Software License Agreement (EULA)

PICPRESS LLC
SOFTWARE LICENSE AGREEMENT
Single Use License

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE PICPRESS SOFTWARE (“SOFTWARE”). BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.

This License is in addition to the Terms of Use Agreement applicable to the PicPress Website. In the event of any inconsistency between this License and the Terms of Use Agreement, the terms of this License shall govern.

IMPORTANT NOTE: To the extent that the Software may be used to reproduce, modify, publish or distribute materials (e.g. photos), it is licensed to you only for reproduction, modification, publication and distribution of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce, modify, publish or distribute. If you are uncertain about your right to copy, modify, publish or distribute any material, you should contact your legal advisor.

PERMITTED LICENSE USES AND RESTRICTIONS
You may not use the Software if you do not agree to the terms of the License. You may accept the terms (a) by selecting “I agree” upon installing or updating the Software, (b) by using the Software in any way, such as downloading or uploading any contents made available via the Software, or (c) by merely touring the Software.

PicPress may require you to provide consent to the updated Terms before further use of the Software is permitted. Otherwise, your continual use of the Software constitutes your acceptance of the changes.

  1.  You may not use the Software if (a) you are prohibited by Law from receiving or using the Software, (b) you are not fully able and competent to enter into a binding contract with PicPress, such as if you are not of legal age or have not obtained parental consent. In particular, you affirm that you are over the age of 13 and acknowledge that the Software was not intended for children under 13.
  2. The Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce, modify, publish or distribute.
  3. You may not use the Software for any purpose that is unlawful or prohibited by the License, or to solicit the performance of any illegal activity or other activity that infringes the rights of PicPress or others.
  4. You may not upload to, transmit or publish through, or otherwise display any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
  5. Except as expressly permitted by this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, create derivative works, or otherwise attempt to discover the source code of the Software or any part thereof.
  6. You understand and agree that results from the Software’s features may vary. Use of some Software features will depend on the inherent characteristics of the photos uploaded (including, without limitation, image resolution and size, the camera used to create the photo, and the general quality of the photo.).

PicPress and its licensors reserve the right to change, suspend, remove, or disable access to any features of the Software at any time without notice. In no event will PicPress be liable for the removal of or disabling of access to any such features. PicPress may also impose limits on the use of or access to certain features, in any case and without notice or liability.

If you fail to comply with the above rules, such failure will constitute a violation of the License, and, in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Software.

SINGLE USER LICENSE
A Single User License allows for two installations of the software (e.g. one for your desktop and one for your laptop), provided the computers are run on the same platform, solely owned and used by you, and are never run simultaneously. This License does not allow the Software to exist on more than two computers at a time, and you may not make the Software available over a network where it could be used by multiple computers at the same time.

The Software and any third party software, content, documentation, interfaces, fonts and any data accompanying this License, regardless of form is licensed, not sold, to you by PicPress for use only under the terms of this License, and PicPress reserves all rights not expressly granted to you. You own the media or hardware on which the Software is recorded or downloaded and saved to, but PicPress retains ownership of the Software itself. The terms of this License will govern any software upgrades provided by PicPress that replace and/or supplement the original Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

SUBSCRIPTION TERM OPTIONS
Monthly License. Your monthly subscription plan is billed each month until cancellation. Your plan will start as soon as your credit card is successfully charged and will renew automatically each month until you change or cancel your plan. Price may change at the end of your subscription period with at least 30 days notice prior to the next charge. You may change or cancel your subscription at any time by logging into your account at: https://www.picpress.com/my-account/, or by contacting PicPress at: support@picpress.com. Changes or cancellations will take effect the following billing cycle.

Annual License. Your annual subscription plan is billed annually until cancellation. Your plan will start as soon as your credit card is successfully charged and will renew automatically each year until you change or cancel your plan. Price may change at the end of your subscription period with at least 30 days notice prior to the next charge. You may change or cancel your subscription at any time by logging into your account at: https://www.picpress.com/my-account/, or by contacting PicPress at: support@picpress.com. Changes or cancellations will take effect the following billing cycle.

TRANSFER
You may not rent, lease, lend, sell, sub-licensee, or otherwise distribute the Software. All components of the Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications.

NFR (Not for Resale) Copies. Notwithstanding other sections of this License, Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.

UPGRADES
PicPress, at our discretion, may make available future minor updates or complete upgrades to the PicPress Software for your PicPress-compatible computer. At our discretion, updates and/or upgrades to the Software may be provided; however, updates or upgrades, if any, may not necessarily include all existing software features.

THIRD PARTY SERVICES
The Software may enable access to third party services and websites (referred to hereafter, collectively and individually, as “Third Party Services”). Use of these Third Party Services requires Internet access, may require you to accept additional terms and conditions of that service, and may be subject to additional fees. PicPress has provided access to the Third Party Services as a convenience and has no express or implied obligation to provide any technical or other support for any Third Party Services. Please contact the appropriate software vendor, manufacturer or service provider directly for technical support and customer service related to its software, service and/or products.

You understand that by using any of the Third Party Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Third Party Services at your sole risk and that PicPress shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

To the extent that you upload any content through the use of the Third Party Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of services applicable to the Third Party Services.

We will have the right, at any time and in our sole discretion, to disable third party service features through our Software, as we deem necessary, without liability or prior notice.

INTELLECTUAL PROPERTY NOTICES
Title and intellectual property rights in and to any content displayed by or accessed through the Software belong to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided in this License, this License does not grant you any rights to use such content.

Except as expressly provided in the License, no part of the Software may be copied, reproduced, downloaded, uploaded, publicly displayed, transmitted or distributed in any way to any other computer, server, or other medium for publication or distribution or for any commercial enterprise, without PicPress’s express prior written consent.

