End User License Agreement for Xpiks

This End-User License Agreement (EULA) is a legal agreement between you (either as an individual or on behalf of an entity) and Intmaker OÜ (Author) regarding your use of Xpiks desktop applications, and associated documentation (the “Software”). By downloading, installing, using, or copying the Software, you accept and agree to be bound by the terms of this EULA. If you do not agree to all of the terms of this EULA, you may not download, install, use or copy the Software.

You can only accept this EULA if you are of legal age and full legal authority to form a binding contract with Author.

If you purchase a License Key You agree to be bound by the terms of this EULA. If you do not agree to all of the terms of this EULA, please do not purchase a License Key.

Definitions

The following terms shall have the following meanings whenever used in this Agreement, unless the context requires otherwise:

  • “You” means you, the final user of the Software or other legal entity that will be the final user of the Software;
  • “Author” means the creator and maintainer of Software, Intmaker OÜ (Tallinn, Estonia, registration code 16430441, [email protected] );
  • “Software” means any software component, all of the contents of the files in Xpiks application and it’s plugins, it’s Updates and setup files, licensed to You by the Author;
  • “Documentation” means information about the Software, its features, system requirements, in form of web pages, tutorials and blogposts made available and updated on the website of Software;
  • “Use” means downloading, installing, using or copying the Software;
  • “Activate” means turning the Trial version into the Full version of the Software with the License Key provided by Author;
  • “Full version” means the same version version of the Software that includes a License Key for the Software and allows unrestricted Use of of the Software;
  • “License Key” means a unique code provided by Author, which enables You to Activate Full version by entering the code into the Software;
  • “Trial version” means the license for the Software for the term of 14 days to Use the Software for the sole purpose of testing and evaluating the Software as defined in Documentation;
  • “Updates” means any modified versions, updates or additions to the Software;
  • “Open Source Software” means a type of software in which source code is under a license in which the copyright holder grants users the right to use, change and distribute the software for anyone and for any purpose;

License

Author grants You a non-exclusive, non-transferable, limited, revocable license to Use the Software in accordance with this EULA for the sole purpose identified in the Documentation. The Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Author. Author reserves all rights in and to the Software not expressly granted to you in this EULA. You shall not acquire any ownership to the Software as result of Your purchase of the License Key or Your Use of the Software.

Some components of the Software are Open Source Software and licensed under the terms of the applicable license(s). You shall comply with those licenses, which can be found via the webpage: acknowledgements.

Trial version

You can get a Trial version with a valid email address. This email address will be used for the sole purpose of creation the Trial version and related communication and won’t be used for any other communication (e.g. marketing). Trial version will deactivate automatically after 14 days.

Restrictions

  • When using the Software You must use it in a manner that complies with the applicable laws in the jurisdiction(s) in which You Use the Software.
  • You may not sell, resell, rent, lease or exchange the Software or the License Key for anything of value.
  • You may not remove or alter any proprietary notices or marks on the Software.
  • You may not Use the Trial version on any system where the Trial version was previously Used and expired.
  • You may not copy (except as otherwise provided in this EULA), adapt, decompile, reverse engineer, disassemble, modify or create derivative works of the any parts of the Software and the License Key, except to the extent permitted by applicable law.

In order to be able to install the Software and receive Updates, Your computer must meet the system requirements described in the Documentation. You may Use the Software on a limited amount of computers, with the limit set during the License Key purchase. If You exceed the limit, Author may block the License Key.

Maintenance and support

Author will notify You of any available Updates which You can download from the website of Software or by using the Software itself. If You purchased License Key as a one-time purchase, You may receive Updates during a period of twelve (12) months for free and in order to receive Updates after this this period, You will need to renew your license. You may need to pay an additional fee in order to renew the license. If You purchased License Key as a subscription, you may receive updates as long as your subscription is active.

Any maintenance and support will be provided by Author on an “as is” basis without any warranty.

Privacy Notices

The Software automatically communicates with its server for these purposes: (1) updating the Software; (2) receiving various functionality configurations; and (3) sending anonymized usage data and error reports. If you would like to learn more about the specific information we send, please visit https://xpiksapp.com/privacy. You may opt out of sending the anonymized usage data, but if you do not want the Software to update automatically or receive up-to-date configurations, you must uninstall the Software.

  1. Automatic Software Updates. The Software communicates with its server (and sends information described at the URL above) to determine whether there are any patches, bug fixes, updates or other modifications to improve the Software. You agree that the Software may automatically install any such improvements to the Software on your computer without providing any further notice or receiving any additional consent. This feature may not be disabled. If you do not want to receive automatic updates, you must uninstall the Software.

  2. Functionality configurations. Software downloads fresh configurations that helps Software to function correctly. These configurations include, but are not limited to: up-to-date FTP server addresses for microstock websites, up-to-date content restrictions for microstock websites (that are used as warnings in Software before upload) and others. This feature may not be disabled. If you do not want to receive Software configurations, you must uninstall the Software.

  3. Anonymized Usage Data and Error Reports. Author collects anonymized data about your usage of the Software to help us make it more awesome. If you do not want to send anonymized usage data to the server, you may opt out by changing your settings in Software Settings. Error reports are voluntarily sent after Software crashes. You have an option to opt-out from sending the error report in the crash handling window.

Cloud upload

In case You are using Cloud upload functionality, You grant Author a limited right to store Your files on servers controlled by Author for up to one month and upload Your files on your behalf to other parties identified by You in the Software for the whole purpose of providing You Cloud upload functionality described in the Documentation. Author shall not acquire any ownership to your files as a result of Your use of Cloud upload functionality.

Disclaimers and Limitations on Liability

THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. Author does not warrant that (i) the Software will meet your specific requirements; (ii) the Software is fully compatible with any particular platform; (iii) your use of the Software will be uninterrupted, timely, secure, or error-free; (iv) the results that may be obtained from the use of the Software will be accurate or reliable; (v) the quality of any products, services, information, or other material purchased or obtained by you through the Software will meet your expectations; or (vi) any errors in the Software will be corrected.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AUTHOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATED TO THE SOFTWARE, including, for example: (i) the use or the inability to use the Software; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Software; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the Software; (v) or any other matter relating to the Software.

Author reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Software (or any part thereof) with or without notice. Author shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Software.

Termination

This EULA will continue to be in force at all times during your Use of the Software. The Full version or Trial version will terminate automatically at the end of the applicable license period, unless renewed or Activated before the end of the it. Author can terminate the Full version or the Trial version by blocking the License Key during the license period in case You fail to comply with this EULA or if You fail to pay Your License fee for the License Key within the applicable payment term or if Author is required to do so by law. After termination of the Full version or the Trial version, You must not Use the Software. You acknowledge that the provisions of this EULA which are applicable after it’s termination, will remain in effect.

Governing law and disputes

This EULA shall be governed by and construed in accordance with the laws of the Estonia, excluding its conflicts of law rules. Any dispute between Author and You shall exclusively be submitted to the competent court in Tallinn, Estonia.