End User License Agreement – Futura Photo

End-User License Agreement for Futura Photo

IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL.

Futura Photo End-User License Agreement (“EULA”) is a legal agreement between Licensor (Camera Futura Sàrl) and the Licensee (you, an individual), who is being licensed to use Futura Photo (in the following “FP”) together with your License.

You acknowledge that this is only a limited nonexclusive license. The Licensor is and remains the owner of all titles, rights, and interests in the Software.

By installing, copying, or otherwise using FP, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Camera Futura, and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use FP.

FP is licensed, not sold.

GRANT OF LICENSE.
FP is licensed as follows:
1. Installation and Use.
  Licensor grants you (as an individual) the right to install and use a copy of FP on up to 1 or several different computers at the same time running a validly licensed copy of an operating system for which FP was designed, depending on the edition you have subscribed to:
  1. If you have subscribed to the Community or Enthusiast Edition, you have the right to use or download a copy of FP on 1 computer only.
  2. If you have subscribed to the Professional Edition, you have the right to use or download a copy of FP on 2 computers.
  3. If you have subscribed to the Enterprise Edition, please refer to the amendment signed with this edition to know on how many computers you have the right to use or download a copy of FP.
2. Software Environment.
  FP is designed to run on Windows >=10 May 2019 Edition. Older Versions of these Operating Systems are not officially supported. FP officially requires a 64bit environment.
3. Hardware Environment
  The environment on which you are going to run FP will need a minimum of 4GB of free RAM.
  The Monitor needs at least a resolution of 1920 x 1080.
4. License Key.
  You are not allowed to make copies of your License Key or allow copies to be made by others, unless authorized by this License Agreement. Each License Key is issued for a single user as a person. License keys must not be used by other persons then the license holder on a regular basis.
5. Usage scenarios.
  FP is designed to be used analysing images right after photo sessions with no more than 3.500 images. There is no hard limitation in sequence’s size, but you might run into issues when trying to process larger sequences, thus this is not officially supported.
6. Time limited Licensing
  Whatever the edition you have subscribed to, your right to use the Software is time limited. It will be necessary to renew your subscription if you want to use the license further. The time limit is of 12 months for every edition. The 12 months period starts at the beginning of the subscription, whether you have or not installed the software.
7. Renewal of the license and cancellation
  If you have subscribed to a non-free edition, you will be notified by email before the end of the subscription. You can cancel the renewal whenever you want before the start of the next subscription. However, all sales are final and there will be no refunds: the license key will be available right after the purchase of the edition of your choice. Make sure to have tested the free version (the Community Edition) before, since there can be no refund after the license has been issued for a time period of 12 months.
LICENSE TYPES
1. Free License
  Free usage of FP is admitted when you subscribe to the Community Edition. The extent of the allowed usage and any restrictions may change at any time upon decision of the Licensor.
2. Private License
  The private License allows you to use FP for private, non-commercial purposes only. You will get an invoice issued to your real name only. This License is provided when you subscribe to the Enthusiast Edition.
3. Professional License
  If you take substantial commercial benefit from the images analysed with FP (speak you sell your images or right to use them for money) or need an invoice issued to a company name, you will need a Professional License. This does not apply to smaller revenues (<500€ in total) due to ads placed on a website or video file.
  A feature matrix with the differences between the FP licenses is provided at https://www.camerafutura.com/features.
4. Educational and Promotional Licenses
  Educational and Promotional Licenses might be provided on individual request and require a special License Agreement. Please contact the Licensor for details.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
1. Maintenance of Copyright Notices.
  You must not remove or alter any copyright notices on any copy of FP.
2. Distribution.
  You may not distribute registered copies of FP to third parties.
3. Evaluation Versions.
  Evaluation versions of FP are available for download from https://www.camerafutura.com through the subscription to the Community Edition. Only the latest version will be available as evaluation version.
4. Prohibition on Reverse Engineering, Decompilation, and Disassembly.
  You may not reverse engineer, decompile, or disassemble FP except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. Rental / Selling.
  You may not rent, lease, or lend or sell a Futura Photo license unless you have an explicit permission by the licensor to do so.
6. Support Services.
  Licensor may provide you with support services related to Futura Photo. Support Services for an old version will officially end when a new version of FP is available.
  Support languages are English and French. Support will only be given in those languages. Support queries should be sent thanks to the form available on https://www.camerafutura.com. FP Professional Edition users are eligible to get support via Email as well.
7. Compliance with Applicable Laws.
  You must comply with all applicable laws regarding use of the FP.
TERMINATION
Without prejudice to any other rights, Licensor may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must deregister Futura Photo and destroy all copies of FP and the license files in your possession.
COPYRIGHT
All title, including but not limited to copyrights, in and to the Software Product and any copies thereof are owned by the Licensor or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by the Licensor.
NO WARRANTIES
The Licensor expressly disclaims any warranty for the FP. FP is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. The Licensor does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within FP. The Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. The Licensor expressly disclaims any warranty or representation to Authorized Users or to any third party.
LIMITATION OF LIABILITY
Your use of the software is at your sole risk. In no event shall the Licensor be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of ‘Authorized Users’ use of or inability to use FP, even if the Licensor has been advised of the possibility of such damages. In no event will the Licensor liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. The Licensor shall have no liability with respect to the content of FP or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
BETA VERSIONS
of the software are released for testing purposes only to a limited user group, they are not fully tested, and usage will happen at own risk. Beta versions shall not be shared and impressions about Beta versions shall not be disclosed unless you have a written permission by the licensor to do so.
PRIVACY POLICY
Read the Privacy Policy of the Licensor.
EXTERNAL TOOLS
External Tools like ffmpeg (http://ffmpeg.org/legal.html), exiftool (https://exiftool.org/) are not part of FP, they are only being called externally. ffmpeg and exiftool are being installed automatically for your convenience. Please consider them downloaded separately. For those tools their individual license agreements apply.
GOVERNING LAW
You agree that this EULA, and any claim, dispute, action, cause of action, issue, or request for relief relating to this EULA, will be governed by the laws of Switzerland.