Picture Manager For Excel – EULA
DOALITY END USER LICENSE AGREEMENT
This Agreement (the “Agreement“) sets forth the terms and conditions of any user (the “End User“, “User” or “You“) of the Doality software (the “Software“) and/or services, as defined below. THEREFORE, PLEASE REVIEW THIS AGREEMENT CAREFULLY AND INDICATE YOUR CONSENT TO THE TERMS AND CONDITIONS THEREOF BY CLICKING ON THE “I AGREE” CHECKBOX BELOW. BY DOING SO, YOU IRREVOCABLY AGREE TO BE BOUND BY ANY AND ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING ANY AMENDMENTS AND/OR ADDENDUMS THEREOF.
WHAT IS DOALITY?
“Doality” is a company providing a Microsoft Excel plug-in (add-in), incorporating the Software, and an electronic service via its website, currently doality.com (the “Website“), which enhances any Microsoft Excel workbooks or any worksheet thereof with a click of a button, incorporating images in documents.
HOW DO YOU GET STARTED?
You need to download, install the Software, open your Excel application of Microsoft Office on your computer, register your Doality plug-in therein, and you are good to go.
PLEASE NOTE THAT MICROSOFT OFFICE EXCEL MUST BE INSTALLED ON YOUR COMPUTER PRIOR TO THE INSTALLATION OF THE ADD-IN IN ORDER FOR THE SOFTWARE TO WORK PROPERLY.
As part of the Software certain machine specific information is communicated automatically to Doality servers. This information includes and is limited to the following: Reference Number provided at time of purchase, e-mail address where the authentication key is to be sent, encrypted string which utilizes machine processor name and unique identifier, time/date updates. As part of the registration of the Software certain identifiable machine specific information is communicated as a snapshot for customer service support to Doality servers. This information includes and is limited to the following: Microsoft Office Version, Microsoft Office Bitness, Operating System, and Computer Name.
WHAT DO YOU GET BY AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT?
By agreeing to the terms and conditions of this Agreement, You are entitled to a limited, non-exclusive, non-perpetual license to install the Software on any of your individual computers for your own use as well as to transfer the Software to any third party for its installation by such party, subject to the provisions herein and subject to such third party’s registration as well.
You are also entitled to perpetually use, reuse, save, backup and present any document made as a result of the use of the Software, to transfer such documents to any third party by any means, as well as to amend, modify and/or replace any and all of the images therein, all subject to any restrictions, as provided hereto and/or on the website, with respect to any trademarks, ownership and/or copyright notices.
IN ADDITION, IN THE EVENT THAT YOU WILL TRANSFER THE SOFTWARE TO ANY THIRD PARTY, YOU MUST PROVIDE THE MOST RECENT UPDATED AND INTEGRAL COPY OF THIS AGREEMENT AND MUST NOT REMOVE OR DELETE ANY OF THE TERMS AND CONDITIONS THEREIN AND/OR ANY PART OF THE SOFTWARE, INCLUDING ANY TRADEMARKS, OWNERSHIP AND COPYRIGHT NOTICES THEREIN.
HOW MUCH DOES PICTURE MANAGER FOR EXCEL COST?
The download, installation and use of the Software in demo mode are completely free of charge. The amount of the Software in registered mode is dependent on the number of licenses requested at the time of purchase.
DOALITY RETAINS ITS RIGHT TO AMEND ANY AND ALL PRICES AND FEES AT ITS SOLE DESCRETION AND WITHOUT PRIOR NOTICE.
HOW CAN YOU PAY FOR THE SOFTWARE?
All payments shall be made via Cleverbridge services and subject to the Cleverbridge instructions and legal provisions, as appearing on the www.cleverbridge.com website and as may be amended from time to time, in the sole discretion of such Cleverbridge services provider. By providing payment for the Doality services, you hereby confirm that you have read, understood and agreed to any and all the provisions of any and all applicable legal agreements of the Cleverbridge service.
Doality reserves the right to amend or remove the applicable means of payment from time to time, at its sole discretion, by posting a notice to that effect on the Website. Furthermore, Doality does not assume any responsibilities with respect to the payment process and/or any aspect of the Cleverbridge services.
