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End-User License Agreement (”Agreement”) for KinemaPhoto-Lite
Please read this Agreement carefully. Your acceptance of it creates a legal contract between you (or your company if applicable) and Amoa Photography (”Amoa Photography,” ”us,” or ”we”), a California company. All use of the KinemaPhoto-Lite software (”Software”) provided with this Agreement is subject to this Agreement. By clicking on the ”Accept” button below, you are agreeing to the terms of this Agreement. If you do not agree to all of the terms of this Agreement, then click the ”Reject” button and you will not have any license to any part of the Software. Amoa Photography's acceptance is expressly conditioned upon your assent to all the terms and conditions of this Agreement to the exclusion of all other terms; if these terms are considered an offer by Amoa Photography, then acceptance is limited to these terms.
1. Grant of license
Subject to your compliance with the terms and conditions of this Agreement, Amoa Photography grants to you (or to the company on whose behalf you are installing the Software), a non-exclusive license to use the Software for your internal purposes and in accordance with the Software documentation and instructions and as further described in this Agreement. Unless you accept this Agreement, you are not authorized to use the Software. The license does not constitute a sale of the Software or any portion or copy of it; the Software is licensed and not sold.
The actual Software application may be freely downloaded, copied, and shared. However, use of the Software is subject to the terms of this Agreement, and certain features of the Software are restricted if you do not obtain a license key from Amoa Photography and install it in the Software.
This Software may contain third party software programs (”Third Party Programs”) that are available under open source or free software licenses. This Agreement does not alter any rights or obligations you may have under those open source or free software licenses. Notwithstanding anything to the contrary contained in such licenses, the disclaimer of warranties and the limitation of liability provisions in this Agreement will apply to such Third Party Programs.
Your rights to use the Software are limited to those expressly granted to you in this Agreement. All rights to the Software not expressly granted to you in this Agreement are reserved by Amoa Photography and/or its licensors. If you do not accept this Agreement, you are not authorized to use the Software.
2. Ownership of the Software remains with Amoa Photography.
The Software is the property of Amoa Photography and/or its licensors and is protected by copyright law. Whether or not you accept this Agreement, Amoa Photography and/or its licensors retain any and all rights, title and interest in and to the Software, including in all copies, improvements, enhancements, modifications and derivative works of the Software. All associated files, components, updates, upgrades, and related documentation belong to Amoa Photography and/or its licensors.
3. You have the right to reject the Agreement even if you have already purchased the Software
The Agreement is presented when you run the Software for the first time. If you purchased the Software before installing and running the Software, and you choose not to accept the Agreement, you can request a refund within 30 days of your purchase. However, once you have accepted the Agreement, you cannot later reject it.
4. If you have not purchased the Software, you can only run KinemaPhoto-LITE.
Once you accept this Agreement, the KinemaPhoto Software will start running in demonstration mode (”demo mode”). Certain functions (for instance File Save) will be unavailable or otherwise restricted. You are under no obligation to purchase a license key.
The functionality available in demo mode may vary from one release of the Software to another, at the sole discretion of Amoa Photography. Also, Amoa Photography may at its sole discretion implement a time-out feature for the demo mode after which the Software will be disabled.
5. You may install a single-user license key on up to two computers, which you own. Amoa Photography does not provide a multi-user license
You may not share the extension with other people, and you may not copy or install KinemaPhoto on computers belonging to others. However, for noncommercial uses, you may allow other users in your household to use the Software on your computers, providing that only one installation of KinemaPhoto is used at the time.
6. Purchasing KinemaPhoto entitles you to free updates
You are entitled to updates of the Software for at least one year after purchase. However, updates may be provided to all users perpetually. Updates are made available on the KinemaPhoto website and may be downloaded and installed free of charge.
By default, this Agreement applies to any updates and later versions of the Software that you download and install, unless the updated software presents a new license agreement. If an update presents a new license agreement, you must accept the license agreement in order to use the update.
7. As long as you adhere to this Agreement, you may use your purchased version of KinemaPhoto before you upgrade.
It is your responsibility to maintain backups of older versions of the Software. Amoa Photography is not obligated to make old versions available or to support them.
