General Terms and Conditions
1.1 The Terms and Conditions stated below shall constitute an agreement between you and IK Multimedia US, LLC (“IK Multimedia”) and shall exclusively govern your order(s) made through IK Multimedia’s Online Store.
1.2 By completing your order through the IK Multimedia Online Store, you are confirming to have taken notice of terms and conditions of this agreement and you acknowledge your acceptance of the the terms of this agreement. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS AS STATED HEREIN, DO NOT COMPLETE YOUR ORDER AND DO NOT USE THE IK MULTIMEDIA ONLINE STORE.
2.1 “IK Multimedia Software” means the software program (whether delivered digitally or through a physical copy) ordered by you (if any) through the IK Multimedia Online Store, including any related multimedia content (such as animation, sound and graphics) and all updates hereinafter supplied by IK Multimedia.
2.2 “IK Multimedia Hardware” means any hardware products ordered by you (if any) through the IK Multimedia Online Store.
2.3 “IK Multimedia Product” shall mean both the “IK Software” and “IK Hardware”, including any documentation, packaging or other materials provided to you by IK Multimedia in connection with your order through the IK Multimedia Online Store.
3) LICENSE AND LIMITATIONS OF USE
3.1 The “IK Multimedia Product” contains proprietary material such as trademarks, service marks, graphics and logos that are owned by IK Multimedia and/or its licensors, and which are protected by intellectual property laws and other laws. You are granted no right or license with respect to any of the aforesaid trademarks.
3.2 The “IK Multimedia Software” is licensed to you by IK Multimedia for your individual use. It is not sold to you. You may not transfer, license or sublicense your rights to use the IK Multimedia Software granted to you under this Agreement. You may not rent, lease, or lend the IK Multimedia Software to any party. You may receive the IK Multimedia Software in more than one medium; however, you may not loan, rent, lease, or otherwise transfer the other medium to another user.
3.3 You may install and use “IK Multimedia Software” or any prior version thereof for the same operating system, on up to five (5) computers, provided that (a) each computer is owned by (or leased to) and under the exclusive control of you; (b) the program(s) shall NOT be used simultaneously on more than one machine, and (c) any computer(s) with “IK Multimedia Software” installed shall not be sold, rented, leased, loaned or otherwise be removed from your possession without first removing (uninstalling) the software.
3.4 You may also store or install a copy of the “IK Multimedia Software” you purchased on a storage device (such as a network server) but only when used to install or run the “IK Multimedia Software” on your computers over an internal network. You must purchase a separate license for each user of the “IK Multimedia Software” on the network. Said licenses may not be shared or used concurrently by different users or computers on the network.
3.5 The “IK Multimedia Software” only functions when you have authorized it. The “IK Multimedia Software” will be authorized upon completing the authorization procedure. Once your product is authorized, you may use it. You agree to follow the authorization procedure and will provide true, accurate and complete information. If you provide any information that is untrue, inaccurate, not correct or incomplete, or if IK Multimedia has reasonable grounds to suspect that such information is untrue, inaccurate, not correct or incomplete, IK Multimedia reserves the right to suspend or to revoke your license to use the “IK Multimedia Software” and such termination shall be without prejudice to any additional rights, whatsoever, of IK Multimedia.
3.6 You may not reverse engineer, decompile, disassemble or create any derivative work from any IK Multimedia Product.
3.7 You agree that you will not use the “IK Multimedia Product” in any manner which is not expressly permitted by the Terms and Conditions stated herein.
4) TERMS OF PAYMENT AND PRICING
4.1 By placing an order through the IK Multimedia Online Store, you agree that, upon acceptance of your order by IK Multimedia, you will pay for all products you have ordered and that IK Multimedia and/or its agents may charge your credit card or your PayPal account for all such orders, including any applicable taxes and late fees.
4.2 You also agree to provide true, accurate, current and complete information about yourself as prompted by the order forms. If you provide any information that is untrue, inaccurate, not current or incomplete, or IK Multimedia has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may refuse any and all current and future use of the IK Multimedia Online Store.
4.3 You warrant that you have the legal ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions.
4.4 All prices are in U.S. Dollars (USD) and are subject to change without notice.
5.1 If the IK Multimedia Product is labeled or otherwise identified by IK Multimedia as an “upgrade”, you must be properly licensed to use a product identified by IK Multimedia as being eligible for the upgrade in order to use the IK Multimedia Product.
5.2 An IK Multimedia Product labeled or otherwise identified by IK Multimedia as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this Agreement. If the IK Multimedia Product is an upgrade of a component of a package of software programs that you licensed as a single product, the IK Multimedia Product may be used as part of that single product package and may not be separated for use on more than one computer.
6) WARRANTY AND LIMITATIONS
6.1 All orders which are delivered through digital download are final. IK Multimedia shall not be obligated to issue refunds once you have initiated delivery by digital download. You shall bear responsibility for completing the digital download and for all risk of loss after downloading including any loss due to a device malfunction.
6.2 For IK Multimedia Products which are not delivered through digital download, IK Multimedia warrants to the original purchaser of the IK Multimedia Product, for a period of ninety (90) days following the date of original purchase, that under normal use, the product will be free from defects that will materially interfere with the operation as described in the user documentation for the product. IK Multimedia warrants only that such products will perform as described in the user documentation and no other advertising, description or representation shall change the terms of this warranty, regardless of the source. To make a warranty claim under this limited warranty, please return the product to IK Multimedia at the address listed below, accompanied by proof of purchase, your name, your return address and a statement of the defect, or send the product to us at the below address within ninety (90) days of purchase. Include a copy of the dated purchase receipt, your name, your return address and a statement of the defect. IK Multimedia will use reasonable commercial efforts to repair or replace the product and return it to you (postage prepaid) or issue to you a credit equal to the purchase price, at its option.
6.3 IK MULTIMEDIA UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE PRODUCT EXCEPT AS OTHERWISE PROVIDED HEREIN. IK MULTIMEDIA ASSUMES NO RESPONSIBILITY THAT THE PRODUCT WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE BUYING THIS PRODUCT, EXCEPT AS OTHERWISE PROVIDED HEREIN. IK MULTIMEDIA EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY. IK MULTIMEDIA SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, EVEN IF IK MULTIMEDIA IS ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT IK MULTIMEDIA SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE LOSS OF PROFITS OR REVENUES, OR FOR DAMAGES OR COSTS AS A RESULT OF LOSS OF TIME, DATA OR USE OF THE SOFTWARE, OR FROM ANY OTHER CAUSE EXCEPT THE ACTUAL COST OF THE PRODUCT. IN NO EVENT SHALL IK MULTIMEDIA LIABILITY EXCEED THE PURCHASE PRICE OF THIS PRODUCT.
6.4 IN THE EVENT THAT THE LAWS OF ANY JURISDICITON DO NOT PERMIT THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, IK MULTIMEDIA’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
7) CHOICE OF LAW AND JURISDICTION
7.1 These Terms and Conditions supersede any other agreement between you and the IK Multimedia to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the IK Multimedia Online Store will be brought only in the courts of the State of Florida or the United States District Court for the Southern District of Florida.
8.1 All questions concerning this Agreement shall be directed to:
IK Multimedia US, LLC
590 Sawgrass Corporate Parkway
Sunrise, FL 33323