End-User License Agreement for FineShare Software

Last Updated: June 6, 2022

This FineShare Software End-User License Agreement (referred to as the “EULA“; or “Agreement“) is a legally binding agreement between the end user (hereinafter referred to as You or Licensee), and the FineShare Co., Ltd. (collectively as FineShare, or Licensor), the company, and the developer of the program and software (hereinafter referred to as Software or FineShare Software).

Please read this agreement carefully before downloading or installing FineShare Software. This Agreement is a legally binding contract that includes terms that limit your legal rights and Licensors' liability to you, and shall govern all access to and use of this Software. You hereby agree, without limitation or alteration, to all the terms and conditions contained herein.

By installing, copying, or otherwise using the Software, you agree to be bound by the terms and conditions outlined in this EULA. If you disagree with the terms and conditions outlined in this EULA, you may not download, install, or use Software. If you have any questions concerning this EULA, please contact FineShare.

Privacy

Please read our Privacy Policy.

Grant of License

Subject to the terms of this Agreement, FineShare hereby grants to the Licensee, a royalty-free, revocable, limited, non-exclusive license during the term of this EULA to possess and to use a copy of the Software. The Software is being distributed by FineShare. Licensee is not allowed to make a charge for distributing this Software, either for profit or merely to recover media and distribution costs.

License Type

Free (Trial) License

You may be granted the use of an evaluation copy of the Software free of charge for a finite period of time (“Free License”, “Free Version” or “Free Trial”). Certain features and/or functionality in the Software may be locked or unavailable in the Free Version. In addition, a watermark may be added upon videos processed when using the Free Version of the Software.

Subscription / Perpetual License

In order to use all features and functionality of the Software, you may purchase a subscription license or perpetual license.

  • A subscription license gives the Licensee a right to use all pro features of Software (the current or at any time the latest version) one month or one year from the date of purchase.
  • A perpetual (one-time) license gives the Licensee a right to use the pro features of Software perpetually.

License Type Change

FineShare may change from a free feature to a paid feature at any time and vice versa and may change its pricing plan at any time in any way.

You are expected to use the Software on your system and to thoroughly evaluate its usefulness and functionality before purchase. This “Try Before You Buy” method is the ultimate assurance that the Software will perform to your satisfaction.

Intellectual Property

You hereby unconditionally agree that all right, title and interest in the copyrights and other intellectual property rights in the Software reside with the Licensors. The trademarks, logos, designs, and service marks appearing on the Software are registered and unregistered marks of Licensor. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

Accordingly, FineShare Software is protected by all applicable copyright laws and international treaties, and the Licensee is expected to use FineShare Software concerning all intellectual property contained therein, except as otherwise provided for in this EULA.

Third-Party Content and Plug-Ins

FineShare Software may use certain plug-ins or applications developed by third parties or some materials provided for free by other individuals or platforms. For example, our VibeCam software added some nice pictures as virtual backgrounds from pexels.com. This content and software allow FineShare Software to use them to do certain functions. All rights held by this third party content and applications are reserved by the owner and the owner of the third-party content or applications may enforce their rights against you directly in their own name.

Licensee Rights

Licensee may install and use the Software on a shared computer or concurrently on different computers, and make multiple back-up copies of the Software, solely for Licensee’s use within Licensee’s business or personal use.

Licensee Limitation

The License may not:

  • Use the Software for any illegal or unlawful purpose;
  • Use the Software for any purpose other than personal and non-commercial purposes;
  • Duplicate or redistribute copies of the Software, without the Licensors express written permission;
  • Gather factual content or any other portion of the Software by any automated means, including but not limited to database scraping or screen scraping; or
  • Reverse engineer, decompile, or disassemble Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.

User Account

To use FineShare Software, you may be required to create a user account. This account stores data about the products you’ve purchased, the subscription information, software activation licenses, and other information about the products.

In registering your account, you are responsible for the completeness and accuracy of the information provided therein. You are also fully responsible for all activities that occur under your account and any other actions taken in connection with your account, regardless of whether the account was used with your knowledge.

Your account is non-transferable and may not be sold, combined, and/or otherwise shared with any other person. We may terminate your account immediately if you violate the term.

You have the right to delete your account, but after account removal, you will lose access to the software that requires an account.

