Last Updated: September 25, 2018. Replaces the prior version in its entirety.
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE INSTALLING AND USING ANY BATCHFRAME.COM SOFTWARE:This End-User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and Batch Frame LLC that governs your use of any Software Product created or sold by BatchFrame.
By downloading or using any BatchFrame.com software (including plug-ins, scripts, extensions, presets, pseudo-effects or any other downloadable tool), you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not download or use any BatchFrame.com software.
All BatchFrame.com software and accompanying documentation and tools are licensed, not sold, to you for use strictly in accordance with the terms of this Agreement.
For the purposes of this Agreement, capitalized terms shall have the meaning set forth in this section.
"Agreement" means this End User License Agreement
"Licensor" means Batch Frame LLC, 26400 Woodfield Rd #256, Damascus, Maryland 20872, United States, and where applicable its suppliers and licensors.
"Package" means any BatchFrame.com Plug-in, Script, Extension, Pseudo Effect, Preset and/or its associated tools and documentation.
"Product" means any component of the Package offered by the Licensor
"Licensee" means you, the person or single entity who is signing up to this Agreement and the user of the Package
This Agreement entitles the Licensee to install and use the Package on up to two (2) devices (including virtual machines) at a time. In addition, the Licensee may make one (1) archival copy to be used only for the reinstallation of the Package.
Without first obtaining the express written consent of the Licensor, the Licensee may not reassign rights and obligations under this Agreement, or redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Package.
The Licensee may not use, copy, or install the Package on any system with more than two computers or permit the use, copying, or installation of the Package by more than two users or on more than two devices. If the Licensee holds multiple valid licenses, the Licensee may not use, copy, or install the Package on any system with more than the number of computers permitted by the license.
The Licensee may not de-compile, reverse engineer, disassemble, or otherwise attempt to derive the source code for the Package.
The Licensee may not modify the Package or create any derivative work of the Package or any Product within. Derivative works include, but are not limited to, translations. The Licensee may not alter any files or libraries in any portion of and Products within the Package.
The Licensee may not copy any Product within the Package, except to the extent that licensed use inherently demands for the creation of a temporary copy used only for archival purposes.
Unless otherwise explicitly agreed to in writing by the Licensor, the Licensor makes no warranties, express or implied, in fact or in law, including but not limited to any implied warranties of merchantability or fitness for a particular purpose other than as set forth in this Agreement. The Licensee assumes all liability for the selection of the Package to achieve its intended results and for the installation, use and results obtained by it. The Licensor makes no warranty that operation of the Package will be secure, error free, or free from interruption. The Licensee must determine whether the Package sufficiently meets their requirements for security and interruption. The Licensee bear sole responsibility and all liability for any loss incurred due to failure of the Package to meet the Licensee's requirements. The Licensor will not, under any circumstances, be responsible or liable for the loss of data on any computer or information storage device.
Under no circumstances shall the Licensor or its directors, officers, employees, affiliates, partners or agents be liable to the Licensee or any other party for indirect, consequential, special, incidental, punitive or exemplary damages of any kind including lost revenues or profits or loss of business resulting from this agreement or from the furnishing, performance, installation or use of the Products within the Package, whether due to a breach of contract, breach of warranty or the negligence of the Licensor or any other party, even if the Licensor is advised beforehand of the possibility of such damages to the extent that the applicable jurisdiction limits the Licensor to disclaim any implied warranties. This disclaimer shall be effective to the maximum extent permitted.
Notwithstanding any damages that the Licensee might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of the Licensor under any provision of this Agreement and the Licensee's exclusive remedy for all of the foregoing shall be limited to the amount paid by the Licensee for the Package.
Any claim must be made within the applicable warranty period (14 days). All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damaged determined by the Licensor to have been caused by the Licensee. All warranties on the Package are granted only to the Licensee and are non-transferrable. The Licensee agrees to indemnify and hold the Licensor harmless from all claims, judgement, liabilities, expenses, or costs arising from the Licensee's breach of this Agreement and/or acts or omissions.
The laws of Maryland, United States, excluding its conflicts of law rules, shall govern this Agreement and the Licensee's use of the Products within the Package.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
The Licensee my not assign, transfer, change or otherwise deal with any rights or obligations under this Agreement without the prior written consent of the Licensor.
None of the provisions of this Agreement shall be deemed to have been waived by any act or failure to act by the Licensor or its directors, officers, employees, affiliates, partners or agents, except by an agreement in writing signed by an authorized signatory of the Licensor.
The Licensee acknowledges that they have read this Agreement, understand it, agree to be bound by it, and agree that it reflects a complete statement of the Licensee's agreement with the Licensor, which supersedes any prior agreement, oral or written, that may have existed between the Licensor and the Licensee with respect to the licensing to the Licensee of this Package.
No modification of terms of this Agreement will be enforceable against the Licensor unless the Licensor gives its express written consent.
The Licensor reserves the right to modify this Agreement at any time. The Licensee will be subject to any new or modified terms which the Licensor provides notice to the Licensee going forward, not retroactively. Should the Licensee reject the new or modified Agreement, the Licensee may terminate this Agreement.
BY INSTALLING ANY BATCHFRAME.COM SOFTWARE, YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT, AS SET OUT ABOVE.