END-USER (SOFTWARE) LICENSE AGREEMENT FOR GRADIENTFILTER.COM
This End-User (Software) License Agreement (the “EULA”) is a legal agreement between you (either an individual or an entity) and GRADIENTFILTER.COM which includes associated software components, media, printed materials, Lightroom® Presets and “online” or electronic documentation (collectively referred to as “Software”).
GRADIENTFILTER.COM grants You a non-exclusive, non-transferable license to download, install, and use GRADIENTFILTER.COM Software consistent with the express terms and conditions of the EULA. This includes the right to install and use GRADIENTFILTER.COM Software and to make one copy of your GRADIENTFILTER.COM Software for backup and archival purposes provided that it includes all notices and markings, including copyright, trademark and other proprietary notices as on the original.
1. Ownership Retained By Licensor
The Licensor owns all title and copyrights in and to the Software and the Licensor has the full right and authority to grant the license granted herein. Your license does not give You any title or ownership in the Software, nor is it a sale of any rights in the Software. The only right granted to You is the right to use the Software in accordance with the terms of this Software End-User License Agreement. All rights not specifically granted to You under this Software End-User License Agreement are reserved by the Licensor.
2. Unauthorized Use
You may not copy the Software onto any public network. You may not, and You may not allow others to modify, disassemble, decompile, translate, reverse engineer, reproduce, make derivative works of or enhance the Software. You may not, and You may not allow others to rent, lease, sell, sublicense, export or otherwise transfer the Software to any other person.
In addition to any other rights it may have, the Licensor may terminate this Software End-User License Agreement if You fail to comply with the terms and conditions hereof. In such event, You must cease all use of the Software and destroy all copies of the Software and all of its component parts.
At the Licensor’s sole discretion, the Licensor may from time to time provide You with updates to the Software. Any such updates shall become part of the Software licensed to You hereunder and subject to all of the terms and conditions of this Software End-User License Agreement.
The Licensor expressly disclaims any and all warranties relative to the Software.
THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING AND USAGE OF TRADE. YOU HEREBY ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
3. Limitation of Liability
In no event shall the Licensor be liable for any direct, special, incidental, indirect or consequential damages whatsoever to You (including, without limitation, damages for loss of profits, sales or data or for business interruption) arising out of the use of or inability to use the Software, even if the Licensor has been advised of the possibility of such damages. In any event, the Licensor’s entire liability under any provision shall be limited to the amount actually paid by You for the Software. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.
If any provision of the Software End-User License Agreement is declared by a court of competent jurisdiction to be invalid for any reason, such invalidity shall not affect the remaining provisions hereof.
4. Governing Law
This Software End-User License Agreement shall be governed by the laws of Germany without regard to conflict of laws principles. You and the Licensor hereby consent to the exclusive jurisdiction of Germany and higher regional court located in Westerstede, Lower Saxony.
This Software End-User License Agreement is effective until terminated. You may terminate this License Agreement by ceasing to use the Software and, if applicable, returning the Software to the Licensor. Licensor may terminate this License Agreement if You breach any of the terms and conditions. Upon termination of this License Agreement for any reason, You shall cease using the Software and, if applicable, return the Software to the Licensor. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Licensor’s proprietary rights shall survive termination.
6. Terms of Download
By accessing the site and downloading any GRADIENTFILTER.COM product you represent, acknowledge and agree that you are at least 18 years of age. If you are under 18 years of age you have to be at least 13 years old. In this case you are only allowed to use the site with the consent of your parent or legal guardian. By accessing the site and/or downloading any GRADIENTFILTER.COM product you represent, acknowledge and agree that you have received your parent or legal guardian’s permission to enter into this agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this agreement and to fully indemnify and hold harmless GRADIENTFILTER.COM if your child breaches or disaffirms any term or condition of this agreement.
All GRADIENTFILTER.COM products are of digital nature.
GRADIENTFILTER.COM 2017 | All rights reserved. No one, for any reason, is permitted to copy the photographs, logos, patents, trademarks, service marks, text and user content belonging to other users appearing on the pages of this website without written permission from GRADIENTFILTER.COM. The permission has to be obtained in advance.
Maintaining the confidentiality of your password underlies your own responsibility. You are also responsible for all activities that occur using your passwords. You agree not to share, let anyone else use or access your password. You should inform GRADIENTFILTER.COM of any unauthorized usage of your password. GRADIENTFILTER.COM is not liable for any losses caused by any unauthorized use of your account.
GRADIENTFILTER.COM takes the protection of your personal information very seriously. Nevertheless it can happen that unauthorized third parties defeat GRADIENTFILTER.COM’s safety measures and use the information you entered for improper purposes. GRADIENTFILTER.COM is not liable to any losses caused by the unauthorized usage of your data.
10. Links/Third party websites
You may find links to third party sites on our website. Some of these are not owned and therefore not controlled by us, this includes, without any limitation, Facebook ,Twitter, Google+, Tumblr, Pinterest. We do not review, approve, endorse, or make any representations about such third party Sites, the companies or persons who own and/or operate them, or any information, software or other products and services made available by them. We provide such links as convenience to you and rely on your own judgement. It is your decision to enter or use such a third party site. GRADIENTFILTER.COM is not responsible and liable for the content of third party websites.
11. Refund / Account
There are no refunds for the cancellation of your account. GRADIENTFILTER.COM will not provide any refund for any content or data associated with you as the user and your account, whether we suspended or terminated your account or you cancelled it. No refund is provided in anyway.
12. Software requirements
You need Adobe Lightroom® 4 or 5+ and newer if you use our services and presets. Only use original and licensed versions of Adobe to achieve a correct und smooth run of all GRADIENTFILTER.COM products. With this agreement you have been notified and agreed on these circumstances. You’re responsible to comply to this requirements.
The site, content, products and memberships are furnished to you “as is“ and without warranties, representations or conditions, statutory or otherwise, of any kind. GRADIENTFILTER.COM expressly disclaims all representations, warranties and conditions whether express, implied or statutory, including, without limitation, the implied warranties of non-infringement, title, merchantability, and fitness for a particular purpose. GRADIENTFILTER.COM does not represent or warrant that the site, content, products or memberships will meet your requirements, or that the operation of the site or content will be timely, uninterrupted, stable, or secure. GRADIENTFILTER.COM does does not represent or warrant that the site, content, products or memberships will be error-free or that any defects will be corrected. GRADIENTFILTER.COM does not make any representations, warranties, or conditions regarding the use of the use of the site, content or products in terms of their accuracy, reliability, timeliness, completeness, or otherwise. Your use of the site, content, products or memberships is entirely at your own discretion and risk and you assume total responsibility for your use of the site, content, products and memberships.
This limitation of remedies is a part of the bargain between you and GRADIENTFILTER.COM. No oral or written information or advice given by GRADIENTFILTER.COM or any person on behalf of GRADIENTFILTER.COM shall create warranty or condition, or in any way change this exclusion of warranty.
Nothing in this section shall exclude or limit GRADIENTFILTER.COM’s warranties, representation or conditions to the extent they may not be lawfully excluded or limited by applicable law, in which case, such warranties, representations or conditions will be excluded and limited to the greatest extent permitted by applicable law.
YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND LICENSOR, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SOFTWARE ADDRESSED IN THIS AGREEMENT.
This Terms & Conditions have been modified on April 30th 2020.