Terms of use

ALL INFORMATION, PRODUCTS AND SERVICES ON THIS WEBSITE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND FIOLEX AS OWNER OF THIS WEBSITE.

GENERAL TERMS

COPYRIGHT

This website, included layout and design, is owned by FIOLEX. All of the content on this website, including software, images, text, audio and video is owned by FIOLEX and/or the appropriate Copyright owner. All elements and contents of the website are protected by international copyright, trade dress and other laws based on intellectual property rights. No content or element of this website may be copied or transmitted at any ways without explicit permissions and/or agreements from/with FIOLEX and/or the appropriate Copyright owner.

Website, design and contents © Fiolex Software
Software, images, audio and video © Fiolex Software and/or appropriate authors
All rights reserved.

TRADEMARKS

All logos, product and company names displayed on this website are trademarks or registered trademarks of the appropriate companies or owner. "Fiolex", "Fiolex Graphics", and "Fiolex Gallery" are trademarks of Fiolex Software.

TERMS OF USE OF SOFTWARE, IMAGES, AUDIO, VIDEO AND OTHER CONTENTS

All products published under the name "FIOLEX", including, but not limited to, software, images, video and audio, are own creations or licensed products of FIOLEX and are protected by international copyright and other laws based on intellectual property rights. All third party products published and/or offered on FIOLEX GRAPHICS are property of the respective authors and are also protected by international copyright and other laws based on intellectual property rights.

By purchasing and/or downloading such products, the user/buyer has the right to use the same in accordance with the license terms valid for the respective product. The terms below are subject to these General Terms and Conditions: License Agreement

LINKS TO THIRD PARTY WEBSITES

The FIOLEX website may contain links to third party websites. These websites are not under the control of FIOLEX. FIOLEX is not responsible and does not assume any liability for the contents, products or services of linked websites or for any loss suffered by you using such websites. When you access a linked website you do so at your own risk.

PRIVACY POLICY

By visiting this website, some personal information may be collected and stored automatically or on demand (for example on online forms for purchase transactions or registration). Your personal data will be always kept secure and used for specified purposes only.

ARRANTIES AND DISCLAIMER

ALL CONTENTS OF THIS WEBSITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED ARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY,  OR FITNESS FOR A PARTICULAR PURPOSE. SERVICES, DIGITAL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, SOFTWARE, IMAGES, AUDIO AND VIDEO, REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. FIOLEX MAKES NO WARRANTY THAT SOFTWARE WILL FUNCTION WITHOUT INTERRUPTION OR OTHERWISE BE FREE OF ANOMALIES OR ERRORS.
 
NEITHER FIOLEX NOR ITS MANAGER, EMPLOYEES, LICENSORS, PARTNER, AFFILIATES, AGENTS, DISTRIBUTORS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF DATA OR PROFITS, ARISING OUT OF YOUR USE OF, YOUR INABILITY TO USE, OR THE PERFORMANCE OR THE CONTENT OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, SOFTWARE, IMAGES, AUDIO AND VIDEO, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IN THE EVENT OF NEGLIGENCE. OUR ENTIRE LIABILITY IS LIMITED, WITHOUT EXCEPTION, TO THE REIMBURSEMENT OF THE PURCHASE PRICE OF THE SERVICE OR PRODUCT, AT MAXIMUM THE LESSER OF THE AMOUNT PAYED BY YOU AND THE SUGGESTED RETAIL PRICE AS LISTED BY FIOLEX.
 
THE FUNCTIONS, SOFTWARE, CONTENTS OR INFORMATION ON THIS WEBSITE MAY CONTAIN TECHNICAL, TYPOGRAPHICAL OR OTHER ERRORS. FIOLEX USES REASONABLE EFFORTS TO ENSURE THE ACCURACY AND RELIABILITY OF THE CONTENTS, BUT ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THIS WEBSITE. FIOLEX MAY MAKE IMPROVEMENTS OR CHANGES ON THIS WEBSITE AT ANY TIME.
 
SOME US STATES AND OTHER COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR CERTAIN KIND OF DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

GOVERNING LAW AND VENUE

This website is controlled by FIOLEX in Switzerland. The agreements are governed by Swiss statutes and laws, without reference to its laws relating to conflicts of law. Venue for all disputes concerning these agreements shall lie exclusively in the courts of Baden, Switzerland.
 
