Terms | Canvas GFX

Canvas Envision terms of service

Thanks for choosing the Canvas Envision Platform! Canvas Envision (also, within the scope of this document “Envision”) is a combined desktop and cloud-based visual communication and collaborationplatform developed by Canvas GFX, Inc. These Canvas Envision Terms of Service(these “Terms”) describe your rights and responsibilities as acustomer of Canvas GFX who is a user of Canvas Envision. If you are not aCanvas GFX customer, and are being invited or added to an instance of theEnvision platform set up by another Canvas GFX customer, the Canvas Envision User Notice governsyour access and use of the Envision platform (and not these Terms). These Terms are between you and Canvas GFX Inc, which owns and operates the EnvisionPlatform that you are using or accessing (“Canvas”, “we” or “us”). “You” means the entity you represent in acceptingthese Terms or, if that does not apply, you individually. If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or suchentity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the party that you represent. If you don’t have the legal authority to bind your employer or the applicable entity, please do not click any “I agree” (or similar button or checkbox) that ispresented to you. PLEASE NOTE THAT IF YOU SIGN UPFOR CANVAS ENVISION USING AN EMAIL ADDRESS FROM YOUR EMPLOYER OR ANOTHERENTITY, THEN (A) YOU WILL BE DEEMED TO REPRESENT SUCH PARTY, (B) YOUR CLICK TOACCEPT WILL BIND YOUR EMPLOYER OR THAT ENTITY TO THESE TERMS, AND (C) THE WORD“YOU” IN THESE TERMS WILL REFER TO YOUR EMPLOYER OR THAT ENTITY.

These Terms are effective as of the date you first click “I agree” (or similar button or checkbox) or use or access CanvasEnvision, whichever is earlier (the “Effective Date”). These Terms do not haveto be signed in order to be binding. You indicate your assent to these Terms by clicking “I agree” (or similar button or checkbox) at the time you register for Canvas Envision, create an account, or place an Order. For No-Charge Products, you also indicate your assent to these Terms by accessing or using the applicable No-Charge Product.

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1. What these Terms cover.
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‍1.1. Canvas Envision. These Terms govern our Envision cloud components, related Support, and Additional Services. These Terms include Our Policies (including our Privacy Policy the Product-Specific Terms, and your Orders).

‍1.2. Product-Specific Terms. Some Envision components may be subject to additional terms specific to that product as set forth in the Product-Specific Terms. By accessing or using a product covered by the Product-Specific Terms, you also agree to the Product-Specific Terms.

‍1.3. Software Products Not Covered. These Terms do not apply to our downloadable software products (currently designated as Envision Creator, Canvas X Pro, Canvas X Geo, and Canvas X Draw), use of which requires a separate license agreement with us. For clarity, however, any client software (e.g., mobile applications, web applications) we provide as part of the Envision Platform themselves remains subject to these Terms.

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2. How Canvas Envision is administered.
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‍2.1. Administrators. Through the Envision Platform portal, you may be able to specify certain End Users as Administrators, who will have important rights and controls over your use of the Envision platform and End User Accounts. This may include making Orders for Envision, creating, de-provisioning, monitoring or modifying End User Accounts, and setting End User usage permissions; and managing access to Your Data by End Users or others.

Administrators may also take over management of accounts previously registered using an email address belonging to your domain (which become“managed accounts”, as described in our Documentation). Without limitingSection 2.4 (Responsibility for End Users), which fully applies toAdministrators, you are responsible for whom you allow to become Administrators and any actions they take, including as described above. You agree that our responsibilities do not extend to the internal management or administration of the Envision platform product for you.

‍2.2. Reseller as Administrator. If you order Canvas Envisionthrough a Reseller, then you are responsible for determining whether the Reseller may serve as an Administrator and for any related rights or obligations in your applicable agreement with the Reseller. As between you and Canvas, you are solely responsible for any access by Reseller to your accounts or your other End User Accounts.

