This software product (“CANVID” or “the Software") and related services and documentation are products of VideoCom.Com Inc, a Delaware, USA corporation (the “LICENSOR” or “Us” ).
This End User License Agreement (“EULA”) is an agreement between LICENSOR and you, either an individual not under the age of 16, or an entity (“You” or “Your”). Please read the EULA carefully as it applies to both the Software and any subsequent version of the Software (including any updates or supplements), documentation, cloud and Internet-based services, and support services for this software unless other terms accompany those items. If so, those terms apply.
By using the Software and related services, you agree to be bound by this EULA, including the terms and conditions of our Privacy Policy, which is incorporated herein by reference.
If You don't accept the EULA, do not use the Software. If you comply with the license terms of this EULA, you have the rights below.
- GENERAL SCOPE OF LICENSE
The software is licensed, not sold. This agreement only gives You some rights to use the Software and services provided by LICENSOR depending on Your license type (“License Types” or “Licensing Types") as detailed in section 2. LICENSOR reserves all other rights. Unless applicable law gives You more rights despite this limitation, You may use the software only as expressly permitted in this agreement. In doing so, You must comply with any technical limitations in the software that only allow You to use it in certain ways. You may not:
- Work around any technical limitations in the software.
- Reverse engineer, decompile, or disassemble the software, except and only to the extent that applicable law expressly permits despite this limitation.
- Make more copies of the software than specified in this agreement or allowed by applicable law despite this limitation.
- Publish the software for others to copy.
- Rent, lease, or lend the software.
- Transfer the software or this agreement to any third party.
- Use associated cloud services for commercial media hosting services.
- RIGHTS APPLICABLE TO YOUR LICENSE TYPE
This section details the terms for various License types incorporated in the terms of this EULA. If you download and use the Software without purchasing or acquiring any of the other listed License Types, the terms specified in section 2.1 (Trial License) apply to You. If You purchase a license, the purchase order will usually specify which License Type applies to You; otherwise, you may consult the “about box” or settings section of the Software to review the License Type.
2.1 Trial License
- License Grant: Licensor grants You a time-bound, non-exclusive, non-transferable, and non-sublicensable license to download, install, and use the Software for evaluation purposes only. The Trial License is provided to You exclusively to help you evaluate the suitability of the Software for Your private or business purposes. The Software may have several features disabled, such as the ability to export media, and/or other limitations.
- Fee and Payment: The Trial License is provided by the LICENSOR to You free of charge and may be revoked by the LICENSOR without notice.
2.2 Subscription License
- License Grant: Licensor grants You a time-bound, non-exclusive, non-transferable, and non-sublicensable license to download, install, and use the Software for Your private or business purposes for the term of the subscription, which may be monthly, quarterly, or annual ("Subscription Term"). The Software may be installed and used on up to 3 devices by a single user (You as an individual or You as a single person affiliated with an entity).
- Fee and Payment: A subscription fee (“Subscription Fee”) is usually payable in advance of each Subscription Term.
- Renewal: Your subscription may automatically renew at the end of each Subscription Term, and another Subscription Fee will be charged unless You cancel your subscription before the end of the then-current Subscription Term.
- Maintenance & Cloud Service Contract: Online Technical support, Software updates, and use of Cloud Services as further described in Section 3 are included with a Subscription License during the Subscription Term.
2.3 Perpetual License
- License Grant: Licensor grants You a perpetual, non-exclusive, non-transferable, and non-sublicensable license to download, install, and use any version of the Software published or released by the LICENSOR up to ONE YEAR after the initial purchase for Your private or business purposes. The Software may be installed and used on up to 3 devices by a single user (You as an individual or You as a single person affiliated with an entity).
- Maintenance & Cloud Service Contract: Online technical support, Software updates, and use of Cloud Services as further described in Section 3 are included for the term of 1 year.
- Renewal of Maintenance & Cloud Service Contract: An active Maintenance & Cloud Service Contract is optional for Perpetual Licensing. You may choose to purchase one or more annual terms of the Maintenance & Cloud Services contract at any time before or after the expiration of Your current maintenance contract.
- MAINTENANCE & CLOUD SERVICE CONTRACT
When purchasing a license for a fee, LICENSOR includes additional maintenance & cloud services (“Maintenance & Cloud Service Contract”) which may only be available to You during a specified contract period depending on the License Type that applies to Your use of the Software as detailed in section 2. When/if your Maintenance & Cloud Service Contract expires, LICENSOR may provide you with an option to extend your Maintenance & Cloud Service Contract. During the term of your Maintenance & Cloud Service Contract, the services covered in sections 2.1, 2.2, and 2.3 are available to You.
3.1 Online Technical Support & Software updates: If you have an active Maintenance & Cloud Service Contract, You are eligible to receive online technical support and updates to the Software when LICENSOR makes such updates available. LICENSOR retains the right to add, change, or remove features or functions of the Software when it releases new versions of the Software.
3.2 Upload, share, and process assets in the cloud: If you have an active Maintenance & Cloud Service Contract, LICENSOR may provide a cloud service that enables You to upload, process, and share your media (videos, projects, or images) in the cloud. If your Maintenance & Cloud Service Contract expires, You will no longer have access to this service. At the discretion of the LICENSOR, the media You have already uploaded to the cloud may remain active during a grace period within which You MUST renew your Maintenance & Service Contract to avoid deletion of Your media. LICENSOR retains the right to change the functionality offered, the amount of storage and bandwidth allocated to You, and/or any other aspect of the cloud services.
3.3 Use cloud-based AI services for selected AI workloads: If you have an active Maintenance & Cloud Service Contract, the Software may provide You with the ability to execute selected AI workloads in the cloud for faster execution. If you have compatible hardware, the Software may provide you with an option to execute such AI workloads on your local computer with cloud execution as an option (audio transcription in the Software is an example of such an AI workload).
If your Maintenance & Service Contract expires, You will no longer have access to execute AI workloads in the Cloud and you may receive an error if you try to use it. If the given AI workload provides an option for local execution, you will still be able to use this.
LICENSOR retains the rights to change or cancel any of the AI Cloud-based services provided under the Maintenance & Cloud Service Contract at any time.
- TRANSMISSION AND COLLECTION OF DATA
You agree that LICENSOR may obtain information and data from You in connection with Your registration, installation, and use of the Software. LICENSOR may also collect and process technical and performance information about your use of the Software and associated services and use this information to support and troubleshoot issues, provide updates, analyze trends, and improve LICENSOR's products or services. LICENSOR shall be allowed to use such data and share such data with LICENSORS processing partners for legitimate data processing purposes as specified in the Privacy Policy.
- MISCELLANEOUS
This Agreement shall be governed by the laws of Delaware without reference to conflict of laws principles. You shall not assign this Agreement directly or indirectly by operation of law or otherwise without the prior written consent of LICENSOR. You shall comply in all respects with all U.S. and foreign export and re-export laws and regulations applicable to the technology and documentation provided hereunder. This is the entire agreement between the parties relating to the subject matter hereof. No waiver or modification of this Agreement shall be valid unless in writing signed by each party. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.
- DISCLAIMER OF WARRANTY
The software is licensed “as-is.” You bear the risk of using it. LICENSOR gives no express warranties, guarantees, or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, LICENSOR excludes the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- UPDATES TO THIS EULA
The EULA and/or the Privacy Policy incorporated herein may be updated from time to time. Such updates will not diminish or remove the rights to use the Software for Perpetual License holders. If you have provided your contact information to Us, We will notify You if or when such updates take place.
Last updated: June 26, 2024