Elements or contents of this website may be illegal or prohibited in some countries or locations. FIOLEX cannot claim any responsibility for the use of the website or their contents in such locations. The accessing user do so on their own initiative and are responsible for compliance with local laws.

MISCELLANEOUS

FIOLEX reserves the right to change these terms and conditions any time.

Should any clause of these terms and conditions become inoperative, this will not affect any other clause, and each of these will remain in full force and effect.

FIOLEX does not recognize differing conditions of the user or customer, unless FIOLEX would have agreed with these in written form explicitly.

For special terms and conditions about our download services and sale conditions, see the appropriate sections below.

ACCESSING OUR WEBSITE, USING OUR SERVICES AND PURCHASING OUR PRODUCTS YOU ARE CONSENTING TO ALL OUR TERMS AND CONDITIONS, INCLUDING TERMS OF USE, LICENSING, PURCHASE AND PRIVACY.

TERMS AND CONDITIONS OF SALE

1. GENERAL

This Agreement is subject to our general terms and conditions and contains the sales terms and conditions that apply to purchases by Customers from FIOLEX. By purchasing of our products and/or services, you agree to be bound by and accepts both these sales terms and conditions and our General Terms and Conditions.

2. PRICES, SALES TAXES AND CUSTOMS

All indicated prices for our products and services don't include sales tax and shipping and handling costs. Prices are subject to change without notice, although items shown online will be supplied at cost shown when ordered.

2.1. Services and deliveries outside Switzerland and Liechtenstein

No sales tax will be charged on all orders outside Switzerland and Liechtenstein, independently of how the product is supplied.

Goods deliveries outside Switzerland and Liechtenstein may be subject to import duties and taxes, which are levied once a shipment reaches your country. Duties, taxes and additional charges for customs clearance vary from country to country and must be payed by you. We are required by law to accurately list the contents and the value of the package, also the amount you paid for the order. Additionally, you must comply with all laws and regulations of the country in which you are receiving the goods, when ordering from our Shop. We have no control over charges and customs policies and cannot predict what they may be. Please contact your local customs office for further information.
 
Please note, that if you either refuse the shipment or refuse payment of any customs charges, we reserve the right to either bill your credit card or deduct the return shipping charges from any credit you may receive. In addition, you are responsible for return shipping charges of any items not allowed to be imported to your country.

2.2. Services and Deliveries within Switzerland and Liechtenstein

In Switzerland, FIOLEX actually is not subject to VAT taxes. No sales tax will be charged on all orders within Switzerland and Liechtenstein.

3. TERMS OF PAYMENT AND SECURITY

We accept credit card payment (Visa, Euro-/Mastercard and Delta).
 
All transactions are secured by SSL (Secure Socket Layer) encryption and occur over secure connections between our site and Paypal, one of the world-leading credit card institutes. Personal information is kept strictly confidential.

4. PURCHASE OF PRODUCTS BY DOWNLOAD AND/OR CONVENTIONAL SHIPMENT

Products and services on FIOLEX GRAPHICS can be purchased by download, conventional shipping, both combined or in other ways. The delivery method for each product is specified on the product description page.

4.1. Delivery by Download

Delivery by Download is the default delivery method for all products that can be distributed digitally (e.g. software, image and media collections). This means, that you immediately gain download access to the respective products after purchasing them. Right after the payment you receive a mail with an activation code or access file. After that, you can immediately download the appropriate product files at your own discretion from our Website.

4.2. Delivery by Download and conventional shipping

Digital products offered as default by Download, may be - if indicated explicitly - also delivered by conventional shipping, for an additional charge plus shipping fee. In these cases you will receive both the authorization to download the purchased product (see 4.1.) and a CD/DVD via conventional shipping.
 
The delivery by conventional shipping of digital products offered as default by download is an optional service and subject to surcharge. See also 4.3.

4.3. Delivery by conventional shipping

Products not offered by Download are supplied by conventional shipment on postal way. The delivery occurs from our warehouse in Switzerland.
 
See also
 
5. Shipping Information
6. Limited Warranty
7. Return Policy

5. SHIPPING INFORMATION

These conditions are valid only for conventional shipment. The delivery occurs from our warehouse in Switzerland to your shipping address. Please note, that deliveries outside Switzerland and Liechtenstein may be subject to import duties and taxes (see 2.).

