IMPORTANT, READ CAREFULLY:
THE GETPIXIT PIXTEL SOFTWARE PRODUCT, TOGETHER WITH ITS DOCUMENTATION, TO WHICH THIS EULA (DEFINED BELOW) IS APPLIED, AND/OR IN WHICH THIS EULA IS EMBEDDED, IS PROTECTED BY COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS AND INTERNATIONAL TREATIES. UNAUTHORIZED REPRODUCTION, DISPLAY, MODIFICATION, DISTRIBUTION AND USE OF THIS SOFTWARE OR THE DOCUMENTATION, OR ANY PORTION OF THEM, MAY CONSTITUTE AN INFRINGEMENT OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS AND RESULT IN CIVIL AND CRIMINAL LIABILITY.
...
“Software” means Vantif LLC’s GetPixit PIXTEL software product(s) in object code form as specified in the Order Form, including any Sub-releases and Main Releases that may be issued to You as part of possible subscription services.
...
4.11 You shall not, and You shall ensure that Your Authorized Affiliates and Professional Consultants do not:
a) copy the whole or any part of the Software, save to the extent permitted by Clause 4.9;
b) modify, enhance or merge the whole or any part of the Software with any other software or documentation;
c) assign, transfer (except to Authorized Affiliates or Professional Consultants where permitted by applicable License Parameters), distribute, sell, lease, rent, sub-license, charge or otherwise deal in or encumber the Software, nor make the Software available to any third party, nor use the Software to provide software-as-a-service, service bureau or similar services to any third party;
d) adapt, translate, reverse engineer, decompile or disassemble the whole or any part of the Software, or to access the source code of the Software;
e) enable use of the Software by duplication through virtualization or comparable technology in a manner that would exceed the number of licenses purchased by You;
f) use the Software to develop other software;
g) use, whether alone or in combination with any other mark, nor register or attempt to register, whether directly or indirectly, any trademarks, trade names, logotypes or other symbols of Vantif LLC or GetPixitPIXTEL, or any confusingly similar marks, names or symbols, nor any Internet domain names containing any such trademarks, trade names or symbols. Any Internet domain names containing the above that have been registered or reserved by You or any Authorized Affiliate of You prior to entering into the Order Form shall be transferred to Vantif LLC upon request, and You agree to do any acts as may be necessary to effect such transfer;
h) remove any of the intellectual property markings in the Software or its outputs, nor try to remove or bypass any of the intellectual property protection mechanisms in the Software or its outputs.
...
13.6 Vantif LLC’s privacy policy is published at https://www.getpixitPIXTEL.com/privacy-policy and incorporated herein by this reference. You expressly agree and consent to such processing of personal data by Vantif LLC.
...
13.13 Use of Logo/Name. Customer grants Vantif LLC the right to use customer name and logo in GetPixit PIXTEL marketing information, but only to the extent that Vantif LLC can list Customer as a customer. In addition, Customer agrees to approve a mutual press release regarding the GetPixit PIXTEL and Customer relationship within 90 days of when this agreement goes into effect.
...
14.2 Definitions
In addition to the definitions in Clause 1 of the EULA, the following definitions are applied:
‘Annual Fee’ means the fee to be paid by You in consideration of the right to make product modifications, add Content and Localization files and supply and for the Vantif LLC Partner Services provided;
‘Essential Licensee Patents’ shall mean patent claims that, in the absence of a license, are necessarily and unavoidably infringed (on technical, but not on commercial grounds) by use of the Interface by Vantif LLC or a member of Vantif LLC’s Partner Program;
‘Interface’ or ‘Open API’ means the technology that enables the Applications to interact with the GetPixit PIXTEL software.
‘Vantif LLC Partner Services’ means the services to be provided by Vantif LLC in accordance with these Partner Terms and subject to payment by You of the Annual Fee;
‘Site’ means either the Internet site made available by You for the purpose of downloading GetPixit PIXTEL Content or the GetPixit PIXTEL online service;
‘Third Party Licensee’ shall mean any third parties licensed to use the Interface for development, use and distribution of Content or localizations pursuant to a Partner Program agreement with Vantif LLC.
...
14.5 Intellectual Property Rights
Ownership of any intellectual property rights to the Applications as well as any associated documentation created by or on behalf of You shall remain vested in You or such third party as You may represent. You hereby grant Vantif LLC a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable and transferable license to use, reproduce, create derivative works of, distribute, modify, publicly perform and publicly display any Applications made available on the Site or the GetPixit PIXTEL online service, for the purpose of making available, displaying, distributing and promoting the GetPixit PIXTEL online service, and for the purpose of further development of the GetPixit PIXTEL online service and other GetPixit PIXTEL software products and related services.
All intellectual property rights to the Software, the Documentation and all parts thereof shall remain vested in Vantif LLC and its third party licensors, and no such rights shall pass to You.
...
END OF TERMS “VANTIF LLC-EULA-GETPIXITPIXTEL- 2018”, updated 1st of September 2018.
...