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Your use of this website means you agree to
the following terms of use (the "Terms of Use"). If you do not
agree with these terms you should leave this website (the
"Site") immediately, not use the files herein, and/or not
subscribe to this service.
This Site is owned and operated by COLLISION ENGINEERING
ASSOCIATES, INC., (hereafter collectively, "COLLISION
ENGINEERING")
Any Content downloaded by you from this Site, including,
without limitation, any files, images incorporated in or
generated by the software, and data accompanying the software
(collectively, the "Content") is licensed to you by COLLISION
ENGINEERING. Downloading the Content does not transfer title
to the Content, or any intellectual property rights therein,
to you. You may not redistribute or sell the content.
This Site contains copyrighted animations, photographs,
images, videos, footage, and text (collectively the
"Content") which is owned by COLLISION ENGINEERING. It is
illegal to duplicate, download or distribute any Content from
this Site except for your use, and you are subject to the
Usage Guidelines. You may not use photos or images of people
or identifiable entities in any manner that suggests the
endorsement or association of any product or service or in
connection with any pornographic or immoral materials.
If you believe that content appearing on the Site constitutes
copyright infringement of another party's rights, please
contact COLLISION ENGINEERING immediately.
The design or layout of any website owned, operated, licensed,
or controlled by or associated with COLLISION ENGINEERING, is
protected by United States and International law and other
intellectual property proprietary rights and may not be copied
or imitated in whole or in part.
COLLISION ENGINEERING MAKES NO REPRESENTATION OR WARRANTY WITH
RESPECT TO ANY PRODUCT OR THE RELATED DOCUMENTATION AND TO THE
EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS DELIVERED
"AS IS." THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY,
CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND SUCH WARRANTY
CONSTITUTES THE ONLY WARRANTY MADE BY COLLISION ENGINEERING.
WITH RESPECT TO THE SITE, CONTENT, AND SOFTWARE.
COLLISION ENGINEERING DOES NOT WARRANT THAT THE CONTENT OR
FUNCTIONS CONTAINED IN THE SITE WILL BE FREE FROM ERRORS,
INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING
ELEMENTS, OR THAT COLLISION ENGINEERING WILL CORRECT ANY
ERRORS, OMISSIONS, OR DEFECTS. YOU ASSUME THE COST OF SERVICE,
REPAIRS, OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE, OR OTHER
EQUIPMENT.
IN NO EVENT WILL COLLISION ENGINEERING OR ANY OF ITS
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS,
SUPPLIERS, OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OR INABILITY TO USE THESE VIDEOS, EVEN
IF COLLISION ENGINEERING HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF COLLISION
ENGINEERING OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE,
OR PURCHASING OR DOWNLOADING PRODUCTS FROM THIS SITE. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
PRODUCT AVAILABILITY
Products, services, and programs in this publication may not
be available in your country. References to any product,
service, or program do not imply that COLLISION ENGINEERING
intends to make available such products, services, or programs
in your country.
LINKS TO THIRD PARTY SITES.
COLLISION ENGINEERING PROVIDES LINKS TO THIRD-PARTY SITES AS A
CONVENIENCE TO YOU. COLLISION ENGINEERING DOES NOT CONTROL
THIRD PARTY SITES OR LINKS TO THIRD PARTY SITES. COLLISION
ENGINEERING IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED
SITES. LINKS TO THIRD-PARTY SITES ARE NOT ENDORSEMENTS BY
COLLISION ENGINEERING OF SUCH SITES.
OTHER LEGAL INFORMATION
These Terms of Use shall be governed by and construed in
accordance with the laws of Arizona, U.S.A. These Terms of Use
contain the entire understanding of the parties hereto
relating to the use of this Site and supersedes any prior
written or oral agreement or understandings between the
parties with respect to this Site, and cannot be changed or
terminated orally. The invalidity or unenforceability of any
provision of these Terms of Use will not affect the validity
or enforceability of any other provision of these Terms of
Use. COLLISION ENGINEERING reserves the right to terminate
these Terms of Use without notice if, in COLLISION ENGINEERING
sole discretion, you fail to comply with any of these Terms of
Use. Upon termination, you must destroy all materials obtained
from this site, copies, and related documentation thereof. In
addition, COLLISION ENGINEERING reserves the right to
terminate this site without notice.