‍2.3. End User Consent. You will provide all required disclosures to and will obtain and maintain all required consents from EndUsers to allow: (i) Administrators to have the access described in these Terms and the Privacy Policy and (ii) Canvas’s provision of the Envision platform to Administrators and End Users. You will provide evidence of such consents upon our reasonable request.

‍2.4. Responsibility for End Users. The Envision platform has various user onboarding flows. The Envision platform requires users to be designated by Administrators; some Administrators may allow users to sign up for individual accounts which can become associated with teams or organizations at a later time; and some may allow users to invite other users. You are responsible for understanding the settings and controls for the Envision platform and for controlling whom you allow to become an End User. If payment is required for End Users to use or access Envision platform, then we are onlyrequired to provide access to the Envision platform products to those End Users for whom you have paid the applicable fees, and only such End Users are permitted to access and use the Envision platform products. Envision platform will allow you to designate different types of End Users (for example, “creator”,“collaborator” and “viewer”), in which case pricing and functionality may vary according to the type of End User. You are responsible for compliance with these Terms by all End Users, including for any payment obligations. Please note that you are responsible for the activities of all your End Users, including Orders they may place and how End Users use Your Data, even if those End Users are not from your organization or domain. We may display our User Notice to End Users at sign up, account creation, Envision platform registration, or in-product. If you use single sign-on (SSO) for identity management of your Envision platform products such that End Users will bypass these screensand our User Notice you are responsible for displaying our User Notice to End Users and for any damages resultingfrom your failure to do so.

‍2.5. Credentials. You must require that all End Users keep their user IDs and passwords for the Envision platform strictly confidential and do not share such information with any unauthorized person. User IDs are granted to individual, named persons and may not be shared. You are responsible for any and all actions taken using End User Accounts and passwords, and you agree to immediately notify us of any unauthorized use of which you become aware.

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3. What's included in your Envision Platform subscriptions; what are the restrictions.
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3.1. Access to Envision platform products. Subject to these Terms and during the applicable Subscription Term, you may access and use the Envision platform for your own business purposes or personal use, as applicable, all in accordance with these Terms, the applicable Order and the Documentation. This includes the right, as part of your authorized use of the Envision to download and use the client software associated with the Envision platform. The rights granted to you in this Section 3.1 are non-exclusive, non-sublicensable and non-transferable.

3.2. Support. During the Subscription Term, we will provide Support for the Envision platform in accordance with the Enterprise Support and Service Policy (to the extent applicable), and the applicable Order.

3.3. Restrictions. Except as otherwise expressly permitted in these Terms, you will not: (a) reproduce, modify, adapt or create derivative works of the Envision platform (b) rent, lease, distribute, sell, sublicense, transfer or provide access to the Envision platform to a third party; (c) use the Envision platform for the benefit of any third party; (d) incorporate any Envision platform into a product or service you provide to a third party; (e) interfere with or otherwise circumvent mechanisms in the Envision platform intended to limit your use; (f) reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to any Envision platform, except to the extent expressly permitted by applicable law (and then only upon advance notice to us); (g) remove or obscure any proprietary or other notices contained in the Envision platform; (h) use the Envision platform for competitive analysis or to build competitive products; (i) publicly disseminate information regarding the performance of the Envision platform; or (j) encourage or assist any third party to do any of the foregoing.

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4. Our security and data privacy policies.
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4.1. Security and Certifications. We implement and maintain physical, technical and administrative security measures designed to protect Your Data from unauthorized access, destruction, use, modification, or disclosure. We also maintain a compliance program that includes independent third-party audits and certifications.

4.2. Privacy. We collect certain data and information about you and your End Users in connection with you and your End Users’ use of the Envision platform and otherwise in connection with these Terms. We collect and use all such data and information in accordance with our Privacy Policy which you acknowledge.