You may choose to or we may invite you to submit comments or ideas about the Software, including without limitation, about how to improve the Software (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place PicPress under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, PicPress does not waive any rights to use similar or related ideas previously known to PicPress, or developed by its employees, or obtained from sources other than you.

COPYRIGHT INFRINGEMENT
PicPress respects the Intellectual Property Rights of others and expects its users to do the same. PicPress will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and its response to such notices may include removing the allegedly infringing User Content if accessible via the Site, terminating or disabling the accounts and/or software licenses of repeat infringers, and/or making good-faith attempts to contact the user who posted the User Content at issue so that he may, where appropriate, make a counter-notification.

If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is in connection with the Software, please provide, pursuant to the DMCA, written notification via regular mail (not via email or phone) of claimed copyright infringement to PicPress’s Copyright Agent (contact information below), which must contain all of the following elements:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2.  Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3.  Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PicPress to locate the material.
  4.  Information reasonably sufficient to permit PicPress to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5.  A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6.  A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Before you file such a notification, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney.

PicPress’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:

Attn: DMCA Notice
PicPress, LLC
Address: PO Box 18082, Boulder, CO 80308
Email: copyright@picpress.com

Under penalty of perjury, under Section 17 U.S.C. §512(f) of the DMCA, any person who knowingly materially misrepresents infringement, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by PicPress.

PLEASE NOTE The preceding requirements are intended to comply with PicPress’s rights and obligations under the DMCA, Section 17 U.S.C. §512(c), but do not constitute legal advice.

DIAGNOSTIC AND USAGE DATA
If you opt in to diagnostic and usage collection, you agree that PicPress and its agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Software, and to verify compliance with the terms of this License. PicPress may use this information, as long as it is collected in a form that does not personally identify you, to provide and improve PicPress’s products and services. To enable PicPress’s partners and third party developers to improve their software, hardware and services designed for use with PicPress products, PicPress may also provide any such partner or third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you.

PRIVACY
Your privacy is important to us. At all times your information will be treated in accordance with PicPress’s Privacy Policy, which is incorporated by reference into this License and can be viewed at: https://www.picpress.com/privacy/.

PAYMENT
Fees. Access to the Software requires the purchase of a subscription or membership. PicPress uses Stripe and PayPal to process payments and you must agree to the terms and conditions of your chosen method of payment prior to submitting payment. You are responsible for providing complete and accurate billing and contact information to PicPress. PicPress may suspend or terminate access to the Software if fees are past due.

Auto Renewals. MONTHLY AND ANNUAL SUBSCRIPTIONS WILL AUTOMATICALLY RENEW AND YOU WILL BE AUTOMATICALLY BILLED ON EACH PERIODIC RENEWAL DATE UNTIL CANCELLATION.

Price Changes. From time to time, PicPress may revise subscription rates or prices. You will receive at least 30 days notice prior to the next billing period or charge.

Taxes. You are responsible for paying all taxes levied in connection with the Software. PicPress will charge tax when required to do so.

Collections. In the event PicPress is unable to collect the Subscription Fees owed by you to PicPress for the Software, we may take the steps we deem necessary to collect such Subscription Fees from you. You understand and agree that you will be responsible for all costs and expenses incurred by PicPress in connection with such collection activity.

REFUNDS
Fees already paid are nonrefundable; however, you may submit a cancellation notice at any time. All cancellations will take effect the following billing cycle. Following subscription cancellation, PicPress will terminate or deactivate your software and the associated license number.

TERMINATION
You may cancel your subscription plan at any time. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from PicPress if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Software and destroy all copies, full or partial, of the Software.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PICPRESS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

PICPRESS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE SOFTWARE

WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PICPRESS OR A PICPRESS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL PICPRESS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE AND/OR ANY THIRD PARTY APPLICATIONS IN CONJUNCTION WITH THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PICPRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PICPRESS SOFTWARE IS TO OBTAIN A REFUND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF PICPRESS ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PICPRESS.

Arbitration. In the unlikely event that PicPress has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any PicPress claims for injunctive or other equitable relief) arising out of or in connection with or relating to this License, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Boulder County, Colorado, unless you and PicPress agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing PicPress from seeking injunctive or other equitable relief from the courts as necessary to protect any of PicPress’s proprietary interests.

Class Action Waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOUR ACCESS AND CONTINUED USE OF OUR SITE AND SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

EXPORT CONTROL
You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, and nuclear, chemical or biological weapons.

GOVERNMENT END USERS
The Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

GENERAL
Language. The English version of this License will be the version used when interpreting or construing this License.

Jurisdiction. The Software may not be available in all countries or regions. PicPress makes no representation that the Software is appropriate or available for use in any particular location. To the extent you choose to use the Software, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

Governing Law. This License will be governed by and construed in accordance with the laws of the State of Colorado. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

Severability. If for any reason a court of competent jurisdiction finds any provision of the License, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected by that provision, and the remainder of the License shall continue in full force and effect.

Entire Agreement. The terms within this License shall constitute the entire agreement between you and PicPress with respect to the use of the Software licensed and supersede any prior agreements between you and PicPress on such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by PicPress.

Report Abuse. Please report any violations of the License. Any report or notice provided to PicPress pursuant to the License may be sent via email to: info@picpress.com, Subject: REPORT ABUSE.

You are solely responsible for your familiarity and compliance with any laws that may prohibit you from using the Software. If you have any questions or comments regarding this EULA, please contact: info@picpress.com.

 

Last update: April 13, 2016

 

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