Please read this Software License Agreement ("Agreement") carefully before using the Software. This license agreement is a legal and enforceable contract between you, the end users, and PixFlow and contains the terms, conditions, rights, and limitations associated with your use of PixFlow products ("software"), as that term is defined below.
By initiating the use of the Software, you thereby acknowledge and consent to the terms of this License. If you are accepting these terms on behalf of another person or company or other legal entity, you represent and warrant that you have full authority to bind that person, company or legal entity to these terms. If you do not agree to these terms, you should click the "i do not accept the agreement" or similar button, terminate the download and/or installation process, immediately cease and refrain from accessing or using PixFlow products and delete any copies you may have.
Grant of License
Subject to the terms and conditions outlined in this Agreement, PixFlow hereby grants to you the worldwide, revocable, personal, non-exclusive and non-transferable right to utilize the Software (for the intent of this Agreement, utilization refers to accessing, installing, downloading, copying, or deriving any benefit from the Software's usage) on a single computer for personal and non-commercial purposes, unless you have purchased a commercial license or multi-license from PixFlow. For purposes of this Agreement, the 'Software' includes any updates, enhancements, modifications, revisions, or additions thereto, made by PixFlow and accessible to end-users via PixFlow's official website.
Intellectual Property Rights
The PixFlow software program (a.k.a. the “Software”) and the accompanying written materials are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. PixFlow and its suppliers retain all ownership of, and intellectual property rights in (including copyright).
Restrictions on License Usage
You are prohibited from, and must not permit anyone else to:
- Undertake reverse engineering, reverse compiling, decrypting, disassembling, or any other means of deriving the source code of the Licensed Software, unless such restriction is explicitly prohibited by law.
- Make modifications to, translate, or create derivative works from the Licensed Software.
- Grant sublicenses, resell, rent, lease, distribute, market, commercialize, or transfer rights or usage of the Licensed Software in any other manner, except as explicitly permitted under this Agreement.
- Use the Software on more than one computer at a time, and you’re not allowed to host the software on network for using on multiple computers simultaneously.
- Share the software with others or allow them to view the contents of this software. You cannot use the software for commercial purpose or provide it to multiple users unless you have got commercial/multi-user license.
- Remove, alter, or conceal any copyright notices, proprietary notices, or legends that appear on or within the Licensed Software, or any part of it.
- Embed the Licensed Software into any third-party applications unless prior written authorization is obtained from an authorized officer of PixFlow.
Support Services
PixFlow agrees to provide Licensee with technical support services which include periodic distribution of bug fixes and minor improvements in the form of Updates scheduled by PixFlow. All registered users of PixFlow products are eligible for free limited technical support. Technical support email inquiries are accepted at any time and will be answered during standard operational hours of PixFlow.
Disclaimer of Warranties
As an end user, you acknowledge that the software is provided on an 'as is' basis, without any warranties, express or implied, to the fullest extent permissible under applicable law. Neither the provider nor any other party guarantees that the functionalities within the software will satisfy your requirements or that the operation of the software will be uninterrupted or free from errors. You expressly acknowledge and agree that use of the software is entirely at your own risk and that you assume the entire risk is satisfactory quality, performance, accuracy and effort.
In the event of a warranty claim, the sole liability of PixFlow and its affiliates shall be limited to, at PixFlow's discretion, providing support for the software based on the warranty claim, replacing the software, or, if deemed impractical by PixFlow, refunding the license fee paid by the customer for the software (if any). This limited warranty provides customers with specific legal rights, and customers may have additional rights under local laws that may vary by jurisdiction. PixFlow does not intend to limit customers' warranty rights beyond what is permitted by law.
Limitation of Liability and Damages
Unless mandated by law, PixFlow shall not be held accountable for any indirect, special, incidental, consequential, or exemplary damages resulting from or pertaining to this agreement, or the usage or inability to use the product. This includes, but is not limited to, damages for goodwill loss, lost profits, data loss, computer malfunctions, business interruption or any other commercial damages or losses, business interruption or any other commercial damages or losses, even if PixFlow has been informed of the likelihood of such damages. It is your responsibility to take reasonable steps to prevent such damages, including making backup copies of any valuable data stored on your PC. Regardless of the circumstances, PixFlow's collective liability, along with its affiliates, suppliers, and certificate authorities, under or in connection with this agreement, shall be limited to the amount paid for the software, if any. This limitation shall apply even in the event of a fundamental or material breach of the agreement's terms.
The aforementioned limitations and exclusions shall apply to the extent permitted by the laws of the customer's jurisdiction. In certain jurisdictions, this limitation of liability may not be valid. Consumers may possess rights that cannot be waived under consumer protection and other legislation. PixFlow does not intend to restrict its warranty or remedies beyond what is permitted by law.
Data Privacy
By submitting personal information to PixFlow to this Agreement, including without limitation your name, address and telephone number, you hereby grant your consent for PixFlow to collect, process, transmit, and disclose such information for PixFlow's internal use and specifically for the intended purposes, such as fulfilling billing requirements. Any information that you provide to PixFlow may be used or disclosed by PixFlow only in accordance with PixFlow's privacy policy, which may be viewed as privacy policy.
Severability
If any part of this Agreement is held unenforceable, the validity of all remaining parts will not be affected.
Termination
Without prejudice to your payment obligations, you may terminate your license at any time by uninstalling the Software. However, PixFlow reserves the right to terminate your license if you significantly violate the terms of this Agreement and fail to rectify the violation within thirty (30) days of receiving notification. Upon such termination, you shall promptly return or destroy all copies of the Software and Documentation.
General
This Agreement constitutes the comprehensive obligation of PixFlow and the sole rights of the End User with regard to the subject matter discussed herein, superseding all prior proposals, representations, understandings, and agreements, both oral and written, as well as any other relevant communication exchanged between the parties. If any provision of this Agreement or an Order, or any part thereof, is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions of the Agreement or Order shall remain in full force and effect.
Question or Additional Information
If you have questions regarding this Agreement, please feel free to contact PixFlow.