PhotoKit-EL distribution permissions and end-user license agreement
PhotoKit-EL END-USER LICENSE AGREEMENT
IMPORTANT-PLEASE READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Pixel Genius, LLC for the Pixel Genius, LLC software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install the SOFTWARE PRODUCT.
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed as follows:
- Installation and Use. Pixel Genius, LLC grants you the right to install and use copies of the SOFTWARE PRODUCT on your compatible computer and for (1) one primary computer system.
- Portable Computer Use. The primary user of the Computer on which the Software is installed may also make a second copy for his or her exclusive use on a portable Computer provided the Software on the portable Computer is not being used at the same time the Software on the primary computer is being used.
- Backup Copies. You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- Maintenance of Copyright Notices. You must not remove or alter any copyright notices on all copies of the SOFTWARE PRODUCT.
- Distribution. You may not distribute copies of the SOFTWARE PRODUCT to third parties.
- Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT. Any modification of the SOFTWARE PRODUCT shall remain the sole property of Pixel Genius, LLC under federal and international copyright laws and treaties.
- Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT without the expressed written consent of Pixel Genius, LLC.
- Transfer. You may be able transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA, registers the intent to transfer with Pixel Genius, LLC, Pixel Genius, LLC approves the transfer, and recipient pays any applicable transfer fees. Approval of any license transfer is within the sole discretion of Pixel Genius, LLC or its successors in interest.
- Support Services. The Pixel Genius, LLC may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Pixel Genius, LLC polices and programs. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Pixel Genius, LLC as part of the Support Services, Pixel Genius, LLC may use such information for its business purposes, including for product support and development. Pixel Genius, LLC will not utilize such technical information in a form that personally identifies you.
- Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
3. TERMINATION. Without prejudice to any other rights, Pixel Genius, LLC may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT.
4. COPYRIGHT. All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Pixel Genius, LLC All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. Pixel Genius, LLC reserves all rights not expressly granted.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
6. EXPORT RESTRICTIONS. You acknowledge that Software Product is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software Product, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
7. NO WARRANTIES. To the maximum extent permitted by applicable law, Pixel Genius, LLC and its suppliers provide the SOFTWARE PRODUCT and any (if any) Support Services related to the SOFTWARE PRODUCT "AS IS" AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, and CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.
8. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. AS CONSIDERATION FOR THE GRANT OF THIS LICENSE, IN NO EVENT SHALL PIXEL GENIUS, LLC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF PIXEL GENIUS, LLC OR ANY SUPPLIER, AND EVEN IF PIXEL GENIUS, LLC OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Pixel Genius, LLC and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or US$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
10. MISCELLANEOUS. If you acquired this SOFTWARE PRODUCT in the United States, the laws of the State of Illinois govern this EULA. You agree that the laws of the State of Illinois and submit jurisdiction over any disputes arising under the purchase, use or collection of payment of the SOFTWARE PRODUCT shall be in the Circuit Court of Cook County, Illinois. If this SOFTWARE PRODUCT was acquired outside the United States, and you are a foreign national, then you agree to submit to jurisdiction of any dispute arising under the purchase, use or collection of payment of this SOFTWARE PRODUCT shall be in the United States District Court for the Northern District of Illinois, Chicago, Illinois.
Should you have any questions concerning this EULA, or if you desire to contact Pixel Genius, LLC for any reason, please contact the Pixel Genius, LLC at: Pixel Genius, LLC, 624 West Willow Street, Chicago, Illinois 60614.