1. “Service” refers to license, transmission, or purchase of Content or Goods to and from Us via the Website, or other websites under the control of Tri Soft.
2. “Content” refers to any digital material available for sale or download from the Website including, but not limited to software products, apps, video games and video game modifications.
3. “Goods” refers to physical products available for sale from the Website including, but not limited to Content stored on physical storage devices, electronics, stands, mounts and merchandise.
4. “For Sale” refers to Content that requires a purchase of license rights, as opposed to Content available for free download.
5. “Valid Sale” refers to a sale of license rights in Content, sale of Goods or other property via the Website, where the transfer of monetary value from the Buyer to the Seller has been successfully completed. Cancelled, incomplete, fraudulent or refunded sales are not considered Valid Sales.
6. “Seller” refers to Tri Soft as a business entity as well as individuals or businesses who are directly employed or commissioned by Tri Soft to produce Content for sale or free download.
7. “Member” refers to any individual who creates a registration on the Website, or in any way uses services provided by Tri Soft. Should an individual access these services or enter in a legal agreement on behalf of a business entity, the business entity is also considered a Member.
8. “Buyer” refers to a Member who purchases Content For Sale, Goods or additional license rights from Tri Soft.
II. License Agreement Between Seller and Member Regarding Content
A Valid Sale of license to Content For Sale or the obtainment of license to free Content via the process of free download grants to the Member a license to the Content as defined by its End User License Agreement and according to the license rights granted to the Member. Should the Content not include or state an individual End User License Agreement, or should the terms in such agreement be in contrast with the Terms, the Terms shall take precedence.
The Seller retains ownership of the copyrights and all other rights to Content purchased or downloaded by any Member.
2. Valid License.
A Member may not claim ownership of any license rights relating to Content For Sale until the successful transfer of monetary value from the Member to the Seller. All license rights terminate immediately and without notice if a sale is reversed or invalidated.
3. Rights Granted.
3.1. After obtaining a valid license to Content available for free via a product download, the Member may use the Content on an unlimited electronic devices under the possession of the Member. Content available for free may only be used for personal use and/or for testing purposes by the Member.
3.2. After the completion of a Valid Sale of license to Content For Sale, the Buyer may use the Content on a sole electronic device under the possession of the Member.
4. Rights Not Granted.
Any other rights included in copyright are excluded from this license and remain property of the Seller.
5. Resale And Redistribution.
5.1. Members may not redistribute, sell or resell Content, parts of Content, or modified versions of Content provided For Sale or free download.
5.2. Members may not resell or redistribute Content in the form of, or as a part of a stand-alone physical product or device.
5.3. Members are responsible to keep copies of Content safe from unauthorized access. This includes, but is not limited to, storage media devices or file storage services directly accessible thought local area networks or the Internet.
6. 3rd Party Intellectual Property.
Content may contain trademarked logos or other intellectual property. It is the sole responsibility of the Member to consult their trademark advisor about the necessary legal actions required to obtain permission to use the materials in question, prior the use of the Content.
7. Business Customers.
In the event when an individual purchases content on behalf of a business entity, both the individual and the business become Members; all limitations and restrictions apply to both Members. Upon a purchase of Content or additional license rights, the business entity becomes the Buyer. As such, the business reserves the right to continue operating under the license agreement even after the individual who made the purchase ceases being its employee. Tri Soft requires individuals purchasing Content on behalf of a business entity to state the name of the business prior a purchase. Entering the name of the business in the sign-up form or in the comment field when placing a purchase is sufficient.
8. Refunds and Returned Content.
8.1. All purchases of Content are considered final and are non-refundable after the Content has been downloaded and activated.
8.2. Returns of Content that has not been activated are handled on a per-case basis. Tri Soft reserves the right to choose whether to issue a reimbursement in the form of a voucher for the amount of the returned Content or offer customers the possibility to exchange the Content for another digital product of the same value. Issued vouchers may only be redeemed within the Website’s ordering system.
8.3. Returns must be claimed within seven days of the completion of a purchase.
8.4. Should a return be initiated, the Member must immediately destroy any and all copies of the Content contained on media devices or file storage services in possession or control of the Member. In the event a product is returned, the Member looses all license rights to the returned Contend granted by the license agreement.
All Content is provided on an “AS IS” basis and is subject to the disclaimer of warranties described in the Terms.
10. Prohibited Uses.
10.1. Content is not to be subjugated to reverse engineering, data analysis.
10.2. Content is not to be used in any way to suggest or spur racism, ethnic or religious hatred.
10.3. Content is not to be used for any purpose, containing or suggesting mature, explicit or pornographic content.
III. Terms and Conditions Concerning Goods
Goods are only shipped to the Buyer after a Valid Sale has been confirmed by Us. Items remain Seller’s property until the collection of the order.
