The End User License Agreement for Products is a binding agreement between the Customer and D&D Creations [hereinafter referred to as “Company”]. By purchasing, downloading and using the product purchased at and downloaded from the Company’s Digital Store at www.ddcreations.eu, or via our resellers at www.yurdigital.com and www.cornucopia3d.com, the Customer is obligated to accept all of the Terms and Conditions within this EULA.
1. Communication with the Company
The Company’s postal address, email addresses and operating hours are stated at the Company’s contact page at https://ddcreations.eu/contact-us/. For Sales, the Company is available via the email address firstname.lastname@example.org, or via telephone at +31 (0) 487 844 776 (office) or + 31 (0) 651 209 086 (mobile) during our operating hours (from Monday to Friday from 9:00 – 18:00; on Saturday from 10:00 – 16:00 CET). Customers can also contact the Company via the Company’s online contact form, or via Skype (user name: danddcreations) if requested in advance. For customer support, complaints or reports of product malfunction, the Company is available at email@example.com. A company representative shall respond to emails and/or return missed calls within 24 hours on business days.
Every form of communication between the Company and the Customer is monitored and logged by the Company for quality assurance purposes. The Company shall handle all communication with the Customer as confidential. However, the Company reserves the right to use the logs for legal procedures if necessary.
2. License Grant
This EULA grants the Customer a limited, non-exclusive, non-transferable license to use the purchased/downloaded product. The Customer can use the included content in commercial and non-commercial projects, in the form of rendered images or animations, as long as the original content cannot be extracted from these projects. The Company retains all copyrights to the included content.
3. Restrictions on Use
The Customer shall not reverse-compile or reverse-engineer the purchased/downloaded product. The Customer shall not sell, rent, transfer or sublicense the included content to any third party. The Customer shall not use the purchased/downloaded product in such a way that any of the original content can be extracted. The Customer shall not convert the purchased/downloaded product to any other format of media for redistribution, regardless of whether it is for sale or for free. The Customer shall not redistribute the purchased/downloaded product in whole or part.
4. Limited Content Warranty
For a period of 14 business days from the date of purchase, the Company warrants that – when properly installed and used under normal conditions – the purchased/downloaded product will perform substantially as advertised. In case the Customer is not satisfied with the purchased/downloaded product, the Customer shall contact the Company’s Support Department at firstname.lastname@example.org, and – as stated in § 1 – a company representative shall respond to the complaint within 24 hours on business days, and assist the Customer in resolving the problem stated in the complaint. In case the purchased/downloaded content contains a bug, the Customer shall report it to the Company at email@example.com, and the Company shall resolve the malfunction and send an updated version of the purchased/downloaded product to the Customer within 5 business days. In case the problem stated in the complaint is not resolved in any way within 5 business days, a refund may be issued at the discretion of the Company. In case the Company cannot find any valid reason to justify the refund, the Company reserves the right to decline it. In case a refund is issued, the Customer shall immediately delete all included content files, all derivative works in any form and will discontinue the use of the purchased/downloaded product.
4.1. Limitation of Remedies and Damages
Any warranty claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, internet connection problems, improper installation, acts of nature, or damage determined by the Company to have been caused by the Customer. The Customer shall agree to indemnify and hold the Company harmless from all claims, judgments, liabilities, expenses, or costs arising from the Customer’s breach of this EULA and/or act or omissions.
4.2. Disclaimer of Warranties and Limitation of Liability
The Company does not warrant that the content of the purchased/downloaded product will meet the Customer’s system requirements or operate under the Customer’s specific conditions of use. The Company is not, under any circumstances, responsible or liable for making warranty if the problems related to downloading and/or using the product are caused by the Customer’s specific conditions of use, including – but not limited to – insufficient internet connection, interruptions, system specifications and system performance. The Customer shall determine whether the product sufficiently meets their requirements. The Customer bears sole responsibility and all liability for any loss incurred due to failure of the product to meet the requirements of the Customer.
The Company will not – under any circumstances – be responsible or liable for the loss of data on any computer or information storage device. Under no circumstances shall the Company be liable to the Customer or any other party for indirect, consequential, special, incidental, punitive or exemplary damages of any kind, including – but not limited to – loss of revenues, profits or loss of business, resulting from this agreement, or from the furnishing, performance, installation or use of the purchased/downloaded product, whether due to a breach of contract, breach of warranty, or the negligence of the Customer or any other party.
5. Professional Courtesy
Representatives of the Company and the Customer agree to behave in a professional and respectful manner towards each other through all communications. Any actions deemed disrespectful, abusive or verbal/written cruelty on the part of the Customer may result in revocation of warranty and customer support. Actions that include personal insults, swearing, public unwarranted criticism of the Company’s general abilities are punishable by law.
The Company reserves the right to modify this EULA at any time without notice.
7. Governing Law and Jurisdiction
Legal indications shall be constructed and interpreted in accordance with the Dutch law. The Dutch courts have exclusive jurisdiction with regards to any claims or proceedings and/or settlements of any disputes resulting from or in connection with these legal indications. For this purpose each party hereby irrevocably submits to the exclusive jurisdiction of the District Court of Gelderland province, The Netherlands.
Upon receipt of information that the purchased/downloaded product is being used in violation of any copyright laws or if the Customer has violated any of the Terms and Conditions within this EULA, the Company reserves the right to revoke this EULA. In case the EULA is revoked, the Customer shall immediately delete all included content files, all derivative works in any form and shall discontinue the use of the purchased/downloaded product. Upon revocation, the Company may also enforce any rights provided by law. The provision of this EULA, which protects the proprietary rights of the Company, will continue in force after revocation. Termination of license, either voluntary or involuntary, does not entitle the Customer to a refund of purchase costs except as provided elsewhere in this document.
If you have any questions regarding our End User License Agreement for Products, please contact us at firstname.lastname@example.org, or call +31 (0) 487 844 776 (office) or +31 (0) 650 407 100(mobile).