4.3. Subpoenas. Nothing in these Terms prevents us from disclosing Your Data to the extent required by law, subpoenas or court orders, but we will use commercially reasonable efforts to notify you where permitted to do so. Canvas GFX strives to balance your privacy rights with other legal requirements; to read more about Canvas’s policies and guidelines for law enforcement officials requesting access to customer data, please see our Guidelines for law enforcement requests.

4.5. GDPR Data Processing Addendum. If you are in the EEAU, Switzerland, or are otherwise subject to the territorial scope of Regulation (EU) 2016/679 (General Data Protection Regulation) or any successor legislation, you can request and complete the Canvas Data Processing Addendum.

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5. Terms that apply to Your Data.
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5.1. Using Your Data to provide Envision platform to You. You retain all right, title and interest in and to Your Data in the form submitted to the Envision platform. Subject to these Terms, and solely to the extent necessary to provide the Envision platform to you, you grant us a worldwide, limited term license to access, use, process, copy, distribute, perform, export, and display Your Data. Solely to the extent that reformatting Your Data for display in a Envision platform constitutes a modification or derivative work, the foregoing license also includes the right to make modifications and derivative works. We may also access your accounts, End User Accounts, and your Envision platform with End User permission in order to respond to your support requests.

5.2. Your Data Compliance Obligations. You and your use of Envision platform (including use by your End Users) must comply at all times with these Terms, the Acceptable Use Policy and all Laws. You represent and warrant that: (i) you have obtained all necessary rights, releases and permissions to submit all Your Data to the Envision platform and to grant the rights granted to us in these Terms and (ii) Your Data and its submission and use as you authorize in these Terms will not violate (1) any Laws, (2) any third-party intellectual property, privacy, publicity or other rights, or (3) any of your or third-party policies or terms governing Your Data. Other than our express obligations under Section 4 (Our security and data privacy policies), we assume no responsibility or liability for Your Data, and you are solely responsible for Your Data and the consequences of submitting and using it with the Envision platform.

5.3. No Prohibited Sensitive Personal Information. You will not submit to the Envision platform (or use the Envision platform to collect) any Sensitive Personal Information unless its processing is expressly supported as a feature of the applicable Envision platform in the applicable Documentation. Notwithstanding any other provision to the contrary, we have no liability under these Terms for Sensitive Personal Information submitted in violation of the foregoing.

5.4. Your Indemnity. You will defend, indemnify and hold harmless us (and our Affiliates, officers, directors, agents and employees) from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) resulting from any claim arising from or related to (i) your breach of Section 2.3 (End User Consent) or any claims or disputes brought by your End Users arising out of their use of the Envision platform, (ii) your breach (or alleged breach) of Sections 5.2 (Your Data Compliance Obligations) or 5.3 (No Prohibited Sensitive Personal Information); or (iii) Your Materials. This indemnification obligation is subject to you receiving (a) prompt written notice of such claim (but in any event notice in sufficient time for you to respond without prejudice); (b) the exclusive right to control and direct the investigation, defense or settlement of such claim and (c) all reasonable necessary cooperation by us at your expense.

5.5. Removals and Suspension. We have no obligation to monitor any content uploaded to the Envision platform. Nonetheless, if we deem such action necessary based on your violation of these Terms, including Our Policies, or in response to takedown requests that we receive following our guidelines for Reporting Copyright or Trademark Violations we may (1) remove Your Data from the Envision platform or (2) suspend your access to the Envision platform. We will use reasonable efforts to provide you with advance notice of removals and suspensions when practicable, but if we determine that your actions endanger the operation of the Envision platform or other users, we may suspend your access or remove Your Data immediately without notice. We have no liability to you for removing or deleting Your Data from or suspending your access to any Envision platform as described in this Section 5.5.

