End-User License Agreement ("Agreement")

Revision history:

March 1, 2022:
  • agreement updated to include floating license terms
February 18, 2022:
  • refund terms modified to include relevant information about refund fees for specific payment processors
January 16, 2022:
  • first version of EULA released

Please read this End-User License Agreement carefully before clicking the "I Accept" button, downloading or using tyFlow.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this End-User License Agreement:

  • Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.

  • Application means the software provided by the Company, downloaded by You to a Device, under the name "tyFlow". This includes any dynamic link libraries, executable files, data files, license files, license servers, scene files, archive files, or other files or materials released under the name "tyFlow" by the Company (for example: "tyFlow", "tyFlow PRO", "tyFlow plugin", "tyFlow example files", "tyFlow.dlo", "tyFlow.lic", "tyFlow License Server", etc).

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Tyson Ibele Productions Inc.

  • Country refers to: Canada

  • Device means any device that can access the Application such as a computer, a cellphone or a digital tablet.

  • Floating License Server refers to an Application provided by the Company that can distribute Premium License leases to connected Devices when it is activated with a Floating Premium License.

  • Floating Premium License refers to a Premium License which activates a Floating License Server’s ability to distribute Premium License leases to connected Devices. Connected Devices which receive a Premium License lease may use all of the Application’s Premium features, without limitation, for the duration of the lease.

  • Maintenance Period refers to a finite period of time (one (1) year, unless otherwise specified at the moment a corresponding Premium License or Maintenance Period extension is purchased), commencing at the moment a corresponding Premium License or Maintenance Period extension is purchased, during which a particular Premium License will remain perpetually valid for any version(s) of the Application released before, or during, that time, in accordance with the terms of this Agreement.

  • Node-locked Premium License refers to a Premium License locked to a single, specific Device, which activates that Device’s ability to use all of the Application’s Premium features, without limitation.

  • Premium License refers to any paid software license offered by the Company.

  • Premium License Seat refers to a single Premium License lease which can be distributed to a connected Device using an activated Floating License Server.

  • Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.

  • You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

Acknowledgment

By clicking the "I Accept" button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Accept" button, do not download or do not use the Application.

This Agreement is a legal document between You and the Company and it governs Your use of the Application made available to You by the Company.

The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.

If You are entering into this Agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these terms and conditions. If You do not have such authority or if You do not agree with the terms and conditions of this Agreement, do not install or use the Application, and You must not accept this Agreement.

License

License Types

In order to use the Application in accordance with this Agreement, You must acquire one of the following license types:

  • Free License: The Company hereby grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application, strictly in accordance with the terms of this Agreement.

    Certain Application features may be limited, inaccessible, disabled or unavailable while using the Application in accordance with the Free License. The Company reserves the right to change, update or modify which Application features will remain accessible and which Application features will be made inaccessible while using the Application in accordance with the Free License.

    The Free License grants You the ability to use the Application for both commercial and non-commercial purposes.

  • Premium License: With respect to each Premium License ("PRO" License) that You purchase, the Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application, strictly in accordance with the terms of this Agreement.

    The Premium License grants You the ability to use any available version of the Application released before or within the Maintenance Period, in perpetuity, without the feature limitations imposed by the Free License.

    In order to acquire a Premium License, You must purchase at least one (1) Node-locked Premium License for each Device on which the Application is used without a connection to a Floating License Server, or one (1) Premium License Seat for each lease a Floating License Server will simultaneously provide to connected Devices. Two or more Devices may not use a single Node-locked Premium License simultaneously. Two or more Devices may not lease a single Premium License Seat simultaneously.

    Both Node-locked Premium Licenses and Floating Premium Licenses must be activated before use on any of Your Devices solely via the activation process provided to You by the Company. Premium Licenses may only be activated on one (1) Device at a time. After activation, changes to Device hardware, operating system configuration or Premium License file data may inadvertently invalidate a Premium License. In order to avoid an inadvertent Premium License invalidation, You must first manually deactivate a Premium License on Your Device solely via the manual deactivation process provided to You by the Company prior to making any Device hardware or operating system configuration changes. After completing Device hardware or operating system configuration changes, the Premium License may be reactivated on Your Device solely via the Premium License activation process provided to You by the Company. Should changes to Device hardware, operating system configuration or Premium License file data inadvertently invalidate a Premium License, You may contact the Company and request a manual reactivation of the Premium License. The Company reserves the right to grant manual Premium License reactivation requests at its sole discretion.