5.1. Shipping Fees

Shipping fees are calculated based on the destination of your order and on the choosen shipment option. You can see your shipping charge during the order process.
 
Usually, no shipping fees are charged for deliveries to Switzerland, Liechtenstein, Germany and Austria (economy shipment, exceptions reserved).

5.2. Shipping Times

Estimated shipping times are calculated from the time your merchandise leaves our warehouse. Packages are usually shipped from our warehouse within 48 hours of your order. Please note, that the following shipping time does not include the time needed for customs clearance. This may vary from country to country and we cannot predict what they may be.

5.3. Title and Risk of Loss or Damage

Title to products passes from FIOLEX to customer on shipment from our warehouse. Title to software will remain with the applicable licensors.
 
Loss or damage that occurs during shipping by a carrier is customer's responsibility. Upon receipt of a damaged shipment, you must contact the carrier (trucking company) immediately. Save the original packaging and do not use the damaged items. Use of the items will void your warranty, and will prevent your receiving a replacement.

5.4. Product availability

If a purchased product is not available, you may receive your payment back or substitute any available item of equal value. If you choose a more expensive item, the value of the returned item will be credited to the new order, and you will charged the difference in cost. If you choose an item of lessor value, no additional credit or return of partial payment will be afforded.

6. LIMITED WARRANTY

FIOLEX warrants that the products, if properly used and installed, will be free from defects in material and workmanship for a period of one year after the date of purchase. If a product is defective in material or workmanship during the warranty period, FIOLEX will, at its option, a) repair the product, or b) replace the product. If FIOLEX is unable to repair or replace the product, FIOLEX will refund the value of the product, at maximum the lesser of the amount payed by you and the suggested retail price listed by FIOLEX. This limited warranty does not cover damages due to the use of software (see below), external causes, including accident, problems with electrical power, usage not in accordance with product instructions, misuse, neglect, alteration, repair, or improper installation.
 
THIS LIMITED WARRANTY DOES NOT COVER THE PERFORMANCE OR FUNCTIONALITY OF ANY COMPUTER SOFTWARE. It only covers defects in the CD/DVD ROM media such as broken CD/DVD's or other defects in the CD/DVD's that would prevent the CD/DVD from being read by your personal computer's CD/DVD ROM drive. FIOLEX MAKES NO WARRANTY THAT SOFTWARE WILL FUNCTION WITHOUT INTERRUPTION OR OTHERWISE BE FREE OF ANOMALIES AND ERRORS.
 
ALL EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN TIME TO THE TERM OF THIS LIMITED WARRANTY, AND WILL APPLY ONLY TO THE ORIGINAL PURCHASER. NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE LIMITED WARRANTY PERIOD HAS EXPIRED. FIOLEX WILL NOT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES, FOR PRODUCTS NOT BEING AVAILABLE FOR USE, OR FOR LOST DATA OR LOST SOFTWARE. OUR ENTIRE LIABILITY IS LIMITED, WITHOUT EXCEPTION, TO THE REIMBURSEMENT OF THE PURCHASE PRICE OF THE PRODUCT(S), AT MAXIMUM THE LESSER OF THE AMOUNT PAYED BY YOU AND THE SUGGESTED RETAIL PRICE AS LISTED BY FIOLEX.
 
SOME US STATES AND OTHER COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR CERTAIN KIND OF DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
 
See also 7. Return Policy and Warranties and Disclaimer

7. RETURN POLICY

We value our relationship with our customers and want to make sure that they're satisfied with their purchases. That's why we offer you a return policy for most products you purchase directly from FIOLEX. We will accept returns of ordered products within 14 days of receipt, if the conditions below are met.

7.1. Availability

This Return Policy is only available for purchased goods and products delivered via conventional, physical shipping. Purchases by Download, licenses and services delivered digitally via Internet are hereby excluded. For such products and services see Terms and Conditions of Download Services.

7.2. Exclusions

ollowing products are excluded from any returns:
 
- Customized products
- Some third-party or special products (e.g. for special events)
- Digital products delivered online (e.g. via Download or Mail)
- Services
- Opened software, image, audio and video media
- Products purchased through third-party vendors

7.3. Cancellation of Orders

If you wish to cancel a placed order, send immediately an e-mail at sales@fiolex.net. If the order has not been shipped at time of your cancellation, you may receive your payment back (less transaction and handling charges) or substitute any available item of equal value. If the order has already shipped at time of cancellation or you refuses shipment upon delivery, you are fully responsible and will be charged shipping to the destination and return to us, plus all customs charges and a restocking fee of 20%.

