Software User License Agreement

Thank you for your interest in the SketchBot Software (“Software”) offered by Picture Mosaics LLC (“Picture Mosaics”). By purchasing or downloading the SketchBot Software, you agree to the following:

This is a legal agreement ("Agreement") between you (either an individual or, if purchased or otherwise acquired by or for an entity, an entity), the end user ("Customer" or "you"), and Picture Mosaics. The terms below apply to Software, license keys, online video tutorials, and documentation for the Software, as well as any support services provided by Picture Mosaics with respect to the foregoing, unless other terms accompany those items. If so, those terms apply.

Definitions

  1. “Software” is defined as the application installed on your Computer that allows the specified robotic arms to sketch portraits. Support for this version includes up to five (5) robotic arms.

  2. “Third Party Application” is defined as third party applications, not developed by or associated with Picture Mosaics, that are installed during the installation and may be used in conjunction with the Software.

  3. “Support Services” is defined as email, online chat, or telephone support

  4. “Training” is defined as a scheduled learning session for the Software

  5. “SketchBot Portal” is an online website that allows you to log into your account and perform a number of functions, such as: downloading software, configuring modes (local or Dream Studio), emails sharing, text sharing, data capture, configuring visual gallery displays, iPad app configuration, renewing your license, etc.

  6. “Dream Studio” is an Ai cloud service that allows for more artistry, creativity, flexibility and detail in sketches. Dream Studio is configured and activated in the SketchBot Portal. Dream Studio uses credits and is defined further below.

Terms

  1. To use the Software, you will have needed to have a valid license key.

  2. Grant of License and Limitations:

    1. Subject to the terms and conditions of this Agreement, Picture Mosaics grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, royalty-bearing, terminable, worldwide license to install and use one copy of the Software on a single desktop or laptop computer within a single operating system.

    2. This Agreement does not allow the Software to exist on more than one computer, or to be shared, installed or used on different computers or by more than one user at a time. If you have multiple licenses for the Software, you may then have as many copies of the Software as you have licenses, in use at any given time.

    3. This Agreement permits you to make one copy of the documentation associated with the Software solely for backup or archival purposes. You may not publish or otherwise distribute the documentation.

    4. All media, including images and videos, posted on websites operated by Picture Mosaics, content created in social media posts, blog posts, or articles published by Picture Mosaics and its affiliates, as well as any other content under ownership by Picture Mosaics or its affiliates, requires prior written permission for any usage.

    5. Any media (images or videos) provided to Customer by Picture Mosaics does not constitute as permission to use the SketchBot trademark, brand name, logo, and product likeness or any derivation of SketchBot branding (e.g., Ai SketchBot).

    6. SketchBot branding in instances including, but not limited to, the PC application, iPad photo capture application, instructional materials, and packaging does not constitute granted permission to use the SketchBot trademark, name, logo, or likeness.​

    7. You acknowledge and agree that all intellectual property rights, including but not limited to trademarks, copyrights, and any associated goodwill, remain the exclusive property of Picture Mosaics. You shall not, at any time, claim ownership of the intellectual property or take any action inconsistent with Picture Mosaics' ownership rights.

    8. This Agreement expressly agrees not to (and not to allow others to):

      1. reproduce, sublicense, distribute, transfer or dispose of or otherwise use or exploit any of the Software, in whole or in part, other than as expressly permitted in this Agreement;

      2. use the Software on any server operation systems or any server type systems;

      3. use and access the Software via network, OS, PC, workgroup and any hosting services from allowing more than the maximum number of authorized users concurrently;

      4. provide, lease, lend, use for timesharing or service bureau purposes or otherwise use the Software for the benefit of any third party;

      5. use the Software to reproduce any materials including but limited to video, audio, file, stream other than you are authorized or legally permitted to reproduce;

      6. embed the Software into, or as a part (includes as a part of automatic processing) of any other products or systems except for your own personal use;

      7. modify, attempt to modify, translate, create derivative works of, reverse engineer, decompile, disassemble, or attempt to discover any source code or underlying ideas or algorithms of the object code of any portion of the Software (except and only to the extent that applicable statutory laws prohibit certain reverse engineering and similar restrictions).