DiscoverHVE.COM is the exclusive trademark of COLLISION
ENGINEERING. All product names are either trademarks or
registered trademarks of COLLISION ENGINEERING, or its
affiliates or licensors. All rights reserved. Microsoft,
Windows, and the Windows logo are registered trademarks of the
Microsoft Corporation. Macintosh, Apple, and the Macintosh
logo are registered trademarks of Apple Computer, Inc. HVE
and the HVE logo are registered trademarks of Engineering
Dynamics Corp.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
Licensing
COLLISION ENGINEERING ROYALTY-FREE LICENSE AGREEMENT
THIS IS A LEGAL AGREEMENT BETWEEN YOU, YOUR COMPANY, YOUR
EMPLOYER AND/OR YOUR CLIENT (in the case you are an agent
acting for a single client), AS THE CASE MAY BE (COLLECTIVELY
"YOU), AND COLLISION ENGINEERING ASSOCIATES, INC. "COLLISION
ENGINEERING " WHEN USED HEREIN SHALL MEAN COLLISION
ENGINEERING ASSOCIATES, INC. THIS LICENSE AGREEMENT APPLIES,
WITHOUT LIMITATION, TO THE WEBSITES CURRENTLY LOCATED AT:
DISCOVERHVE.COM
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR
ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION TO YOUR
ACCESS TO AND USE OF ANY IMAGE(S). DOWNLOADING AND/OR USING
ANY IMAGE(S) FROM DISCOVERHVE.COM OR COLLISION ENGINEERING
CONFIRMS YOUR ACCEPTANCE OF THESE TERMS AND FORMS A LEGAL
CONTRACT BETWEEN YOU AND COLLISION ENGINEERING. COLLISION
ENGINEERING reserves the right to change any of the terms of
this Agreement at any time, and you agree to be bound by such
changes. If you do not agree to the following terms, as may be
amended, do not download or use any Image(s).
1.
LICENSE
A.
Definitions:
"Image(s)" shall mean animations, composites, digital footage,
digital video, film footage, fonts, graphics, illustrations,
images, motion sequences, photographs or any other visual
representation regardless of whether the Image(s) are obtained
via download from DiscoverHVE or any COLLISION ENGINEERING Web
site, delivered via any storage media (CD, DVD, disk, etc.)
that is now known or may become known in the future, or
obtained from a COLLISION ENGINEERING’ authorized distributor,
together with all accompanying metadata and other material.
"Storage Media" shall mean CD-ROM, digital video disc (DVD),
floppy disk, or any other storage device or media now known,
or hereafter created.
"User" shall mean the individual, legal entity or agent entering
into this license agreement or any employee or contractor of
such individual, legal entity or agent that edits, manipulates
or modifies the Images or are otherwise directly involved in
the creative process including, but not limited to, photo
editors, photo researchers, photographers, art directors or
designers. All Users shall only use the Images in accordance
with the terms of this Agreement.
"You" shall mean a single: (i) individual, (ii) legal entity
(corporation, partnership, LLC, sole proprietorship, etc.), or
(iii) agent acting on behalf of a single individual or entity.
B.
Copyright:
The Image(s) are copyrighted and protected under the various laws
of the United States, International treaties and other
applicable laws. The Image(s) shall remain the sole and
exclusive property of COLLISION ENGINEERING. Use of the Images
is licensed, not sold, pursuant to the terms of this License
Agreement. Use of the Images without agreeing to this License
Agreement, or a breach of these License Agreement terms, is
copyright infringement.
C.
Grant:
I.
Paid License or subscription.
a.
COLLISION ENGINEERING grants you a non-exclusive and
non-transferable license to use the Image(s) only as provided
in this License Agreement.
b.
This License Agreement, and your right to use the Image(s) shall
immediately, and automatically, terminate upon the termination
of the term of your subscription provided, however, that after
your subscription term you may continue to use any Image(s)
incorporated into a product or service during the subscription
term in the same product or service in accordance with the
terms of this Agreement.
