Copyright (EULA).
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Copyright (EULA).
by lucato » Sat Dec 17, 2011 9:26 am
I wonder how does the copyright work when using SPE to create images and to submit effects.
Creating images:
I mean, I see we have a lot of effects created by a lot of people and in the EULA doesn't say anything related to use/resell the images generated with the effects.
Can I use them with no worry and sell/resell my images even if it is a pure black/White bg and use one of the effects over it?
Lets suppose I get the effect Cracked Paint by Tatianat applyed over a white BG. Can I ressel it?
If I mixed 2 effects?
Submitting effects:
I don't see nay advanced option in v1.2 to create my own effects and submit them.
Thanks in advance.
Creating images:
I mean, I see we have a lot of effects created by a lot of people and in the EULA doesn't say anything related to use/resell the images generated with the effects.
Can I use them with no worry and sell/resell my images even if it is a pure black/White bg and use one of the effects over it?
Lets suppose I get the effect Cracked Paint by Tatianat applyed over a white BG. Can I ressel it?
If I mixed 2 effects?
Submitting effects:
I don't see nay advanced option in v1.2 to create my own effects and submit them.
Thanks in advance.
Re: Copyright (EULA).
by admin » Tue Dec 20, 2011 4:49 pm
Hi Lucato,
We are in the process of getting a new EULA from our Lawyers that will state that if you submit an effect that you explicitely allow others in the Smart Photo Editor community to use it for any purpose. This will happen in the next couple of weeks. The existing situation is that virtually all the effects in the system have been created by people who have given us permission, so you can use them without problem. But you are absolutely right, we do need to change our EULA.
Best Regards
Andrew Berend
CEO
Anthropics Technology Ltd
We are in the process of getting a new EULA from our Lawyers that will state that if you submit an effect that you explicitely allow others in the Smart Photo Editor community to use it for any purpose. This will happen in the next couple of weeks. The existing situation is that virtually all the effects in the system have been created by people who have given us permission, so you can use them without problem. But you are absolutely right, we do need to change our EULA.
Best Regards
Andrew Berend
CEO
Anthropics Technology Ltd
Re: Copyright (EULA).
by lucato » Wed May 21, 2014 9:49 am
Hi Andrew.
I just bought the Studio version and read the whole EULA. I'm concerned because in the EULA is not so clear that Anthropics warrants me that the Effect Creators have agreed to pass the copyright of any effects they submit and images used by those effects to Anthropics for free (royalty free basis is not the same as free) and mainly nothing that Anthropics allows the user (me) to use these effects to compose images or use the effect as it to resell as image and so on also for free (I can do whatever I want and sell as Royalty-Free or Royalty Managed and etc). It would enter as item 3. Licence Permitions in the EULA. IMHO it should have an specific item in the EULA more clear and with an easy understanding. Also this EULA should be in the HELP. So, something more clear stating that the used images into the effects, such borders and backgrounds and so on created by the authors are images really created by themselves and they own the copyright and not got from stock image sites or from the Internet to compose/create these effects. So, this way the user can use assured the effects with no problem to compose any image or resell images if the effect once they should be free to use the way the user wants to and do whatever the user wants to. Actually there is a mention in the item 3 about the contributor effects, but it isn't a clear and simple language for any user or creative person that participates creating effects. Plus it should states that Anthropics allows the user (me) to use any effect to compose images or use the effect as it to resell as image and so on also for free (I can do whatever I want and sell as RF or RM), and etc.
P.S.: The text with underline are misspelled in the original text (labelled / licence).
Well, just my 2c. ;0)
Have a nice day.
Here is the Actual EULA:
ANTHROPICS SOFTWARE END-USER LICENSE AGREEMENT
IMPORTANT: THIS AGREEMENT (or "EULA") IS A LEGAL AGREEMENT BETWEEN THE PERSON, COMPANY, OR ORGANIZATION THAT HAS LICENSED THIS SOFTWARE ("YOU" OR "CUSTOMER") AND ANTHROPICS. BY INSTALLING AND USING THE SOFTWARE, CUSTOMER ACCEPTS THE SOFTWARE AND AGREES TO THE TERMS OF THIS AGREEMENT. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. BY INSTALLING AND/OR USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR DO NOT HAVE AUTHORITY TO BIND CUSTOMER TO THESE TERMS, THEN DO NOT INSTALL AND/OR USE THE SOFTWARE AND RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND IN ACCORDANCE WITH ITS REFUND POLICIES.
