Terms of Use
These Terms of Use are a legal agreement between you and Sören Möllers ("Licensor"). This agreement governs your acquisition and use of the Pixelpart software ("Software") directly from Licensor or indirectly through an authorized reseller or distributor. Please read this agreement carefully before purchasing and using the Software. It provides a license to use the Software and contains warranty information and liability disclaimers. If you use a free trial or demo version of the Software, this agreement will also govern that trial. By purchasing, downloading, installing and/or using the Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this agreement. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this agreement, do not purchase, download, install or use the Software, and you must not accept this agreement. The terms also apply to any updates, supplements, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
License Grant
Licensor hereby grants you a personal, non-exclusive, perpetual license to load and use the Software on devices under your control in accordance with the terms of this agreement. You are responsible for ensuring these devices meet the minimum requirements of the Software.
You are not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things,
- reproduce, copy, distribute or resell the Software for any commercial purpose,
- allow any third party to use the Software on behalf of or for the benefit of any third party,
- use the Software in any way which breaches any applicable local, national or international law.
Intellectual Property and Ownership
Licensor shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Licensor. Licensor reserves the right to grant licenses to use the Software to third parties. This does not cover content you create using the Software (see below).
User-Created Content
Any videos, images and animations you create using the Software are your property and Licensor does not claim any ownership in your original content. It is your responsibility to ensure that the content you create does not infringe or violate any rights, including, but not limited to, trademarks, copyrights, and other intellectual property rights of Licensor or any third party.
Termination
This agreement is effective from the date you first purchase, download and/or use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Licensor. It will also terminate immediately if you fail to comply with any term of this agreement. Upon such termination, the licenses granted by this agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this agreement.
WARRANTY DISCLAIMER
Licensor hereby expressly disclaims any warranty for the Software. The Software is provided “as is”, without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of the Software. Because some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, some or all of the above exclusions and limitations may not apply to you.
LIMITATION OF LIABILITY
To the fullest extent of applicable law, Licensor shall not be liable for special, incidental, or consequential damages resulting from possession, use, or malfunction of the software, including, but not limited to, damages to property, loss of goodwill, computer failure or malfunction, and, to the extent permitted by law, damages for personal injuries, property damage, or lost profits or punitive damages from any causes of action arising out of or related to this agreement or the Software, whether arising in tort (including negligence), contract, strict liability, or otherwise, whether or not Licensor has been advised of the possibility of such damages. To the fullest extent of applicable law, Licensor's liability for all damages shall not (except as required by applicable law) exceed the actual price paid by you for use of the Software.
Privacy Policy
Licensor does not collect your personal data using the Software. This does not apply to resellers or distributors of the Software who may collect personal data. Read their privacy policy for further information.