Software End User License Agreement

This Software End User License Agreement (“EULA” or “Agreement”) is a legal agreement between Pic-Time Ltd. (“Pic Time”, “us” or “we”) and the user of such Software (“you” or “Photographer“) governing your use, download and install of the Pic Time software (“Software”). This EULA is an integral part of the Pic Time Terms of Service, defined terms used herein however not defined shall have the same meaning as define in the Pic Time Terms of Service.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF THIS EULA AND AGREE TO BE BOUND BY THEM.  IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE SOFTWARE. YOU AGREE THAT THIS EULA IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT SIGNED BY YOU.

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AMENDMENTS OF THIS EULA

This EULA may be amended or revised from time to time at Pic Time’s sole discretion; the date of the most updated EULA shall be indicated in the “Last Modified” date. Please note that we do not guarantee to provide with a notification upon performing amendments to this EULA. The changes and revisions to this EULA shall be effective upon the publication of the revised EULA and your continuous use shall be considered as your acceptance of the revised EULA, so please make sure to review this EULA from time to time.

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THE SOFTWARE

As part of your use of the Platform, you will be required to install the Software which optimizes and enhances the quality of the pictures uploaded to Pic Time’s Platform.

We reserve the right, at any time and from time to time, at its own discretion, to add to the Software, to modify, suspend, terminate or discontinue any or all the services provided in Software, or any part thereof or any user’s access thereto. Where we assume that such change may affect an existing Software, we will provide you with a prior written notice and you may be able to terminate the Software services in accordance with the "Term and Termination" section.

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GRANT OF LICENSE AND PROPRIETRY RIGHTS

Pic Time hereby grants you a limited, non-exclusive, non-transferable, and non-sub licensable to use the Software (“License”). You hereby acknowledge that the License is granted to you subject to compliance with the provisions herein and solely for your non-commercial, personal use and purposes. Pic Time does not grant you any other rights whatsoever in relation to the Software. All other rights are expressly reserved by Pic Time and Pic Time is the sole owner of the Software rights. You agree that your purchase of the Software is neither contingent upon the delivery of any future functionality or features.

The Software is provided under a Device Based Module. Under such model licenses are required for each computer the Software is installed. You may not transfer a License from one computer to another without Pic Time prior approval.

Additionally, any and all intellectual property rights, title and interest of any kind in and to the Software, including, without limitations, tradenames, trademarks, logos and any and all modifications, upgrades, derivative works, know-how, technology methods, ideas and inventions, rights in software and computer code (whether in source code, object code or any other form) and all applications and registrations, are and shall remain the exclusive property of Pic Time and its licensors.

USER REPRESENTATIONS AND WARRANTIES

By using our Software, you represent and warrant that you will not: (i) modify, change, edit, alter nor bypass any feature of the Software; (ii) circumvent, interfere or disable the security features of the Software or degrade its performance in any way; (iii) use any malicious codes or automated means, including scraping, crawling, or any robot, spider etc., when accessing the Software; (iv) copy, sell, lease, sublicense, share or distribute the Software and the License granted herein, or otherwise commercially exploit the Software; (v) modify, adapt, disassemble, translate, decompile, reverse engineer, make any copies of, circumvent or hack the Software, or attempt to derive its source code; (vi) use the Software in any fraudulent, unlawful, or harmful, manner; (vii) assert any proprietary rights in or to the Software, or any feature or content therein, nor remove, obscure or alter any notices of proprietary rights; or (viii) use the Software in any way that violates any term of this EULA.

PLEASE NOTE THAT ANY USE OF THE SOFTWARE IN BREACH OF THIS EULA MAY RESULT, AT PIC TIME'S SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS AND USE OF THE SOFTWARE, AS WELL AS RESULT IN CIVIL AND CRIMINAL LIABILITY, SUBJECT TO APPLICABLE LAWS.

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UPDATES AND UPGRADES OF THE SOFTWARE    

We reserve the right to update, upgrade or perform other revisions to the Software. Such updates will not require us to provide you with any notice (prior or otherwise). We shall not be liable for any damages or other effect resulting from any changes, as detailed above. By installing the Software, you approve the downloading and installation of an automatic updates of our Software. Notwithstanding the above, we have no obligation to provide upgrades or updates.

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OTHER TERMS

All other terms set forth in Pic Time Terms of Service  govern your use of this Software. To the extent there is an express inconsistency between the two documents, this addendum will prevail.