1.1
The Miza Asset Store is owned and operated by Drief IT Group Ltd (“Drief IT”) 15128702. Your use of the Miza Asset Store is governed by a legal agreement between you and Drief IT Group Ltd consisting of these Asset Store Terms of Service ("Terms") which you accept by checking the box indicating your acceptance of these Terms and/or registering as a user of the Miza Asset Store.
1.2
In addition any Asset that you license from the Miza Asset Store that has been developed by Drief IT or that has been made available by third-parties ("Providers") that are not affiliated with Drief IT will be subject to Drief IT standard Drief IT End User License Agreement ("EULA") which is Appendix 1 to these Terms and which you accept as an integrated part of these Terms by checking the box indicating your acceptance of these Terms and/or registering as a user of the Miza Asset Store. Certain Assets may be governed by a Provider end user license agreement.
1.3
You may use Miza Asset Store to browse locate and download Assets (defined as (i) software designed in order to facilitate the development of electronic applications and digital media; and (ii) content (for example – without limitation – computer graphics including 3D computer graphics sounds and music) tutorials and other digital materials created in order to become incorporated and embedded components of electronic applications and digital media). Some of these Assets may be offered by Drief IT while others may be made available by Providers. You agree that Drief IT is not responsible for any Asset on the Miza Asset Store that originates from a source other than Miza Asset Store. Additionally some Assets may be made available to you at no charge while other Assets may be purchased for a fee. You agree that you are solely responsible for all fees associated with purchases you make on the Miza Asset Store.
1.4
In order to use Miza Asset Store you must be 18 years of age or older. On using the service you warrant that you have legal capacity to enter into the agreement.
2.1
You agree that Drief IT may stop (permanently or temporarily) providing the Miza Asset Store (or any features within the Miza Asset Store) to you or to users generally at Drief IT sole discretion without prior notice to you.
2.2
Drief IT may make available to you various payment processing methods to facilitate the purchase of Assets from the Miza Asset Store. You agree to abide by any relevant terms of service or other legal agreement whether with Drief IT or a third party that governs your use of a given payment processing method. You agree that Drief IT x reserves the right to add or remove payment processing methods at its sole discretion and without notice to you.
2.3
From time to time Drief IT may discover an Asset on the Miza Asset Store that violates the Asset Store Provider Agreement between a Provider and Drief IT or other legal agreements laws regulations or policies. You agree that in such an instance Drief IT retains the right at its sole discretion to demand that such Asset is removed from any computer or other equipment under your control and you agree to promptly comply with such demand.
3.1
In order to access certain services in the Miza Asset Store you may be required to provide information about yourself such as your name address and billing details. You agree that any such information you provide to Drief IT will always be accurate correct and up to date.
3.2
You agree to use the Miza Asset Store only for purposes that are permitted by (a) the Terms and Asset Store Guidelines and (b) any applicable law regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to comply with all local laws and regulations regarding the download installation and/or use of the Assets.
3.3
You agree not to access (or attempt to access) the Miza Asset Store by any means other than through the interface that is provided by Drief IT unless you have been specifically allowed to do so in a separate agreement with Drief IT. You specifically agree not to access (or attempt to access) the Miza Asset Store through any automated means (including use of scripts crawlers or similar technologies from time to time).
3.4
You agree that you will not engage in any activity that interferes with or disrupts the Miza Asset Store (or the servers payment systems or networks which are connected to the Miza Asset Store). You agree that you will not use any of the Assets found on the Miza Asset Store in a way that interferes or disrupts any servers payment systems networks or websites operated by Drief IT or any third party.
3.5
Unless you have been specifically permitted to do so in a separate agreement with Drief IT and except as permitted under the Drief IT -EULA you agree that you will not use reproduce duplicate publicly display publicly perform copy modify adapt translate prepare derivative works of distribute transfer license sublicense rent lease lend sell trade resell or otherwise commercialize or monetize any Asset that you have licensed from the Miza Asset Store for any purpose.
3.6
You agree that you are solely responsible for (and that Drief IT has no responsibility to you or to any third party for) your use of the Miza Asset Store or any Assets any breach of your obligations under the Terms and for the consequences (including loss or damage of any kind which Drief IT Drief IT may suffer) of any such breach.
3.7
You agree to comply with any and all applicable tax laws including the reporting and payment of any taxes arising in connection with your use of the Miza Asset Store or the purchase of Assets through the Miza Asset Store and that the reporting and payment of any such applicable taxes are your responsibility.