7.4. How to return Products: Procedure, Conditions and Responsibility

All products not excluded from this Return Policy may be returned within 14 days from the date of receipt, in case of damages or defects within the warranty period.
 
Before you return any products, it is essential to e-mail or call our customer service within the return policy period, to receive a Return Authorization Number. You must obtain a Return Authorization Number in order to return the products. NO RETURNS will be accepted without this number. You must ship the products to FIOLEX within five days of the date that FIOLEX issues the Return Authorization Number.
 
You must return the products to FIOLEX in their original packaging, unused, in as-new condition along with any media, documentation, and all other items that were included in the original shipment. Software, image-, video- and audio-media must be returned in their original, UNOPENED package. Any form of assembly or alteration of any material is considered to be used and non-returnable.
 
The customer is entirely responsible for return shipping costs as well as items lost or damaged in transit, so we recommend you insure the shipment.
 
When packing your order for return, please be sure all the original packing material and instruction papers and/or manuals are included. We will be unable to process your return if parts are missing, or if items are not packed properly to avoid damage to products and their boxes and/or packages. Final approval of any refund amount is based on final inspection from FIOLEX.

7.5. Return of wrong delivered, damaged or defective Products

In case of wrong delivered, damaged or defective goods, we will pay all shipping costs. We will make every effort to repair or replace the products with identical ones. If the products are no more available, you may receive your payment back or substitute any available product of equal value. If you choose a more expensive product, the value of the returned product will be credited to the new order, and you will charged the difference in cost. If you choose a product of lesser value, no additional credit or return of partial payment will be afforded.

7.6. Return of non defective and non damaged Products

If you wish to return non defective and non damaged products, you may return them by prepaid shipping within 14 days from the date of receipt. In this case all shipping and customs charges, plus a restocking fee of 20% will be deducted from any refund or credit. The products must be in brand new and resalable condition and must meet the requirements described under 7.4.

8. MISCELLANEOUS

FIOLEX reserves the right to change these terms and conditions any time. Should any clause of this agreement become inoperative, this will not affect any other clause, and each of these will remain in full force and effect. This agreement is subject to our General Terms and Conditions.

This agreement is governed by Swiss statutes and laws, without reference to its laws relating to conflicts of law. Venue for all disputes concerning this agreement shall lie exclusively in the courts of Baden, Switzerland.

TERMS AND CONDITIONS OF DOWNLOAD SERVICES

This Agreement is valid for all purchased products and services delivered digitally via Internet and subject both to our General Terms and Conditions, and to our Terms and Conditions of Sale. By using and purchasing our Download Services and digital products, you agree to be bound by and accepts both this agreement and all General/Sales Terms and Conditions.

1. GENERAL
1.1. Copyright and License Agreements

All Download Services and products, including, but not limited to, software, images, audio and video, subject to our Copyright and License Agreements.

1.2. Privacy Policy

FIOLEX is authorized to collect, use and save personal data and information in accordance with the Privacy Policy, if needed and for service purposes.

2. TERMS OF SELL, DELIVERY, COSTS AND RETURN POLICY

In general, the purchase of digital products and services provided digitally via Internet subject to the Terms and Conditions of Sale, unless excluded. The following Special Terms for digital deliveries replace and/or complement related terms in the General Terms and Conditions of Sale.

2.1. Delivery of digital Products

The delivery of digital products occurs via Internet, usually as follows:
 
- Free products are provided to user on public areas of the Website for Download.
- Buyable products are provided to customer on protected areas of the Website for Download.
After purchase, the customer will receive full access to the protected area automatically
and/or via access code.
 
It is your responsibility to download free and/or purchased products from the FIOLEX Website. A purchased digital product is supplied as soon as you received full access to the corresponding Website area. Usually, the access will be provided automatically and/or via access code immediately after purchase.

2.2. Accessing and Downloading Costs

It is your responsibility to obtain and maintain at your own cost and liability all telecommunication and other services, hardware and software that you require to access our website and to use our download services. You acknowledge that we will not be liable in any circumstances for the charges of any telecommunication, systems, services or software provider you incur when you access this website and/or when you use our download services.

2.3. Return Policy for digital Products and Services
2.3.1. General

Returns of downloaded products, including, but not limited to, software, image, audio and video files, are generally only granted in case of wrong, incomplete or defective deliveries (see 2.3.4.).

