment method, such as a download, which will be available for at least three months from the date of said discontinuation.
2.3 Taxes and indemnifications The customer is responsible for payment of any due tax. VFX Wizard srl is a business operating in European Union and is therefore required to collect Value Added Taxes (VAT). Customers purchasing from outside the European Union are not subject to payment of VAT. Private customers inside European Union will be charged VAT at the current italian rate of 20%. Customers who operate a business inside European Union, have a valid VAT ID and are included in the VAT Information Exchange System (V.I.E.S.) database will not pay italian VAT and will instead have to pay VAT in their own country and at their own country's rate according to the Reverse Charge mechanism. In the event VFX Wizard srl discovers the VAT ID used for a VAT exempt purchase is not in the V.I.E.S. database, the customer agrees to pay the missing VAT and to indemnify VFX Wizard srl of any damage or expense this omission may cause. False or fraudulent declarations in order to avoid payment of VAT, including -but not limited to- false addresses, are entirely responsibility of the customer.
2.4 Invoicing According to DLGS 52/2004 VFX Wizard srl has adopted the electronic invoicing process. Invoices will be made available inside the customer's Dashboard, and no hardcopy will be provided. It is up to the client to print out the invoice, if requested to do so by its own country regulations. Pro-forma invoices are generated online in real time, while actual, numbered, invoices are issued and made available in the Dashboard, for at least 90 days, only after payment has cleared.
3.1 Treatment of your data According to European Union's privacy regulations, VFX Wizard srl hereby states that your personal data is treated with manual, mechanical and electronic methods, both inside and outside the European Union. The sole purpose of this treatment is to fulfill your requests and provide you the service(s) you requested. Under no circumstances will VFX Wizard srl sell, rent, lease, or otherwise disclose, your own personal details without your express permission to do so.
3.3 Data Modification At any time you have the right to know what data VFX Wizard srl possesses about you, and to request the modification or the elimination of such data. Fiscal-related data can not be deleted and will be held for at least 5 years. In order to formally request modification or cancellation of your personal data you have to contact VFX Wizard srl in writing by letter or email. As a complimentary benefit you will also be able to access, review and edit your data from your own Dashboard.
La présente convention a été rédigée en anglais à la demande expresse des parties