1. Introduction

By using the Products, you agree to have entered into a binding agreement with the Supplier and accept that your use of any Products is subject to this EULA, effective as of your use.

If you as the End User do not agree to the terms of the EULA, any use of the Products by the End User is prohibited, and the End User is not permitted to install or use the Products.

2. Definitions

Account: The Customer is provided with an Account. An Account is necessary to access the Products. The Account will be accessible through a set of credentials, consisting of a username and password combination for authorization.

Customer: The company that pays the License Fee for the Products on behalf of the End User.

End User: The physical person using the Products on behalf of the Customer.

EULA: This End User License Agreement between the Supplier and the End user.

SaaS: Software-as-a-Service fuses software products and accompanying services to enable new offerings where the buyer (the Customer) or the End User may no longer own a physical thing. With SaaS the Products are delivered to the Customer and the End User as a service or virtualized experience. Instead of a one-time-transaction the Customer subscribes to the Products and pays the Supplier a recurring fee.

Products: The software or other solutions that the Supplier has developed that the Customer has paid the License Fee for providing the Customer’s End Users a right to use as described in the EULA. The Products may be described on the Suppliers web sites www.pixotope.com.

Supplier: Pixotope Technologies AS with business registration no. 812 664 522, and registered office address Sommerrogata 13-15, 0255 Oslo, Norway.

3. Your rights and obligations to the Products as the End User

Once the Customer has paid the License Fee for the Products, you as the End User will receive a non-exclusive, non-transferable, royalty-free and time-limited license (right of use) to the Product(s) in object code within the scope of this EULA.

The End User has the right to take back-up copies of the Products to the extent necessary for the use of the Products.

The End User is responsible and liable for all use of the Product, including the data the End User enters into the Product, how the End User uses data generated from the Products and any other results that the End User’s use of the Products generates.

The End User shall comply with any and all restrictions regarding use of the Product, which may be stipulated in manuals and similar documentation related to a Product, this EULA or other restrictions which the End User should reasonably expect from the Supplier, such as ensuring that the Products are not exposed to computer viruses or similar.

The End User shall not make changes in the underlying software or database of the Products.

The End User shall have no right of title or ownership to the Product, and no right to sub-license or to distribute, license (whether or not through multiple tiers) or otherwise transfer the Products to any third party or incorporate the Products in any software, product or technology. The End User cannot assign rights or obligations without the Supplier’s written consent.

The End User may not reverse engineer, decompile, modify or disassemble the Products or otherwise reduce the Products to human-perceivable form in whole or in part, except and only to the extent that such activity is expressly permitted by this EULA or by applicable laws.

The End User hereby confirms that the End User will not engage in any sort of hacking, tampering, modifying or altering of the software. This applies regardless of the intention. Any breach of this obligation will result in termination in accordance with this EULA.

Additional Restrictions

The End User shall not, and shall not attempt to, nor permit or encourage others to:

a. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas or algorithms of any portion of the Products or any Epic technology contained therein, except to the extent such activities are expressly permitted by applicable law;

b. Use the Products or any Epic technology contained therein as a training input or prompt-based input into any Generative AI Program. For purposes of this Agreement, "Generative AI Program" means artificial intelligence, machine learning, deep learning, neural networks, or similar technologies designed to automate the generation of or aid in the creation of new content, including but not limited to audio, visual, or text-based content;

c. Modify, translate, adapt, arrange, or create derivative works based on any Epic technology contained in the Products for any purpose;

d. Redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to any Epic technology contained in the Products;

e. Remove, modify, or obscure any copyright, trademark, patent, or other proprietary notices or legends relating to Epic's technology;

f. Use the Products in any manner that could damage, disable, overburden, or impair Epic's services or networks, or interfere with any other party's use and enjoyment of them;

Export Control Compliance

The End User acknowledges that the Products, including Epic technology contained therein, may be subject to export control laws and regulations. The End User agrees to comply with all applicable export laws and regulations that may apply to the Products, including:

a. Not using, exporting, re-exporting, or transferring the Products in violation of any export control, economic sanctions, or import laws or regulations;

b. Not using or accessing the Products in any jurisdiction or country subject to comprehensive economic sanctions;

c. Not providing access to the Products to any individual, entity, or organization prohibited from receiving U.S. exports, including but not limited to any person on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons List or Entity List. 

4. Your rights and obligations to the Account as the End User

The Customer is responsible for their own Account. The Customer’s username and password are for the use of End Users appointed by the Customer. The End User is responsible for maintaining the confidentiality of the provided username and password and the End User is fully and solely responsible for all activities that occur through the use of the Customer’s Account, whether authorized by the Customer or not. 