2. Physical Content.
When Content is purchased in the form of Goods, such as when Content is sold on a physical media device or storage medium, the Content is licensed and not ‘sold’. The license terms under which the Content is provided to the Buyer are defined in the Terms.
3. Shipping and Delivery.
We aim to ship Goods as quickly as possible. Delivery times for Goods stated on the Website are in no way a guarantee and are based on approximations.
4. Order retraction and cancellation.
Tri Soft reserves the right to cancel an order for any reason including, but not limited to lack of availability of the Goods on stock, typographic errors or misspellings in listed prices or product descriptions. In the case of order cancellation, the Buyer will be notified by email. Completed payments shall be refunded in full using the same payment method in which the Buyer has completed the payment.
5. Refunds and Returned Goods.
5.1. The Buyer may return delivered Goods within 14 days of the delivery date.
5.2. The Buyer must first contact Tri Soft to initiate a product return and refund procedure.
5.3. Shipping fees and costs for the return of Goods remain responsibility of the Buyer.
5.4. The original shipping costs for the delivery of Goods are not refundable.
5.4. The right of return only applies to Goods that are returned in their original, complete working condition (packaging, accessories, user guides, etc.). Any product that has been damaged, or is not in its original packaging, or has packaging that has been damaged beyond simply opening the product, will not be refunded. The Buyer will be refunded the value of the Goods, once Goods are received by Tri Soft within 14 days.
6.1. Goods offered through the Website are subject to warranties provided by their respective manufacturers as described in the product documentation or other supportive documents.
6.2. Goods offered on the Website shall be suitable only for their designed and intended purpose. The Buyer must ensure the Goods are handled, stored, installed, used, or otherwise dealt with in a normal and reasonable manner, and where applicable, in a manner consistent with the instructions provided in their respective documentations, or provided when the Goods were purchased.
6.3. Tri Soft shall not be liable for any action or claim for injury or damages of whatever nature arising from or in connection with use of the Goods or in breach of the Terms.
IV. Website End User License Agreement
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS WEBSITE.
By using the Website or Services, You indicate that You have read the following terms and conditions, understand them, and agree to be bound by them. If You do not agree to these terms, do not use the Website or Services.
1. Obligations and Conduct
1.1. In consideration of Your use of the Website, You agree to: (a) provide accurate, current, and complete information about You as may be prompted by a registration form on the Website (the “Registration Data”); (b) maintain the confidentiality of Your password and ID; and (c) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website.
1.2. You are entirely responsible for all content that You upload, post or otherwise transmit via the Website. You agree not to upload, post or otherwise transmit via the Website any content that: (a) is false, misleading, harmful, obscene, indecent, pornographic, defamatory, racist, violent, offensive, threatening, harassing, or otherwise objectionable to Tri Soft or other users of the Website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Tri Soft reserves the right to edit or remove content that violates these Terms or which contains third-party commercial advertisements.
1.3. You agree that You will not use the Website to: (a) transmit spam, bulk, or unsolicited communications; (b) pretend to be Tri Soft or someone else, or spoof Tri Soft’s or someone else’s identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted to or via the Website; (d) misrepresent Your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Website; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users. Tri Soft reserves the right to report any wrongdoing, if We become aware of it, to the applicable government agencies or otherwise.
1.4. You agree that You will not link to the Website using any techniques that display the Website within a frame, partial window, popup, pop-under, or any other non-standard linking method.
1.5. You agree to not use any robot, spider, other automatic device, or manual process to monitor or copy the Website pages or the content contained therein for the purpose of finding or creating exploits from/on the Website or for obtaining personal or other sensitive information from the Website.
3. Intellectual Property
3.1. The Website, including visual materials and parts of the layout and design, as well as all information provided by Tri Soft are copyrighted material. Unauthorized use of any of the materials on this Website may violate copyright, trademark and/or other laws. Unless expressly authorized to do so by Tri Soft, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Website content or the content of other users on the Website, in whole or in part, by any means. You may not modify, decompile, or reverse engineer the Website or any software related to the operation of the Website or the Content. You may not remove or modify any copyright or trademark notice, or other notice of ownership found anywhere on the Website.
3.2. All names, marks, brands, logos, designs, trade dress, slogans and other designations Tri Soft uses in connection with its products and services (“Tri Soft Trademarks”) are the property of Tri Soft Ltd. You may not copy, use, remove, or alter any Tri Soft Trademarks, or co-brand Your own products or material with such Trademarks, without Tri Soft’s prior written consent. You acknowledge Tri Soft’s rights in the Tri Soft Trademarks and agree that any use of such Trademarks by You shall inure to Tri Soft’s sole benefit. You agree not to incorporate any Tri Soft Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations.
