Iconasys Software EULA
IMPORTANT: PLEASE READ THIS AGREEMENT BEFORE OPENING THE ACCOMPANYING SOFTWARE (THE “SOFTWARE”) PACKAGE OR CONTINUING WITH THE SOFTWARE INSTALLATION PROCESS.
BY CLICKING THE ACCEPTANCE BUTTON YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES YOU DO NOT ACCEPT THE TERMS AND TERMINATE THE INSTALLATION PROCESS.
(1) USE OF SOFTWARE:
IMAGEN LABS LLC DBA ICONASYS. (“ICONASYS”), grants a single individual or business (the “Licensee”) the limited rights to possess and use the ICONASYS Software and accompanying documentation (the “Documentation”) included in the package with this license for its intended purposes. Licensee agrees that the Software will be used solely for Licensee’s internal purposes, and that the Software will be installed on a single computer only – unless otherwise stated on your invoice.
The Software contains copyrighted material, trade secrets and other proprietary intellectual property. Licensee may not permit the concurrent use of the Software unless each user has an applicable license. Thus, if the Software is installed on a networked system or on a computer connected to a file server or other system that physically allows shared access to the Software, Licensee agrees to provide technical or procedural methods to prevent use of the Software by more than one individual. Other individuals
may not have access to the software even at different times.
(2) COPYING, TRANFERRING OR MODIFYING SOFTWARE:
Copies of the Software may be made for BACKUP PURPOSES ONLY, PROVIDED that the copy contains all proprietary notices included in the original and is labeled externally to show that the back-up copy is the property of ICONASYS and its use is subject to this License Agreement.
All artwork, graphics icons and other files contained in this software are the property of ICONASYS. Documentation may not be copied in whole or in part. Licensee owns the media on which the Software is recorded, but not the Software itself or any copy of it.
Licenses are non-transferrable.
Except as expressly stated in this License, Licensee may not modify, reverse engineer, de-compile, disassemble, distribute, sub-license, sell, rent, lease, give or in any way transfer, by any means or in any medium, including telecommunications, the Software. Licensee will use their best efforts and take all reasonable steps to protect the Software from unauthorized use, copying or dissemination, and will protect the integrity of all proprietary notices.
(3) WARRANTY DISCLAIMERS:
THE SOFTWARE, DOCUMENTATION AND (EXCEPT AS PROVIDED IN SECTION 3) THE MEDIA UPON WHICH THE SOFTWARE IS RECORDED (IF ANY) ARE PROVIDED “AS IS” AND WITHOUT WARRANTY. The entire risk as to the quality and performance of the Software and Documentation is with the licensee. ICONASYS does not warrant that the functions contained in the Software will be uninterrupted or error free, or that defects in the software will be corrected. ICONASYS will make their best effort to fix bugs and update the Licensee with these releases.
THE WARRANTIES EXPRESSED IN THIS LICENSE ARE THE ONLY WARRANTIES MADE BY ICONASYS AND ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESSED, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND OF FITNESS FOR A PARTICULAR PURPOSE.
(4) LIMITATION OF LIABILITY:
ICONASYS DISCLAIMS ANY AND ALL LIABILITY FOR INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USER OPERATION OR INABILITY TO USE THE SOFTWARE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Licensee agrees that ICONASYS and its distributors, licensors and dealers will not be liable for defense or indemnity with respect to any claim against the licensee by any third party arising from the licensee’s possession or use of the Software or Documentation.
THIS AGREEMENT GIVES THE LICENSEE SPECIFIED LEGAL RIGHTS, AND THE LICENSEE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR WARRANIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. UNDER NO CIRCUMSTANCES WILL ICONASYS BE LIABLE TO THE LICENSEE FOR AMOUNTS IN EXCESS OF THE PURCHASE PRICE PAID FOR THE SOFTWARE.
(5) Terms: This License is effective as of the time Licensee receives the Software, and shall continue in effect until Licensee ceases all use of the Software and returns or destroys all copies thereof, or until automatically terminated upon the failure of Licensee to comply with any of the terms of this License.
(6) Software Upgrades and Technical Support: Licensee will receive one year free software upgrades and technical support from the date of purchase. After this period the Software will remain fully functional.
(7) Yearly Maintenance Fee (Optional): Users have the ability to extend software upgrades and support for an additional year. Please see Software Maintenance Agreement page for additional information:
Shutter Stream Software Maintenance Agreement
360 Product Video Creator Maintenance Agreement
(8) Return Period: Licensee receives a 7 day grace period from the date of purchase to refund the software for a full refund. After 7 days, ICONASYS refuses the right to refund purchases.
(9) General: This License is the complete and exclusive statement of the parties’ agreement and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. Should any provision of this License be held to be invalid by any court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remainder of the License shall nonetheless remain in full force and effect. The laws of the United States of America shall control this License.
If you have any questions concerning this Agreement, please contact us.