D.
Number of Users (defined above):
I.
FOR IMAGES ACQUIRED BY SUBSCRIPTION.
YOU ARE GRANTED A ONE (1) USER SEAT LICENSE. ONLY ONE USER MAY
ACCESS THE SUBSCRIPTION WEB SITE, OR USE IMAGES, AS
APPLICABLE. YOU MAY NOT DESIGNATE ONE (1) USER TO ACCESS THE
SUBSCRIPTION WEB SITE IF MORE THAN ONE (1) USER WILL USE THE
IMAGES. IN SUCH CASES, PLEASE CONTACT YOUR SALES
REPRESENTATIVE AS YOU WILL REQUIRE A MULTIPLE SEAT LICENSE.
E.
Permitted Uses. You may, subject to Section 1(F) below:
I.
Back up, and store, single Image(s) as necessary on a single
server for archival, tracking or asset management purposes
only. Any copy or archive you make must include copyright
notice pursuant to Section 1(G)(III).
II.
Use the Image(s) for any other uses approved in writing by
COLLISION ENGINEERING.
F.
Prohibited Uses: You may NOT:
I.
Sublicense, distribute, transfer or assign the Image(s) or rights
to the Image(s).
II.
Reverse engineer, decompile, translate, or disassemble any part
of the Image(s).
III.
Copy or reproduce the Image(s), except as specifically provided
for in Section 1(E).
IV.
Remove any copyright, trademark or watermark from any place where
it appears on the Image(s).
V.
Display the Image(s) in any digital format or for any digital use
at a resolution greater than 72 dpi, except in editorial or
preliminary design work. Doing so will be viewed as an attempt
to distribute the Image(s) in violation of this Agreement.
VI.
Use the Image(s), or any part of the Image(s), as part of a
trademark, service mark, or logo. COLLISION ENGINEERING or its
licensors retain the full rights to the Image(s), and
therefore you cannot establish your own rights.
VII.
Use the Image(s) to compete with COLLISION ENGINEERING.
VIII.
Use the Image(s) in a product or service whereby the Image(s) can
be used apart from a product or service.
IX.
Use the Images(s) in any downloadable format intended for
multiple distribution including, without limitation,
templates, Web site templates, software products, e-greetings,
etc.
X.
Use the Image(s) in any way that could be considered defamatory,
pornographic, libelous, immoral, obscene or fraudulent, or
illegal, either by making physical changes to it, in the
juxtaposition to accompanying text or images, or otherwise.
XI.
Without advance written consent from COLLISION ENGINEERING and
any model in such Image(s), use Image(s) that include people
as part of any sensitive subject matters, as determined by
COLLISION ENGINEERING, see Website FAQs for examples.
Sensitive subject use pertains to both commercial and
editorial uses. Availability of model releases does not grant
the right to use Image(s) in any sensitive subject matters.
XII.
Use the Image(s) beyond any limitations or restrictions noted on
a DiscoverHVE Website.
XIII.
Stockpile, download, or otherwise store Images not used during
the subscription term for future use.
G.
Additional Terms
I.
COLLISION ENGINEERING reserves the right to (i) not permit use of
any Image(s) for any reason whatsoever; and (ii) notify you
that certain Image(s) are no longer available for use. Upon
such notification, the license to use such Image(s) shall
automatically and immediately terminate.
II.
All other rights not expressly granted to you are reserved solely
for COLLISION ENGINEERING.
III.
COLLISION ENGINEERING requests the copyright notice "© [insert
current year] DiscoverHVE.com" appear adjacent to the Image(s)
or on a credit page.
IV.
COLLISION ENGINEERING reserves the right to replace Image(s) with
an alternative Image for any reason. Upon notice of such
replacement, the license for the replaced Image(s)
immediately, and automatically, terminates for any use of the
Image(s) that does not already exist, and this License
Agreement shall automatically apply to any replacement
Image(s). You agree not to use any replaced Image(s) with
future products or services and you shall take all reasonable
steps to discontinue use of the replaced Image(s) in existing
products or services.
