Rick Johnson/Graffix (“Graffix”) Adobe Illustrator plugins (“Software”).
Effective May 30, 2017
SOFTWARE END USER LICENSE AGREEMENT
Graffix grants the Customer nonexclusive license to use the Software and Documentation if the Customer agrees to the following: The Software may cause the Customer’s computer to automatically connect to the internet. The Software may also require activation or registration.
- Grant of License: Graffix grants to Customer the 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 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 may change without notice) 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.
- Trial and Demo use: Software other than those products identified as “Free” will operate in Trial mode for either a set number of days or 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).
- Intellectual property: The Software and any authorized copies that the Customer makes are the intellectual property of and are owned by Graffix and its suppliers. The Software is protected by law, including but not limited to the copyright laws of the United States and other countries, and by international treaty provisions. This agreement does not grant the Customer any intellectual property rights in the Software.
- Restrictions and transfer of rights: The software is owned by Graffix and possibly in part by its suppliers, and is protected by United States copyright laws and international treaty provisions. 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 agrees that the use of the Software is in compliance with the Act and the 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.
- Updates: If the Software is an Update to a prior version of Graffix software (the “Prior Version”), then the Customer may use prior versions only on the same Computer on which it has installed. Any obligations that Graffix may have to support Prior Versions during the License Term may end upon the availability of this Update. No other use of the Update is permitted. Additional Updates may be licensed to the Customer by Graffix with additional or different terms.
- Limited Warranty & Liability: Graffix warrants that the Software will perform 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. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above exclusions may not apply to the Customer.
- Government Licensee: Graffix Software and Documentation are provided with RESTRICTED RIGHTS. Use, disclosure and duplication are subject to Federal Acquisition Regulations, 52.227-7013 (c) (1) (ii).
- General: This agreement shall be governed by the laws of the State of Wisconsin excluding the application of its conflicts of law rules.
- 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.
- 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, user name and company name provided in the Software activation dialog, 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.
- 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. Graffix retains the right to use company names in a partial client list available online.
- Protection of Information: Employees and contractors of Graffix may sometimes have access to User Information when necessary to assist in operating the business and providing services to the Customer, including technology, services, and/or content for the operation and maintenance of the Software. Employees and contractors have an obligation under their contracts with Graffix 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.
- Information Sharing or Disclosure: GRAFFIX DOES NOT RENT, SELL, OR OTHERWISE DISTRIBUTE ANY USER INFORMATION IT GATHERS. Notwithstanding the foregoing, if Graffix or the Software is acquired by or merged with another company, Graffix may, as part of such a transaction, permit the acquiring or merging party to access or own Graffix’s previously gathered User Information. In this event, Graffix will notify the Customer before transferring User Information.
Graffix may release User Information to third parties if necessary to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order. In the event that Graffix is legally compelled to disclose User Information to a third party, there will be reasonable efforts to notify the Customer unless doing so would violate the law or court order.
Graffix is a trademark of the Graffix Company, registered in the state of Wisconsin.
What Graffix Collects
Graffix collects customer information 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.
How Graffix Uses the Information Gathered
Graffix requires this information to provide better service, in particular, for internal record keeping, occasional notifications such as when new products are available at no cost to Productivity Pack license holders. 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.
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.
Links to Other Websites
Graffix contains links to other websites of interest which are out of Graffix control, and governed by their own privacy policies.
Pricing and Availability
Product pricing and product availability on the Graffix website are subject to change without notice. Planned ship dates mentioned in reference to future products are estimated ship dates only and not guaranteed.
Terms and Conditions
Neither Graffix nor any third parties provides any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and Graffix expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which Graffix shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to Graffix, Inc. This material includes, but is not limited to, the design, layout, look, appearance 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.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that Graffix endorses the website(s). Graffix has no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of California and the United States.
Customers can easily update or delete contact information and change options for email communications by contacting Graffix: