Terms and Conditions

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PURCHASING OR USING PIXEXCEL PRODUCTS AND SERVICES. BY USING OR PURCHASING PIXEXCEL PRODUCTS OR SERVICES, CUSTOMER SIGNIFIES ITS ASSENT TO THIS AGREEMENT. IF YOU ARE ACTING ON BEHALF OF AN ENTITY, THEN YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF CUSTOMER DOES NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN IT MUST NOT USE OR PURCHASE PIXEXCEL PRODUCTS AND SERVICES.

The Effective Date of this Agreement is the earlier of the date that Customer accepts this Agreement or the date that Customer uses PixExcel's products or services.

The term "Services" as used in this Agreement means, collectively, the Update Services provided under the purchased subscription. The term "Software" means the family of software products purchased under this Agreement, if any. The term "Installed Systems" means the number of Systems on which Customer installs the Software. The term "System" means any hardware on which the Software is installed, which may be, without limitation, a server, a work station or a virtual machine, as applicable. The initial number of Installed Systems is the number of copies of the Software that Customer purchases.

1. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, PIXEXCEL DOES NOT REPRESENT OR GUARANTEE THAT THE USE OF THE SOFTWARE OR SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD ANY SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF THIS SOFTWARE IS AUTHORISED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

2. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL PIXEXCEL BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF PIXEXCEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3. This software is believed to be freely redistributable under the terms of the Free/Open Source licenses of each of it's components. However, to the maximum extent allowed by the laws of the United Kingdom, PixExcel Limited disclaims any and all responsibility for this product. It is your responsibility to determine the suitability of this product for your intended purpose and the legality of using, modifying and reproducing it in your jurisdiction.

4. If Customer wishes to increase the number of Installed Systems, then Customer will purchase from PixExcel additional Services for each additional Installed System. If Customer fails to comply, PixExcel reserves the right to terminate the Services.