Certain Products and Services available on or through this Site are available only to persons who have purchased or subscribed to them under a paid or trial subscription agreement with AERTWORKS® or one of its affiliates (the “Subscribers”) or persons invited by AERTWORKS® or one of its affiliates to evaluate such Products and/or Services, or who have requested the right to perform such an evaluation.
In addition to the Products and Services offered by AERTWORKS®, this Site also advertises, offers, or makes available information, products and/or services provided by third parties (collectively, the “Third Party Materials”). Third Party products and/or services are governed by separate agreements or licenses with the Third Parties. AERTWORKS® offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Materials, including any liability resulting from incompatibility between Third Party products and/or services and the products and/or services provided by AERTWORKS®. You agree that you will not hold AERTWORKS® responsible or liable with respect to the Third Party Materials or seek to do so.
Use of Site Materials. Except as may be indicated to the contrary elsewhere on this Site, you may view, download, and print the Site Materials available on this Site subject to the following conditions:
- The Site Materials may be used solely for personal, non-commercial, informational purposes.
- The Site Materials may not be modified or altered in any way.
- The Site Materials on the Site may not be distributed or sold, rented, leased, or licensed to others.
- You may not remove any copyright or other proprietary notices contained in the Site Materials.
AERTWORKS® reserves the right to revoke the authorization to view, download, copy, and/or print the Site Materials available on this Site at any time, and any such use shall be discontinued immediately upon notice from AERTWORKS®.
Any rights granted to you by AERTWORKS® constitute a license and not a transfer of title.
Important Exceptions: Various sections of the Site (such as, by way of example only, demonstrations which show the use and/or utilization of AERTWORKS® Products and/or Services in the movie production industry, or showcase the work of creative professionals) belong to their creators, may be protected by copyright or other proprietary laws, and are for display and demonstration purposes only. Accordingly, you may not download, use, copy or print these works unless there is a notice associated with the work expressly permitting downloading, use, copy and/or printing.
The rights specified above – i.e., the right to view, download, and print the AERTWORKS® Content and Third Party Content available on this Site — are not applicable to the design or layout of this Site. Elements of this Site are protected by copyright and other laws and may not be copied or imitated in whole or in part.
Trademark Information. The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of AERTWORKS® or third parties. You are not permitted to use the Marks without the prior written consent of the owner of the Mark. AERTWORKS® and AERTWORKS® LLC are trademarks of AERTWORKS®.
Submission of Information. Information submitted through this Site may be accessed and used by a AERTWORKS® service provider. Although AERTWORKS® and AERTWORKS®’s service provider (VeriSign, Inc) each take certain steps in an effort to protect the electronic transmission of credit card numbers or social security numbers (“Financial Information”) that you submit through the Site, AERTWORKS® does not guarantee the security of any information transmitted to or from the Site. You understand and agree to assume the security risk for any information you provide using the Site.
You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. User Conduct. In using the Site, including all Products and Services available through it, you agree:
- not to disrupt or interfere with any other user’s use or enjoyment of the Site or affiliated or linked sites;
- not to upload or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;
- not to create a false identity;
- not to use or attempt to use another’s account, password, services, or systems;
- not to attempt to transmit any content which you are not authorized to transmit; and
- not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Products and Services, Site Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
Use and Protection of Account Name and Password. You are responsible for maintaining the confidentiality of your account name, and/or password, where and when applicable to the Site. You are responsible for damages resulting from all uses of your account name, and/or password, whether actually or expressly authorized by you, unless access to your account name, and/or password was obtained through no fault or negligence of your own.
AERTWORKS® LLC E-STORE
The following provisions specifically relate to the online store portion of the Site. All other provisions of this Agreement apply to the online store as well:
Order Acceptance. Your receipt of an electronic or other form of order confirmation does not constitute AERTWORKS®’s acceptance of your order for products or services offered through the AERTWORKS® LLC Site, nor does it constitute confirmation of AERTWORKS® offer to sell you a particular product or service. AERTWORKS® reserves the right at any time after receipt of your order to accept, decline, or limit your order for any reason. Your credit card will not be charged until AERTWORKS® has accepted your order and prepared your order for shipment or for download. We may require additional verifications or information before accepting any order. Price and availability of products and services offered through the AERTWORKS® LLC Site is subject to change without prior notice. To the extent we provide information on the availability of AERTWORKS® Products or products and services provided by third party vendors, suppliers, publishers, and manufacturers, we attempt to be as accurate as possible. However, AERTWORKS® does not warrant that product descriptions, product availability or other information on the AERTWORKS® LLC Site is accurate, complete, reliable, current, or error-free. AERTWORKS® will not be liable for any lack of availability of AERTWORKS® Products or Third Party Products you may order through the AERTWORKS® LLC Site. If your purchase order or any other communication with AERTWORKS® contains provisions inconsistent with this Agreement, this Agreement will prevail.
Security. The purchase area of the online store is designed to be secure. This means that any information you send us is protected by encryption. All messages are sent in an encrypted “digital envelope” and authenticated to verify the identity of both the sender and the receiver of the transaction. However, no connection to the Internet is completely secure. If you experience fraudulent use of your credit card as a result of shopping with AERTWORKS® LLC, notify your credit card company in accordance with its reporting rules and procedures. Most companies will either cover all of the fraudulent purchases or hold you liable for a maximum of $50. Should your credit card company discover credit card fraud and hold you liable for some portion of the unauthorized charges, and provided the purchase was made through our secure server, AERTWORKS® will reimburse you for the maximum liability of $50.
