Including delivery method and returns
1. The Service
The Moviestorm Marketplace offers downloads of add-on content for the Moviestorm software, as well as digitised versions of audio recordings for use in the Moviestorm software only (Digital Content).
1.1 Delivery of goods is primarily electronic. You will be provided an opportunity to access your purchases immediately and from your account history at any time. To access your purchases, download and install Moviestorm, and login to the Launcher. The Launcher will then manage downloading and installing any content your license provides, as well as any software updates. If you have already installed Moviestorm, just start the software and login again.
1.2 For some purchases you may also order a boxed DVD version, which is provided as a backup of the digital content.
2. Digital Content
2.1 Rights Granted.
You represent, warrant and agree that you will not redistribute the Digital Content or other use restricted in this Section 2.2. You acknowledge that the Digital Content embodies the intellectual property of a third party and is protected by law.
2.3 Explicit Content.
You agree that we have no liability to you for Digital Content you find to be offensive, indecent or objectionable.
2.4 All Sales Final; Cancellations; Downloading and Risk of Loss; Availability of Digital Content.
All sales of Digital Content are final. We do not accept returns of cancellations of sales of Digital Content. Once you have purchased Digital Content, we encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download after having reviewed our online help resources, please contact moviestorm.co.uk customer service. You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, remove Digital Content from the Service without notice.
2.5 The boxed DVD version of the software is provided as a backup for the digital content, and is governed by the policies in this section.
2.6 All shipping and handling expenses for our boxed DVD are non-refundable.
We may make available to you, from time to time, software for your use in connection with the Service (any and all such software, individually and collectively, the “Software”).
3.2 Use of the Software.
You may use the Software only in connection with the Service. You may not separate any individual component of the Software for use other than in connection with the Service, may not incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. We may discontinue some or all of any Software we provide, and we may terminate your right to use any Software at any time and in such event may modify it to make it inoperable.
3.3 No Reverse Engineering, Decompilation, or Disassembly; Updates.
You may not, and you will not encourage, assist or authorise any other person to, modify, reverse engineer, decompile or disassemble the Software, whether in whole or in part, or create any derivative works from or of the Software. We may offer updates of the Software, from time to time, for feature enhancement, security or other purposes. We will not automatically update the Software, unless you authorise us to do so.
4. Reservation of rights
Except for the rights explicitly granted to you in this Agreement, all right, title and interest in the Service, the Software and the Digital Content are reserved and retained by us and our licensors. You do not acquire any ownership rights in the Software or Digital Content as a result of downloading Software or Digital Content.
5.1 Termination, Amendments
Your rights under this Agreement will automatically terminate without notice from us if you fail to comply with any of its terms. In case of such termination, you must cease all use of the Software and Digital Content, and we may immediately revoke your access to the Service without notice to you and without refund of any fees. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights. We may amend any of this Agreement’s terms at our sole discretion by posting the revised terms on the Service’s website. Your continued use of the Service, the Software or the Digital Content after any such amendment’s effective date evidences your agreement to be bound by it.
5.2 Third Party Beneficiaries.
5.3 Law and Jurisdiction.
This Agreement will be interpreted and enforced in accordance with the laws of the United Kingdom. The application of any conflict of laws rules and the Convention on Contracts for the International Sale of Goods are excluded from this Agreement.
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