2.
PAYMENT TERMS
You agree to pay all subscription fees and no rights are granted
under this Agreement until all payments are made in full. A
service charge of two percent (2%) per month, or the amount
allowed by law, will be charged on any unpaid balance. Any
claims for adjustments must be made to COLLISION ENGINEERING
within five (5) days of billing. You shall be liable for all
past due amounts, interest and costs of collection, including
attorneys’ fees. Refunds are governed by the terms of the
individual service used. Please see Section 11 below for terms
applicable to refunds in the event of cancellation.
3.
TERMINATION
A.
This License Agreement is effective until it is terminated.
I.
This License Agreement will terminate automatically, without
notice from COLLISION ENGINEERING, if you fail to comply with
any provision of this License Agreement.
II.
You can terminate this Agreement by destroying the Image(s),
along with any copies or archives, any CD-ROM or accompanying
materials (if applicable), and ceasing all use of the Image(s)
for any purpose. Such termination may not effect payment
obligations.
III.
COLLISION ENGINEERING may, in its sole discretion: (i) monitor,
as frequently as COLLISION ENGINEERING determines, anything
you download from our Web sites, (ii) limit downloads to a
fixed amount of downloads per 24 hour period so as to insure
the best possible service to all subscribers to our Web sites,
(iii) track any abuse of your username and password, (iv)
suspend or terminate your account, without notice, if
COLLISION ENGINEERING believes there is a violation of this
Agreement, the website terms and/or any abuse of your username
and password.
IV.
Upon termination of this Agreement, you agree to (i) destroy all
copies and archives of the Image(s), (ii) cease using the
Image(s) for any purpose, and (iii) confirm to COLLISION
ENGINEERING in writing that you have complied with these
requirements.
4.
LIABILITY
A.
COLLISION ENGINEERING represent and warrants that:
I.
it has the right to enter into this Agreement and to grant the
rights hereunder;
II.
the Image(s) or other Storage Media (if applicable) will be free
from defects in materials and workmanship under normal use for
a period of 30 days from the date of license; and
III.
the Image(s) as provided hereunder, and used as permitted herein,
will not infringe any copyright, trademark, moral right, right
of privacy or any other intellectual property right of any
third party.
B.
DISCLAIMER OF WARRANTY. EXCEPT AS PROVIDED IN SECTION 4(A) ABOVE,
THE IMAGE(S), STORAGE MEDIA AND ACCOMPANYING MATERIALS (IF
APPLICABLE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE. COLLISION ENGINEERING MAKES NO WARRANTIES
FOR ANY IMAGES THAT HAVE BEEN MODIFIED OR ALTERED BY YOU AND
YOU SHALL BE SOLELY RESPONSIBLE FOR ANY CLAIMS RELATING TO OR
ARISING OUT OF YOUR MODIFICATION AND USE OF THE IMAGES.
COLLISION ENGINEERING GRANTS NO RIGHTS OR WARRANTIES WITH
RESPECT TO THE USE OF NAMES, TRADEMARKS, LOGO TYPES,
COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED
IN ANY IMAGE, AND THE USER MUST SATISFY ITSELF THAT ALL
NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS AS MAY BE REQUIRED
ARE OBTAINED. COLLISION ENGINEERING DOES NOT WARRANT THAT THE
IMAGE(S), WEB SITES OR OTHER MATERIALS, WILL MEET YOUR
REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE.
THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE
IMAGE(S) IS SOLELY WITH YOU. YOU UNDERSTAND THAT YOU SHOULD
SEEK COMPETENT COUNSEL BEFORE USING IMAGES ON OR IN CONNECTION
WITH ANY GOODS OR SERVICES OR FOR ANY OTHER COMMERCIAL
PURPOSES. COLLISION ENGINEERING SHALL NOT BE LIABLE TO YOU OR
TO ANY OTHER ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL,
INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS
OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE
OF THE IMAGE(S), COLLISION ENGINEERING's BREACH OF THIS
AGREEMENT OR OTHERWISE, EVEN IF COLLISION ENGINEERING HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES.