General Refund Policy. The products available for purchase on our web site are downloadable, fully-functional, and try-before-you-buy. We provide a free trial period to let you fully evaluate our products before you make a purchase decision. Please use the trial period to make sure that the software meets your needs before purchasing a license. If you purchase one of our products, after your payment has cleared you will receive an email with the purchase code to activate the software. Once this information is emailed to you, no refunds will be given. In rare instances and only within 10 days of purchase, we may, at our discretion, issue a refund minus our order processing and credit card and bank fees (up to 15% of the purchase price). It is your responsibility to familiarize yourself with this refund policy. By placing an order for any of our products, you indicate that you have read this refund policy and that you agree with and fully accept the terms of this refund policy.
Limited Warranty. AERTWORKS® offers through the online store both AERTWORKS® LLC Products and Services, as well as Third Party Products. Certain AERTWORKS® Products and Third Party Products may be subject to End User License Agreements in addition to this Agreement. In the event of a conflict between any provision of a AERTWORKS® End User License Agreement and this Agreement, the provision of the AERTWORKS® End User License Agreement will control as to the particular conflicting provision.
Technical Support for products. During the Warranty Period, AERTWORKS® will provide technical support to you for AERTWORKS® Products, without charge. If you wish to purchase a technical support package beyond the Warranty Period, you may do so through the online store.
Third Party Products. All Third Party Products ordered through the online store are subject to the terms and conditions of the End User License Agreement between you and the third party vendor (Third Party) (if any), and any other Third Party policies and procedures. All warranties, maintenance, updates, liabilities or other obligations related to Third Party Products will be provided for by the Third Party, and AERTWORKS® will not be responsible for any Third Party Products, except that AERTWORKS® will coordinate returns of Third Party Products to Third Parties.
Taxes. Prices listed through the AERTWORKS® LLC Site do not include any tax or other governmental charge or assessment on the sale, shipment, download, or use of any products sold to you. Such taxes and charges, when applicable, may appear as separate additional charges. You will be solely responsible for, and will pay to AERTWORKS® upon demand, any such tax, charge or assessment, unless you have furnished to AERTWORKS® an appropriate valid certificate of exemption issued by or acceptable to the tax authority in question.
WARRANTIES AND DISCLAIMERS. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND AERTWORKS®, THIS SITE, AND ALL SITE MATERIALS, PRODUCTS, AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AERTWORKS® MAKES NO WARRANTY THAT (i) THE SITE MATERIALS, PRODUCTS, AND SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SITE MATERIALS, PRODUCTS, AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ALWAYS AVAILABLE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE MATERIALS, PRODUCTS, AND SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY SITE MATERIALS, PRODUCTS, AND SERVICES PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE PRODUCTS AND SERVICES OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, THE SITE MATERIALS, PRODUCTS, AND SERVICES, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. AERTWORKS® MAY MAKE CHANGES TO THE SITE MATERIALS, PRODUCTS, AND/OR SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS AND SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE SITE MATERIALS, PRODUCTS, AND/OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND AERTWORKS® MAKES NO COMMITMENT TO UPDATE SUCH SITE MATERIALS, PRODUCTS, AND/OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) AERTWORKS® DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED AND/OR PERFORMED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE PROVIDED BY THIRD PARTY VENDORS OR THOSE ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) AERTWORKS®MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) AERTWORKS® SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED AND/OR PERFORMED BY THIRD PARTIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
LIMITATION OF LIABILITY. IN NO EVENT INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL AERTWORKS®, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, ATTORNEYS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT AERTWORKS® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, THE SITE MATERIALS, PRODUCTS, AND SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
International Users. This Site can be accessed from countries around the world and may contain references to AERTWORKS® Products and Services that are not available in your country. These references do not imply that AERTWORKS® intends to announce or provide such Products or Services in your country. The Site is controlled, operated, and administered by AERTWORKS® from its offices within the United States of America. AERTWORKS® makes no representation that the Site, or the Site Materials, Products, and Services appearing on or available through the Site, are appropriate, legal, or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of the Site Materials, Products, and/or Services are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws, including but not limited to the Export Control Laws discussed below.
Export Control Laws; Notice To U.S. Government Users. The export and re-export of AERTWORKS® Products and/or Services are controlled by the United States Export Administration Regulations, and such Products and/or Services may not be exported or re-exported to any country to which the United States embargoes goods. In addition, AERTWORKS® Products and/or Services may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. By using, installing, and/or downloading any AERTWORKS® Product or Service you are certifying that, no matter where you currently reside, you are not a national or resident of any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
Most AERTWORKS® Products and Services are commercial in nature. The software and documentation available on this Site are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Governing Law and Jurisdiction. This Site (excluding linked sites) is controlled by AERTWORKS® from its offices within the State of California, United States of America. By accessing this Site, you and AERTWORKS® agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof. You and AERTWORKS® also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Orange County, California, USA.