For further information, please read the Cleverbridge legal agreements at: https://www.cleverbridge.com/1066/?scope=optandc&id=J1LL2UnzG1
Please notify Doality regarding any difficulty or request.
HOW LONG CAN YOU KEEP THE SOFTWARE INSTALLED?
You may keep the Software installed perpetually, unless you breach any of the terms and conditions of this Agreement and/or unless otherwise notified by Doality.
PROVISION OF INFORMATION BY YOU
Disclosure of Your Information to Doality
The term “Personal Data” refers to personally identifiable information about you, such as your name, birth date, e-mail address and/or mailing address etc.
In order to register to the Doality Service and gain access to the Software, You are required to provide certain Personal Data, like your name, postal address and e-mail address. The Personal Data You provide must be correct, current, and complete. Doality retains the right to refuse your access and use of the Software, or any part thereof, and to terminate or suspend your account, if any, if it believes that the details are not correct, current, and complete.
You are also required to provide a valid e-mail address in order to access and use the Software. You are responsible for maintaining the confidentiality of your e-mail address along with your Registration Key You have been given in order to access and use the Software and you are fully responsible for all activities that occur under your license and use of your account. You agree to notify Doality immediately if you suspect any unauthorized use of your license. Doality reserves the absolute right not to issue a Registration Key to any person or entity.
Doality processes your Personal Data only for specific and limited purposes, such as the following:
- Doality may contact you occasionally to inform you of new software or services it will be providing, or special offers, events or articles it thinks will be of interest to you.
- Doality may send you regular updates by e-mail on Doality organized or related events.
- Doality may send you requested product information and promotional material.
- Doality may use your Personal Data for marketing purposes and market research.
- Doality may use your Personal Data internally to help improve products and services as well as resolve any problems.
Disclosure of Your Information to Third Parties
In order to execute payments, each Registered User must also provide certain personal information, as reasonably required by certain third parties, such as the Cleverbridge services. Such personal information shall not be regarded as Personal Data, for the purposes of this Agreement. Doality may receive certain information from such third parties provided by You. Such information received from such third parties shall be deemed “Personal Data” for purposes of this Agreement. Doality does not collect or attain your credit card information, any information regarding your payment method and/or any information You have provided, other than the Personal Data. Therefore, Doality assumes no liability with respect to the privacy, handling and/or use of such information. Any claims with respect to such matters should be directed to the applicable third party.
Disclosure of Your Personal Data by Doality to Third Parties
Doality does not share, sell or distribute your Personal Data with unrelated third parties, except under these limited circumstances:
Personal Data may occasionally be transferred to third parties who act for or on behalf of Doality, or in connection with the business of Doality for further processing in accordance with the purposes for which the data was originally collected or for purposes to which you have subsequently consented. For example, sometimes a third party may have access to your Personal Data in order to handle our customer support on our behalf.
Doality may share or transfer the information in our databases to comply with a legal requirement, for the administration of justice, to protect your vital interests, to protect the security or integrity of our databases or this Web Site, to take precautions against legal liability, or in the event of a corporate sale, merger, reorganization, dissolution or similar event.
Where appropriate, before disclosing Personal Data to a third party, Doality contractually requires the third party to take adequate precautions to protect that data.
Anonymous Data Collected Through the Doality Software
In addition to the information Doality collects as described above, Doality uses technology to collect anonymous information about the use of the Software. This technology does not identify you personally; it simply enables Doality to compile statistics about the Users and customers of the Software and the use thereof.
Doality may use this anonymous data to improve the content and functionality of the Software, to better understand our customers and markets, and to improve our products and services.
In order to collect the anonymous data described in the preceding paragraph, Doality may use “cookies” that collect the first level domain name of the User and the date and time you accessed the Software. A cookie is a small file containing a string of characters. This information is sent to your computer when You acquire the Software and it’s stored on your computer, subject to your cookies storage preferences, so that Doality can uniquely identify a User’s browser.
Doality may also use your IP address to help diagnose problems with the Doality server and to administer the Software. An IP address is a numeric code that identifies your computer on a network – in this case, the Internet. Your IP address is also used to gather broad demographic information.