1. License Grants
The licenses granted in this Section 1 are subject to the terms and conditions set forth in this EULA:
(a) You may install and use the Software on a single computer; OR install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a license for each separate computer on which the Software is installed and run.
(b) Your license rights under this EULA are non-exclusive.
(c) There are technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that Anthropics may use those measures and you agree to follow any requirements regarding such technological measures.
2. License Restrictions
(a) Other than as set forth in Section 1, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
(b) You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
(c) Unless otherwise provided herein, you may not rent, lease, or sublicense the Software.
(d) Unless otherwise provided herein, you may not modify the Software or create derivative works based upon the Software.
(e) You shall not use the Software to develop any product having the same primary function as the Software.
(f) In the event that you fail to comply with this EULA, Anthropics may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).
3. Ownership and Copyright
The foregoing license gives you limited license to use the Software. Anthropics and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software (as an independent work and as an underlying work serving as a basis for any application you may develop), and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by Anthropics and its suppliers.
Where you choose through our Smart Photo Editor software to contribute pictures (bitmaps) and effects to our system this is on the basis that these will be made available to other licensees of ours or users of the Software. You hereby license such use on an irrevocable royalty free basis. The picture or effect will be labelled with your name to credit you as author with full attribution and you agree that your name (personal data) may be stored for this purpose and so that other users may browse contributors' names such as yours and the pictures and/or effects you upload to rank these. Such images and effects shall be placed in our common library. You should not upload a picture or effect in which you do not own the intellectual property rights or otherwise are legally restricted from uploading and are unable to give the licence contained in this clause. If you do and this leads to a third party claim against us you will fully indemnify and hold us harmless against all loss and liability arising from such third party claims.
4. LIMITED WARRANTY AND DISCLAIMER
(a) Anthropics warrants that, for a period of ninety (90) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configuration, the Software will perform in substantial conformance with the documentation supplied with the Software; and (ii) the physical media on which the Software is furnished will be free from defects in materials and workmanship under normal use.
(b) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, ANTHROPICS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. ANTHROPICS DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. 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 COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. ANTHROPICS SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
(c) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
(d) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANTHROPICS, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
5. Exclusive Remedy
Your exclusive remedy under the preceding is to return the Software to the place you acquired it, with a copy of your receipt and a description of the problem. Provided that any non-compliance with the above warranty is reported in writing to Anthropics no more than ninety (90) days following delivery to you, Anthropics will use reasonable commercial efforts to supply you with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, or refund to you your purchase price for the Software, at its option. Anthropics shall have no responsibility if the Software has been altered in any way, if the media has been damaged by misuse, accident, abuse, modification or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware configuration. Any such misuse, accident, abuse, modification or misapplication of the Software will void the warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION.
6. LIMITATION OF LIABILITY
(a) NEITHER ANTHROPICS NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, 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 THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ANTHROPICS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) ANTHROPICS’ TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF £100 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
(c) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA.
7. Basis of Bargain
The Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability set forth above are fundamental elements of the basis of the agreement between Anthropics and you. Anthropics would not be able to provide the Software on an economic basis without such limitations. Such Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability inure to the benefit of Anthropics' licensors.
8. General
This Agreement will be governed by and construed in accordance with English Law.
This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of Anthropics to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
No Anthropics dealer, agent or employee is authorized to make any amendment to this EULA unless such amendment is in writing and signed by a duly authorized representative of Anthropics.
If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.
All questions concerning this EULA shall be directed to: Anthropics Technology Ltd., Suite A16, 56 Wood Lane, London W12 7SB, UK. Company registered in England, no. 3614662. VAT no. GB766332125.
Anthropics and other trademarks contained in the Software are trademarks or registered trademarks of Anthropics Technology Ltd. in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use Anthropics' or its licensors' names or any of their respective trademarks.
