End-User License Agreement ("Agreement")
Last updated: (2020-02-21)
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using the apps (Optyx) ("SOFTWARE") made available by Eris Ventures LLC ("Us", "We", "Author").
By clicking the "I Agree" button, downloading or using the SOFTWARE, 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 and do not download or use the SOFTWARE.
Subject to your compliance with the Agreement and the law, you may access and use the SOFTWARE. All users of the SOFTWARE are subject to the conditions of the Free license unless informed in writing by the Author (via purchase of Optyx Pro or Optyx Enterprise).
1.1.1 Free license (Optyx Free Forever)
The free license grants limited and restricted use of Optyx subject to the conditions that you are:
- using SOFTWARE on no more than 100 photos per shooting event
Violation of any Agreement Restrictions, including but not limited to attempts to circumvent the above, can result in permanent revocation of your Free license.
1.1.2 Individual license (Optyx Pro)
The individual license grants unlimited and unrestricted human operation of Optyx subject to the conditions that you are:
- using SOFTWARE for your private individual and non-commercial interests.
- using SOFTWARE at your place of business AND you have an ownership stake of at least 30% in said business AND purchased SOFTWARE is not shared with any other individual.
- using SOFTWARE for other non-commercial or government purposes AND purchased SOFTWARE is not used by more than one individual.
e.g. you are a solo professional photographer who uses the software on a device only you use.
1.1.3 Commercial license (Optyx Enterprise)
The commercial license grants unlimited and unrestricted usage of Optyx for all other commercial and non-commercial purposes, both automated and human.
e.g. you work at a photography studio where many individuals will use the SOFTWARE. e.g. you participate in a business where photos are categorized and tagged for customers and will use the SOFTWARE to facilitate this process.
1.2 Intellectual Property.
We (and our licensors) remain the sole owner of all right, title, and interest in the SOFTWARE. Except as stated in the Agreement, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the SOFTWARE. We reserve all rights not granted under the Agreement.
2. Modifications to SOFTWARE
Eris Ventures LLC reserves the right to modify, suspend or discontinue, temporarily or permanently, the SOFTWARE or any service to which it connects, with or without notice and without liability to you.
3. Disclaimer of warranty & Indemnification
The SOFTWARE is provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We further disclaim any warranty that (a) the SOFTWARE will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the SOFTWARE will be effective, accurate, or reliable; (c) the quality of the SOFTWARE will meet your expectations; or (d) any errors or defects in the SOFTWARE will be corrected.
We specifically disclaim all liability for any actions resulting from your use of any SOFTWARE. You may use and access the SOFTWARE at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to the SOFTWARE.
You will indemnify us, our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your use of the SOFTWARE, or your violation of the Agreement.
4. Technical support
Technical support may be provided via chat, e-mail, and/or community forums. While every effort is made to provide timely technical support, no guarantees are made, express or implied, that technical support will be provided or that technical support, when provided, will be accurate.
For technical support agreements with guaranteed response times, seek an Enterprise license.
You may not misuse the SOFTWARE. For example, you must not:
- enable or allow others to use the SOFTWARE using your account information.
- reverse engineer, decompile, disassemble the SOFTWARE except to the extent you may be expressly permitted by copyright holders.
- copy, modify, host, stream, sublicense, distribute, rent, or resell the SOFTWARE, except as expressly permitted in this License without prior written consent from Author.
- access or attempt to access the SOFTWARE by any means other than the interface we provide or authorize
- circumvent any access or use restrictions put into place to prevent certain uses of the SOFTWARE including but not limited to the free license restriction controls
- attempt to disable, impair, or destroy the SOFTWARE
- attempt to automate, script, or otherwise programmatically engage with the SOFTWARE unless expressly permitted in writing from the Author in a Commercial License Agreement.
- violate applicable law (including, but not limited to, where applicable, COPPA)
6.1 Termination by You.
You may stop using the SOFTWARE at any time. Termination of your account does not relieve you of any obligation to pay any fees that may be outstanding.
6.2 Termination by Us.
If we terminate the Agreement, or your use of the Service(s) for reasons other than for cause, we will make reasonable efforts to notify you at least 30 days prior to termination via the email address you provide to us with instructions on how to retrieve your Content. We may, at any time, terminate your right to use and access the SOFTWARE if:
(a) you breach any provision of the Agreement (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Agreement);
(b) you fail to make the timely payment of fees for the SOFTWARE, if any
(c) you materially breach any provision of the Agreement, and (i) the breach cannot be corrected; or (ii) we notify you of the breach and you fail to correct it within 14 days of the notice;
(d) you physically, verbally, or through other means abuse, threaten, bully, or harass us or our personnel (in such circumstances, we may alternatively suspend or restrict your access to the SOFTWARE);
(e) you have repeatedly made complaints in bad faith or without a reasonable basis, and continue to do so after we have asked you to stop (in such circumstances, we may alternatively suspend or restrict your access to the SOFTWARE);
(f) we are required to do so by law (for example, where the provision of the SOFTWARE to you is, or becomes, unlawful);
(g) we elect to discontinue the SOFTWARE, in whole or in part (such as if it becomes impractical for us to continue offering Services in your region due to change of law);
7. Amendments to this Agreement
Eris Ventures LLC reserves the right, at its sole discretion, to modify or replace this Agreement at any time.
Copyright (C) 2018-2020 Eris Ventures LLC. All rights reserved.