3.8
You agree that Drief IT and/or third parties own all right title and interest in and to the Miza Asset Store and the Assets available through the Miza Asset Store including without limitation all applicable Intellectual Property Rights in the Miza Asset Store and Assets. "Intellectual Property Rights" means any and all intellectual property rights wherever in the world and whenever arising (and including any application) including patent laws copyright trade secrets know-how confidential information business names and domain names computer programs trademark laws service marks trade names utility models design rights semi-conductor topography rights database rights goodwill or rights to sue for passing off and any and all other proprietary rights worldwide. You agree that you will not and will not allow any third party to
3.9
While Drief IT does not undertake any legal obligation to monitor pre-screen review flag filter modify refuse or remove any or all Assets or their content from the Miza Asset Store Drief IT reserves the right to do so and if Drief IT is notified by Provider or otherwise becomes aware and determines in its sole discretion that an Asset or any portion thereof (a) violates the intellectual property rights or any other rights of any third party; (b) violates any applicable law or is subject to an injunction; (c) is pornographic obscene or otherwise violates Drief IT hosting policies or other terms of service as may be updated by Drief IT from time to time in its sole discretion; (d) is being distributed by Provider improperly; (e) may create liability for Drief IT; (f) is deemed by Drief IT to have a virus or is deemed to bemalware spyware or have an adverse impact on Drief IT; (g) violates the terms of this Agreement; or (h) the display of the Asset is impacting the integrity of Drief IT servers (i.e. Drief IT end users are unable to access such content or otherwise experience difficulty) Drief IT may demand that Provider fixes the Asset. In addition Drief IT shall itself be entitled to edit and make changes in the Asset. Finally Drief IT shall be entitled to remove the Asset from the Miza Asset Store immediately or reclassify the Asset at its sole discretion. Drief IT reserves the right to suspend and/or bar any Provider from the Miza Asset Store at its sole discretion. Irrespective of the above you agree that by using the Miza Asset Store you may be exposed to Assets that you may find offensive indecent or objectionable and that you use the Miza Asset Store at your own risk.
3.10
You agree that Section 5 ("GENERAL PROHIBITIONS") of the [Sites and Communities Additional Terms] apply to any User Content (as defined in those Additional Terms) on the Miza Asset Store. You further agree that Drief IT [Privacy Policy] applies to your use of the Miza Asset Store.
4.1
Some components of Assets (whether developed by Drief IT or third parties) may also be governed by third-party software licenses. In the event of a conflict between this EULA and any such licenses the third-party software licenses shall prevail with respect only to those components.
5.1
Assets originating from Drief IT and Providers may communicate with Drief IT servers or Providers' servers as the case may be from time to time to check for available updates to the Asset Store and the Assets such as bug fixes patches enhanced functions missing plug-ins and new versions (collectively "Updates"). By installing these Assets you agree to such automatically requested and received Updates. The Asset Store may make connections to remote servers to provide Drief IT with anonymous usage statistics collected by service providers that Drief IT uses to improve the Asset Store. The Asset Store may also have features that confirm your compliance with the terms of this Agreement.
6.1
To the maximum extent permitted by law you agree to defend indemnify and hold harmless Drief IT its affiliates and their respective directors officers employees and agents from and against any and all claims actions suits or proceedings as well as any and all losses liabilities damages costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Miza Asset Store including your licensing downloading installation or use of any Assets or your violation of these Terms.
7.1
These Terms will continue to apply until terminated by either you or Drief IT as set out below.
7.2
If you want to terminate these Terms you may do so by ceasing your use of the Miza Asset Store and any Assets downloaded from the Miza Asset Store.
7.3
Drief IT may at any time terminate these Terms with you if (a) you have breached any provision of these Terms; or (b) Drief IT is required to do so by law; or (c) Drief IT decides to no longer provide the Miza Asset Store.
7.4
When these Terms come to an end all of the legal rights obligations and liabilities that you and Drief IT have benefited from been subject to (or which have accrued over time whilst these Terms have been in force) or which are expressed to continue indefinitely shall be unaffected by this cessation and the provisions of Section 12.7 shall continue to apply to such rights obligations and liabilities indefinitely.
8.1
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE ASSET STORE AND ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MIZA ASSET STORE IS AT YOUR SOLE RISK AND THAT THE MIZA ASSET STORE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN PARTICULAR DRIEF IT ITS SUBSIDIARIES HOLDING COMPANIES AND AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
8.2
YOUR USE OF THE MIZA ASSET STORE AND ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MIZA ASSET STORE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
8.3
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW DRIEF IT FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES TERMS OR CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY SATISFACTORY QUALITY FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE MIZA ASSET STORE AS WELL AS THE MIZA ASSET STORE ITSELF.