If you breach this Agreement, your right to use the Software will terminate immediately and automatically without notice.
8. You may not reverse engineer or modify the Software.
You agree not to reverse engineer (provided that, if required under applicable law, upon your request, Amoa Photography will provide information necessary for you to achieve interoperability between the Software and other software for a nominal administrative charge) or modify the Software, the algorithms implemented in it, internal checksums, filter algorithms, license verification, expiration, feature activation, or any other parts of the Software. You also agree not to reverse engineer or ”crack” the encryption or cryptographic keys or algorithms used to scramble the software code.
You may not translate or create derivative works based on the Software; copy (except as expressly authorized above), rent, lease, or distribute the Software; use the Software for timesharing or service bureau purposes or like activity whereby you operate or use the Software for the benefit of a third party; or remove any proprietary notices or labels on the Software.
9. The Software is provided ”As-Is”, and we are not responsible for damage to your computer or images or videos resulting from use of the Software.
THE SOFTWARE IS PROVIDED ”AS IS”, WITHOUT ANY WARRANTY AND AMOA PHOTOGRAPHY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
10. Limitation of Liability
Amoa Photography's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to the Software or this Agreement will not exceed the fees paid to Amoa Photography for the use of the Software. In no event will Amoa Photography be liable for any indirect, consequential, incidental, special, or punitive damages or lost profits, even if Amoa Photography has been advised of the possibility of such damages. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. You may terminate this Agreement at any time by destroying all copies of the Software.
This Agreement will terminate upon your breach of any term or provision contained herein. Upon termination of this Agreement all rights and licenses granted to you in this Agreement will immediately cease, and you will immediately stop using and destroy all copies of the Software. Sections 2, 8, 10, 11, 12 and 13 will survive termination of this Agreement for any reason. Termination is not an exclusive remedy and all other remedies will be available whether or not the Software license is terminated.
12. Government Restricted Rights
The Software is deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 ”Commercial Computer Licensed Software - Restricted Rights” and DFARS 227.7202, ”Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction, release, performance, display or disclosure of the Software by the U.S. Government will be solely in accordance with the terms of this Agreement.
13. Miscellaneous Terms
This Agreement will be governed by and interpreted under the laws of the State of California, U.S.A. without regard to rules governing conflicts of law. In addition, any claim, dispute or controversy (whether in contract, tort or otherwise, including statutory, common law, intentional tort, and equitable claims) between Amoa Photography and you arising from or relating in any way to this Agreement, its interpretation, its termination, and/or the relationships which result from this Agreement (”Dispute”) will be governed by the laws of the State of California, U.S.A. or, where applicable, by the federal laws of the U.S.A., without regard to rules governing conflicts of law. The parties expressly disclaim the application of the United Nations Convention on the International Sale of Goods to any Dispute. Exclusive jurisdiction and venue for any and all Disputes will be in the state and federal courts residing in Austin, Texas. Each party expressly consents to the exercise of personal jurisdiction over it by any such Texas court and waives any right it may have to have the action tried or determined in a different venue. The prevailing party in any action to enforce this Agreement or any Dispute will be entitled to costs and attorneys' fees.
If any provision in this Agreement is held invalid or unenforceable by a body of competent jurisdiction, such provision will be limited or, if necessary, severed only as necessary to eliminate such invalidity or unenforceability. The parties will in good faith negotiate a valid, enforceable substitute provision that most nearly effects their original intent in entering into this Agreement. The other provisions of this Agreement will remain in full force and effect.
This Agreement may be amended, or any provision herein waived, only by a writing executed by both parties. A waiver of any provision in any one instance will not be deemed or construed to be a waiver of such provision for any similar instance in the future or of any subsequent breach. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision.
You are solely responsible for your compliance with, and you agree to comply with, all applicable laws, rules, and regulations in connection with your use of the Software. You will comply with all import and export laws and restrictions and regulations of the United States or foreign agency or authority, and will not import or export, or allow the import, export or re-export of, the Software in violation of any such restrictions, laws or regulations.
The parties to this Agreement are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties.
This Agreement is the complete and exclusive agreement between you and Amoa Photography relating to the Software and supersedes any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. This Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by you, even if signed and returned.