  3. Due to the nature of license key distribution, Picture Mosaics does NOT accept any returns and/or refunds of the Software.

  4. Online Validation. Use of the Software is subject to successful completion of a license verification process using the Internet (the "Online Validation") performed during the first launch of the Software following installation. Additional Online Validation will be performed automatically by the Software on a periodic basis (i.e. every 30 days).

    1. You shall provide the hardware and software environment necessary for Online Validation to take place. Changes to your computer's hardware and/or operating system following installation of the Software may result in the need to redo the Online Validation.

    2. The purpose of the Online Validation process is to verify you possess an authorized license. After each Online Validation process you may use the Software in accordance with the terms and conditions of this Agreement.

    3. Any attempt by you, or others using the Software, to (i) access the Online Validation server for any purpose other than obtaining a license key through the standard processes; and/or (ii) intercept, decrypt or alter content transmitted using the Software, may result in immediate termination of this Agreement. Picture Mosaics also may immediately terminate this Agreement in the event of unauthorized or illegal use of the license key.

    4. Proprietary Material The foregoing license gives you limited license to use the Software, license keys and documentation. All copyrights, patents, trademarks, know-how and any other intellectual property relating to the Software, copies thereof, support services (if any), license keys and documentation belong exclusively to Picture Mosaics and its suppliers. Picture Mosaics and its suppliers have granted the right to this non-perpetual license to you in this Agreement. Customer shall not alter or remove any copyright, trademark or other proprietary notice in the Software, license keys or documentation. All rights not specifically granted in this Agreement are reserved by Picture Mosaics and its suppliers.

    5. Support Services Picture Mosaics will use commercially reasonable efforts to provide authorized Customer with Software maintenance and minor updates and support in accordance with its standard practices via email and English language only (as amended from time to time, "Support Services"). Picture Mosaics shall have no obligation to support any version other than the then current version. Customer agrees that Picture Mosaics does not guarantee for any Support Services resulting from (a) problems, errors or inquiries relating to any hardware, system, service or other software or (b) use of any unsupported version of the Software.

    6. Picture Mosaics makes available training videos to allow you, the Customer, to learn the Software.

  5. For standard usage (local Ai), there are no additional costs. However to use Dream Studio mode, you will need to ensure your account has credits. Your account will start at 100 credits (i.e. $100). Credits used for Dream Studio Mode have a starting rate of 0.15 credits (i.e. $0.15) per sketch, however this value can range over time. To review this rate, or purchase more credits, you can access your account in the SketchBot Portal.

  1. Data capture, sending share emails, and sending share text messages use credits. The rates of these features start at 0.05 credits (i.e. $0.05) and vary based on feature and can vary over time. To review these rates, or purchase more credits, you can access your account in the SketchBot Portal.

  1. Disclaimer

  1. You expressly acknowledge and agree that the use of the Software, Support Services, license keys and documentation is at your sole risk. The Software, Support Services, license keys and documentation are provided "AS IS" and without warranty of any kind.

  2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PICTURE MOSAICS EXPRESSLY DISCLAIMS WITH RESPECT TO THE SOFTWARE, SUPPORT SERVICES (IF ANY), LICENSE KEYS AND DOCUMENTATION ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, TITLE, OR QUIET ENJOYMENT. PICTURE MOSAICS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR THAT THE SUPPORT SERVICES (IF ANY), LICENSE KEYS OR DOCUMENTATION WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE, LICENSE KEYS OR DOCUMENTATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE, LICENSE KEYS OR DOCUMENTATION WILL BE CORRECTED. FURTHERMORE, PICTURE MOSAICS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE, SUPPORT SERVICES, LICENSE KEYS OR DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PICTURE MOSAICS REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE INEFFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, CORRECTION OR REPLACEMENT. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL SAFE CONTROLS, INCLUDING, WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PICTURE MOSAICS, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. PICTURE MOSAICS SHALL HAVE NO RESPONSIBILITY IF THE SOFTWARE HAS BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE OF THE SOFTWARE.

