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SOFTWARE END USER LICENSE AGREEMENT AND PRIVACY POLICY

Rick Johnson/Graffix (“Graffix”) Adobe Illustrator plugins (“Software”).

Effective May 30, 2017, updated March 14, 2025

Please read this agreement carefully before accepting it. If you (“Customer”) accept the terms of this License Agreement and Privacy Policy, you are accepting all of the terms and conditions of this agreement.

SOFTWARE END USER LICENSE AGREEMENT

Graffix grants the Customer nonexclusive license to use the Software and Documentation if the Customer agrees to the following:

  1. Intellectual property: The Software and any authorized copies that the Customer makes are the intellectual property of and are owned by Graffix and possibly in part by its suppliers. The Software is protected by law, including but not limited to the copyright laws of the United States, and by international treaty provisions. This agreement does not grant the Customer any intellectual property rights in the Software.
  2. Grant of License: Except where Software is identified as “Free,” Graffix grants to Customer the limited right to install the Software on a storage device of up to the number of computers permitted by the software Software licenses that the Customer purchased. (a) Each “Individual” Software license purchased permits use on one primary computer, plus a secondary portable or home computer that is not used at the same time as the primary computer. (b) The “Studio”type license permits several (quantities vary by product) seats (computer installations) simultaneously at one business location, including portable computers used for business purposes. (c)”Corporate” licenses permit a higher number of seats which may be distributed across several locations provided they are all part the business holding the license. (d) All levels of licenses may be freely deactivated on one computer and activated on another as needed, just as a book may be read by several people, but only one person at a time. If the Software was registered to a company as indicated during the checkout process, the Software is registered to the company. If the Software was registered to an individual as indicated during the checkout process on the Graffix online store, the Software is registered to the individual irrespective of the employer.
  3. Trial and Demo use: Software other than those products identified as “Free” will operate in Trial mode for a set number of operations from the first launch. During this Trial period, the Software may not be fully functional (varies per product). At the end of the Trial period, the Software will either be converted to a feature-limited Demo mode or cease to function (varies per product).
    Restrictions and transfer of rights: The Customer agrees not to reverse engineer, decompile, disassemble, create derivative works, or otherwise attempt to discover the source code of the Software. The Customer may not sell, rent, sublicense or lease the Software or Documentation. The Customer agrees that the Software is subject to restrictions and controls imposed by the United States Export Administration Act and regulations thereunder. The Customer may permanently transfer all its rights to use the Software to another individual or legal entity provided that: (a) The Customer also transfers (i) this agreement, (ii) the serial number(s), and the Software; (b) the Customer retains no copies stored on a Computer; and (c) the receiving party accepts the terms and conditions of this agreement.
  4. Updates: If the Software is an Update to a prior version of Graffix software (the “Prior Version”), then the Customer may choose to use prior versions in place of the Update. Any obligations that Graffix may have to support Prior Versions during the License Term may end upon the availability of an Update. Updates are offered to replace Prior Versions, not as separate licenses in addition to Prior Versions.
  5. Limited Warranty and Liability: Graffix warrants that the Software will perform within reason in accordance with the Documentation by Graffix. To make a warranty claim for purchases made from Graffix, submit a refund request to Graffix by email or contact through the rj-graffix.com website. If the Software fails to comply with the warranties set forth above, Graffix will update the software or refund the license fee the Customer paid for the software.

    GRAFFIX DOES NOT AND CANNOT WARRANT THAT THE SOFTWARE IS FREE FROM ALL BUGS, ERRORS AND OMISSIONS. GRAFFIX MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE CUSTOMER. GRAFFIX OR ITS SUPPLIERS WILL IN NO EVENT BE LIABLE TO THE CUSTMER FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING ANY LOST DATA, LOST PROFITS, OR LOST SAVINGS, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF A GRAFFIX REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

  6. Internet: The Software may cause Customer’s computer, without notice, to automatically connect to the Internet and to communicate with a Graffix domain for purposes such as license validation, Software updates, and providing Customer with additional information, features, or functionality. The Software may require Customer to activate or reactivate the Software. Such requirement may cause Customer’s computer to connect to the Internet without notice on launch or at other times as necessary. Whenever the Software makes an Internet connection and communicates with a Graffix website, the Privacy Policy shall apply. Whenever the Software connects to Graffix over the Internet, certain Customer information is collected and transmitted by the Software to Graffix pursuant to the Graffix Privacy Policy listed below. As permitted by applicable law or as consented to by Customer, Graffix may (a) send Customer messages to facilitate or deliver in-product notices regarding licensing or operation status. Graffix may use such information to detect or prevent fraudulent or unauthorized use not in accordance with a valid license. Any determination by Graffix of fraudulent or unauthorized use of the Software may result in reduced functionality and inoperability of the Software.
  7. General: This agreement shall be governed by the laws of the United States and the Commonwealth of Pennsylvania, excluding the application of its conflicts of law rules.

