Parties This Agreement is entered into by and between Digital Multi-Media Design (doing business as Pictomic), a limited liability company (LLC), organized under the laws of Virginia, United States (“Pictomic”), and the undersigned individual or entity ___________________________ (“Customer”), collectively referred to as the “Parties.” Definitions - Number of Concurrent Licenses: This is the number of Visere Captura licenses that can be used at the same time. This is the number of licenses the Customer has purchased from Pictomic. The total number of devices where Visere Captura is running simultaneously cannot exceed the number of concurrent licenses.
- Concurrent Users: A person that uses a device where Visere Captura is running is defined as a concurrent user. If the same or another person uses a second device where Visere Captura is running, and the first device continues to have Visere Captura running, there are now two concurrent licenses in use and there are two concurrent users.
- Number of Non-Concurrent Licenses: This is the number of additional licenses requested for installation on backup or alternative devices. Pictomic, at its own discretion, may approve or deny the request for additional non-concurrent licenses.
Request - Customer has purchased the following number of concurrent licenses: ___<number of purchased (concurrent) licenses>____.
- Customer requests the following number of additional non-concurrent licenses (enter number of additional licenses requested to be used on backup or alternate devices): ___<number of non-concurrent licenses>___
| Warning |
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| title | Non-Concurrent Numbers Not Greater that Concurrent Numbers |
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| Please do not request a number of refrain from requesting more non-concurrent licenses greater than your current number of concurrent licenses number unless you have already discussed this consulted with a Pictomic representative. Requests beyond exceeding this limit are likely to may be denied unless special exceptional circumstances applyare present. |
License Usage and Restrictions The Customer is granted a non-exclusive, non-transferable license to use Visere Captura under the following additional terms: - Upon Pictomic’s approval, the Customer may install Visere Captura on more devices than the number of purchased licenses, provided that the number of concurrent users does not exceed the number of licenses purchased from Pictomic (i.e. the “number of concurrent licenses”).
- The Customer acknowledges and agrees that they are solely responsible for ensuring compliance with this limitation. If at any time the number of concurrent users exceeds the “number of concurrent licenses” issued, the Customer shall promptly take corrective action to comply with this limitation. This would include purchasing additional Visere Captura licenses, to increase the “number of concurrent licenses” or not using “non-concurrent licenses,” such that the number of concurrent users is no more than the number of concurrent licenses.
- Any time the number of concurrent users exceeds the number of concurrent licenses shall be considered a breach of this Agreement.
Remedies for Breach In the event that the Customer is found to be in breach of this Agreement, by exceeding the allowed number of concurrent users, Pictomic may, at its sole discretion, disable all non-concurrent licenses until such time as the Customer demonstrates compliance with the agreed-upon license terms. This remedy shall be in addition to any other legal or equitable remedies available to Pictomic under this Agreement or applicable law. By signing below, the Customer acknowledges and agrees to the terms set forth in this Agreement. This addition provides a clear consequence for breach, giving your company the option to disable non-compliant licenses while preserving other legal options. Customer, please email the signed agreement to contact@pictomic.com. |