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Terms & Conditions

1. TERMS

1.1 These Terms govern the relationship between you as the purchaser ("Purchaser" or "you") of Digital Film Tools software or services.

1.2 Please read these Terms carefully because they form a legal document. By purchasing from Digital Film Tools, you agree to be bound with Digital Film Tools by these Terms. You may only purchase software or services if you accept these Terms.

1.3 These Terms do not affect any consumer rights which you may have under the provisions of any law or regulation in the country where you live ("Local Law"), except where those rights are capable of being waived by you under the provisions of your Local Law. You agree that, by you agreeing to these Terms with Digital Film Tools, you waive any consumer rights you have which are capable of being waived under your Local Law and that these Terms are the only terms and conditions that apply between you and Digital Film Tools in respect of your purchase

2. TERMS OF PURCHASE OF SOFTWARE LICENCE OR SERVICES

2.1 By the display and description of the products or services, Digital Film Tools does not agree to process your order and supply you at the prices specified, or at all.

2.2 These Terms will not form a binding contract between you and Digital Film Tools for the purchase and supply of the software or services until the following conditions have been met:

- you have submitted your offer to buy software or services ('Order') using the order facility provided; and

- Digital Film Tools notifies you by e-mail that your Order has been accepted and Digital Film Tools agrees to supply the software or services to you.

2.3 Digital Film Tools will not be responsible for any loss or damage, howsoever arising, as a result of a failure, refusal or inability by Digital Film Tools to fulfill an Order.

3. PRICE

3.1 All prices quoted are in United States Dollars. The total cost is the "Purchase Price". Digital Film Tools shall not be liable for any other sales taxes, customs or import duties or other taxes which may be imposed on you by any relevant taxing authority. You are responsible for any such taxes.

3.2 All Purchase Prices and specifications of software or services are subject to change without notice to you, except where Digital Film Tools has accepted your Order and agreed to deliver the software or services to you in accordance with Clause 2.2.

3.3 Any Purchase Price payable for use of the software or services must be paid in advance. The Purchase Price is paid by credit or PayPal. We have the right to check with your card provider and any credit reference agency or bank to confirm whether or not you are able to pay the Purchase Price. We have the right to refuse your order at our discretion.

4. DELIVERY OF SOFTWARE LICENCE

4.1 You are able to download the required software with a trial license at any time before or after the purchase. When you purchase a license for the specified product it will be emailed to you with instructions how to apply it to the downloaded trial version.

4.2 Notwithstanding Clause 4.1, the time of delivery of the license is an estimate only and Digital Film Tools shall not be liable for any late delivery of the license or any loss or damage caused as a result.

5. RETURNS POLICY

5.1 You must download and test the software on your computer before purchasing. Once a permanent license has been issued there will be no refunds.

5.2 In the event that the license you receive does not work with the downloaded software, you are entitled to request a refund from Digital Film Tools within 14 days of receipt by you.

6. DURATION OF TERMS AND CONDITIONS

6.1 These Terms are binding upon you immediately you accept them in accordance with Clause 1 and they will remain in force until both parties have performed their obligations under these Terms or either party breaches its obligations under these Terms.

6.2 Termination in accordance with this Clause 6 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either of us.

7. DIGITAL FILM TOOLS'S RESPONSIBILITIES

7.1 Digital Film Tools undertakes to use commercially reasonable endeavors to prevent breaches of security of the web site (including your credit or debit card details provided by you when you submit an Order), and to use reasonable endeavors to ensure that any Digital Film Tools suppliers, subcontractors or agents comply with this Clause 7.1.

7.2 Digital Film Tools will use reasonable endeavors to respond to your Order within a reasonable length of time.

8. YOUR RESPONSIBILITIES

8.1 You warrant that you are the proper authorized owner of the credit card, details of which you supply to Digital Film Tools. If you give details of a non-existent credit card number or the number of a credit card that belongs to someone else, we reserve the right to terminate your license without notice.

8.2 You are advised to also read our Privacy Policy.

9. LIMITATION OF LIABILITY

9.1 Any software downloaded or otherwise obtained through this web site is used at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

9.2 We have taken every care in preparing the material made available to you via the web site. To the extent permitted by applicable law, we disclaim all express and implied warranties as to the accuracy of the information given in the web site. We shall not be liable to you or any other person for any loss or damage which may arise from your use of the web site (other than by reason of fraud) including:

- loss of business; loss of revenue; loss of profits; loss of anticipated savings; wasted - expenditure, loss of privacy and/or loss of data;

- loss or damage, which arises from your misuse of any of the information contained in any of the materials made available to you via the web site; and/or

- other loss or damage which does not result directly from our actions or the actions of our agents and other suppliers.

9.3 If Digital Film Tools is unable to perform any obligation under these Terms because of a matter beyond its reasonable control (including but not limited to); fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of Digital Film Tools, Digital Film Tools will have no liability for that failure to perform.

9.4 Our financial liability to you in the event of your completed Order being lost in dispatch shall be limited to the payment you have made for the particular Order.

9.5 We may modify or discontinue, temporarily or permanently, any part of the web site, with or without notice to you, and you confirm that we shall not be liable to you or to any third party for any modification to, or discontinuance of, any part of the web site.

9.6 Any liability we may have to you shall be limited to the reimbursement of charges paid (if any).

9.7 Our exclusions of liability shall not apply to any damages arising from death or personal injury caused by our negligence or that of any of our employees or agents.

9.8 You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of:

- any use by you or your guests of this web site in breach of these terms.

10. NOTICES

10.1 You may send a legal notice to Digital Film Tools, or any questions you may have concerning these Terms, by e-mail to dftsales@digitalfilmtools.com, or by writing to us at:

Digital Film Tools
3 Church Cir. Ste 260
Annapolis, MD 21401

Such notices will be effective within 3 days of receipt by Digital Film Tools.

10.2 Digital Film Tools may give notice to you by e-mail to your e-mail address on record with Digital Film Tools, or by post to the geographical address on record with Digital Film Tools. Such notice will be effective if sent by e-mail or posted 3 days from the date it was sent or posted.

11. THIRD PARTIES

11.1 Nothing in these Terms shall confer on any third party any benefit or the right to enforce any term of this Agreement. For the avoidance of doubt, the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.

12. GENERAL

12.1 These Terms form the entire agreement between you and Digital Film Tools and supersede any other oral or written communications, agreements or representations with respect to your use of this web site.

12.2 Digital Film Tools reserves the right to add to or change the terms of these Terms in its sole discretion without prior notice

12.3 Nothing in these Terms affects your statutory rights as a consumer.

12.4 If any part of these Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these Terms will not be affected.

12.5 Your use of the Internet is solely at your risk and subject to all applicable laws, and Digital Film Tools has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.

12.6 Unless otherwise specified elsewhere in this web site, those who choose to access this web site from any location outside the UK are solely responsible for compliance with Local Law if, and to the extent it is applicable.

12. 7 These Terms are governed by the laws of the State of Maryland, and subject to the non-exclusive jurisdiction of the Maryland Courts.