PixelFX Studios

License Agreement v1.0.0

Please read this Private License Agreement carefully before downloading or using any products or software developed by PixelFX Studios & Divisions, also by registering or using our site at pixelfxstudios.com and or divisions you are bound by this agreement as web site terms of use.

By downloading the Software/Products, or installing our Software on your web server, you are consenting to be bound by this Agreement. Such agreement is either on your own behalf or on behalf of any corporate entity which employs you or which you represent ('Corporate Licensee'). In this Agreement, "Licensee" includes both the reader and any Corporate Licensee. "PixelFX Studios" includes all agents and employees of PixelFX Studios.

1. Software/Product Rights -
1. Licensee must submit the URL where they plan to use the software, and must keep this URL up to date. The URL may be submitted before obtaining a License, and may be updated at any time via the Members' Area.
2. Licenses are non-transferable. Your Software license(s) may not be rented, leased, sold, or otherwise transferred in any form without the prior written consent of PixelFX Studios.
3. Licensee shall not make any copies of the Software or any part of the user documentation except for back up or archival purposes for Licensee's own use.
4. Licensee shall not provide or disseminate all or any part of the Software to any other person. Licensee will safeguard the Software and related user documentation with a reasonable degree of care so that no unauthorized use is made of them and no disclosure of any part of their contents is made to anyone other than Licensee and any employees, agents or consultants of Licensee whose duties reasonably require such disclosure.
5. Licensee shall not reverse compile or reverse assemble all or any portion of the software to distribute, sell, create derivative works of the software, or for any other reason.
6. The Software may not be used for anything that would represent or is associated with an Intellectual Property violation, including, but not limited to, engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities.
7. The source code of the software may be altered at Licensee's own risk.
2. Ownership of Software - PixelFX Studios/Robert F.B. White has and will retain all ownership rights in the Software, including all patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill and confidential and proprietary information. Licenses are nonexclusive and Licensee will have no rights in the Software except as explicitly stated in this Agreement.


3. Copyright Notice - Unless a "Branding Free" license has been purchased for our products, all copyright notices in the Software must remain intact. These notices may be moved providing that the wording remain unchanged and visible to the human eye, the link to pixelfx.ca remains intact, and on all web site pages that are powered by our Software. This includes copyright of all content on our website & divisions.


4. Warranty - PixelFX Studios disclaims all implied warranties for the Software, including warranties of merchantability and fitness for a particular purpose. PixelFX Studios makes no representations concerning the quality of the Software and does not promise that the Software will be error free or will operate without interruption.


5. Liability - Under no circumstances will PixelFX Studios be liable for any lost revenue, profit, or data, or for special, indirect, consequential, incidental, or punitive damages however caused and regardless of the theory of liability arising out of the use of or inability to use the software even if PixelFX Studios has been advised of the possibility of such damages. In no event shall PixelFX Studios 's liability to Licensee exceed the price paid by Licensee. These limitations apply to all causes of action, including but not limited to breach of contract, breach of warranty, negligence, strict liability, misrepresentation and other torts. This limitation of liability shall not apply to the extent applicable law prohibits such limitation.


6. Termination - If any of the terms of this Agreement are violated, PixelFX Studios reserves the right to revoke the License at any time, without notice to Licensee. The failure of PixelFX Studios to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of any such right or provision.


7. Installation - If Licensee orders installation services with respect to the Software, PixelFX Studios will use its best efforts to install the Software on Licensee's server. Due to factors outside of PixelFX Studios 's control, including but not limited to server configuration and software versions, successful installation of the Software is not guaranteed. In the event that the software cannot be installed on the Licensee's server, PixelFX Studios will issue a full refund for the installation fee. This does not include circumstances where a customer orders the Software and does not have vBulletin forum software installed on their web server, or the customer is running software on their web server prior to the software versions listed in the "Requirements" section of the product information page. PixelFX Studios will not be responsible for any losses or damages suffered by Licensee as a result of the installation or attempted installation of the Software.


8. Data Collected - Licensee understands and accepts that data containing the Licensee's web site URL and PixelFX Studios productid may be be sent to (and stored by) PixelFX Studios during the Software installation process. This data shall be used solely for the purpose of verifying that the Software being installed is not violating the terms and conditions of this License. This data shall not be shared with any third party, or used in any other manner.


9. Refunds - Refunds shall be given at the discretion of PixelFX Studios. As a general rule, refunds shall not be granted once the Software has been downloaded and/or installed. For this reason, we encourage customers to post any questions they may have in one of our Pre-Sale Questions forums before purchase. The only exception for our refund policy is if the Software cannot be installed on your web server with our assistance. This does not include circumstances where a customer orders the Software and does not have vBulletin forum software installed on their web server, or the customer is running software on their web server prior to the software versions listed in the "Requirements" section of the product information page. Those who order our software without having vBulletin installed will not receive a refund once they have downloaded the software.


10. Headings - The article, section and paragraph headings included in this Agreement have been used solely for convenience and shall not be used in the interpretation of this Agreement. References to articles, sections and paragraphs shall refer to such provisions in this Agreement unless otherwise stated.


11. Applicable Law - This Agreement shall be governed by and construed in accordance with the laws of the Provence of British Columbia, Canada, as if performed wholly within the provence and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. This Agreement constitutes the entire Agreement between the parties with respect to the use of the Software.


12. Terms & Conditions Modifications - PixelFX Studios reserves the right, at our sole discretion, to modify the terms of this Agreement at any time. You are responsible for reviewing these terms and conditions periodically, and your continued use of the Software after any changes will indicate your acceptance of the new terms and conditions.
13. Disclaimer Please make backups of your site databases before installing any of our software that you may have downloaded from us, also use at your own risk, before you Install, please also note that unless software downloaded from vbcredits.com/vbcredits2.com or here (pixelfxstudios.com) that we can't garrentee the fitness of software downloaded from 3rd party sites. Our Team is working hard to make sure all our software and products are as stable as possible. However all client/member systems / sites / servers may vary. If you run into problems feel free to contact our support team for help.