The term “Software” as used herein includes the software components you install on your own computers, as well as software components hosted by third parties accessed through the software you installed, and all related documentation that accompanies these software components.
2. Restrictions on Use. You may use the Software on one or more of your personal computers that are used by you, your company or your family, but not on computers accessed by members of the public or that belong to, or are operated by, service bureau or retail organizations. You may not make the Software available to others in connection with a service bureau, retail services, application service provider, or other similar business. The Software may contain subroutine libraries and sample files. You may not modify any of these files for any reason. You may use the Software solely for its intended purposes. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for the Software, or use any part of the Software for any use other than that for which it was supplied by us, unless specifically authorized by the Company. You may not modify, adapt, alter, translate, or create derivative works from the Software, merge the Software with other software, or integrate the Software into third party solutions. You may not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software.
3. Transfer of the Software. You may not transfer the Software to another party. You may not further redistribute, sublicense, rent, loan or lease the Software to a third party.
4. Copyright. The Software is owned by the Company and protected by copyright laws and international treaties. You may not copy the Software. The Kodak and Kodak Moments trademarks and Kodak trade dress are used by the Company under license from Eastman Kodak Company.
6. Cancellation. You can cancel your subscription to the Software at any time, and you will continue to have access to the Software through the end of your billing period.
7. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.
9. Compliance with Laws and Terms. The form and content of pictures, text or other material that you transmit or create products from is governed by applicable laws (such as, those prohibiting child abuse, child pornography, copyright infringement, or invasion of privacy). If you use the Software to transmit material to the Company, its affiliates, or any third party for printing or product fulfillment or other purposes, you must comply with the relevant terms of service. You may not use the Software to transmit to the Company, its affiliates, or any third parties any pictures, text or other material that is unlawful, whether a violation of civil rights (such as libel) or criminal law (such as obscenity), or that fosters hatred of any race, religion, ethnicity, age-group, gender or sexuality. You agree that you will defend, indemnify and hold us harmless against any claim arising out of or related to your failure to comply with the terms of this section.
10. Software Features. The Software may contain features that enable the Company to notify you of available software upgrades, and to update product data files and instructional content in the Software. The Software may also contain features that enable you to download new data files. You agree that we may utilize these features to provide such notices and updates, permit such downloads and to collect such data.
13. DISCLAIMER OF WARRANTY. You assume responsibility for operation of the Software, and for the installation, use, and results obtained from the Software.
14. LIMITATION OF LIABILITY. Your use of the Software is entirely at your own risk. Under no circumstance will the Company, its agents, licensors or suppliers be liable to you on account of your use or misuse of, or reliance on, the Software. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS LICENSORS, SUPPLIERS OR DEALERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. Feedback. The Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Software. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.