Please read this End User License Agreement (“EULA”) before You access and use the Software. By accessing and using the Software, You agree, without reservation, to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not access and use the Software.
If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.
You may not accept this EULA if You are not of legal age to form a binding contract with Amaze.
1.1 - In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:
2.2 - This EULA applies to any licenses granted to You by Amaze for the use of the Software. By Using the Software, You enter into this EULA with Amaze.
2.4 - This EULA may be modified from time to time. Amaze will notify you of such modifications on its website or otherwise. Any modifications to this EULA shall only apply upon acceptance by You, and your continued use of the Software following any modifications to this EULA shall be deemed acceptance.
3.1 - Certain features of the Software are only available to Users with Paid Accounts (as defined in Section 4.1). Users with Paid Accounts are granted a non-exclusive, non-transferable, limited, revocable license to Use the Software and Paid Content for commercial purposes in accordance with this EULA, such as marketing, advertising, or promotion. Users with Free Accounts (as defined in Section 4.1) are only granted a non-exclusive, non-transferable, limited, revocable license to Use the Software and Paid Content for personal use in accordance with this EULA. Amaze reserves all rights not expressly granted to You.
3.2 - Amaze is and remains the owner of any intellectual property rights with respect to the Software. You shall not acquire any ownership to the Software as result of Your Use of the Software.
4.1 – Any applicable fees for the Use of the Software are specified within the check-out interface on Amaze's website. By Using the Software, and agreeing to the terms of this EULA, You are agreeing to pay the amount set forth on the applicable check-out interface. Accounts may be designated “Paid Accounts” or “Free Accounts” in accordance with the fees specified within the check-out interface on Amaze's website. If you elect to have a Paid Account, You agree to the pricing and payment as listed on the check-out interface on Amaze's website which we may update from time to time. Amaze will provide 14 days’ notice of any such changes to the email address provided by You when You signed up for the account. Amaze may add new services for additional fees and changes, or amend fees and charges for existing services, at any time in its sole discretion.
4.2 – From time to time, Amaze may offer the ability to prepay any applicable fees related to the Software. Unless otherwise provided on Amaze's website, or agreed to in writing, regardless of any prepayment, all payment obligations are non-cancelable and non-refundable.
4.3 – If any fees You owe to Amaze (excluding amounts disputed reasonably and in good faith) are thirty (30) days or more overdue, Amaze may, without limiting its other rights and remedies, downgrade Your access to a Free Account, and/or terminate Your access to the Software and any rights that you may have hereunder. Further, Amaze may charge a late fee on all past due amounts at the rate of the lower of (i) 1.5% per month or (ii) the maximum rate permitted by applicable law.
4.4 - Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You will be responsible for paying all Taxes associated with your Use of the Software, except for those taxes based on Amaze's net income.
5.1 - In order to be able to Use the Software and receive Updates and upgrades, Your computer shall have access to the Internet and shall meet the system requirements described in any applicable Documentation.
5.2 - You shall Use the Software in accordance with applicable laws and shall not:
5.3 - Amaze may modify the Software at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and upgrades.
5.4 - Certain components of the Software are Open Source Software and licensed under the terms of the applicable license(s) of the Open Source Software. Some of the Open Source Software may be owned by third parties. The Open Source Software is not subject to the terms and conditions of this EULA. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software.
6.1 - Amaze will notify You of any available Updates and upgrades, and You will be entitled to receive Updates free of charge.
6.2 - Any maintenance and support provided by Amaze, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.
6.3 - You acknowledge that all Pre-Release Software Used by you is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. You agree that the Pre-Release Software is experimental in nature, have not been fully-tested and may be discontinued at any time with or without notice.
7.1 - As between the parties, all Content, except for Content uploaded by You, is owned by Amaze or its licensors. Subject to this EULA, Amaze grants to You a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use (i.e. to download and display locally) Content solely for purposes of using the Software in accordance with this EULA.
7.2 – Paid Content may be supplied by third party websites (“Third Party Paid Content”). Attribution to the third party websites will be provided and Your Use of the Third Party Paid Content will be subject to the terms provided by the applicable third party website and this EULA.
7.3 – Regardless of the terms of the Third Party Paid Content, no Paid Content may not be used in the following manner:
8.1 – You agree to assist us in testing, evaluating, refining, and improving the Software, including but not limited to providing us with comments, suggesting improvements, and by allowing Amaze to observe and record your usage activity on the Software (collectively, “User Feedback”). You, on behalf of yourself and your successors in interest, grant to Amaze a world-wide, non-exclusive, irrevocable, perpetual, royalty-free and fully paid-up right and license to use, profit from, disclose, publish, or otherwise exploit any User Feedback. Without limiting the generality of the foregoing, You agree that your provision of Feedback does not give it any intellectual property or any other right, title, or interest in or to any aspects of the Software, even if such Feedback leads Amaze to create new Software.
8.2 – Amaze and its subsidiaries may periodically collect and use technical and related data concerning the Software You have licensed, including about the version number of the Software You have Used, the system You have Used the Software on, and your usage data. Amaze will use such data to facilitate maintenance and support with respect to the Software, to improve its products and to provide further services or technologies to You.
9.1 - You Use the Software at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.
9.2 - The Software and accompanying documentation are provided on an “as is” and “as available” basis without warranty, express or implied, of any kind, and Amaze specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Amaze, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.
10.1 -The liability of Amaze and any third party that has been involved in the creation, production, or delivery of the Software for all damages arising out of or in any way relating to the the Software and/or this EULA shall in no event exceed the total amount of $50.
10.2 - Amaze and any third party that has been involved in the creation, production, or delivery of the Software are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the Software).
10.3 - The limitations of liability referred to in clause 10.1 and 10.2 shall not apply in the event that damages arise from the willful misconduct or gross negligence of Amaze.
11.1 - This EULA will continue to be in force until the expiry or termination as set forth herein.
11.2 - Amaze is entitled to terminate the license hereunder during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA or in the event Amaze is required to do so by law or an order of an applicable court.
11.3 - Upon termination hereunder, You shall cease all Use of the Software and shall destroy all copies thereof and Amaze may prevent your Use of the Software.
11.4 - You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.
12.1 - This EULA shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules.
12.2 - Any dispute between Amaze and You shall exclusively be submitted to the competent court in the Northern District of California.