By installing, copying, or using the Software, you ("Licensee," "you") agree to the terms of this End User License Agreement ("Agreement"). If you do not agree, do not install or use the Software.
1. License grant
Subject to your compliance with this Agreement and, where applicable, a valid purchase through the Adobe Exchange marketplace, Licensor grants you a non-exclusive, non-transferable, revocable license to install and use the Software, in object-code form only, on computers you own or control, for your own internal design, prepress, or production work. This license is for a single named user; if your organization needs multiple users to run the Software concurrently, each additional user needs their own licensed copy unless you have a separate written agreement with Licensor.
2. Ownership
The Software is licensed, not sold. Licensor and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights, the underlying halftoning algorithms and screen designs, and all copies you are permitted to make. No rights are granted except as expressly stated in this Agreement.
3. Restrictions
You may not, and may not permit anyone else to:
- copy, distribute, sell, rent, lease, sublicense, or otherwise transfer the Software to any third party, except through a resale mechanism Adobe Exchange itself provides;
- reverse engineer, decompile, or disassemble the Software, except to the extent applicable law expressly permits despite this restriction;
- modify, adapt, or create derivative works of the Software;
- remove, obscure, or alter any proprietary notices on or in the Software;
- use the Software to build a competing halftoning or RIP product, or to extract and reuse its screening algorithms outside the Software itself.
4. Third-party components
The Software bundles open-source components, each under its own
license (Apache-2.0, BSD, and similar permissive terms). The full
list and license texts ship with the Software as
THIRD-PARTY-LICENSES.txt; those components remain
governed by their own licenses to the extent required, alongside
this Agreement.
5. Your files stay yours
You retain all rights to the artwork and documents you process with the Software. Licensor claims no ownership interest in your files. See our Privacy Policy for how (and how little) the Software touches your data — in short, it runs entirely on your machine and transmits nothing.
6. Updates
Licensor may, but is not obligated to, provide updates, patches, or new versions of the Software. Licensor may also discontinue the Software at any time. This Agreement governs any such updates unless they come with separate terms.
7. No warranty
THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Licensor does not warrant that the Software will be uninterrupted, error-free, or produce output suitable for any particular press, printer, or production condition. You are responsible for verifying output before production use, and for keeping backups — screening is applied in place to your active document, so duplicate your file first if you want to keep the continuous-tone original.
8. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR PRODUCTION TIME, ARISING OUT OF OR RELATED TO YOUR USE OF THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S TOTAL LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE. Some jurisdictions do not allow these exclusions or limits, so they may not apply to you.
9. Term and termination
This Agreement is effective until terminated. It terminates automatically if you breach any term of it. Upon termination, you must stop using the Software and delete all copies. Sections 2, 3, 5, 7, and 8 survive termination.
10. Distribution through Adobe Exchange
If you obtained the Software through Adobe Exchange, your purchase and entitlement are also subject to Adobe's own marketplace terms. Nothing in this Agreement limits or modifies those terms; where the two conflict as to the purchase transaction itself, Adobe's terms control that transaction.
11. Severability
If any provision of this Agreement is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be reformed only to the extent necessary to make it enforceable.
12. Governing law
This Agreement is governed by the laws of the Commonwealth of Kentucky, USA, without regard to its conflict-of-laws principles.
13. Contact
Lau Consulting, Inc., Lexington, Kentucky — info@drhalftone.com.