End user agreement for Full Motion Video
Last update: 17th Feb 2010
These terms apply to purchases of software and digital content ("Products") sold to any person or entity ("You") through this website by Equuleus Solutions Ltd or its Affiliates ("Equuleus Solutions Ltd"). IF YOU PLACE AN ORDER ON THIS WEBSITE YOU AGREE TO THESE TERMS.
2. Offer, Order and Acceptance
All prices and descriptions mentioned on this website do not constitute an offer and may be withdrawn or modified at any time prior to Equuleus Solutions Ltd's acceptance of your order. Equuleus Solutions Ltd cannot guarantee that all Products (including download links, license keys, codes or Backup CDs, hereafter named generically product(s)) are in stock, but is doing its best to ensure availability of the products.
Equuleus Solutions Ltd reserves without liability the right to reject your order if is not able to process or fulfill it. In this case Equuleus Solutions Ltd will refund any prior payment that you have made for that product. Any order submitted by you to Equuleus Solutions Ltd is an offer to purchase products on these conditions and is subject to Equuleus Solutions Ltd's acceptance. Equuleus Solutions Ltd's acceptance of your order takes effect and the contract is concluded when Equuleus Solutions Ltd delivers your order. You declare that all and any information provided by you when placing an order is up-to-date and materially accurate in order for Equuleus Solutions Ltd to fulfill your order. You are responsible for maintaining and updating your account information for accuracy and completeness and keeping such information and any passwords secure against unauthorized access.
3. Price and Payment
Prices payable for Products are those in effect at the time of receiving the order, unless otherwise expressly agreed or mentioned. Prices will be indicated on the website but the final and the right price in the event of any discrepancy is the price that is notified to you on Equuleus Solutions Ltd's Acceptance of your order.
Equuleus Solutions Ltd reserves the right prior to the order Acceptance to withdraw any discount and/or to modify prices, to take into account increases in costs including (without limitation) costs of any materials, delivery, the increase or imposition of any tax, duty or other levy and any variation in exchange rates. Programming or data errors in our website may lead to inaccuracies in pricing. When the price is inaccurate or substantially under the market price, Equuleus Solutions Ltd will, in general, honor the orders, but reserves the right to correct the price and offer to sell the product to you at the correct market price.
Equuleus Solutions Ltd will notify you of any errors in pricing prior to product delivery. In such event if you choose to continue with your order, you accept the new conditions and prices as notified by Equuleus Solutions Ltd. Prices (unless stated otherwise) are in the currency quoted on the website.
The places that we deliver to are listed on the website and, unless otherwise specified, prices quoted are the following and you agree to pay them:
exclusive of the costs of shipping or carriage to the agreed place of delivery
exclusive of VAT and any other tax or duty which must be added to the price payable (VAT will be shown on the order);
Payment shall be made prior to delivery and by such methods that are indicated on the website or by any other method expressly agreed by Equuleus Solutions Ltd. Equuleus Solutions Ltd will charge credit or debit cards online, after the order is placed and the credit card information is provided to Equuleus Solutions Ltd. Equuleus Solutions Ltd reserves the right to verify the credit or debit card payments prior to acceptance. In case of non-payment, Equuleus Solutions Ltd can transmit a claim to the vendor of the software product you purchased, without additional information to you. As a result of this the vendor or Equuleus Solutions Ltd can claim the Products delivered from you.
Delivery dates specified on the website, in any order acceptance or elsewhere are estimates only. Equuleus Solutions Ltd will not be liable in respect of delay, but it is doing its best to ensure the delivery on time. In case Equuleus Solutions Ltd may not be able to deliver the products, your payment will be refunded on your written request.
Delivery will be made to a valid address submitted by you. You must check the delivery address on the Equuleus Solutions Ltd acceptance provided to you and notify Equuleus Solutions Ltd at once about errors or omissions. Equuleus Solutions Ltd reserve the right to charge you for any extra costs arising from changes you make to the delivery address after you submit an order.
If you refuse or fail to take the products delivered by Equuleus Solutions Ltd, any risk of loss or damage will pass to you and Equuleus Solutions Ltd (without any liability) will have the right of payment in full for the products delivered and/or to make delivery by any means appropriate and/or to store products at your risk, but you may be liable to pay on demand of Equuleus Solutions Ltd all costs of product storage and any additional costs incurred as a result of such refusal or failure to take delivery.
Equuleus Solutions Ltd will be entitled for 30 days after the agreed date of delivery to dispose the products in such manner as it considers. If we deliver products by download, each download of a product constitutes a separate contract and if you downloaded the Product you are not entitled to revocation or to cancel in whole or part the contract in case of any defect. The risk of loss or damage passes to you on delivery of the products.
5. Software conditions
Software Products supplied are or include the license (EULA) drawn up by the producer/owner of the software and distributed along with the Products by Equuleus Solutions Ltd. Such Software Products can be used only in accordance with the EULA and may not be copied, adapted, translated, made available, distributed, varied, modified, disassembled, decompiled, save, reverse engineered or combined with any other software, unless (i) this is permitted by the EULA, or (ii) expressly permitted by applicable law. Any technical questions regarding the product may be address as specified in the EULA.
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Equuleus Solutions Ltd or its affiliate that participates in the selling of the products, be liable for any indirect, special, incidental, or consequential damages.
