This End-User License Agreement (“EULA”) is a legal agreement between you (“Licensee”), either a single end-user or a single entity, and we (“Licensor” – Tag That Photo Inc.). By installing this computer software, hereafter referred to as TTP, you are indicating your acceptance of all the terms and conditions of this EULA. If you do not agree to any of the terms or conditions of this EULA, do not install or use TTP.
PAID LICENSE – TTP DESKTOP. This Clause applies if you have purchased a TTP Subscription from an authorized source. The licensed version does not display advertising messages. It may also contain certain features not available on free versions of TTP Desktop. There may be variations of the subscription that allow for more than one individual TTP Desktop license.
FREE OR TRIAL LICENSE. This Clause applies if you are using a free or trial version of TTP. TTP is provided to you either directly or indirectly for no charge but usually has limited features. We require a valid email address and name to enable any free or trial version of TTP.
GRANT OF LICENSE. Licensor grants you a limited, non-transferable, non-exclusive license to use TTP for personal use. TTP is licensed, not sold. All rights not explicitly granted under this EULA are hereby reserved.
OTHER RIGHTS AND LIMITATIONS. You may make copies of TTP for backup or archival purposes only. You will not, nor allow any third party to copy, distribute, sell, lend, rent, transfer, convey, modify, decompile, disassemble or reverse engineer TTP. You may terminate this EULA at any time, or Licensor may terminate this EULA if you breach any of the terms or conditions of this EULA. In either situation, you must destroy all copies of TTP. You may not modify any TTP executable files or databases. You can’t use TTP for any illegal purposes.
INTELLECTUAL PROPERTY. Licensor shall retain all right, title and interest to TTP including all patents, copyrights, trademarks, trade secret and other proprietary rights thereto. TTP is owned by Licensor and is protected by U.S. and Canadian copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
NO WARRANTY. TTP is provided “AS IS” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of TTP remains with you.
WEB LINKS/ADVERTISING. TTP may contain advertisements that when clicked take you to Internet sites managed by third parties. By activating these links, you are no longer using TTP. Licensor has no control over Internet sites owned by third parties. These sites are managed entirely by third parties and Licensor cannot make any declaration whatsoever concerning the quality or overall content thereof, nor regarding the quality of the products offered, or the security of performing transactions on the sites in question. The fact that third party sites are identified via advertisements displayed through TTP should not in any way be interpreted as an endorsement by Licensor. Licensor cannot be held liable for possible damages arising from the use of such third party sites. All complaints about third party sites should be addressed to the administrators of those sites.
COLLECTION OF PERSONAL DATA. Licensor collects name and email information from users. This information is not sold nor provided to any third parties under any circumstances. Licensor may also collect usage data on a periodic basis. This information is used to improve our products and services. Please refer to the privacy statement on our website.
LIMITATION OF LIABILITY. Licensor shall not be liable for any special, punitive, incidental, direct, indirect or consequential damages arising out of the use, or inability to use TTP. In any case, Licensor’s cumulative liability shall not exceed the amount paid by you for TTP.
MISCELLANEOUS. Licensee acknowledges that TTP is subject to the laws and export regulations of Canada and the United States and that Licensee will comply with all such laws and regulations. Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. This Agreement may be amended by issuing an update via Licensor’s website. The failure of Licensor to require performance of any provision hereof shall in no manner affect the right at a later time to enforce such provision. This Agreement shall be construed in accordance with the laws of the Province of Ontario, Canada.
If you have any questions or comments regarding this EULA, please email: firstname.lastname@example.org.
License Agreement Last Updated: October 2018