  1. Indemnity. You agree to indemnify, defend and hold Picture Mosaics and their subsidiary and parent entities, predecessors, successors, affiliates, and assigns, and all of their respective current and former officers, directors, members, shareholders, agents, and employees from any and all action, cause of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys' fees and costs)), which arise out of or are related to (1) your inability to download, install, validate or use the Software, Support Services (if any), license keys or documentation; (2) your use of the Software, Support Services (if any), license keys or documentation.

  2. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PICTURE MOSAICS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SOFTWARE, SUPPORT SERVICES, LICENSE KEYS, OR DOCUMENTATION AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING APPLIES EVEN IF PICTURE MOSAICS KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE ENTIRE LIABILITY OF PICTURE MOSAICS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR ONE UNITED STATES DOLLAR (US$1.00). THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS AGREEMENT.

  3. The Warranty Disclaimer and Limitation of Liability set forth above are fundamental elements of the basis of this Agreement. Picture Mosaics would not be able to provide the Software on an economic basis without such limitations. Such Warranty Disclaimer and Limitation of Liability inure to the benefit of Picture Mosaics' licensors.

  4. Duty of Confidentiality

    1. You recognize and agree that all intellectual property relating to the Software, Support Services (if any), license keys and documentation is confidential, is protected by law, and is "Picture Mosaics proprietary material." Customer shall take no action causing the Software, Support Services (if any), license keys, documentation, or any other Picture Mosaics proprietary material to lose its character as such or to cease to qualify as Picture Mosaics proprietary material. You shall maintain the confidentiality of all information obtained from Picture Mosaics, such as your license key (serial number) and any other information regarding user support. You shall not sell, trade, or transfer this information to third party without prior written permission of Picture Mosaics. If you are requested to disclose this information by a governmental entity, national organization, or any other third party, you shall give Picture Mosaics prompt written notice of such requirement prior to such disclosure in order to allow Picture Mosaics to obtain a protective order or the like.

    2. Regarding section 8-a, the following cases are exceptions.

      1. Information which was publicly known and made generally available by Picture Mosaics prior to the time of disclosure to you;

      2. Information which becomes publicly known and made generally available without action or inaction of you;

      3. Information which is obtained by you from a third party without a breach of such third party's obligations of confidentiality; and

      4. Information which is independently developed by you without use of or reference to Picture Mosaics' Confidential Information.

  5. License Transfer. The software and license may be used on a single computer, but may be transferred from one computer to another on a limited basis. A single license is limited to a maximum of two (2) transfers per yearly license term. If Customer wishes to transfer the license from one computer to another, a written request must be submitted to Picture Mosaics. The license transfer will need to be performed by Picture Mosaics before the new computer is able to be registered with the license. The transfer request will be reviewed, and if approved, performed within a reasonable time frame (1 to 3 business days). This transfer would apply only on the device level (i.e. computers under the ownership of the Customer); the license can not be transferred to another person or entity, nor would this transfer extend or reset the valid license term in any way.

  6. Third-Party Leasing. The Software and accompanying software license key are strictly for the use of the Customer and may not be rented, leased, or sublicensed to any third-party. Any unauthorized rental or leasing of the software or software license is a violation of this agreement and may result in immediate termination of the license and legal action.