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6. Using third-party products with the Envision platform.
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6.1. Third-Party Products. You (including your End Users) may choose to use or procure other third party products or services in connection with the Envision platform, including Third Party Apps or implementation, customization, training or other services. Your receipt or use of any third party products or services (and the third parties’ use of any of Your Data) is subject to a separate agreement between you and the third party provider. If you enable or use third party products or services with the Envision platform, we will allow the third party providers to access or use Your Data as required for the interoperation of their products and services with the Envision platform. This may include transmitting, transferring, modifying or deleting Your Data, or storing Your Data on systems belonging to the third party providers or other third parties. Any third party provider’s use of Your Data is subject to the applicable agreement between you and such third party provider. We are not responsible for any access to or use of Your Data by third party providers or their products or services, or for the security or privacy practices of any third party provider or its products or services. You are solely responsible for your decision to permit any third party provider or third party product or service to use Your Data. It is your responsibility to carefully review the agreement between you and the third party provider, as provided by the applicable third party provider. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY THIRD PARTY PRODUCTS OR SERVICES (WHETHER SUPPORT, AVAILABILITY, SECURITY OR OTHERWISE) OR FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY PROVIDERS OR VENDORS.

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7. Using Canvas GFX developer assets.
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‍Access to any of our APIs, SDKs or other Canvas GFX developer assets is subject to the Canvas Developer terms which is a separate agreement.

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8. Additional Services.
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8.1. Additional Services. Subject to these Terms, you may purchase Additional Services that we will provide to you pursuant to the applicable Order. Additional Services may be subject to additional policies and terms as specified by us, including the Enterprise Support and Service Policy.

8.2. Our Deliverables. We will retain all right, title and interest in and to Our Deliverables. You may use any of Our Deliverables provided to you only in connection with the Envision platform products, subject to the same usage rights and restrictions as for the Envision platform. For clarity, Our Deliverables are not considered Envision platform products, and any Envision platform products are not considered to be Our Deliverables.

8.3. Your Materials. You agree to provide us with reasonable access to Your Materials as reasonably necessary for our provision of Additional Services. If you do not provide us with timely access to Your Materials, our performance of Additional Services will be excused until you do so. You retain your rights in Your Materials, subject to our ownership of any Envision platform products, any of Our Deliverables or any of Our Technology underlying Your Materials. We will use Your Materials solely for purposes of performing the Additional Services. You represent and warrant that you have all necessary rights in Your Materials to provide them to us for such purposes.

8.4. Training that is not included in the basic subscription. Your purchase, and our provision, of custom Training is subject to our Training Terms and Policy which is a separate agreement.

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9. Billing, renewals, and payment.
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9.1. Annual Plans. Except for No-Charge Products, all Envision platform products are offered an annual subscription basis.

9.2. Renewals. Except as otherwise specified in your Order, unless either party cancels your subscription prior to expiration of the current Subscription Term, your subscription will automatically renew for another Subscription Term of a period equal to your initial Subscription Term. You will provide any notice of non-renewal through the means we designate, which may include account settings in the Envision platform products or contacting our support team. Cancelling your subscription means that you will not be charged for the next billing cycle, but you will not receive any refunds or credits for amounts that have already been charged. All renewals are subject to the applicable Cloud Product continuing to be offered and will be charged at the then-current rates.

9.3. Adding Users. You may add users, increase storage limits, or otherwise increase your use of Envision platform products by placing a new Order or modifying an existing Order. Unless otherwise specified in the applicable Order, we will charge you for any increased use at our then-current rates, prorated for the remainder of the then-current Subscription Term.

9.4. Payment. You will pay all fees in accordance with each Order, by the due dates and in the currency specified in the Order. If a PO number is required in order for an invoice to be paid, then you must provide such PO number to Canvas GFX by emailing the PO number to ar@canvasgfx.com. You agree that we may bill your credit card or other payment method for renewals, additional users, overages to set limits or scopes of use, expenses, and unpaid fees, as applicable.

9.5. Delivery. We will deliver the login instructions for the Envision platform products to your account or through other reasonable means within 72 hours of receipt of the signed PO and contract. All deliveries under these Terms will be electronic.