It is the End User’s responsibility to take adequate precautions to ensure the integrity and confidentiality of username and password. The End User shall immediately notify the Customer and Supplier if the End User becomes aware of any unauthorized use of the Customer’s Account. Customarily, the End User’s email address will be used as the End User’s username. It is therefore vital that the End User’s password is treated as strictly confidential, as possessing the combination of these two will allow unauthorized persons to access the Customer’s Account.

5. Personal Data

Since the Products are deployed in the Customer’s own infrastructure, the content from the End User generated while using the Products will not be accessible for the Supplier or the Supplier’s cloud systems.

The exception to this is when the Customer uses the Supplier’s cloud infrastructure to store or transfer data files, or the video being processed is transported through and / or processed in the Supplier’s cloud infrastructure.

The End User should not include personal data such as a person’s name, e-mail address, postal address, phone number or any other data (sensitive or not) related to an identifiable person in any user-generated content. The Supplier is not responsible for any content generated by users. The End User acknowledges that the End User’s user-generated content could potentially be viewed, reproduced, published, shared and/or modified by third parties, including law enforcement agencies. The End User acknowledges that End User’s data may be published and shared with other end users of the Products.

If the End User enters any personal data to the Products and/or any of the Supplier’s other databases or systems, whether as user-generated content or as data related to an End User’s account, the End User is responsible for ensuring a legal basis for the required processing of that personal data.

The Supplier will only need to process personal data such as name, phone number and e-mail address of the Customer’s contact persons, username and password for the End Users and billing information as well as company name regarding such persons.

The Supplier has the right to use anonymous data (big data) to offer the Customer or its End User better Products and other services such as good prognosis, optimization of Products and related services and analysis regarding the relevant subject matter, and to sell such enriched depersonalized data to third parties. 

6. Intellectual Property Rights (IPR)

Products: The Supplier with its licensors, retain all copyright and all other intellectual property rights and other related rights to the Products, including the technology and databases behind the Products as well as the Products’ associated software. This also applies to any corrections, bug fixes, enhancements, updates, improvements, feedback on or modifications thereto and the End User hereby irrevocably transfers, conveys and assigns to the Supplier all of its rights, titles and interests therein.

Customer data (data generated by use of the Products): The Customer retains the property rights that are rightfully theirs to the data that the Customer or the End User enters into the Products. The Customer is responsible for keeping backups of all data the Customer itself or the End User enters into the Products. The Customer and the End User are also responsible for the way their respective use such data.

Third-Party Technology Rights

The End User acknowledges that the Products incorporate proprietary technology licensed from Epic Games, Inc. ("Epic"). All rights, title, and interest in the Unreal Engine technology, including all associated intellectual property rights, remain with Epic and its licensors. The End User obtains no ownership interest in the Unreal Engine technology through the use of the Products. No rights to the Unreal Engine technology are granted to the End User except as expressly set forth in this Agreement.

The End User shall retain all proprietary notices, attributions, and similar markings related to the Unreal Engine technology within the Products. The End User shall not remove, modify, or obscure any copyright, trademark, patent, or other intellectual property notices that appear on or in the Products or the Unreal Engine technology. 
 

7. End User’s Responsibility and the Supplier’s indemnification

The End User commits to ensure the Products are used by the End User only for purposes as intended by the Supplier and pursuant to the EULA.

The End User is responsible for procuring, financing and maintaining necessary computer equipment and internet access etc. to ensure access to the Products. The End User is responsible for the creation, maintenance and use of any data or other content received from or through the Products.

The End User is responsible for ensuring that the End User is using the Products and any of its content correctly, including to ensure that any use or data entry does not constitute an infringement of third-party intellectual property rights.

This obligation applies to any use of the Product, including the End User’s reception or distribution of data or information belonging to any third party as well as content that is imported from any other service provided by the Supplier to the End User.

The End User agrees that under no circumstances will the Supplier be liable in any way for any content, including any errors or omissions, or any loss or damage of any kind incurred as a result of the End User’s use of any content. The End User understands that the End User must evaluate and bear all risks associated with the use of any content, including any reliance on the content, integrity, and accuracy of such content.

