PLOTAGRAPH PRO MEMBERSHIP & SOFTWARE 
Terms of Service

PLOTAGRAPH, INC. et al. SOFTWARE INDIVIDUAL USER AGREEMENT
By licensing Plotagraph Pro Software you have agreed to these terms and conditions. These terms and conditions are subject to change with as little as 30 days written notice.
THIS AGREEMENT is made by and between PLOTAGRAPH, Inc. and the user. Be it known that PLOTAGRAPH, Inc. et al., (herein referred to as “the Company”) are the owners and representatives of the software written for Dynamic Content creation, by creating output (file or files) that have the appearance of animation as a derivative from the original file(s).
GENERAL TERMS AND CONDITIONS A. The Company has developed an image manipulation software program ("Software") that creates dynamic looping content files as derivative works of original images. B. User wishes to serve as a user for such Software and will receive all ownership rights to output created from the user’s original images. C. the Company does not retain any usage rights of the original image or output known as a Plotagraph.
NOW, THEREFORE, in consideration of the mutual covenants and premises herein contained, the parties hereto agree as follows:
THIS AGREEMENT is made by and between PLOTAGRAPH, Inc. and the user. Be it known that PLOTAGRAPH, Inc. et al., (herein referred to as “the Company”) are the owners and representatives of the software written for Dynamic Content creation, by creating Output (file or files) that has the appearance of animation as a derivative from the original file(s).
GENERAL TERMS AND CONDITIONS
A. The Company has developed an image manipulation software program ("Software"). That creates Dynamic Looping Content files as derivative works of original images. B. User wishes to serve as a user for such Software and will receive all ownership rights to Output created from the Users Original Images. C. The Company does not retain any usage rights of the original image or output known as a Plotagraph.
NOW, THEREFORE, in consideration of the mutual covenants and premises herein contained, the parties hereto agree as follows:
1. The Company grants a non-exclusive, non-transferable, single user license to use the Software solely for self promotion, marketing and social media purposes. The User may not engage in the commercialization of the Photograph, i.e., sell the output, also know as a Plotagraph for the duration the free trial, if applicable.
2. In consideration of this Agreement, the user agrees to serve as a "tester" for the software and may be called upon to answer questions of the Company, reporting problems and ideas or suggestions for enhancements, which come to the user’s attention during the period of this Agreement and for one (1) year thereafter; and hereby assigns to the Company all right, title and interest to such enhancements and all ownership rights therein, including without limitation all patent, copyright, trade secret, trademark, service mark, or moral right including any and all other intellectual property rights whatsoever claimable.
3. User agrees that they will not attempt to modify, reuse, disassemble, decompile, reverse engineer or otherwise translate Software or any portion thereof.
4. Software may not operate correctly and may be substantially modified prior to first commercial shipment, or withdrawn. Software is provided "AS IS" without warranty of any kind. The entire risk arising out of the use or performance of Software remains with User. In no event shall the Company be liable for any damage whatsoever arising out of the use of or inability to use Software, even if the Company has been advised of the possibility of such damages.
5. If a return or refund is requested within 24 hours of licensing the software, the Company will provide a full refund of the licensed amount. If a return or refund is requested after 24 hours of license, no refund will be given.
6. Any notice required by this Agreement shall be given by prepaid, first class, certified mail, return receipt requested to above address or such other address as may be given from time to time under the terms of this notice provision.
7. This Agreement constitutes the entire and only agreement between the parties for Software and all other prior negotiations, representations, agreements, and understandings are superseded hereby. No agreements altering or supplementing the terms hereof may be made except by means of a written document signed by the duly authorized representatives of the parties.
8. User shall comply with all applicable California federal, state and local laws, regulations, and ordinances in connection with its activities pursuant to this Agreement.
9. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software.
10. This License Agreement is governed by the law of California applicable to California contracts.
11. Failure of the Company to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved.
12. If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, as to whether if any part is invalid it shall not to affect the validity or enforceability of any other part of this Agreement.
IN WITNESS WHEREOF, parties hereto have caused their duly authorized representatives to execute this Agreement. By licensing or signing up for a trial you have agreed to these terms and conditions.
Copyright 2016 - PLOTAGRAPH, Inc. - All Rights Reserved