END-USER LICENSE AGREEMENT FOR SOFTWARE – RETOUCH4ME
IMPORTANT-READ CAREFULLY: THIS END-USER LICENSE AGREEMENT (“EULA”).
IS A LEGALLY BINDING LICENSE AGREEMENT BETWEEN THE ENTITY OR ORGANIZATION YOU REPRESENT, OR IF YOU DO NOT DESIGNATE AN ENTITY OR AN ORGANIZATION IN CONNECTION WITH A LICENSE PURCHASE, YOU IN YOUR INDIVIDUAL CAPACITY ON BEHALF OF YOURSELF (“YOU” OR “YOUR”)
AND RELU OÜ (registration code 16194437), CONTACT E-MAIL support@retouch4.me (“OWNER”).
BY USING THE RETOUCH4ME SOFTWARE (“SOFTWARE”), YOU AGREE TO ALLOF THE TERMS OF THE LICENSE AGREEMENT. READ IT CAREFULLY BEFORE USING THE SOFTWARE.
IF YOU DO NOT AGREE TO THE TERMS OF THISAGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE.
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
This EULA is considered accepted by the USER in case of the order, payment or receipt from the OWNER or authorized third-party non-exclusive rights to use the SOFTWARE under this EULA indicates your acceptance of the terms of this EULA.
The OWNER grants the USER a license to use (including commercial purposes) one copy of the SOFTWARE on the USERs’ computers in an amount of not more than three. “USER” means company, entity or individual whose funds are used to purchase the SOFTWARE. Commercial use of the SOFTWARE, implemented by academic licenses for educational institutions is prohibited. “USE” means storing, loading, installing, executing or displaying the SOFTWARE. The USER has the right to remove the SOFTWARE at any time. To remove the SOFTWARE the USER need to transfer the SOFTWARE folder to the Trash or delete it. The USER may not modify, decompile, disassemble or otherwise modify the components of the SOFTWARE, except within the setting of the SOFTWARE’s functions. The USER has the right to make a copy of the SOFTWARE that can be used only for archival purposes. The SOFTWARE should not be given for rent, rented or transferred to other persons. You may not make or distribute copies of the Software, or electronically transfer the SOFTWARE from one computer to another or over a network. The SOFTWARE cannot be used on virtual machines without the Owner’s written permission. Virtualization technology may not be used to bypass other licensing terms and restrictions. The SOFTWARE cannot be used to create automated services, bots, Telegram-bots, and similar public services, without the written permission of the OWNER. You agree and accept that the OWNER may use license tracking mechanisms and metrics to prevent any violation of this Agreement. The license tracking mechanisms and metrics may use your internal network and internet connection. The license prohibits any use of the SOFTWARE, which violates international or local laws. Any unauthorized use will result in immediate and automatic termination of this EULA, and may, therefore, result in a lawsuit.
The USER is entitled to use the SOFTWARE DEMO without registration to assess the effectiveness of the SOFTWARE. The SOFTWARE DEMO allows to view before purchasing a SOFTWARE working tools and see the edited image. If the USER wants to save the image / apply effect to the image layer, the SOFTWARE must be acquired. Thus, the USER is given theopportunity to assess the effectiveness and functionality of the SOFTWARE before buying it. This approach ensures that the USER is satisfied with the SOFTWARE work.
The fact of the USER purchase confirms that the USER is familiar and satisfied with the functionality of the SOFTWARE and agree to the terms of this EULA. The OWNER does not make a refund for the SOFTWARE when the USER generates registration key. Before making a decision about buying the SOFTWARE the USER can download, install, and test the SOFTWARE DEMO.
The SOFTWARE is owned and copyrighted by the OWNER. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.
All exclusive rights, including copyright on the SOFTWARE, assignee, and are protected by the OWNER and international copyright treaties, as well as other laws related to intellectual property and contracts.
The OWNER does not warrant that the SOFTWARE is error free. The OWNER disclaims all other warranties with respect to the SOFTWARE, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose andnoninfringement of third party rights. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction.
In no event shall the OWNER or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the delivery, performance or use of the SOFTWARE, even if the OWNER has been advised of the possibility of such damages. In no event will the OWNER’s liability for any claim, whether in contract, tort or any other theory of liability, exceed the license fee paid by you, if any.
9.1 Privacy PolicyThe personal information you provide to the OWNER during the ordering and registration process is used for the OWNER internal purposes only. The OWNER uses the information it collects to learn what you like and to improve the SOFTWARE. Except as otherwise expressly permitted by this EULA or as otherwise authorized by you, the OWNER will not give any of your personal information to any third party without your express approval except as reasonably required by law, as authorized by this provision or as necessary to protect the OWNER and its agents. the OWNER can (and you authorize the OWNER to) disclose any information about you to private entities, law enforcement agencies or government officials, as the OWNER, in its sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law.
9.2 Email CommunicationYou agree that the OWNER may communicate with you via email and any similar technology for any purpose relating to the SOFTWARE, other OWNER’s products and any services or SOFTWARE which may in the future be provided by the OWNER or on the OWNER’s behalf. If you do not want to receive communication from the OWNER, you can unsubscribe at any time following the instructions contained in any email received from the OWNER or by writing an opt-out request to the OWNER at support@retouch4.me.
9.3 StatisticsIn order to innovate and continuously improve its products, the OWNER maycollect some usage statistics from its SOFTWARE including, without limitation, the collection of information on how SOFTWARE is used by USERS.
This EULA between the USER and the OWNER supersedes any prior agreements or contracts, in any form (written or oral) relating to the EULA. If any part of EULA will be recognized by a court to be invalid, it will not affect the validity of the remaining parts of the EULA, which shall remain valid and enforceable according to its terms. This EULA will be automatically terminated in the event of non-compliance with its terms. The OWNER shall be entitled at its discretion to change this EULA in writing at any time. In the event of invalidity of any provision of this EULA, the parties agree that the invalidity of one part does not affect the validity of the other parts.
Note: All images used to demonstrate the capabilities of the SOFTWARE are the property of their respective authors. The OWNER uses them only for his private collection. Any images posted on the program website may be deleted at the request of the author.