IN NO EVENT, SHALL COLLISION ENGINEERING's TOTAL AGGREGATE
LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU,
ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY
TO USE THE IMAGE(S) (WHETHER IN CONTRACT, TORT OR OTHERWISE)
EXCEED TEN (10) TIMES THE MONETARY AMOUNT ACTUALLY RECEIVED BY
COLLISION ENGINEERING FOR YOUR USE OF THE APPLICABLE IMAGE(S).
C.
You represent, warrant and covenant that:
I.
You are at least eighteen years of age and have the full right
and authority to enter into this License on behalf of you
and/or your company, employer or principal;
II.
You do not reside in any country to which export of US products
are prohibited or restricted and you may not ship, transfer or
export any of the Images into any country or use any of the
Images in any manner prohibited by any laws, restrictions or
regulations;
III.
You will not use the Image(s) in any way that is not permitted by
this License;
IV.
Your use of the Image(s) will not violate any applicable law or
regulation of any country, state, or other governmental
entity;
V.
The information that you provide to COLLISION ENGINEERING is
accurate and true, including, without limitation, all credit
card or other payment information and you shall update such
information as necessary;
VI.
You are solely responsible for determining whether your use of
any Image(s) requires the consent of any other party or the
license of any additional rights. If you are unsure whether
additional rights are needed for your use of the Images, you
are responsible for consulting with competent legal counsel;
and
VII.
If you are acting as an agent, you must inform your
client/principal of the terms of this License.
VIII.
You will hold all passwords for any subscription in the strictest
of confidence. You may not share or disclose any password to
any other user or third party other than as specifically
provided for herein. If you breach any provision of this
section, we shall be entitled to (i) terminate this Agreement
immediately, (ii) retain all payments paid pursuant to this
Agreement and, (iii) seek any legal or equitable remedies."
5.
LIMITATION OF REMEDIES
A.
Replacement
or Refund:
COLLISION ENGINEERING's entire liability and your exclusive
remedy, with respect to any claims arising out of this
Agreement, except as set out in Section 6 below, shall be at
COLLISION ENGINEERING's sole discretion, either: (i)
replacement of Image(s); or (ii) refund of any fee paid for
the specific Image(s). Any claims must be brought within
twelve (12) months of the date that you discovered such claim,
or reasonably should have discovered such claim, or shall be
waived. See Section 11 for other refund terms that may apply.
6.
INDEMNIFICATION
You agree to indemnify and hold COLLISION ENGINEERING, its
affiliates, parents, subsidiaries, employees, directors,
officers, successors, assigns, distributors and anyone else
associated with COLLISION ENGINEERING, harmless from, and
against, any and all claims, liabilities, costs, damages, or
expenses, (including attorneys’ fees) asserted against
COLLISION ENGINEERING arising out of your use of the Images or
in connection with any breach of any of the terms of this
Agreement. Provided that the Image(s) are used only in
accordance with this Agreement and you are not otherwise in
breach of this Agreement, COLLISION ENGINEERING shall defend,
indemnify and hold you harmless from all damages (excluding
punitive damages), liabilities and expenses (including
reasonable attorney’s fees and authorized costs), arising out
of or in connection with any actual or threatened lawsuit,
legal proceeding or claim alleging that COLLISION ENGINEERING
is in breach of its warranties set out in Section 4 above. The
foregoing states COLLISION ENGINEERING entire indemnification
obligation under this Agreement and your sole and exclusive
remedy for any actual breach of COLLISION ENGINEERING's
representations and warranties set forth herein. COLLISION
ENGINEERING shall have no obligation under this Section 6
unless you promptly provide COLLISION ENGINEERING with written
notice of such claim. COLLISION ENGINEERING shall have no
liability or duty to indemnify if the claims, liabilities,
costs, damages, or expenses result from: (i) the modification
or alteration of the Images by anyone other than COLLISION
ENGINEERING or (ii) the combination of the Images with any
other text or graphic material, whether in printed or
electronic format, to the extent that such any claims would
not have arisen had such modification or combination not been
made. At the indemnifying party’s option, the indemnifying
party may assume the handling, settlement or defense of any
claim or litigation and the indemnified party shall reasonably
cooperate in the defense thereof. The indemnified party shall
have the right to participate in the litigation, at its own
expense, through counsel selected by the indemnified party.