The End User may not use the Products in a way prohibited by law, regulation, governmental order or decree; to violate the rights of others; to try to gain unauthorized access to or disrupt any service, device, data, account or network; to spam or distribute malware, or in a way that could harm the Products or impair anyone else’s use of it. The End User shall refrain from using the Products in a way that is unlawful, unethical or may discredit, depreciate or otherwise be harmful to the Supplier’s reputation or goodwill, and shall also refrain from making statements in relation to the Supplier or the Products with similar effects, in so far as this restriction is permissible by applicable law. If the Supplier becomes aware that the End User has breached this paragraph, the Supplier shall first give the Customer a notice with ten (10) days to cease and remedy the damages. If the Customer fails to do so in the given time, the Supplier may revoke the Customer’s License with immediate effect.

In the event the Supplier becomes aware that the End User has used the Products for human rights violations, the Supplier retains the right to revoke the Customer’s license with immediate effect, thereby also terminating the EULA with the End User.

Third Party Beneficiary Protection

All disclaimers, limitations of liability, and indemnifications in this Agreement extend to Epic Games, Inc., its affiliates, and their respective officers, directors, employees, agents, contractors, and licensors (collectively, "Epic Protected Parties") as third-party beneficiaries of this Agreement. The End User acknowledges and agrees that any action or activity that would constitute a breach of this Agreement could cause irreparable harm to Epic Protected Parties.

The End User agrees to indemnify, defend, and hold harmless the Epic Protected Parties from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: a. The End User's breach of any terms or conditions of this Agreement relating to Epic technology; b. The End User's use of Epic technology in any manner that exceeds the scope of the license granted under this Agreement; c. Any claims by third parties arising from the End User's use of Epic technology within the Products. 

8. Termination

This EULA lasts for the duration of the License Period (dependent on a paid License Fee by the Customer for each License Period). The End User’s rights will automatically lapse when the License Period covered by the License Fee expires.

The EULA will automatically terminate on the same calendar day the agreement between the Customer and the Supplier is terminated. Upon termination of the EULA, the Supplier may make the Products non-accessible for the End User. If the End User after such termination is aware of or has been notified about through normal channels such as the account of the End User or similar still got access to the Products, the End User agrees to immediately cease using the Products or to destroy all copies of the Products.

The Supplier shall have the right to audit the End User to verify their use of the Products are in accordance with this EULA, and the End User will provide reasonable assistance for this purpose. The Supplier has the right to terminate the EULA with a specific End User without cause upon thirty (30) days written notice to the End User.  

9. Liability limitations

The Supplier has entered into a license agreement with the Customer with a limited warranty regarding the Products. All claims related to the Products can only be brought by the Customer against the Supplier under such license agreement. The End User irrevocably waives any rights to raise any claims against the Supplier related to the Products.

10. Compliance and Audit Rights

The Supplier shall have the right to monitor and audit the End User's use of the Products, including any Epic technology contained therein, to verify compliance with this Agreement. Upon reasonable notice from the Supplier the End User shall:

a. Provide information regarding its use of the Products, including documentation demonstrating compliance with the terms of this Agreement;

b. Permit the Supplier (or their designated auditors) to inspect any facilities, systems, or records relating to the use of the Products;

c. Provide full cooperation and assistance with respect to any such audit; and

d. Immediately address and remedy any non-compliance identified during an audit.

Any such audit will be conducted during regular business hours and in a manner designed to minimize disruption to the End User's business operations. The End User shall bear the reasonable costs of any audit if the audit reveals material non-compliance with the terms of this Agreement. 

11. Disputes

The EULA shall be interpreted and governed in accordance with Norwegian law. Any disputes related to the EULA shall be decided by the ordinary courts of Norway, and the parties’ consent that all disputes are submitted under the jurisdiction of the Oslo District Court. Any disputes will be handled by the Customer on behalf of the End User according to the License Agreement between the Customer and the Supplier.

Revision Log

1. Published January 2019
   • Initial version
2. Published March 2022
   • Changed Supplier name from The Future Group AS (TFG) to Pixotope Technologies AS (Pixotope)
   • Updated Supplier’s address
3. Published August 2024
   • Added a revision log as new section 15
   • Changed named to “License Agreement” from Subscription Agreement to better represent all the types of licenses issued by the Supplier
   • Clarified that license term also includes “perpetual licenses”
   • Clarified what happens if the Products are unavailable during an active license period
   • Expanded the text to encompass all Products of Pixotope
   • Reworded “Director” to “License Tool” to also be able to include Products which do not use Director
   • Added a section to describe the process of auto renewal
   • Added clarity around support, with link to the Support agreement
   • Added a link to the Hardware warranty
   • Updated section 3 regarding the Customer's responsibility for End Users, section 7.3 regarding interest rate, section 8 updated first and second paragraph to include IP indemnification and section 11 with exclusion of certain damages
4. Published February 2025
   • Update EULA to include text to protect Third-Party Technology Rights