This Agreement is a legal agreement between you (either an individual or legal entity) and JixiPix,LLC, a limited liability company established and existing under the laws of the State of Nevada (hereinafter: “JIXIPIX”) for the use of and covers any JixiPix software application running on iOS, Android, Mac, or Windows collectively called "SOFTWARE PRODUCT"
By downloading, installing, copying or otherwise using all or any portion of a JixiPix product you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT or any product produced by JixiPix, LLC
SOFTWARE PRODUCT COPYRIGHT
a) SOFTWARE PRODUCT is for personal, commercial use, non-profit organization, educational purpose. You are allowed to use the output of any JixiPix SOFTWARE PRODUCT for any purpose as long as the bulk of the output is images or data created by you (70% or above). Any output that falls below the threshold will be considered created by JixiPix Software and cannot be sold, transferred, or used in another work (either SOFTWARE PRODUCT or personal use).
b) Output from SOFTWARE PRODUCT can be sold, shared, distributed, printed, etc. in any amounts without limitation as long as bulk of design is provided by you. This means you cannot take output from SOFTWARE PRODUCT that does not contain large portions of your image.
c) Any SOFTWARE PRODUCT will be ran on a personal computer by you or your designated users. At no time will SOFTWARE PRODUCT be run on a server or in an automated system where other end users, not sitting at the computer running the SOFTWARE PRODUCT, have access to the SOFTWARE PRODUCT.
GRANT OF LICENSE. This EULA grants you the following rights: Installation and Use. You may install and use the SOFTWARE PRODUCT on up to 2 personal computers. Installing on any more than 2 will require another license unless the SOFTWARE PRODUCT is removed off a previous computer first.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.
Without prejudice to any other rights, the Author of this Software may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, clipart, libraries, and examples incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by the Author of this Software (JixiPix, LLC). The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material.
Copyright and other intellectual, industrial and/or proprietary rights to SOFTWARE PRODUCT and to any whole or partial copies that you make are owned by JixiPix, LLC or it's licensors. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of any JixiPix SOFTWARE PRODUCT except where explicitly allowed in the terms of this Agreement. You agree not to remove any label indicating that any JixiPix SOFTWARE PRODUCT is the subject of copyright and other intellectual, industrial or proprietary rights of JixiPix, LLC and/or third parties. You may not redistribute any JixiPix SOFTWARE PRODUCT or any part thereof. You agree not to purchase JixiPix Software Porduct licenses for the purpose of reselling and/or distributing them, unless prior written agreement from JixiPix is granted.
The Author of this Software expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
NO LIABILITY FOR DAMAGES.
In no event shall the author of this Software be liable for any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if the Author of this Software is aware of the possibility of such damages and known defects.
If any JixiPix SOFTWARE PRODUCT is, or in JixiPix's opinion is likely to become, the subject of a claim of infringement, JixiPix, LLC shall have the right, without obligation and at its sole discretion, to: (i) procure for you the right to continue to use the JixiPix SOFTWARE PRODUCT; (ii) replace or modify any JixiPix SOFTWARE PRODUCT in such a way as to make the modified SOFTWARE PRODUCT non-infringing; or (iii) terminate this Agreement. The foregoing states JixiPix, LLC and its subsidiaries entire liability and obligation to you and your sole remedy with respect to any actual or alleged infringement of intellectual property rights of any kind.