2.3.2. No Cancellation of Orders on digital Products

Due to the instant Internet access to purchased digital products, we cannot grant cancellation of any order of products delivered/provided via download or other digital delivery method. It is your responsibility to ensure you are ordering the correct product.

2.3.3. No Return on non-defective digital Products

No Returns can be accepted on any kind of non-defective digital products and services purchased and delivered/provided via download or other digital delivery method.

2.3.4. Return on wrong delivered, incomplete or defective digital Products

In case of wrong delivered, incomplete or defective digital products, FIOLEX will repair or replace the products with identical ones. The repaired and/or replaced products will be also provided for Download. If the products are no more available, you may receive your payment back or substitute any available product of equal value. If you choose a more expensive product, the value of the returned product will be credited to the new order, and you will charged the difference in cost. If you choose a product of lesser value, no additional credit or return of partial payment will be afforded.
 
This return policy does not cover the performance or functionality of any computer software, delays for downloading or other communication system delays. See also our Warranty Terms.

2.3.5. Obligations of Customer

All returns for wrong delivered, incomplete or defective digital products must be requested within 14 days after FIOLEX made the digital products available to you for download and/or you received full access to the purchased digital products.
 
To receive a refund for digital products from FIOLEX - if applicable -, you must fill out, sign and date an Affidavit of Software Destruction, and return it to FIOLEX as instructed on the form. You must also destroy all copies of the digital products, including, but not limited to, software, image, audio and video files, you may have made or stored in any place, as well as uninstall the digital products from any computers owned or controlled by you where you have installed and/or copied the digital products. Once you have returned the Affidavit of Software Destruction to FIOLEX, all licenses you may have to use the digital products and services will be immediately terminated, and any further use of the digital products and other services will be an infringement of copyrights as well as other intellectual property rights.

3. AVAILABILITY, TERM AND TERMINATION OF SERVICES
3.1. Availability and Termination of Free Download Services

All free download services are provided "as is", without any warranty, for a non defined period of time and in non defined extent. FIOLEX reserves the right to change or terminate these free services any time, without prior notice.

3.2. Availability, Changes, Term and Termination of payable Download Services
3.2.1. Availability and Term

FIOLEX shall ensure fully availability of selled Download Services for a minimum period of 6 months after purchase, or for the period identified as the Term in the Customer's Service Contract. During this term, the purchased digital products and/or services shall be downloadable by Customer at own discretion and in full extent. However, FIOLEX cannot warranty a fully availability at any time (see 4. WARRANTIES).

3.2.2. Changes on Services

In some cases FIOLEX may be forced to remove or change within the term of the contract part of the contents of the provided services and/or products (e.g. for legal or business reasons). In these cases, FIOLEX reserves the right to remove, change or otherwise restrict access to such contents. For any content that is so culled within the term of contract or the minimum term of 6 months, FIOLEX will make commercially reasonable efforts to supply customer with a reasonable substitute. After the minimum or contract term, FIOLEX shall make changes on services at sole discretion.

3.2.3. Termination

Should FIOLEX be forced to terminate some provided services within the term of contract or the minimum term of 6 months, FIOLEX shall notify such termination to the customer with 30 days' advance. During that timeframe, the customer may fully download the purchased products. Should FIOLEX be forced to terminate some services immediately, without possibility of prior notification to customer, FIOLEX will make commercially reasonable efforts to manually supply customer with a digital copy of purchased products, if the customer has not downloaded them in full extent at time of termination. After the minimum or contract term, FIOLEX shall terminate any services at sole discretion.

4. WARRANTIES

FIOLEX shall use commercially reasonable efforts to ensure an availability of the Internet Download Services of 95% of the time in any 30 day period, except for maintenance and repairs by FIOLEX, and any interruption in Download Services due to causes beyond the control of FIOLEX or that are not reasonably foreseeable by FIOLEX, including, without limitation: loss or theft of data, interruption or failure of telecommunication or digital transmission links, Internet slow-downs or failure, failures or default of third-party software, vendors, products and communications, network/internet connection, or utility interruption or failure. FIOLEX shall have no obligation to reimburse or otherwise compensate the Customer for any loss or expense of any kind resulting from interruption or degradation of the Download Services.
 