    An activated Premium License may be transferred to another Device. To transfer an activated Premium License to another Device, You must first deactivate it via the manual deactivation process provided to You by the Company. After deactivation of a Premium License, it can then be activated on the Device You wish to transfer it to solely via the activation process provided to You by the Company.

    The Premium License grants You the ability to use the Application for both commercial and non-commercial purposes.

    You may extend Your Maintenance Period for a particular Premium License by purchasing a Maintenance Period extension, if offered, from the Company after Your existing Maintenance Period for a particular Premium License expires. Once a Maintenance Period expires, You will have thirty (30) days to purchase a new Maintenance Period extension. If You choose to purchase a Maintenance Period extension, it will extend Your existing Maintenance Period for another finite period of time (one (1) year, unless otherwise specified at the moment the Maintenance Period extension is purchased), backdated to the end of the previously expired Maintenance Period. If You do not purchase a Maintenance Period extension for an expired Maintenance Period within thirty (30) days of expiration, the expired Maintenance Period will no longer be extendable and You must purchase a new Premium License in order to use premium Application features made available in versions of the Application released after the expiration date of Your expired Maintenance Period.

License Restrictions

You agree not to, and You will not permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application.

  • Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.

  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.

  • Use the Application in any way which breaches any applicable local, national or international law.

  • Use the Application for any purpose that is a breach of this Agreement.

License Price

The price of a Premium License or Maintenance Period extension may be subject to change. The purchase of a Premium License or Maintenance Period extension at a particular price does not entitle You to another purchase of a Premium License or Maintenance Period extension for the same price, in the future.

Device Compatibility

You are responsible for ensuring Your Device meets the minimum requirements of the Application.

Intellectual Property

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.

The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or Your use of it infringes any third party intellectual property rights.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions provided by You to the Company with respect to the Application shall remain the sole and exclusive property of the Company.

The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any necessary credit or any compensation to You.

Modifications to the Application

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.

In the event that Your Premium License Maintenance Period has expired, and the Company has permanently suspended or discontinued the Premium License activation service for all versions of the Application released within Your Premium License Maintenance Period, You will be entitled to an upgrade of Your Premium License to the next available version of the Application for which the Premium License activation service has not been suspended or discontinued, at no additional cost, if such a version of the Application and Premium License service is available.

Updates to the Application

The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.

Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.

You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

Technical Maintenance and Support

The Company does not guarantee any technical maintenance or support for the download and use of the Application, and any technical maintenance or support for the download and use of the Application will be provided purely at the discretion of the Company. To the extent that any technical maintenance or support is required by applicable law, the Company shall be obligated to furnish any such maintenance or support.

Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.

You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.

You must comply with applicable Third parties’ Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at Your own risk and subject to such third parties’ Terms and conditions.

Privacy Policy

The Company collects, stores, maintains, and shares information about You in accordance with Our Privacy Policy

By accepting this Agreement, You acknowledge that You hereby agree and consent to the terms and conditions of Our Privacy Policy.

Refund Policy

A completed sale of a Premium License to You is considered FINAL, and the Company reserves the right to issue NO REFUNDS OR RETURNS on any purchase of a Premium License, with the following exception: if You request a refund for a Premium License that has not yet been activated on any Device, You will be granted a refund if Your request is made within fourteen (14) days of purchase. The value of the refund will be the total amount paid to the Company at the time of purchase, excluding a 3% refund processing fee for Stripe purchases, and a 7% refund processing fee for PayPal purchases. To request a refund for an inactive Premium License, please contact the support email listed in this Agreement.

If You are granted a refund, this Agreement will be terminated and You will no longer be entitled to any features or benefits afforded to You by the Premium License, and You must remove all Premium License data (all license files, license servers, etc) from Your Devices, in full accordance with the Termination policy outlined in this Agreement.

Term and Termination

This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Company, in the event that You fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from Your Devices.

Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from Your Devices.

Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of Your obligations under the present Agreement.

Indemnification

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of Your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section 11 shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

Severability and Waiver

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Product Claims

The Company does not make any warranties concerning the Application.

Changes to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If this Agreement is modified or replaced, notice of the date of change will be placed on the Company’s website, where the visible link to this Agreement resides.

By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and Your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

Entire Agreement

The Agreement constitutes the entire agreement between You and the Company regarding Your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

You may be subject to additional terms and conditions that apply when You use or purchase other Company’s services, which the Company will provide to You at the time of such use or purchase.

Contact Us

If You have any questions about this Agreement, You can contact Us:

  • By email: support@tyflow.com