PLEASE READ THIS END USER LICENSE agreement (the “agreement”) CAREFULLY BEFORE USING THIS SOFTWARE.
Notice to User – By receiving and/or using this Fotoloco (“FOTOLOCO”) software You accept and agree to be bound by the following User Agreement. This Agreement is a binding legal agreement between FOTOLOCO and the purchasers, users or evaluators (“You”) of this Software. If You do not agree to be bound by this Agreement, remove this Software from Your computer now and, if applicable, promptly return to fotoloco by mail any copies of this Software and related documentation and packaging in Your possession.
“Software” means the computer software program known as NanoJPG that accompanies this Agreement and includes any available software user manuals, reference manuals and installation guides, or portions thereof, either in electronic or printed form, in any media whatsoever. “Use” of this Software means that You have loaded, installed, or run this Software on a computer or similar device. “Backup Copy” means one non-transferable copy of this Software created for archival purposes only that is not installed or Used on any computer or workstation except for back-up use during emergency situations.
2. User Agreement
2.1 Grant – Subject to the terms of this Agreement, FOTOLOCO grants to You a limited, non-exclusive, non-transferable, worldwide license, without right to sub-license: to Use or evaluate the object code version of this Software in accordance with this Agreement and any other written agreement with FOTOLOCO. FOTOLOCO does not transfer title to this Software to You; the license granted to You is not a sale.
2.2 Activation of Software – Once You have purchased a license from FOTOLOCO in order to continue to use the Software, You may be required to activate the Software through the Internet. There are technological measures within the Software that are designed to prevent unlicensed use of the Software. FOTOLOCO will use those measures to confirm You have a valid licensed copy of the Software.
2.3 Installation and Use – You are responsible for installation of this Software. You shall not allow others to Use, copy or evaluate copies of this Software. Others may obtain a copy of this Software from: https://fotomojo.fr
2.4 Portable Computer Use – If You have installed this Software on Your desktop computer, You may install a second copy of this Software on Your portable computer for Your exclusive use only.
2.5 Use Restrictions – You shall Use this Software in compliance with all applicable laws and not for any unlawful purpose. Each licensed copy of this Software may be used on one single computer location or workstation, except in accordance with Article 2.4. If You install this Software onto a multi-user platform, server or network, each and every individual user of this Software must be licensed separately or included by a multi-user or site license. Others may not Use or install Your copy of this Software. The assignment, sublicense, networking, sale, or distribution of copies of this Software is strictly forbidden without the prior written consent of FOTOLOCO. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the Use of this Software. Upon request by FOTOLOCO, You agree to give FOTOLOCO access to Your site during regular business hours solely for the purpose of ensuring compliance with this Agreement.
2.6 Transfer – Unless otherwise authorized herein, this Software and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that You may make one Backup Copy for back-up use during emergency situations.
2.7 Intellectual Property Restrictions – FOTOLOCO’s name, trademarks, logo and graphics file that represents this Software shall not be used in any way to promote products developed with this Software. This Software contains copyrighted material, trade secrets and other proprietary material. You will not deliver, disclose, or convey to any third party, either directly or indirectly, the contents of this Software. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile this Software or alter or remove any proprietary rights or copyrights notice or identification which indicates FOTOLOCO’s ownership of this Software. You shall not create any derivative works or other works that are based upon or derived from this Software in whole or in part. FOTOLOCO retains sole and exclusive ownership of all right, title and interest in and to this Software and all intellectual property rights relating thereto. This Software is protected without limitation by French copyright law and international copyright treaty provisions. All rights not expressly granted hereunder are reserved for FOTOLOCO.