  7. License Obligations. To maintain a valid license, after the first year, Customer will need to renew their license on a yearly basis. A yearly license fee is required to renew and maintain a valid license and receive software updates and to receive support. This fee can vary over time and can change at any  time. Picture Mosaics, at its own discretion, at any time, make license renewal a requirement to use the software. If the Customer forgoes renewal within 30 days of the renewal date, additional fees may apply to renew the license. Picture Mosaics is not obligated in any way to notify Customer of any fee changes. You further agree not to:

    1. Attempt to “hack”, “crack”, reverse engineer or modify the Software, or discover, download or publish source code, bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Software;

    2. Operate or connect the Software with unauthorized third-party devices or software;

    3. BREACH OF YOUR OBLIGATIONS HEREIN MAY RESULT IN THE TEMPORARY OR PERMANENT SUSPENSION OF YOUR SOFTWARE OR YOUR ACCOUNT AND LOSS OF ACCESS TO THE CONTENT ASSOCIATED WITH THE ACCOUNT.

  8. Software Updates. If the license is not validity, i.e. Customer has not renewed their license for that year, Customer will not have access to software updates. Such software updates may be required overtime to ensure stability, security, compatibility, and operational software.

  9. Term. This Agreement is effective in the case of Software made available with license key, or not later than 14 days after the purchase of the software license. The license to use the Software is subject to the terms and conditions of this Agreement, unless terminated pursuant to Term 15.

  10. Termination

    1. Your rights under this Agreement will terminate immediately without notice from Picture Mosaics if you fail to comply with any term(s) of this Agreement.

    2. Picture Mosaics reserves the right to terminate this Agreement if a new version of the Software is released which is incompatible with the Software.

    3. Customer may terminate this Agreement at any time without notice to Picture Mosaics.

    4. Upon termination of this Agreement under any circumstances, Customer shall cease all use of the Software and destroy all copies of the Software, documentation and any applicable license keys.

    5. Upon termination, Customer shall not be entitled to any refund of any portion of the license fee.

    6. Sections 7, 8, 9, 12, and 16 remain in force even after this Agreement expires or is terminated.

  11. Controlling Law and Severability. This Agreement shall be governed by the laws of the United States of America without regard to conflict of law principles. Any suit, action or proceeding relating to this Agreement shall be commenced in a Montgomery Country, Pennsylvania Court in the United States of America. The prevailing party in any action to enforce this Agreement shall be entitled to recover its reasonable attorneys' fees and costs. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement shall continue in full force and effect.

  12. Amendments, Modifications, and Updates. Picture Mosaics reserves the right to amend, modify, or update the terms of this agreement at any time without prior notice. Any changes will be effective immediately upon posting on the website, https://sketchbot.com. It is your responsibility to review these terms periodically for any updates. Your continued use of the software after the changes constitutes your acceptance of the modified terms.

  13. Miscellaneous

    1. This Agreement, and any additional terms applicable to Support Services (if any) and license keys are the entire agreement for the Software, Support Services (if any) and license keys. This Agreement supersedes any previous or contemporaneous agreement, documentation, or understandings, whether oral or written between the parties (if any) with respect to any and all version of the Software. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relating to the Software licensed hereunder shall be of no effect. Any failure or delay of Picture Mosaics to exercise any its rights under this agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach.

    2. You will comply with all applicable laws, regulations, rulings, and executive orders of any governmental authority relating to the exportation and importation of the Software, including, but not limited to, the export and destination control regulations for U.S. goods.

    3. If you have any questions regarding this Agreement or the Software, please contact at https://www.picturemosaics.com/contact

    4. This Agreement is written only in the English language, which language will be controlling in all respects. Versions of this Agreement in any other language are only for accommodation and are not binding upon the parties. To be effective, any communications or notices to be made or given pursuant to this Agreement must be in the English language, except as may be required under applicable law.

    5. This Software may contain third party software which requires notices and /or additional terms and conditions. Such required third party notices and /or additional terms and conditions are presented below, and are made a part of and incorporated by reference into this Agreement. By accepting this Agreement, you are also accepting the notices and / or the additional terms and conditions, if any, set forth therein.

Supporting Software
Customer acknowledges that the Software may interact with other Third Party Applications that are installed at the time of installation. These Third Party Applications exist under separate licenses, which are also listed at the time of installation.
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