Privacy Policy

This privacy policy outlines the privacy practices of Graffix as they pertain to use of the Software.

  1. Collection of User Information (“User Information”): When the Customer launches, activates, or uses any version of the Software, Graffix collects User Information possibly including date, time, IP address, serial number of the Software, and information about Adobe Illustrator including  version and platform. Graffix will not collect any information regarding the actual art drawn during usage of the Software.
  2. Use of the Customer’s Information: Graffix uses, but is not limited to using, User Information to validate activations, improve products and Graffix services, and enhance product security. User Information also helps Graffix keep the Customer informed of updates and upgrades, and special offers related to Graffix and the Software.
  3. Protection of Information: Employees and contractors of Graffix have an obligation to keep User Information confidential and to comply with privacy and security policies. Graffix uses administrative, physical, and technical safeguards to help protect User Information. All data is transmitted to Graffix servers using HTTP (HyperText Transfer Protocol) with secure SSL connections.
  4. Information Sharing or Disclosure: GRAFFIX DOES NOT RENT, SELL, OR OTHERWISE DISTRIBUTE ANY USER INFORMATION IT GATHERS. If Graffix or the Software is acquired by or merged with another company, Graffix may permit the acquiring or merging party to access or own Graffix’s previously gathered User Information. In this event, Graffix will do its best to notify Customers before transferring User Information. In the event that Graffix is legally compelled to disclose User Information, there will be reasonable efforts to notify the Customer unless doing so would violate the law or court order.
  5. Changes to Software End User License Agreement and Privacy Policy: Graffix reserves the right to change this Software End User License Agreement and Privacy Policy without advance notice to the Customer. The most current version of this Software End User License Agreement and Privacy Policy will be accessible from the website at rj-graffix.com. Customer should review the Software End User License Agreement and Privacy Policy periodically to confirm acceptance.

Please send email regarding any questions about this privacy policy or other concerns to support@rj-graffix.com.

Graffix is a trademark of the Graffix Company, registered in the state of Wisconsin and operating in the commonwealth of Pennsylvania.

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GRAFFIX WEBSITE PRIVACY POLICY

This privacy policy describes how Graffix uses and protects information that customers give to Graffix when using this website. Graffix values customer privacy and will only use contact information in accordance with this privacy statement. Graffix may change this policy from time to time by updating this page.

What Graffix Collects

Graffix does not save information from visitors.

Graffix may collect information from customers and registered users, including name, email address, shipping address, billing address and phone number. Email addresses are used to identify customers to recover their purchased software information including product versions and license codes. Email is the primary means of communication between Graffix and customers to inform of product upgrades and services related to Graffix. Credit card information used during the purchase process is not stored by Graffix.

Customers can easily update or delete contact information by logging into the site, or by contacting Graffix support.

How Graffix Uses Customer Information Gathered

Graffix requires this information to provide customer service, for internal record keeping, or occasional notifications such as when compatibility updates are available. Graffix does not share customer information with anyone. Graffix may be required to release customer information to legal authorities in cases such as suspected fraud or debt collection.

Security

Graffix is committed to ensuring that customer information is secure. In order to prevent unauthorized access or disclosure, Graffix has suitable physical, electronic and managerial procedures to safeguard and secure the information collected online.

Cookies

A cookie is a small file which allows web applications to respond to individuals. Graffix uses cookies to identify products in a user’s “Cart” when purchasing on the Graffix online store and then the data is removed from the system. A cookie does not provide access to any personal information, and is not sold to others.

Graffix works with statcounter.com to track which web pages are most popular with visitors in order to improve the website.

Links to Other Websites

Graffix contains links to other websites for your convenience to provide further information. They do not signify that Graffix endorses the website(s). Graffix has no responsibility for the content or policies of the linked website(s).

Pricing and Availability

Product pricing and product availability on the Graffix website are subject to change without notice.

Terms and Conditions

These Terms and Conditions of Use apply to the Graffix web site located at rj-graffix.com. If you disagree with any part of these terms and conditions, do not use the website.

Graffix reserves the right to change, modify, add or remove portions of these Terms of Use, at any time.

Neither Graffix nor any third parties provides any warranty or guarantee as to the accuracy, timeliness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information is provided in good faith and that materials may contain inaccuracies or errors, and that Graffix expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.

This website contains material which is owned by or licensed to Graffix. This material includes, but is not limited to, the design and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of Pennsylvania and the United States.

Email: support@rj-graffix.com