2.8 Limited Warranty and Disclaimer – You hereby acknowledge that You are solely responsible for selecting and installing the Software and that the Software may not satisfy all your requirements or be free from defects. FOTOLOCO specifically does not warrant that the Software will operate uninterrupted or error free. THE SOFTWARE IS PROVIDED ‘AS IS’ WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION BY FOTOLOCO OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FOTOLOCO OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SUPPLIERS OR DISTRIBUTORS WILL CREATE A WARRANTY. FOTOLOCO DOES NOT WARRANT, GUARANTEE OR MAKE REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE OF THE SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. IF SUCH DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH IMPLIED WARRANTIES OR CONDITIONS IS LIMITED TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
2.9 Limitation of Responsibility – You will indemnify, hold harmless, and defend FOTOLOCO, its employees, agents and distributors against any and all claims, proceedings, demands and costs resulting from or in any way connected with Your use of this Software. IN NO EVENT WILL FOTOLOCO BE LIABLE ON ANY THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR DAMAGES WHICH, IN THE AGGREGATE, EXCEED THE PURCHASE PRICE OF THE SOFTWARE (maximum being the lesser of the amount paid by you and the suggested retail price as listed by FOTOLOCO) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from YOU back to FOTOLOCO. Such reimbursement will only occur if the Software was purchased directly from FOTOLOCO. If you purchased the Software through a reseller, distributor, retailer, or third party, you need to request a refund directly from such parties. IN NO EVENT WILL FOTOLOCO ITS EMPLOYEES, AGENTS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, AGGRAVATED OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, THIS SOFTWARE OR THE USE OR INABILITY TO USE THIS SOFTWARE OR THE FURNISHING, PERFORMANCE OR USE OF ANY OTHER MATTERS HEREUNDER HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOSS OF DATA OR INFORMATION, LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR GOOD WILL EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
2.10 Governing Law – This Agreement shall be governed exclusively by the laws of France.
2.11 Termination – Any failure by You to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this Agreement including the license hereunder. Upon termination of this Agreement for any reason, You agree to immediately cease Use of this Software and destroy all copies of this Software. The rights, obligations and restrictions in Sections 2 and such other provisions may reasonably be expected to remain in force, shall survive the expiration or termination of this Agreement.
2.12 Support – Buying NanoJPG gives the right to a 90-day support by email (the period). After this period no support will be provided. To benefit from support after the period another purchase must be made.
3.1 Registration – To register this Software You can submit the registration information online through the registration screen found within this Software
4. General Provisions
This Agreement constitutes the entire agreement between You and FOTOLOCO with respect to the subject matter hereof and supersedes all prior and contemporaneous proposals, agreements, understandings, representations and communications, whether oral or written.
The French version of this Agreement shall be used for interpreting and construing the meanings of any provisions herein.
5. Third Party Software Licenses
This Software also contains software of FOTOLOCO’s suppliers which are used in accordance with the notices reproduced below:
This Software is based in part on the work of the Independent JPEG Group.
Portions of NanoJPG are Licensed under the ImageMagick License (the « License »); you may not use this file except in compliance with the License. You may obtain a copy of the Imagemagick License at https://www.imagemagick.org/script/license.php
6. Copyright, Trademark and Patent Notices
NanoJPG software and documentation was designed, programmed and is Copyright © 2017 Fotoloco All rights reserved worldwide. Unauthorized duplication strictly prohibited.
FOTOLOCO is a trademark of Fotoloco
All other marks, products and company names are the property of their respective owners.
7. Third Party Websites, Services and Software
The Software may contain links to other websites, services or software provided by third parties (Third Party Content). Links from FOTOLOCO Software to Third Party Content are provided for Your convenience only and are not investigated, monitored or checked for accuracy, appropriateness, or completeness by FOTOLOCO and FOTOLOCO is not responsible for any Third Party Content accessed through FOTOLOCO Software, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Content does not imply approval or endorsement thereof by FOTOLOCO. If You decide to access or install the Third Party Content, You do so at your own risk and You should be aware that FOTOLOCO terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Content You navigate from the FOTOLOCO Software or relating to any Third party Content You use or install. FOTOLOCO reserves the right to change, modify or delete links to Third Party Content without notice.
NanoJPG EULA July 21 2017