AsileFX Collections, Tutorials, Content, Gifts, Tuition, Enrollment, Training Materials
7712 32nd AVE
Kenosha, WI 53142 US
November 9, 2008
(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 a written order confirmation through the seller (e-mail sufficient), or with the start of fulfilling the order (shipment or delivery).
Changes or additions will only be recognized and are only valid if the seller confirms them in writing (letter) or electronically.
§2 Prices and Payment Terms
(1) Depending on the chosen shipping method the purchase price has to be paid in advance or COD. The COD option and payment with check are at the discretion of the AsileFX sales personnel, and can be denied if deemed necessary.
If the buyer defaults on the due payment the seller is entitled to halt and deny all deliveries, from this or other orders by the same buyer.
(2) Binding delivery dates will only be valid after written (incl. email) request by buyer & confirmation by seller.
The delivery time can be extended due to work stoppage (e.g. strike), official regulations (e.g. import/export restrictions) or other events beyond the control of AsileFX.
After setting an appropriate extension deadline, the buyer has the right to cancel the order if the seller still does not bring about delivery of the ordered products. Further claims cannot be brought against the seller unless bad intent or gross negligence on part of the seller are proven.
(3) Regularly all AsileFX products/training/courses/gifts are available for immediate shipment. Should one or more of the ordered product/gift/course/training not be available for immediate shipment, or if the product (s)/gift (s)/course (s)/training have been discontinued, then the buyer will be informed about this without undue delay.
(4) Quotes for shipping cost for delivery in any other country can be obtained from our US office, and are also stated in the AsileFX shopping cart on our web site at www.asilefx.net.
(5) Current prices can be obtained from our web site. With the release of a new price list all previously published price lists are invalid.
(6) Import Duties: Import fees/duties are not added to any international orders/subscriptions/tuition costs/gifts, Any import fees/duties incurred are the sole responsibility of the customer/student. AsileFX will not be held liable for any unpaid import fees/duties issued by any effective government institution.
§3 Return of products/training materials/gifts/tuition costs
(1) The buyer has a return option if the sealed products/training materials/gifts (shrink-wrap and/or AsileFX seal) are unopened with no damage to shrink wrap/seal. Notice of non-acceptance and mailed return shipment has to be given to AsileFX within 2 weeks of order date.
(2) The risk (damage, loss) of returning the products/training materials/gifts 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 will never apply to Digital Media Files (see definition: §8-1) which are obtained per Download or per Electronic Software Delivery (ESD).
(4) Individualized or personalized licenses or products are generally excluded from the return option.
(5) If the DVD/CD Disc is not compatible with your computer, operating system, or any other components connected to your computer, we are not held liable nor held responsible. We have tested our DVD's/CDs on many systems and have found them highly compatible with both Mac OS and Windows OS, and on many types of DVD/CD drives, but if it is not compatible the product is non-returnable or refundable. Although if you contact AsileFX will do our best to get the product(s) working on your system.
(6) If the Disc arrives damaged, corrupted, or blank, a replacement will be sent free of charge. Damaged (or like) products do not need to be returned to AsileFX, unless a request by AsileFX is made to do so.
§4 Change of Ownership
The seller remains owner of the products/training materials/gifts or “Digital Media Files“ (see definition: §8-1) 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.
§5 Computer Graphics Training Enrollment
All tutorial products are for educational and training use, by purchasing an AsileFX tutorial you are paying tuition for Computer Graphics training. The delivery of the training material (DVD-ROM, CD-ROM) is a gift as part of your tuition. The tuition allows you to seek private training from an AsileFX employee/instructor pertaining to the type of training you have enrolled yourself in, your private training will only cover/teach/instruct any specific topics covered on the DVD/CD-ROM. By selecting a DVD/CD-ROM product, you have chosen your desired course of enrollment. You may at any time add more courses and instruction to your enrollment by selecting more DVD/CD-ROM products.
§6 Protection of Customer/Student Data
AsileFX processes customer data solely for the purpose of order fulfillment and for the occasional contact with customers/students through AsileFX itself. Service companies (e.g. banks) which have to be involved in the order regular processing (e.g. credit card verification) receive customer/student data only to the extent necessary for completion of the order.
AsileFX will never pass on or sell customer/student data to any third parties. AsileFX treats all customer/student data highly confidential.
§7 Electronic Software Delivery (ESD)
If the buyer purchases the product or the “Digital Media Files“ through Electronic Software Delivery (ESD) the seller will make the product or ”Digital Media File” (see definition: §8-1) available for download from its server (copy).
§8 License Agreement
With purchase, the removal of the "shrink-wrap" of a physical AsileFX product (CD-ROM, CD-R, DVD, or other medium), or with the download of digital media files (for definition see §8-1), you (the buyer/student) recognize the validity of this agreement.
If a buyer enters this agreement in the name/in place of the employer then the coverage of this agreement will extend to both the employee and the employer. If the employment is terminated then the employer can continue to use the product with all the inherent rights and obligations laid out in this agreement.
Digital Media Files are any textures, 3D-models, images, animations, movie-clips, videos, programs, audio-files or other audio/visual digital representations recorded in any format which a buyer/student properly purchases from AsileFX, or which a user/student obtains, directly or indirectly, from AsileFX.
(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.
The Digital Media File(s) can be used license-free. AsileFX texture/content products can be used without limitations in: animations, illustrations/renderings, film/video, TV, multimedia, commercials, live-performances, Internet, presentations, product- or print jobs (DVD, computer games, entertainment, 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) User License
The Digital Media File(s) may be modified or used in unmodified form on any computer owned by the License Purchaser (Buyer, receiver). 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.
(5) Special License
Please note that special licensing is available from AsileFX 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, military, or illegal material.
The buyer and/or user have the sole & full responsibility for all legal consequences of any such use.
All Digital Media Files are copyright AsileFX or its licensors and are protected by US 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. AsileFX retains all rights not expressively granted to the buyer by this license agreement.
AsileFX 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/student agrees to indemnify, defend and hold AsileFX 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.
AsileFX warrants The Digital Media File(s) to be free from defects in material and workmanship for 90 days from delivery, with exception to the terms in §3-5. 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/ tuition cost is only an option for AsileFX.
ASILEFX 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.
AsileFX reserves the right to amend or change this agreement at any time.
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.
This Agreement will be governed by the laws in force in Wisconsin, US. The buyer will bring any legal action to court in Wisconsin.
Address: 7712 32nd AVE Kenosha, WI 53142
President: Nicholas J. Pellegrino