Price and Payment (Sales Policy)

FineShare may provide several kinds of subscription plans which you can choose to purchase. You can refer to our sales policy before making a purchase.

Sales Policy

You may be required to purchase to access and use some of our services and/or some features provided by our Software. You agree to provide current, complete, and accurate payment information for all purchases generated by you.

Once your payment information changes, you agree to immediately update the information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you when you need us.

We charge you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

Subscription

When you purchase a Software subscription license (plan), you acknowledge that the subscription has recurring payment features and you agree that the recurring payments to be made to Software, and those payments shall be made by the method you've chosen at the recurring intervals (e.g., each month, quarter, or year) chosen by you until the subscription is terminated by you or by FineShare in accordance with EULA.

Cancellation

You can cancel your subscription at any time by manually canceling your automatic payment renewal, deleting your account, or contacting us using the email we provided below. Your subscription cancellation will take effect at the end of the current paid term.

If you are unsatisfied with our service, please contact us at [email protected]

Refunds

If you’re not satisfied with Software that you’ve purchased directly from FineShare, you can contact our Support Team to get a refund within 30 days following the purchase. For details, please read the refund policy of FineShare.

Termination

In the event of termination, all licenses provided under this EULA shall terminate immediately, and you agree to discontinue access and use FineShare Software.

Accordingly, this EULA may be:

  • Automatically terminated if the Licensee fails to comply with any of the terms and conditions under this EULA;
  • Terminated by FineShare; or
  • Terminated by the Licensee.

Either FineShare or the Licensee may terminate this EULA immediately upon written notice to the other party, including but not limited to electronic mail.

Disclaimer about Warranty

FineShare, and the author of this Software, expressly disclaim any warranty for FineShare Software. The Software and all applicable documentation is provided as-is, without warranty of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Accordingly, the Licensee accepts any risk arising out of the use or performance of the Software.

The Software may contain “Open Source” materials. FineShare makes No Warranties with respect to open source materials contained in this Software.

Liability

The Licensee agrees that the FineShare shall not be liable to Licensee, or any other related person or entity claiming any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise. Even if FineShare has been advised of the possibility of such damages. These limitations shall necessarily apply regardless of the primary purpose of any limited remedy. Under no circumstances shall FineShare aggregate liability to the Licensee, or any other person or entity claiming through the Licensee, exceed the actual monetary amount paid by the Licensee to FineShare for the Software.

Non-Transferability

The Licensee has the option to permanently transfer all rights under this Agreement, provided the recipient agrees to the terms of this EULA. Accordingly, this EULA is not assignable or transferable by the Licensee without the prior written consent of FineShare and any attempt to do so shall be void.

Notice

Any notice, report, approval, or consent required under this EULA shall be in writing and deemed to have been duly given if delivered by recorded delivery to the respective addresses of the parties.

Integration

Both parties hereby agree that this EULA is the entire and exclusive statement and legal acknowledgment of the mutual understanding of the parties and supersedes and cancels any previous written and oral agreement and/or communication relating to the subject matter of this EULA.

Severability

No delay or failure to exercise, on the part of either party, any privilege, power or rights under this EULA shall operate as a waiver of any of the terms and provisions of this EULA. Accordingly, no single or partial exercise of any right under this Agreement shall preclude further exercise of any other right under this EULA. Suppose any of the outlined provisions of this EULA is deemed to be unenforceable or invalid in whole or in part by a court of competent jurisdiction. In that case, such provision shall be limited to the minimum extent necessary for this EULA to remain in full force and effect and enforceable. The remaining provisions of this Agreement shall not be rendered unenforceable or invalid. They shall continue to be enforceable and valid in isolation of the unenforceable and invalid provisions of this EULA.

Indemnification

You hereby agree to indemnify and hold FineShare harmless from and against all liabilities, damages, losses, or expenses, including but not limited to a reasonable attorney or other professional fees in any claim, demand, action or proceeding initiated by any third-party against FineShare, arising from any of your acts, including without limitation, violating this EULA or any other agreement or any applicable law.

Entire Agreement

This Agreement rightly constitutes the entire understanding between FineShare and the Licensee and all parties involved. It supersedes all prior agreements of the parties, whether written or oral, express or implied, statement, condition, or a representation or warranty.

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