This End User License Agreement (EULA) is a legal agreement between you and Occurrent Arts LLC, the owner of Artshiftr.com and [Artshiftr Products]. By downloading, installing, or using [Artshiftr Products], you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not download, install, or use [Artshiftr Products].
LICENSE GRANT.
Occurrent Arts LLC grants you a non-exclusive, non-transferable, worldwide license to use [Artshiftr Products] for commercial, non-commercial, and educational purposes, subject to the applicable Tiered Licensing Fees described in this EULA.
TIERED LICENSING FEES.
Licensing fees for [Artshiftr Products] are determined based on the annual revenue of the business (“Licensee”):
If Licensee’s annual revenue is less than or equal to $250,000, Licensee shall pay the Small Business License fee as listed on the Artshiftr website.
If Licensee’s annual revenue is greater than $250,000, Licensee must contact support@artshiftr.com for custom pricing.
Licensee must accurately represent its annual revenue when purchasing a license. Occurrent Arts LLC reserves the right to request documentation to verify the Licensee’s annual revenue. Failure to provide accurate information or to pay the appropriate licensing fee may result in the termination of the license granted under this EULA.
RESTRICTIONS.
You may not sell, distribute, sublicense, rent, or otherwise transfer [Artshiftr Products]. You may not reverse engineer, decompile, or disassemble [Artshiftr Products].
TERMINATION.
Occurrent Arts LLC may terminate this EULA at any time if you breach any of its terms and conditions. Upon termination, you must destroy all copies of [Artshiftr Products].
LIMITATION OF LIABILITY.
To the maximum extent permitted by applicable law, in no event will Occurrent Arts LLC be liable for any damages arising out of the use or inability to use [Artshiftr Products], even if Occurrent Arts LLC has been advised of the
possibility of such damages.
GOVERNING LAW.
This EULA will be governed by the laws of the State of New York and the federal laws of the United States of America.
ENTIRE AGREEMENT.
This EULA constitutes the entire agreement between you and Occurrent Arts LLC and supersedes all prior understandings or agreements, whether written or oral, relating to [Artshiftr Products].
By downloading, installing, or using [Artshiftr Products], you acknowledge that you have read this EULA, understand it, and agree to be bound by its terms and conditions.