I just bought the Studio version and read the whole EULA. I'm concerned because in the EULA is not so clear that Anthropics warrants me that the Effect Creators have agreed to pass the copyright of any effects they submit and images used by those effects to Anthropics for free (royalty free basis is not the same as free) and mainly nothing that Anthropics allows the user (me) to use these effects to compose images or use the effect as it to resell as image and so on also for free (I can do whatever I want and sell as Royalty-Free or Royalty Managed and etc). It would enter as item 3. Licence Permitions in the EULA. IMHO it should have an specific item in the EULA more clear and with an easy understanding. Also this EULA should be in the HELP. So, something more clear stating that the used images into the effects, such borders and backgrounds and so on created by the authors are images really created by themselves and they own the copyright and not got from stock image sites or from the Internet to compose/create these effects. So, this way the user can use assured the effects with no problem to compose any image or resell images if the effect once they should be free to use the way the user wants to and do whatever the user wants to. Actually there is a mention in the item 3 about the contributor effects, but it isn't a clear and simple language for any user or creative person that participates creating effects. Plus it should states that Anthropics allows the user (me) to use any effect to compose images or use the effect as it to resell as image and so on also for free (I can do whatever I want and sell as RF or RM), and etc.
P.S.: The text with underline are misspelled in the original text (labelled / licence).
Well, just my 2c. ;0)
Have a nice day.
Here is the Actual EULA:
ANTHROPICS SOFTWARE END-USER LICENSE AGREEMENT
IMPORTANT: THIS AGREEMENT (or "EULA") IS A LEGAL AGREEMENT BETWEEN THE PERSON, COMPANY, OR ORGANIZATION THAT HAS LICENSED THIS SOFTWARE ("YOU" OR "CUSTOMER") AND ANTHROPICS. BY INSTALLING AND USING THE SOFTWARE, CUSTOMER ACCEPTS THE SOFTWARE AND AGREES TO THE TERMS OF THIS AGREEMENT. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. BY INSTALLING AND/OR USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR DO NOT HAVE AUTHORITY TO BIND CUSTOMER TO THESE TERMS, THEN DO NOT INSTALL AND/OR USE THE SOFTWARE AND RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND IN ACCORDANCE WITH ITS REFUND POLICIES.
1. License Grants
The licenses granted in this Section 1 are subject to the terms and conditions set forth in this EULA:
(a) You may install and use the Software on a single computer; OR install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a license for each separate computer on which the Software is installed and run.
(b) Your license rights under this EULA are non-exclusive.
(c) There are technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that Anthropics may use those measures and you agree to follow any requirements regarding such technological measures.
2. License Restrictions
(a) Other than as set forth in Section 1, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
(b) You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
(c) Unless otherwise provided herein, you may not rent, lease, or sublicense the Software.
(d) Unless otherwise provided herein, you may not modify the Software or create derivative works based upon the Software.
(e) You shall not use the Software to develop any product having the same primary function as the Software.
(f) In the event that you fail to comply with this EULA, Anthropics may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).
3. Ownership and Copyright
The foregoing license gives you limited license to use the Software. Anthropics and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software (as an independent work and as an underlying work serving as a basis for any application you may develop), and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by Anthropics and its suppliers.
Where you choose through our Smart Photo Editor software to contribute pictures (bitmaps) and effects to our system this is on the basis that these will be made available to other licensees of ours or users of the Software. You hereby license such use on an irrevocable royalty free basis. The picture or effect will be labelled with your name to credit you as author with full attribution and you agree that your name (personal data) may be stored for this purpose and so that other users may browse contributors' names such as yours and the pictures and/or effects you upload to rank these. Such images and effects shall be placed in our common library. You should not upload a picture or effect in which you do not own the intellectual property rights or otherwise are legally restricted from uploading and are unable to give the licence contained in this clause. If you do and this leads to a third party claim against us you will fully indemnify and hold us harmless against all loss and liability arising from such third party claims.
4. LIMITED WARRANTY AND DISCLAIMER
(a) Anthropics warrants that, for a period of ninety (90) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configuration, the Software will perform in substantial conformance with the documentation supplied with the Software; and (ii) the physical media on which the Software is furnished will be free from defects in materials and workmanship under normal use.