ALL DOWNLOAD SERVICES AND DIGITAL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, SOFTWARE, IMAGES, AUDIO AND VIDEO, ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. FIOLEX MAKES NO WARRANTY THAT SOFTWARE WILL FUNCTION WITHOUT INTERRUPTION OR OTHERWISE BE FREE OF ANOMALIES OR ERRORS. FIOLEX USES REASONABLE EFFORTS TO ENSURE THE ACCURACY AND RELIABILITY OF THE PROVIDED DOWNLOAD SERVICES, BUT ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS.
 
NEITHER FIOLEX NOR ITS MANAGER, EMPLOYEES, LICENSORS, PARTNER, AFFILIATES, AGENTS, DISTRIBUTORS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF DATA OR PROFITS, ARISING OUT OF YOUR USE OF, YOUR INABILITY TO USE, OR THE PERFORMANCE OR THE CONTENT OF THESE DOWNLOAD SERVICES, INCLUDING, BUT NOT LIMITED TO, SOFTWARE, IMAGES, AUDIO AND VIDEO, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IN THE EVENT OF NEGLIGENCE. OUR ENTIRE LIABILITY IS LIMITED, WITHOUT EXCEPTION, TO THE REIMBURSEMENT OF THE AMOUNT PAYED BY YOU TO US FOR THE SERVICES OR PRODUCTS.
 
FIOLEX MAY MAKE IMPROVEMENTS OR CHANGES ON THE DOWNLOAD SERVICES AT ANY TIME.
 
SOME US STATES AND OTHER COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR CERTAIN KIND OF DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

5. TERMS OF USE, ACCESS, OBLIGATIONS OF CUSTOMER
5.1. General Terms of Use

All Download Services and products, including, but not limited to, software, images, audio and video, subject to our Copyright and License Agreements. Any use of the Download Services not expressly authorized by this agreement is not allowed and will constitute a breach of this Agreement and infringement of FIOLEX' Intellectual Property Rights. FIOLEX shall have and retain all rights, title and interest, and Intellectual Property Rights in and to the Download Services, including all contents. Using our Download Services you are consenting to all Terms and Conditions.

5.2. Compliance with Laws

THE DOWNLOAD SERVICES MUST BE USED IN COMPLIANCE WITH ALL APPLICABLE LAWS. THE USE, DISPLAY OR DISTRIBUTION OF ALL CONTENTS AND DIGITAL PRODUCTS OF THE DOWNLOAD SERVICES, INCLUDING, BUT NOT LIMITED TO, SOFTWARE, IMAGES, AUDIO AND VIDEO, FOR ANY UNLAWFUL PURPOSES AND/OR TOGETHER WITH PORNOGRAPHIC, OBSCENE, RACIST, DISCRIMINATING, DEFAMATORY OR ABUSIVE MATERIAL, OR WITH MATERIAL DISPLAYING PREJUDICE BASED ON ETHNIC HERITAGE, RACE, RELIGION, SEXUAL ORIENTATION OR AGE IS STRICTLY PROHIBITED.

5.3. Terms for free Download Products and Services

You may freely download, use, copy and share with friends all software, image, video, audio and other contents of our FREE download products and services, in accordance with our Copyright and License Agreements. Commercial Use is not allowed without written permission of FIOLEX. See also the Special Terms section of our License Agreements for more information about the use of free download services.

5.4. Access and use of payable Download Services

FIOLEX hereby grants to the customer a limited, non-exclusive, non-sublicensable and non-transferable license to access and use the Download Services in accordance with the Use, General and License Terms and Conditions. In connection with such use and access, customer may download purchased digital products at any time and at own discretion.

5.5. Obligations of the Customer / Termination

The services shall be made available to customer solely for customer's own use, in accordance with all terms and conditions. The customer may not make the services available to the public or to any third parties without the prior written approval and agreement of FIOLEX.
 
The customer has to provide that all passwords, access codes and other security information that allows an access to the services, may not be accessible to third parties. The customer is fully responsible and liable for all unauthorized use and access of/to the licensed services. The customer agrees to make best efforts to notify FIOLEX immediately of any unauthorized use of any password or any other breach of security known to customer.
 
FIOLEX may suspend or terminate Access to Download Services to the customer at any time without prior notice, in case of an essential violation of these agreements by customer or to prevent damages to, or degradation of, FIOLEX' Internet or systems network integrity which may be caused by the customer.

 

 

 

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