END-USER LICENSE AGREEMENT
1. End-User License Agreement ("Agreement")
Last updated: December 3, 2021
Please read this End-User License Agreement carefully before clicking the "I Agree" button, downloading or using PhotoBooster.
2. Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this End-User License Agreement:
Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application. This Agreement has been created with the help of the EULA Generator.
Application means the software program provided by the Company downloaded by You to a Device, named PhotoBooster
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to PhotoBooster.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Country refers to: United Kindom
Device means any device that can access the Application such as a computer, a cellphone or a digital tablet.
Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.
You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
By clicking the "I Agree" button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download or do not use the Application.
This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
4.1 Scope of License
The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.
The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
5. Installation and Use
This license permits You to install the Application on more than one Device, as long as the Application will not be used on more than one Device simultaneously.
The Application and accompanying documentation may be copied only as essential for backup or archive purposes in support of Your use of the Application as permitted hereunder. You must reproduce
and include all copyright notices and any other proprietary rights notices appearing on the Application on any copies that You make.
You agree not to, and you will not permit others to:
a. License, sublicense, sell, rent, lease, assign, distribute, transfer, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application or Your license keys available to any third party.
b. Translate, adapt, vary, modify, alter, improve, enchance, create derivative works based upon, or integrate any other computer programs with, the Application in whole or in part.
c. Reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, non-public APIs or decrypt the Application, except as permitted by law.
d. Use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Company.
e. Use the Application to engage in or allow others to engage in any illegal activity.
f. Unbundle, break apart or repackage the Application or any of its component parts for any reason whatsoever.
g. Bundle or distribute the Application in any manner whatsoever.
h. Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the Application.
i. Infringe the intellectual property rights or other rights of any third party.
j. Reject, avoid, elude, remove, deactivate, or evade, in any way, any protection mechanism of the Application, including without limitation any mechanism used to restrict or control Application functions.
k. Use Application in a time-sharing arrangement or service bureau use.
l. Circumventing any technology used by the Company, its licensors, or any third party.
m. Manipulating Application by using a script or other automated process.
n. Using any automated means (including bots, scrapers, and spiders) to collect information from Us.
All copyrights, trademarks and all other intellectual property rights in and to the Application(including but not limited to any images, photographs, text, data, computer code, algorithms and information) and any copies of the Application are owned by the Company. You may not remove any titles, trademarks or trade names, copyright notices, disclaimer or other proprietary markings in or on the Application and will not acquire any rights in the Application, except the limited license specified in this Agreement. Company own all rights in any copy, translation, modification, adaptation or derivative works of the Application, including any improvement or development thereof. Company retains all rights not expressly granted to You in this Agreement. The Application is protected by all applicable copyright laws and international treaties.
8. Free Trial
The trial version of the Application may be installed and used for the purpose of trying and evaluating this Application.
After the trial period of using the software is over (after 30 calendar days starting from the exact moment of installation), a user is not allowed to use the trial version on the Device where the trial was previously installed and expired.
The free trial will be free of charge until the earliest of any of the following: the expiration of the free trial period; the start date of subscription for Application purchased
by You; or termination by Company in our sole discretion.
The Company reserves the right to remove or cancel the free trial offer at any time.
The Company reserves the right to change the features of the free trial offer at any time.
9. Licence Fee
The Application is licensed to You on a subscription basis. The license expires on the last day of the current subscription period unless the subscription fee is paid for one or more subsequent periods.
License Fees. In consideration for the license granted by the Company under this Agreement, You shall pay Company the license subscription fees in the amount set forth on the pricing page (www.photo-booster.com) in accordance with the terms set forth therein. License subscription fees are subject to change upon the first day of each renewal.
Taxes. You shall, in addition to the other amounts payable under this Agreement, pay all applicable customs, duties, bank fees, sales, use, excise, value added or other taxes, federal, state or otherwise, however designated, which are levied or imposed by reason of the transactions contemplated by this Agreement,
excluding only taxes based on Company net income. You agree to indemnify, defend, and hold Company, its officers, directors, consultants, employees, successors and assigns harmless from all claims and liability arising from Your failure to report or pay any such taxes, duties or assessments.
License subscription fees are non-refundable.
10. Open Source Components
Certain components of the Application are Open Source Software and licensed under the terms of the applicable license(s) of the Open Source Software. You shall adhere to these terms and conditions, which can be found in the Application About section.
11. Infringement Acknowledgement.
You and Company acknowledge and agree that, in the event of a third party claim that the Application or Your possession or use of the Application infringes any third party's intellectual property rights. You (and not Company)
will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify Company in writing of such claim.
12. Third-Party Services
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.
You must comply with applicable Third parties' Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' Terms and conditions.
13. Modifications to Application
Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
14. Updates to Our Application
Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Application. You agree that Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms of this Agreement.
15. Error Reporting and Feedback
You may provide Us either directly at firstname.lastname@example.org or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas,
problems, complaints, and other matters related to Our Application (“Feedback”). You acknowledge and agree that: (i) You shall not retain, acquire or assert any intellectual property right or other
right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary
information from You or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the
Feedback is not possible due to applicable mandatory laws, You grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual
right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
16. Term and Termination
This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.
This Agreement shall terminate in the following event: The license is time-limited, and it expires, and the You have no other valid licenses.
Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.
Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.
You acknowledge that the provisions of this Agreement, which by their nature are intended to survive termination, will remain in effect after termination of this Agreement.
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
18. No Warranties
The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty.
19. Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
20. No Partnership
Nothing in the Agreements shall be construed to create any partnership, joint venture, employment or agency relationship between You and Us.
21. Severability and Waiver
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
22. Product Claims
The Company does not make any warranties concerning the Application.
23. United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
24. Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. The Company will post the modified agreement (which shall then become the Agreement) on the Company website. It is your responsibility to review these terms periodically. What constitutes a material change will be determined at the sole discretion of the Company.
By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.
25. Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
26. Entire Agreement
The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.
27. Contact Us
If you have any questions about this Agreement, You can contact Us:
By sending an email to: email@example.com