(b) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, ANTHROPICS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. ANTHROPICS DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. 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 COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. ANTHROPICS SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
(c) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
(d) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANTHROPICS, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
5. Exclusive Remedy
Your exclusive remedy under the preceding is to return the Software to the place you acquired it, with a copy of your receipt and a description of the problem. Provided that any non-compliance with the above warranty is reported in writing to Anthropics no more than ninety (90) days following delivery to you, Anthropics will use reasonable commercial efforts to supply you with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, or refund to you your purchase price for the Software, at its option. Anthropics shall have no responsibility if the Software has been altered in any way, if the media has been damaged by misuse, accident, abuse, modification or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware configuration. Any such misuse, accident, abuse, modification or misapplication of the Software will void the warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION.
6. LIMITATION OF LIABILITY
(a) NEITHER ANTHROPICS NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, 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 THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ANTHROPICS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) ANTHROPICS’ TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF £100 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
(c) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA.
7. Basis of Bargain
The Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability set forth above are fundamental elements of the basis of the agreement between Anthropics and you. Anthropics would not be able to provide the Software on an economic basis without such limitations. Such Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability inure to the benefit of Anthropics' licensors.
8. General
This Agreement will be governed by and construed in accordance with English Law.
This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of Anthropics to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
No Anthropics dealer, agent or employee is authorized to make any amendment to this EULA unless such amendment is in writing and signed by a duly authorized representative of Anthropics.
If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.
All questions concerning this EULA shall be directed to: Anthropics Technology Ltd., Suite A16, 56 Wood Lane, London W12 7SB, UK. Company registered in England, no. 3614662. VAT no. GB766332125.
Anthropics and other trademarks contained in the Software are trademarks or registered trademarks of Anthropics Technology Ltd. in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use Anthropics' or its licensors' names or any of their respective trademarks.
Portfolio at Shutterstock and iStockphoto - My sites: http://www.ArquivosCriativos.com.br | http://www.iLucato.com.br | http://www.EsferaDoBem.com.br
Re: Copyright (EULA).
by risey » Mon Jun 02, 2014 10:00 am
This makes no sense, i asked the same question to support the other day, here is my response, so unless you create the effect yourself, commercially all effects are useless...
RESPONSE:
Any effects that you create using our software can be used for commercial purposes, if you have used an effect created by another software user then you will need to credit them.
Warm regards,
Emma
Anthropics Technology
--Support Mailer
RESPONSE:
Any effects that you create using our software can be used for commercial purposes, if you have used an effect created by another software user then you will need to credit them.
Warm regards,
Emma
Anthropics Technology
--Support Mailer
Re: Copyright (EULA).
by EmmaM » Mon Jun 02, 2014 12:41 pm
Hi Risey,
I've double checked with my manger and it is not necessary to credit the creator of an effect. When an effect is saved you are asked if you want to save the effect for private use or if you'd like to share it with the community. If you choose the second option then you are giving up rights to that effect, this means that anyone can use it without having to credit you as the creator.
I'm sorry if my previous response has caused some confusion. Do let us know if you have any further questions.
Warm regards,
Emma
Anthropics Technology
I've double checked with my manger and it is not necessary to credit the creator of an effect. When an effect is saved you are asked if you want to save the effect for private use or if you'd like to share it with the community. If you choose the second option then you are giving up rights to that effect, this means that anyone can use it without having to credit you as the creator.
I'm sorry if my previous response has caused some confusion. Do let us know if you have any further questions.
Warm regards,
Emma
Anthropics Technology
Re: Copyright (EULA).
by lucato » Mon Jun 02, 2014 1:02 pm
IMHO who creates effects should never be allowed to use images from other sites, even that in that site informs that uses are for free for commercial/personal uses. There is a bunch of sites that distributes images with this status and the images are copyrighted. I and a bunch of other photofraphers have their images stolen from websites, stock sites and these images are put online for free distribution. So, IMHO the images and any stuff used in the effect creation should be all copyroghted from its creator and the creator gives up when uploading the effect to the community.
Well, just my opinion on the subject.
Well, just my opinion on the subject.
Portfolio at Shutterstock and iStockphoto - My sites: http://www.ArquivosCriativos.com.br | http://www.iLucato.com.br | http://www.EsferaDoBem.com.br
Re: Copyright (EULA).
by risey » Mon Jun 02, 2014 1:43 pm
Thank you for clearing it up and giving the same answer as i just received on Facebook so i know we are all on the same page now lol
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