Movie Maker Accessories Terms of Sale Agreement

7 Movie Maker Accessories Terms of Sale Agreement


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Terms of Sale for Windows® Movie Maker Effects created by Nifter.com

Terms of Sale Information
The Terms of Sale Agreement on this page applies to any and all add-ons, plug-ins and/or other accessories created by Nifter.com specifically for Windows® Movie Maker. This includes but is not limited to, titles and credits, effects and transition products. Because these product types are of a general similarity, differing only in internal coding whilte of the same file type, a single Terms of Sale Agreement is suitable for the purpose intended.

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Terms of Sale Agreement for Windows® Movie Maker Accessories created by Nifter.com

This document is a legal agreement between you, the purchaser of the product, whether a single entity or otherwise, and Nifter.com, the seller of this item.  This document serves as both the Terms of Sale Agreement and End User License Agreement (EULA) for the sale and/or use of the product.  Purchase of the product signifies that you have fully read, understand and agree in full to all of the terms and conditions contained within this document, that it is the final contract for this product and that it supercedes any earlier contract.  If there is any portion of this contract that you do not agree with, question or do not understand then you should not purchase this item until such time that the contents of this entire document are satisfactory to you.  You are welcome to address questions and/or concerns to support@nifter.com at any time before the purchase of the product.  As noted above and repeated here, the purchase of this item is verification that you have read, understand and agree to the contents of this document.  The agreement between parties this document verifies cannot be recinded without a signed agreement in writing by both parties that verifies this action.  Failure to read, understand and/or agree to any and all terms and/or conditions contained herein is not grounds for withdrawal from this contract at any time and/or for any reason whatsoever.

The digital media files contained within the purchased package together and collectively comprise the whole of the item and may be referred to as the 'item,' 'collection,' 'package,' 'product' or with the use of other terminology throughout this document.  Excepting where specified it is understood that, when reference to the purchased item is made anywhere in this document it is the whole of the item that is being referenced regardless of the terminology used to describe the item including but not limited to the terms listed above and that all media individually and collectively is the item being referred to with any other terminology used to describe the item.

This Terms of Sale Agreement applies to any and all products created by Nifter.com and intended for exclusive use with Windows® Movie Maker, a Microsoft® Corporation product.  Products created by Nifter.com for exclusive use with Windows® Movie Maker include but are not limited to the following: 'transitions,' 'effects' and 'titles and credits' which are the common names used to describe internal tools used within the Movie Maker software environment by users of the Windows® Movie Maker software.  As a purchaser and/or user of one of these products you understand that, regardless of the type of product, if it is stated by Nifter.com that the product is intended for use with Windows® Movie Maker, regardless of whether the product could be used with other software and/or another product or not, it is considered for the purposes of this agreement to be 'exclusive use' and subject to the terms and conditions contained within this Terms of Sale Agreement.  Further, you understand and agree that the product is intended to be used exclusively with Windows® Movie Maker and that Nifter.com makes no claim otherwise.  'Exclusive use' additionally defines the sole intended purpose for the product which in the case of the products this Terms of Sale Agreement applies to represents the software with which the product must be used with to comply with the agreement and that the software is Windows® Movie Maker and no other software and/or product.

Contents of the Product
You agree to accept the number and types of files as delivered to you by Nifter.com to complete the sale of this product as the full, complete and total product and that no additional files will be expected nor can they be demanded for any reason whatsoever including but not limited to failure to deliver the total amount of the package as expected at time of purchase.  You agree to accept the package 'as is' with no expectations of additional files, products or services of any kind at any time whether now or in the future.  Further, you understand  and agree that each and all individual and/or separate components of the product that make up the whole of the product carry the same conditions and 'as is' status as the package as a whole carries.  Nifter.com nor any of its agents or distributors do not guarantee the quality of the files in this package nor can we or our agents or distributors guarantee that non-functional files (commonly called corrupt files) do not exist within the package.  Further there is no guarantee, promise and/or warranty either explicit or implied that warrants the product will suit your needs, purposes or expectations.  You are purchasing this package individually and collectively 'as is' and as a final sale with no further expectations implied or offered.  It is your sole responsibility to ensure the product is compatible with its intended target use and failure to do so does not nullify nor change this agreement in any fashion whatsoever.  'Intended target use' includes but is not limited to the computer operating system you install and/or use the product on and/or the software you install and/or use the product with whether the intended target use was deemed acceptable by Nifter.com or otherwise.  You must pre-determine (before purchasing the product) that it is compatible with the intended target use within your own computer hardware and/or software you expect to install and/or use it with.  No refund, exchange or credit of any kind will be given for failure to ensure compatibility before and/or after purchase.  There is no reasonble method for Nifter.com to discern between honest errors on the purchasers part or attempts to defraud Nifter.com by providing false information (for example, the purchaser claims he or she did not realize the product was incompatible with his or her operating system) and this unfortunate fact is one of the reasons no refunds are available for the above or any other reason whatsoever.  (See Refunds, Exchange or Credit)

