End User License Agreement (EULA)
Welcome to Plus! Image. By installing or using the Plus! Image Software, you agree to these software license terms and conditions (the "Software License") that supplement the Plus! Image Terms of Service ("TOS") located here. Certain information about you is subject to our Privacy Statement. For more information, see our full Privacy Statement at www.plusimage.com/privacy. Plus! Image reserves the right to update and change, from time to time, this Software License and all documents incorporated by reference. You can find the most recent version of this Software License at www.plusimage.com/terms. Plus! Image may change this Software License by posting a new version without notice to you. Use of the Plus! Image Software after such change constitutes acceptance of such changes. This Agreement, and any new versions, between Plus! Image and you, covers all your use of Plus! Image Software. You can accept this Agreement by clicking on the ACCEPT button or similar buttons or links as may be designated by Plus! Image. If you disagree with any of the terms below, Plus! Image does not grant you a license to use the Plus! Image.
1. Licensed Uses and Restrictions
By accepting the terms of this Agreement, you represent to Plus! Image that you are at least 14 years old, or such higher age set by laws in the jurisdiction from which you make use of the Plus! Image Software. If the law of your country prohibits you from downloading or using Plus! Image Software because you are under the age limit or because the Plus! Image services are not allowed in your country, please don't use it.
The Plus! Image Software applications, documentation, and local computer files installed or utilized by the installer application (collectively, the "Plus! Image Software") are owned by Plus! Image, or Plus! Image's licensors and content and data providers ("Plus! Image Licensors"), and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. This Software License defines legal use of the Plus! Image Software, all updates, revisions, substitutions, and any copies of the Plus! Image Software made by or for you. All rights not expressly granted to you are reserved by Plus! Image or their respective owners.
Your license to the Plus! Image Software under this Software License continues until it is terminated by either party. You may terminate the Software License by discontinuing use of all of the Plus! Image Software and by uninstalling and destroying all your copies of the applicable Plus! Image Software. This Software License terminates automatically if you violate any term of this Software License, Plus! Image publicly posts a written notice of termination on Plus! Image website, or Plus! Image sends notice of termination to you.
a. YOU MAY
(i) Install and personally use the Plus! Image Software and any updates provided by Plus! Image (in its sole discretion) in object code form on a personal computer owned or controlled by you and may use the Plus! Image Software for your own noncommercial use or benefit.
(ii) Make copies of the Plus! Image Software in object code form and distribute such copies to others within your employer's organization or website, which can be commercial and non-commercial, provided that any such recipient has had an opportunity to review and agree to be bound by this Software License. If others within your organization or recipients of Plus! Image Software do not have this opportunity to review and agree and you would still like to distribute copies to them, you may do so provided that you have the legal right to bind your organization (and others within your organization) to this Software License.
b. YOU MAY NOT:
(i) Decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works or improvements (based upon the Plus! Image Software or any portion thereof;
(ii) Incorporate the Plus! Image Software or any portion thereof into any computer chip or the firmware of a computing device manufactured by or for you;
(iii) Use the Plus! Image Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Software License;
(iv (v) Use or export the Plus! Image Software in violation of applicable U.K. or international laws or regulations;
(vi) Sell, lease, loan, or sublicense the Plus! Image Software or provide access thereto or derive income from the use or provision of the Plus! Image Software, whether for direct commercial or monetary gain or otherwise, without Plus! Image prior, express, written permission; or
(vii) Use Plus! Image Software in any manner that could damage, disable, overburden, or impair Plus Image's services or any of Plus Image's business partners' services (e.g., you may not use the Plus! Image Software in an automated manner), nor may you use Plus! Image Software in any manner that could interfere with any other party's use and enjoyment of Plus Image's services or Plus Image's business partners' services.
2. Ownership and Relationship of Parties
The Plus! Image Software is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.K. and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in the Plus! Image Software, this Software License or in the TOS. Plus! Image and Plus Image's Licensors own all rights, title, and interest in and to their applicable contributions to the Plus! Image Software. Other than the limited license granted herein, this Software License grants you no right, title, or interest in any intellectual property owned or licensed by Plus! Image, including (but not limited to) the Plus! Image Software and Plus! Image trademarks, and creates no relationship between yourself and Plus! Image’s Licensors, or between you and Plus! Image. Any and all intellectual property rights in the Plus! Image Software, the Plus! Image website, the online material and the Plus! Image promotional materials are and shall remain the exclusive property of Plus! Image. Any unauthorized use of Plus! Image's intellectual property rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws. The Plus! Image Software and its components contain software licensed from Plus! Image Licensors ("Licensor Software"). The Licensor Software enables the Plus! Image Software to perform certain functions including, without limitation, access proprietary data on third-party data servers. You agree that you will use the Plus! Image Software, and any data accessed through the Plus! Image Software, for your own personal non-commercial use only. You agree not to assign, copy, transfer, or transmit the Plus! Image Software, or any data obtained through the Plus! Image Software, to any third party. Your license to use the Plus! Image Software, its components, and any third-party data, will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Plus! Image Software, its components, and any third-party data. All rights in any third-party data, any third-party software, and any third-party data servers, including all ownership rights are reserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this Software License against you directly in their own name.
3. Support and Software Updates
Plus! Image may elect to provide you with customer support and/or software upgrades, enhancements, or modifications for the Plus! Image Software (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Plus! Image may change, suspend, or discontinue any aspect of the Plus! Image Software at any time, including the availability of any Plus! Image Software feature, database, or content. Plus! Image may also impose limits on certain features and services or modify, discontinue or restrict your access to parts or all of the Plus! Image Software or the Plus! Image website without notice or liability.
