Altoura Platform License Agreement

These license terms are an agreement between you and Studio 216 Inc ('Company'). They apply to the Altoura Platform owned by the Company. By clicking "I ACCEPT THE AGREEMENT", downloading, installing, logging into, accessing or otherwise using any part of the Company's product, application, services, or related materials (collectively, the "Product"), You (End User, User, You) are agreeing to be bound by the terms of this agreement.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK "I DO NOT ACCEPT THE AGREEMENT" AND DO NOT DOWNLOAD, INSTALL, ACCESS, COPY, OR OTHERWISE USE THE ALTOURA PLATFORM.

  1. In case the Platform is being used with Free Trial License, you are agreeable to internally use, test, evaluate and conduct trials of the Product ("Purpose") subject to the terms of this Agreement during the trial period which shall be for a period of 30 (thirty) days commencing from the date of installation.
  2. The trial period for the trial edition lasts for 30 days after you install the trial edition, plus any permitted extension period. After the expiration of the trial period, the trial edition will stop running. You may not be able to access data used with the trial edition after it stops running. You may convert your trial rights at any time to the full-use rights described below by acquiring a valid full-use license.
  3. The Company hereby grants You a temporary, non-exclusive, non-transferable, non-sublicensable, revocable, limited term license solely for the Purpose.
  4. The Product makes use of Azure Open AI services and passes certain data to it. This is only in case You have signed up to use Altoura AI or Prodigy feature within Altoura Platform. Note that no Personally Identifiable Information ('PII') or Payment Card Industry ('PCI') or User specific information is passed onto to any third party as part of the process. Further, the Company does not warrant, endorse, guarantee or assume any responsibility for accuracy or reliability of any information by using Azure Open AI services.
  5. You shall not, either by yourself or thorough another person/entity, permit any third party to: (i) copy, reverse engineer, reverse assemble, decompile, disassemble or otherwise attempt to discover the source code of all or any portion of the Product; (ii) reproduce, modify, translate or create derivative works of all or any portion of the Product; (iii) remove or destroy any proprietary notices contained on the Product or any copies thereof; or (iv) use, sell, rent, lease, sub-license, distribute, assign or otherwise transfer the Product to, or use the Product for the benefit of, any third party.
  6. Further you are not permitted to (i) use the Product in conjunction with any other software, data or equipment in such a manner as would cause the resulting product to infringe upon any Intellectual Property Rights of the Company or third parties; or (ii) to make the Product available to remote users.
  7. The Product, all documents, information and other materials disclosed by the Company to You in connection with the Purpose and marked "confidential" or confirmed in writing, as confidential information shall be treated as confidential and proprietary to the Company. You are permitted to use all or any of the confidential information disclosed or provided by the Company hereto, in models/devices/environment as authorized or prescribed by the Company or otherwise only for the Purpose and as authorized under this Agreement.
  8. This Agreement does not entitle you to receive any enhancements, improvements or modifications to the Product and neither will the Company provide you with any kind of technical support and/or maintenance during the trial license period.
  9. You acknowledge that the Product is provided for evaluation/trial purposes only and that the Product contains known or unknown errors. In this regard, You expressly acknowledge the Company shall not in any way be responsible for any result arising from the use of the Product. The Company disclaims all obligations and liabilities in this regard.
  10. The Company is allowed, at any time and at its sole discretion, to discontinue or to recall any release of the Product or to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Product.
  11. Unless terminated earlier this Agreement shall terminate automatically at the expiry of the trial period.
  12. Either Party may, at its’ sole discretion, terminate this Trial Agreement with immediate effect by giving written notice to the other Party.
  13. You acknowledge and agree that all intellectual property rights, including but not limited to, any patents, patent rights, design rights, copyrights, database rights, trade secrets, know-how, trademarks, trade names, service marks and other intellectual property embodied therein and all applications and rights to apply for registration or protection rights pertaining thereto, in existence at the date hereof or created in the future ("Intellectual Property Rights"), in and to the Product are owned solely and absolutely by the Company and shall, notwithstanding the terms of this Agreement, remain vested in the Company. Unless otherwise expressly provided in this Agreement, User shall not acquire any proprietary right, title or interest in or to any Intellectual Property Rights in the Product. All rights not expressly granted by the Company herein are reserved.
  14. You further acknowledge and agrees that, as between the parties, the Company owns all right, title, and interest in and to the Product and You will not earn, acquire, assert or claim, either now or later, any intellectual property rights that may arise on account of this Agreement or Your performance under this Agreement.
  15. The obligations which by their very nature survive the termination, shall survive the termination of this Agreement.
  16. THE PRODUCT IS PROVIDED "AS-IS" AND THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR NONINFRINGEMENT WITH RESPECT TO THE PRODUCT.
  17. By using this Product, you agree to assume all risks associated with its use, including but not limited to data loss, system failure, or any other issues that may arise.
  18. IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM ANY PROVISION OF THIS AGREEMENT.
  19. You acknowledge that, in the event of any breach or threatened breach of this Agreement, the Company will not have an adequate remedy in money or damages. The Company, therefore, shall be entitled in such an event to obtain an injunction against such breach from any court of competent jurisdiction. The Company’s right to obtain such relief shall not limit its right to obtain other remedies.
  20. You shall not assign this Agreement without the prior written consent of the Company.
  21. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements and understandings relating thereto. The invalidity or unenforceability of any part of this Agreement for any reason whatsoever shall not affect the validity or enforceability of the remainder. This Agreement shall be governed by the laws of Washington, USA.

USER HAS READ, UNDERSTOOD, AND ACKNOWLEDGES THE FOREGOING AGREEMENT AND AGREES TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. USER HAS FULL AUTHORITY TO EXECUTE THIS AGREEMENT.