8.4
NONE OF THE ASSETS ARE INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES LIFE SUPPORT SYSTEMS EMERGENCY COMMUNICATIONS AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS AIR TRAFFIC CONTROL SYSTEMS OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE ASSETS COULD LEAD TO DEATH PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
9.1
DRIEF IT AND ITS SUBSIDIARIES HOLDING COMPANIES AND OTHER AFFILIATES TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY UNDER THESE TERMS WILL BE LIMITED TO THE AMOUNTS PAID TO DRIEF IT BY YOU IN THE PAST SIX MONTHS FOR THE ASSETS RELATING TO THE DISPUTE. IN NO EVENT WILL DRIEF IT OR ITS SUBSIDIARIES HOLDING COMPANIES AND OTHER AFFILIATES SHALL BE LIABLE TO YOU FOR ANY SPECIAL INCIDENTAL EXEMPLARY PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA BUSINESS PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE ASSET STORE OR ANY ASSETS LICENSED DOWNLOADED OR OTHERWISE OBTAINED FROM THE MIZA ASSET STORE WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT WARRANTY TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT DRIEF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
9.2
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DRIEF IT ITS SUBSIDIARIES HOLDING COMPANIES AND AFFILIATES AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF (A) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS ACCURACY OR EXISTENCE OF ANY ADVERTISING OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY DEVELOPER ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS IN THE ASSETS OR ON THE MIZA ASSET STORE; (B) ANY CHANGES WHICH DRIEF IT MAY MAKE TO THE ASSETS OR ON THE MIZA ASSET STORE OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE MIZA ASSET STORE OR THE ASSETS (OR ANY FEATURES WITHIN THE ASSETS); (C) THE DELETION OF CORRUPTION OF OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE MIZA ASSET STORE OR THE ASSETS; OR (D) YOUR FAILURE TO PROVIDE DRIEF IT WITH ACCURATE ACCOUNT INFORMATION;
9.3
NOTHING IN THE TERMS EXCLUDES THE LIABILITY FOR DRIEF IT SED BY NEGLIGENCE; (B) FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED BY APPLICABLE LAW.
10.1
Drief IT may add or make changes to the Terms from time to time. When these changes are made Drief IT will make a new copy of the Terms available at the Miza Asset Store.
10.2
You understand and agree that if you use the Miza Asset Store and the Assets after the date on which the Terms have changed Drief IT will treat your use as acceptance of the updated Terms.
Drief IT may in its discretion give you the option to contribute funds (“Program Funds”) directly to the licensor of an Asset (hereinafter referred to as the “Program”).
11.1
Your Program Funds less any applicable taxes or banking fees will be distributed to the Licensor who is a party to the EULA for the Asset in question whether that is Drief IT or a third-party Provider unless the Provider has not provided Drief IT with adequate information to disburse the Program Funds.
11.2
Where the Provider has not provided Drief IT with a valid payment method Drief IT will contribute the Program Funds to a charitable organization of its choice. The terms “charitable” “donation” and “contribution” are informational only and not intended as tax or legal conclusions. For clarity Program Funds are taxable whether or not contributed to a charitable organization under this Section 11.2.
11.3
Program funds are non-refundable for any reason.
12.1
These Terms constitutes the whole legal agreement between you and Drief IT regarding your use of the Miza Asset Store and the Assets and completely replace any prior agreements between you and Drief IT in relation to the Miza Asset Store and the Assets. Each party confirms that in entering into the Terms it has not relied upon any representations or statements not expressly incorporated herein. Notwithstanding anything else in the Terms neither party limits or excludes liability for fraudulent misrepresentation.
12.2
You agree that if Drief IT does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Drief IT has the benefit of under any applicable law) this will not be taken to be a formal waiver of Drief IT x rights and that those rights or remedies will still be available to Drief IT.
12.3
If any court of law having the jurisdiction to decide on this matter rules that any provision of these Terms is invalid then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable.
12.4
You acknowledge and agree that each member of the group of companies with which Drief IT is affiliated shall be third party beneficiaries to these Terms and that such other companies shall be entitled to directly enforce and rely upon any provision of these Terms that confers a benefit on (or rights in favour of) them. Other than this no other person or company shall be third party beneficiaries to these Terms. (whether pursuant to the contract law or otherwise).
12.5
The rights granted in the Terms may not be assigned or transferred by you without the prior written approval of Drief IT. Nor shall you be permitted to delegate your responsibilities or obligations under these Terms without the prior written approval of Drief IT.
12.6
The rights granted in the Terms may be assigned or transferred by Drief IT without your prior written approval. In addition Drief IT shall be permitted to delegate its responsibilities or obligations under these Terms without your written approval.
12.7
These Terms and your relationship with Drief IT under these Terms shall be governed by the laws of United Kingdom without regard to its conflict of laws provisions. Any dispute arising out of or in connection with these Terms including any disputes regarding the existence validity or termination thereof shall be settled by simplified arbitration. Notwithstanding this you agree that Drief IT shall still be allowed to apply for injunctive remedies (or an equivalent type ofurgent legal relief) in any jurisdiction.