3.3. Certain Website content may be licensed from third parties and all such third party content and all intellectual property rights related to such content belong to the respective third parties. All third party trademarks and/or logos used on the Website are the trademarks, service marks, or logos of their respective owners. Nothing in these Terms shall confer any right of ownership of any of such third party content and/or trademarks.
3.4. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring to You any license to any Tri Soft or third party intellectual property rights, whether by estoppel, implication, or otherwise. Unless explicitly stated herein, no permission is granted to You to copy, remove, publicly display, modify, or otherwise use any Tri Soft Trademarks, third party trademarks, or other content on this Website.
4. Forums and Interactive Areas.
Certain interactive areas of the Website (forums, blogs, etc.) may exhibit information, ideas, or content submitted by Members. Tri Soft does not claim ownership of information or content submitted by You or other Members and shall not be liable for any such information/ content.
5. Termination of License Rights.
Your violation of these terms leads to an automatic termination of Your rights under this license. Tri Soft reserves the right to terminate Your rights under this license at any time, should Your actions be suspected to infringe these Terms. Upon termination, You agree to discontinue Your use of the Website and Service.
V. General Terms Applicable to all Members and Other Parties Using the Website or Services in Any Way.
You agree to indemnify and hold Tri Soft and its affiliates, shareholders, officers, directors, licensors, licensee, suppliers, partners, representatives, agents and employees (“Affiliates”) harmless from and against any and all liabilities, losses, damages, claims, penalties, judgments, debts, interest, obligations, demands and expenses, including attorney’s fees and expenses, made by any third party due to, or arising out of Your Content, Your violation of the Terms, Your use or misuse of the Website or Content (including any use by You on behalf of a business entity), Your violation of any other rights.
2. LIMITATION OF LIABILITY.
In no event shall Tri Soft or its Affiliates be liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, profits, revenue, data, use, or other economic advantage) arising out of or in connection with the use of or the inability to use this website or any product, Content or Goods obtained through this website or any decision made or action taken by You in reliance upon any information provided through this website, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if Tri Soft has previously been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue Your access to and use of the Website and Content.
3. MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS.
Tri Soft reserves the right to modify, suspend or terminate the Services (or any part thereof), and/or Your access to the Services, with or without notice. Furthermore, Tri Soft reserves the right to delete or alter Content and/or information related to Content, with or without notice. Tri Soft shall not be liable to You or any third party for any modification or termination of the Services, or any deletion or alternation of the Content or information. Tri Soft may amend the Terms at any time without notice. Amendments of the Terms will be made available at the Website, it is Your responsibility to review the Terms prior use of the Services.
4. DISCLAIMER OF WARRANTIES.
4.1. Tri Soft makes reasonable efforts to ensure that all materials, information and data on this website are accurate and reliable, however, accuracy cannot be guaranteed.
4.2. The Website and Content, including any information or Services, are provided on an “AS IS” basis. Tri Soft disclaims all applicable warranties, conditions and representations, express or implied, including without limitation any implied warranty of merchantability, fitness for a particular purpose, satisfactory quality, title and non-infringement. Tri Soft makes no warranties, conditions, representations or guarantees regarding the quality, truthfulness, accuracy, completeness, timeliness or reliability of the Website, Content or other materials or information obtained from the Website.
4.3. Tri Soft makes no warranty or representation that: (a) the Website will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Website or materials available at the Website will be effective, accurate or reliable; (c) the quality of any products, services, or information purchased or obtained from the Website will meet Your expectations or requirements; or (d) any errors in the Website or Content obtained from the Website will be corrected.
4.4. You assume all risk for any damage to Your computer system or loss of data that results from the use of the Website or any Content obtained from the Website, including any damages resulting from computer viruses or other types of malicious software.
4.5. No advice or information, whether oral or written, obtained by You from Tri Soft or through the Website shall create any warranty not expressly made herein.
VI. Other Rights and Limitations
1. The Terms constitute the entire agreement between You and Tri Soft relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and signed by an official representative of Tri Soft. You must not assign or otherwise transfer the Terms or any right granted hereunder. You may also be subject to additional terms and conditions that may apply when You license or purchase Content or third-party products or services from Tri Soft.
2. You agree that any material breach of the Terms will result in irreparable harm to Tri Soft for which damages may be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Tri Soft will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Tri Soft seeks such an injunction.
3. Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
4. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
5. The Website may contain links to non- Tri Soft operated websites. These links are provided for convenience purposes, and Tri Soft has no control over the content of any such web sites. Furthermore, a link to a non- Tri Soft website does not imply that Tri Soft endorses or accepts any responsibility for the content or use of that web site.
6. Tri Soft may provide notice to You via email, regular mail, or posting notices or links to notices on the Website.
7. Tri Soft reserves the right to change the terms of this agreement with or without notice at any time.