DOALITY’S PROPRIETARY RIGHTS AND YOU
Doality retains all title, ownership, rights received under any license and/or any intellectual property rights, as applicable, in the Software, (the “Doality IP“), including but not limited to all supporting documentation, files, marketing material, images, multimedia and applets. The Doality IP is protected by copyright and/or other intellectual property laws, as applicable. The Doality IP may include security measures designed to control access and prevent unauthorized copying and use. You hereby agree not to interfere with any such security components. Other than the license granted to you pursuant to the terms and conditions of this Agreement, you are not entitled and Doality does not provide you with any proprietary rights to Doality IP. You must ensure that the use of the Doality IP by any third party shall be subject to the terms and conditions of this Agreement.
Without limiting the foregoing, You may not (i) reverse engineer, decompile, or disassemble the Software or any part thereof; (ii) modify, divide, part or revise the Software, or any part thereof, or otherwise use parts, portions or elements of the Software, standing alone; (iii) attempt to gain unauthorized access to Doality’s servers or any other service, other than the Software, account, computer system or network associated with the Software, or with Doality, its affiliates, agents, partners and/or customers; (iv) block, disable, or otherwise diversely affect the Website and/or Software; (v) incorporate, integrate or otherwise include the Software or any portion thereof into any software, program or product; (vi) provide false information to Doality; (vii) use the Doality IP in any way that violates this Agreement or any applicable law; nor (viii) authorize or assist any third party to do any of the things described in this section. This Agreement shall automatically terminate upon occurrence of any of the events set forth hereinabove.
Doality does not claim any ownership to the images, which have been created by You, nor to the worksheets, as created by You. These shall be deemed Your sole title and property (“User IP“).
PLEASE NOTE, THAT BY AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HEREBY GRANT A WORLDWIDE, ROYALTY-FREE, PERPETUAL, IRREVOCABLE, SUBLICENSEABLE, NON-EXCLUSIVE RIGHT AND LICENSE TO TRANSLATE, REPRODUCE, SELL, PUBLISH, DISTRIBUTE, MODIFY, ADAPT, DISPLAY, PERFORM, PROMOTE, LINK TO OR USE, IN ANY FORM OR MEDIA, ANY USER IP, SOLELY IN ORDER TO PROVIDE YOU WITH THE SOFTWARE AND/OR BETTER THE SOFTWARE, INCLUDING PERFORMING A SEARCH BASED ON SUCH WORD OR PHRASE USING THE INTERNET. IT IS HEREBY CLARIFIED THAT SUCH USER IP SHALL NOT BE PUBLISHED IN ITS ENTIRETY ON THE INTERNET. DOALITY DOES NOT ENDORSE ANY USER IP, OR THIRD PARTY PRODUCT OR SERVICE THAT MAY APPEAR ON THE SOFTWARE. NOTHING IN THIS AGREEMENT SHALL OBLIGATE DOALITY TO USE ANY UPLOADED IP (AS DEFINED BELOW).
In the event that You provide Provided IP to Doality, Doality shall be deemed as have been granted a worldwide, perpetual, irrevocable non-exclusive, sublicenseable, royalty-free right and license from You to Doality and/or any affiliates thereof to use such Provided IP for any purposes other than commercial use. Doality does not endorse any Uploaded IP, or third party product or service that may appear on the software. Nothing in this agreement shall obligate Doality to use any Provided IP. Neither.
Each party to this Agreement hereby agrees not to disclose any information concerning the Doality IP, User IP or Provided IP, as applicable, Personal Information and/or any other confidential, financial or business information of the other party which it learns during the Term, without the prior written consent of such other party, other than otherwise permitted by this Agreement. This obligation shall survive the cancellation or other termination of this Agreement.
The Software is configured to automatically check for updates. By using the Software, you consent to receiving software updates, modifications, and/or patches that address issues such as security, interoperability, and performance. Your use of the updates shall be governed by this Agreement unless you are asked to agree to a new Agreement at the time of download or installation.
Without derogating from the aforementioned, You are obligated to check the Website from time to time for any updates of this Agreement and/or the Software and/or any amendments, addendums, service packs with respect thereto (collectively “Updates“) and install such Updates on your computer.
PLEASE NOTE, THAT DOALITY SHALL ASSUME NO RESPONSIBILITY OR LIABILITY FOR USE OF ANY SOFTWARE WHICH HAS NOT BEEN UPDATED A REASONABLE PERIOD OF TIME FOLLOWING THE PUBLICATION OF SUCH UPDATES IN THE WEBSITE.