Equuleus Solutions Ltd or its affiliates will be liable for damages caused by a breach of a material contractual obligation with intention or gross negligence but limited to the amount of damages and up to maximum 50.00 Euro. This limitation of liability applies to all damage claims irrespective of their nature and continues in force notwithstanding termination of the contract. You shall indemnify Equuleus Solutions Ltd against any liabilities, claims and costs incurred by or made against Equuleus Solutions Ltd as a direct or indirect result of selling products or performing services to your specific details causing an infringement or alleged infringement of any proprietary rights of any third party.
Equuleus Solutions Ltd can suspend or stop delivery of products in case you commit any act of bankruptcy (e.g. deed of arrangement with creditors, winding-up against you) or if we believe that you cannot pay your debts. Equuleus Solutions Ltd also can in these cases terminate your order by a written notice send to you by email or fax.
8. Title to products
The title of the Products will pass from the Producer/owner to Equuleus Solutions Ltd at the time when Equuleus Solutions Ltd approves your order, and then subsequently to you at the time the payment in full of the price of the order (including interest or other payment due for the Product) has been made by you and entered into the Equuleus Solutions Ltd bank account.
Until the payment is made and the money enters into Equuleus Solutions Ltd bank account, you shall have possession of the ordered Products. If you are a consumer you shall not resell the Products. In case the payment is not made, Equuleus Solutions Ltd reserve the right to repossess and resell any such Products, and you hereby gives Equuleus Solutions Ltd or his agents an irrevocable right to enter your premises, provided a prior notification has been made.
You are responsible upon delivery for checking Products delivered by Equuleus Solutions Ltd and verifying their condition, accordance with their description and complete only with respect to apparent defects and apparent short deliveries. If you fail to notify Equuleus Solutions Ltd about such failure in writing within 15 (fifteen) days, your rights arising from defective products or short delivery are excluded. In case the delivery is made by the Producer/Authorized Merchant of the product you will address your complaint to them or to Equuleus Solutions Ltd, who will pass your complaint to them, for solving it, accordingly with the relevant complaint policy applicable, that might be different from Equuleus Solutions Ltd complaint policy.
10. Revocation an order (only for consumers)
YOU WILL HAVE AS A CONSUMER A "LEGAL PERIOD" OF 15 (FIFTEEN) DAYS DURING WHICH YOU MAY REVOKE YOUR ORDER FOR ANY REASON WITHOUT REASONS, WITH A WRITTEN NOTICE TO EQUULEUS SOLUTIONS LTD AS SPECIFIED IN CHAPTER 12 - "NOTICE".
YOU HAVE NO RIGHT TO REVOCATION:
WHERE YOU HAVE UNSEALED THE SOFTWARE.
WHERE YOUR ORDER CAN NOT BE RETURNED BECAUSE OF ITS NATURE, E.G. DOWNLOAD PRODUCTS, OR IS CUSTOMIZED SPECIFICALLY TO YOUR ORDER.
If you exercise the revocation right, you are required to return the relevant products to Equuleus Solutions Ltd and Equuleus Solutions Ltd will reimburse your prepayments. If you are not able to return the products or if the products returned are defective, you are required to pay compensation, equal to the value of the products plus any other expensive made by Equuleus Solutions Ltd in order to comply with your revocation right. Where wrong products have been delivered to you, Equuleus Solutions Ltd will bear the costs of returning the products regardless of the value of your order. Any compensation payments for damaged products have to be made by you within 30 days after you have given your declaration of revocation.
The product must be returned to the Equuleus Solutions Ltd address stated on the delivery note that was accompanied with the product.
THE RIGHT TO REVOCATION TERMINATES IF THE PRODUCTS/SERVICES ORDERED BY YOU COMMENCE WITH YOUR AGREEMENT BEFORE THE LEGAL PERIOD EXPIRES (E.G. DOWNLOAD OF PRODUCTS).
You have the obligation to obtain at your own expense any license or authorizations required by any legal authority for acquisition, delivery or use of the products, and if necessary produce evidence to Equuleus Solutions Ltd. You should be liable for all expenses or charges incurred by Equuleus Solutions Ltd from your failure to obtain such license or authorizations. You are also liable for complying with export control and custom duties laws and regulations in the territory where you order the delivery or use the Product.
Any notification or any other communication made in connection with our contract shall be in written form and considered as duly sent or adequately issued if it is sent by mail, fax or email in accordance with the contact data mentioned in this website for Equuleus Solutions Ltd, and in accordance with your latest contact data notified to Equuleus Solutions Ltd. Any notification shall be considered as sent the following working day if sent by fax or email, and the 3rd working day from delivery if sent by mail, or courier service.
13. Applicable law
All and any disputes arisen out of or in connection with our contract will be settled first amiably in maximum 30 days from starting. If the amiable negotiations fail any such disputes shall be settled by the law and the courts from the territorial jurisdiction of Equuleus Solutions Ltd office, as the case may be.
14. General terms
The provisions of these Terms are separated and the lack of validity of any provision will not affect whatsoever the validity of the other provisions. These Terms represent the freely expressed will and it is the only Terms between Equuleus Solutions Ltd and You, while any pre vious Terms, whether written or oral, are not obligatory, except in case they are included herein. Equuleus Solutions Ltd reserves the right to change the present Terms from time to time while it provides notice of material changes on the present website. Your continued order, placed on this website, after such notice has been posted constitutes your acceptance of the changes. You are not entitled to transfer or assign your right and obligations under these Terms to a third party, without the written approval of Equuleus Solutions Ltd.