Use of the Product, License, Copyright, Prohibitions and Product Condition
The product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.  This product is licensed, not sold.  You understand and agree that any and all monies and/or other credits transferred to Nifter.com for the purchase and/or receipt of this product are freely given as a licensing fee and not for transfer of ownership of the product or any part of the product.  Nifter.com retains ownership, full copyright and reserves all rights to each and every part of the product and the product as a whole.  In the event part or parts of the product (for example, individual, separate files such transitions, effects, titles, credits) are disallowed copyright protection and/or infringe on a third party's copyright by law, you understand and accept that Nifter.com will still retain the copyright to the package as a whole and has full control over distribution rights of the product as a whole.  The case of a disallowed copyright and/or copyright infringment by Nifter.com does not give you license to distribute the product in any manner whatsoever.  The license allows you to use the product under certain terms and conditions as outlined in this contract and for no other reason or reasons whatsoever regardless of any consequences this may have before, during or after the sale has been made.  Nifter.com grants you the right to install and use copies of the product on a private computer which is owned or rented by you and running a validly licensed copy of the operating system for which the product was designed.  The product may be used on more than one computer provided that all computers the product is installed, copied to or used on reside within the same household.  'Household' is defined as your and your's only primary residence and that part of the property of which you occupy as your primary residence only.  'Household' does ot include any other households, residences or living quarters within a building or buildings or that which exists on the same property as your primary residence and/or are not solely occupied by you as a primary residence.  You may make copies of the product as may be necessary for personal backup and archival purposes.

You may not distribute, rent, sub-license or otherwise make available to others any part or parts of the product or documentation or copies thereof whether individually or as a whole except as expressly permitted in this contract/license without prior written consent from Nifter.com. In the case of an authorized transfer, the transferee must agree to be bound by the terms and conditions of this Terms of Sale Agreement otherwise which the transfer is null and void and subject to legal consequence.

You must not remove or alter any copyright notices from any part of the specific product included with the sale nor any other included materials, media or otherwise that are included in the delivered package as the product and/or are part of the package as a whole.

No Warranties
Nifter.com expressly disclaims any warranty for the product. The product is provided strictly 'as is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose.  Nifter.com does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or any other items contained within the product nor does Nifter.com warrant that information contained on the nifter.com website pertaining to this product is 100% accurate.  Errors and/or omissions in and of any provided information, whether on the nifter.com website, provided as part of the product or information received by email or any other source, is accepted by you as a normal possibility of human and/or mechanical error and does not constitue grounds for dismissal of this contract or receipt of any credit of any kind towards monies already paid for the product or credits of any kind to be received at any other time before and/or after the purchase of the product. Nifter.com makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or any other such computer program. Nifter.com further expressly disclaims any warranty or representation to Authorized Users or to any third party.  Use of this product in whole or in part in any fashion signifies a full understanding that the product is sold and has been purchased on an 'as is" basis without any warranties and/or guarantees of any kind either expressly or implied.  Failure to read, understand and/or agree to any part of this Terms of Sale Agreement is not grounds for dismissal of the contract or a refund, exchange or any other credit of any kind.  This Terms of Sale Agreement was made availabe before purchase and understanding of and agreement with the entire contents of the Terms of Sale Agreement was a necessary step in the purchase process of which you completed before purchasing this product.  Failure to have fully read, understand and agree to the Terms of Sale Agreement at that time (prior to the point of sale) is not the responsibility of Nifter.com and does not constitue any grounds for dismissal of the contract or a refund, exchange or credit of any kind towards the purchase of the product or for any other reason regardless of the reason you failed to read, understand and/or agree to this contract.

Refunds, Exchange or Credit
Due to the fact that digital media can be easily transferred to any computer storage device making it impossible for Nifter.com to distinguish between honest and dishonest requests, we regret that no refund, exchange or credit of any kind is offered for this purchase regardless of reason(s) or circumstance(s).  You fully understand this policy and agree that no refund, exchange or credit of any kind is offered with this sale and that the purchase of this item completes the transaction with Nifter.com.  You understand fully and agree that the purchase of the product is a final sale transaction sold on an 'as is' basis and protected by the terms and conditions in this contract.

Personal Copy of the Terms of Sale Agreement
It is your responsibility to make a copy of and/or print out this Terms of Sale Agreement to ensure that the terms and conditions contained herein will be abided by at all times and to provide a personal copy of the Terms of Sale Agreement to yourself and/or the purchaser/owner/user of the product for legal and/or other purposes.  Failure to create and keep a copy of this Terms of Sale Agreement does not constitute grounds for avoidance of any terms and/or conditions and/or other factors contained in the contract in any way and/or for any reason whatsoever.

Understanding, Agreement To and Acceptance of this Contract
You fully and completely understand the entirety of this contract, the Terms of Sale Agreement, in all of its aspects whether clearly defined or implicated and agree to be bound by all of its terms and conditions and declare that you have accepted the above with full understanding and agreement to all of the terms and conditions before purchasing the product.  Further, you agree that you have accepted this contract with sound mind and that you made the decision to purchase the product with full knowledge and the understanding, agreement to and acceptance of this contract in full.

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