LIMITATION OF LIABILITY
YOU SHALL BE SOLELY RESPONSIBLE TO COMPLY, AT YOUR OWN EXPENSE, WITH ANY APPLICABLE NATIONAL OR INTERNATIONAL LAWS AND REGULATIONS, INCLUDING WITHOUT LIMITATION, LAWS REGARDING DATA PROTECTION, SECURITY AND PRIVACY AND WITH ALL GOVERNMENTAL APPROVALS, LICENSES, PERMITS AND AUTHORIZATIONS WHICH MAY BE REQUIRED WITH REGARD TO YOUR USE OF THE SOFTWARE.
EXCEPT AS REQUIRED BY LAW, DOALITY AND ITS EMPLOYEES, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. DOALITY’S LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED FIVE US DOLLARS (US$5.00) [PER USER].
DISCLAIMER OF WARRANTY
YOU ACCEPT THE SOFTWARE “AS IS” AND WITH ALL FAULTS (IF ANY). DOALITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DOALITY MAKES NO WARRANTY OR REPRESENTATIONS WHATSOEVER REGARDING THE CONTENT AND YOUR USE OF SUCH, OR THE SUITABILITY OF SUCH USE TO MEET YOUR SPECIFIC NEEDS. THERE MAY BE LAWS APPLICABLE IN YOUR STATE/PROVINCE/COUNTRY THAT NEED TO BE ADDRESSED IN ANY FINAL DOCUMENT. PLEASE REVIEW AND SCRUTINIZE EACH DOCUMENT BEFORE ITS DISTRIBUTION.
REIMBURSEMENT AND INDEMNIFICATION
Though not providing any warranties with respect to the Website and/or Software, in the event you shall bring any action, claim, suit, threat or demand against Doality, which shall not subsequently prevail, you shall reimburse Doality’s entire attorney fees and costs attached to such action. In addition, in the event that Doality shall be forced to take legal action to enforce any of the terms and conditions presented in this Agreement or any of its rights described herein or under any applicable law, You will be required to reimburse its entire attorney fees and legal costs.
In the event any action, claim, suit, threat or demand is brought against Doality by any third party which has received the Software from You not in accordance with the terms of this Agreement or due to Your breach of any of the terms and conditions of this Agreement, You shall indemnify Doality with respect to any expense and/or costs borne by Doality with respect thereto as well as be liable to pay damages thereto. You hereby consent that any violation of any of the terms and conditions of this Agreement will cause a substantial and irreparable harm to Doality.
WAIVER & SEVERABILITY
The waiver of any breach of this Agreement shall not constitute an amendment thereto or Doality’s waiver of subsequent breaches. If any provision of this Agreement be found void and/or unenforceable, the remaining provisions shall not be affected and shall remain in full force and effect.
Doality and You are independent entities, and nothing in this Agreement, or via use of the Website or Software, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Doality and You.
The terms of this Agreement supersede any previous agreement and represent the entire agreement between Doality and you.
Separate Terms and Conditions
From time to time in connection with your use of and/or access to the Software, it may be necessary for you to consent to policies or terms and conditions in addition to this Agreement. You should read carefully any such additional terms and conditions before making any use of such Software. Any such terms will not vary or replace this Agreement regarding any use of this Software, unless otherwise expressly stated.
Dispute Resolution; Applicable Law and Forum
With respect to any and all disputes arising out of or in connection with this Agreement, You hereby agree to negotiate in good faith and undertake reasonable efforts to cooperate with Doality in order to achieve a mutually satisfactory resolution. Doality has no obligation to become involved in any dispute between a User and any other person.
The Software, this Agreement and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of California. You agree that all such disputes shall be brought exclusively in the Courts of Beverly Hills. You further agree that Doality is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the provisions of this Agreement.
All notices to Doality must be in electronic form. Doality may provide notices to You via (i) your e-mail address, or (ii) by posting the notice on the Website. You hereby consent that Doality may provide you with information and notices via the email address you designate when registering the Software. You may withdraw your consent for electronic notices. ______________________________________________________________________________
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND DOALITY AND SUPERSEDES ANY PROPOSALS OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
© 2013 Doality – Last revised: August 2013