4. Disclaimer of Warranties by Plus! Image
USE OF THE PLUS! IMAGE SOFTWARE AND ANY DATA ACCESSED THROUGH THE PLUS! IMAGE SOFTWARE (SUCH AS STOCK QUOTES, MARKET INFORMATION, NEWS, OR OTHER INFORMATION) IS AT YOUR SOLE RISK. THEY ARE PROVIDED "AS IS." ANY MATERIAL OR SERVICE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLUS! IMAGE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH MATERIAL OR SERVICE. PLUS! IMAGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND ASSIGNS (COLLECTIVELY, " PLUS! IMAGE ENTITIES") AND PLUS! IMAGE LICENSORS DO NOT REPRESENT THAT THE PLUS! IMAGE SOFTWARE OR ANY DATA ACCESSED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. THE PLUS! IMAGE ENTITIES AND PLUS! IMAGE LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PLUS! IMAGE SOFTWARE, THE PLUS! IMAGE SOFTWARE SERVICES AND ANY DATA ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE PLUS! IMAGE SOFTWARE, THE PLUS! IMAGE SOFTWARE SERVICES AND ANY DATA ACCESSED THEREFROM, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IF THE PLUS! IMAGE SOFTWARE, THE PLUS! IMAGE SOFTWARE SERVICES OR ANY DATA ACCESSED THEREFROM PROVES DEFECTIVE, YOU (AND NOT THE PLUS! IMAGE ENTITIES OR THE PLUS! IMAGE LICENSORS) ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE PLUS! IMAGE ENTITIES OR PLUS! IMAGE LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH A DEFECT OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW RESTRICTIONS ON IMPLIED WARRANTIES SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
5. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PLUS! IMAGE ENTITIES AND PLUS! IMAGE LICENSORS SHALL NOT BE LIABLE FOR ANY 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 THE PLUS! IMAGE ENTITIES OR PLUS! IMAGE LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
i.THE USE OR THE INABILITY TO USE THE PLUS! IMAGE SOFTWARE OR THE PLUS! IMAGE SOFTWARE SERVICES;
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 PLUS! IMAGE SOFTWARE OR THE PLUS! IMAGE SOFTWARE SERVICES;
iii.UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
iv.STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLUS! IMAGE SOFTWARE SERVICES; OR ANY OTHER MATTER RELATING TO THE PLUS! IMAGE SOFTWARE OR PLUS! IMAGE SOFTWARE SERVICES. DAMAGES EXCLUDED BY THIS SECTION 6 INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS RESTRICTION MAY NOT APPLY TO YOU. INFORMATION PROVIDED THROUGH THE PLUS! IMAGE SOFTWARE MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE PLUS! IMAGE ENTITIES AND PLUS! IMAGE LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. PLUS! IMAGE MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE PLUS! IMAGE SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE PLUS! IMAGE SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU, INCLUDING, BUT NOT LIMITED TO, CONTENT OR HOURS OF AVAILABILITY.
Without limiting the generality of the foregoing, in no event shall Plus! Image's aggregate liability to you relating to, arising out of or in connection with the Plus! Image Software or the Plus! Image Software Services exceed the sum of one hundred United States dollars (US$100). By using the Plus! Image Service and Plus! Image Software Services, you expressly agree that the limitations on Plus Image's liability contained in this Software License are reasonable and constitute a material inducement to Plus! Image providing the Plus! Image Software and the Plus! Image Software Services, without which Plus! Image would not provide the Plus! Image c Software or the Plus! Image Software Services.
You agree to indemnify and hold the Plus! Image Entities and Plus! Image Licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your use or misuse of the Plus! Image Software or Plus! Image Software Services, your violation of any terms or conditions of this Software License, your violation of applicable laws, or your violation of any rights of another person or entity.
7. Government End Users
If the Plus! Image Software and related documentation are supplied to or purchased by or on behalf of the United States Government, then the Plus! Image Software is deemed to be "commercial software" as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for "restricted computer software." All other terms and conditions of this Software License apply.
8. Governing Law
This Software License and the relationship between you and Plus! Image is governed by the laws of the United Kingdom. without regard to its conflict of law provisions. You and Plus! Image agree to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom. The United Nations Convention on the International Sale of Goods does not apply to this Software License.
9. No General Waiver; Severability
The failure of Plus! Image to exercise or enforce any right or provision of this Software License shall not constitute a waiver of such right or provision. If any provision of this Software License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Software License remain in full force and effect.
10. Complete Agreement
This Software License, the TOS and the documents incorporated herein and therein by reference constitute the entire understanding between the parties respecting use of the Plus! Image Software, superseding all prior agreements between you and Plus! Image. In the event of any conflict between the terms and conditions of this Software License and those in the TOS, the terms and conditions of this Software License will control, except to the extent that the TOS impose additional restrictions and liabilities on your actions.
11. Copyright and Intellectual Property of Third Party Sites
Plus! Image provides links to third party Websites for your convenience and enjoyment. Plus! Image is not responsible for intellectual property rights or copyrights of any or all images appearing in search results on its site. Plus! Image does not administer, control, update or maintain third party sites. Users are responsible for reading and adhering to copyright information listed on the various image search engines, photo-sharing banks and other image sites. Plus! Image is not responsible for copyright violations for any or all images downloaded, used or shared from its client application or website.
12. Surviving Provisions
Sections 2, and 4 through 12, will survive any termination of this Software License.
Updated: October 4, 2010