The indemnifying party will not be liable for legal fees or
other costs incurred prior to the indemnified party giving
notice of the claim for which indemnity is sought.
7.
GENERAL
A.
Enforceability:
If any provision of this Agreement is held to be not
enforceable, such provision shall be reformed only to the
extent to make it enforceable, consistent with the parties’
intent.
B.
Taxes and other:
You agree to pay and be solely responsible for any and all
sales taxes, use taxes, value added taxes and duties imposed
by any jurisdiction as a result of the license granted to you,
or your use of the Image(s), pursuant to this Agreement.
C.
Waiver:
No action of COLLISION ENGINEERING, other than an express
written, signed waiver may be construed as a waiver of any
part of this Agreement, and no employee of COLLISION
ENGINEERING is authorized to make an oral waiver. In the event
that COLLISION ENGINEERING waives a specific part of the
Agreement, it does not mean that COLLISION ENGINEERING waives
any other part.
8.
JURISDICTION
This Agreement, its validity and effect, shall be solely
interpreted, and governed by, the laws of the State of
Arizona, United States. Any claims shall be brought solely in
the Federal District Court of the District of Arizona and you
expressly consent to the exclusive jurisdiction of the federal
courts of the State of Arizona, United States. You consent to
the service of any required notice or process upon you by
registered mail or overnight courier to the address provided
to COLLISION ENGINEERING with your registration, as you may
update from time to time, with proof of delivery.
9.
LEGAL FEES
You agree to reimburse COLLISION ENGINEERING for its legal fees,
costs and disbursements if COLLISION ENGINEERING is successful
in enforcing any of its rights under this Agreement including,
without limitation, in connection with any action to collect
payment.
10.
ASSIGNABILITY
You may not assign or transfer to anyone else the rights granted
to you in this Agreement, without our prior written consent.
COLLISION ENGINEERING may assign or transfer this Agreement
freely.
11.
CANCELLATION
If you wish to cancel the rights granted in this License and your
invoice, the following apply:
a.
If you purchased a Subscription, you may receive a full refund
within three (3) days of your invoice date, provided that you
have not downloaded more than two (2) images. After three (3)
days, or download of more than two (2) Images, no
cancellations will be accepted, no refunds made and you will
be responsible for and must pay the full amount of the
invoice. By requesting a refund, you hereby represent and
warrant that: (i) you have deleted or destroyed all downloaded
Images, (ii) that you have not, and will not use any Images
from the subscription, and (iii) that a breach of the
foregoing shall require you to immediately repay the entire
subscription fee plus damages to COLLISION ENGINEERING.
You are solely responsible for all shipping and handling fees
with regard to a cancellation. All cancellations are final.
See Termination Section 3 above for other applicable terms.
2.
ENTIRE CONTRACT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT,
AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER
AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE
AGREEMENT BETWEEN YOU AND COLLISION ENGINEERING, WHICH
SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN,
AND ANY OTHER COMMUNICATION BETWEEN YOU AND COLLISION
ENGINEERING RELATING TO THE SUBJECT OF THIS AGREEMENT,
INCLUDING, WITHOUT LIMITATION, ANY PURCHASE ORDER TERMS (EVEN
IF SUCH TERMS ARE SUBSEQUENT TO THE DATE OF THIS AGREEMENT).
FAQ'S, OTHER EXPLANATIONS, AND TEXT IN COLLISION ENGINEERING
WEB SITES ARE FOR YOUR INFORMATION ONLY AND ARE NOT, AND SHALL
NOT BE CONSTRUED AS, PART OF THIS AGREEMENT UNLESS SPECIFIED
OTHERWISE IN THIS AGREEMENT.
3.
ADDITIONAL TERMS ADDENDUM
In addition to terms 1-12 above, the following terms also apply
if you obtain certain other services, or certain other Image(s),
from COLLISION ENGINEERING and form a material part of your
License Agreement:
None
at this time. |