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10. Taxes not included.
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10.1. Taxes. Your fees under these Terms exclude any taxes or duties payable in respect of the Envision platform in the jurisdiction where the payment is either made or received. To the extent that any such taxes or duties are payable by us, you must pay to us the amount of such taxes or duties in addition to any fees owed under these Terms. Notwithstanding the foregoing, if you have obtained an exemption from relevant taxes or duties as of the time such taxes or duties are levied or assessed, you may provide us with such exemption information, and we will use reasonable efforts to provide you with invoicing documents designed to enable you to obtain a refund or credit from the relevant revenue authority, if such a refund or credit is available.

10.2. Withholding Taxes. You will pay all fees net of any applicable withholding taxes. You and we will work together to avoid any withholding tax if exemptions, or a reduced treaty withholding rate, are available. If we qualify for a tax exemption, or a reduced treaty withholding rate, we will provide you with reasonable documentary proof. You will provide us reasonable evidence that you have paid the relevant authority for the sum withheld or deducted.

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11. If you purchased through a Reseller.
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If you make any purchases through an authorized partner or reseller of Canvas GFX (“Reseller”):(a) you will pay the applicable amounts to the Canvas GFX, as agreed between you and the Reseller.

(b) Your order details (e.g., the Envision platform products, you are entitled to use, the number of End Users, the Subscription Term, etc.) will be as stated in the Order placed with us by the Reseller on your behalf, and Reseller is responsible for the accuracy of any such Order as communicated to us.

(c) Resellers are not authorized to modify these Terms or make any promises or commitments on our behalf, and we are not bound by any obligations to you other than as set forth in these Terms.

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12. Evaluations, trials, and betas.
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We may offer Envision platform or other Canvas Products as free accounts, trial use and Beta Versions as defined below (collectively, “No-Charge Products”). Your use of No-Charge Products is subject to any additional terms that we specify and is only permitted during the Subscription Term we designate (or, if not designated, until terminated in accordance with these Terms). Except as otherwise set forth in this Section 13, the terms and conditions of these Terms governing Envision Platform and Canvas Products, including Section 3.3 (Restrictions), fully apply to No-Charge Products. We may modify or terminate your right to use No-Charge Products at any time and for any reason in our sole discretion, without liability to you. You understand that any pre-release and beta Envision platform offerings, and any pre-release and beta features within generally available Envision Platform offerings, that we make available (collectively, “Beta Versions”) are still under development, may be inoperable or incomplete and are likely to contain more errors and bugs than generally available Envision platform and other Canvas products. We make no promises that any Beta Versions will ever be made generally available. In some circumstances, we may charge a fee in order to allow you to access Beta Versions, but the Beta Versions will still remain subject to this Section 14. All information regarding the characteristics, features or performance of any No-Charge Products (including Beta Versions) constitutes our Confidential Information. To the maximum extent permitted by applicable law, we disclaim all obligations or liabilities with respect to No-Charge Products, including any Support, warranty and indemnity obligations. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, OUR MAXIMUM AGGREGATE LIABILITY TO YOU IN RESPECT OF NO-CHARGE PRODUCTS WILL BE US $100.

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13. IP Rights in the Canvas GFX Products and Feedback.
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Canvas products are made available on a limited access basis, and no ownership right is conveyed to you, irrespective of the use of terms such as “purchase” or “sale”. We and our licensors have and retain all right, title and interest, including all intellectual property rights, in and to Our Technology (including the Envision platform and other Canvas products). From time to time, you may choose to submit Feedback to us. We may in connection with any of our products or services freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. No Feedback will be considered your Confidential Information, and nothing in these Terms limits our right to independently use, develop, evaluate, or market products or services, whether incorporating Feedback or otherwise.

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14. Confidentiality.
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Except as otherwise set forth in these Terms, each party agrees that all code, inventions, know-how and business, technical and financial information disclosed to such party (“Receiving Party”) by the disclosing party ("Disclosing Party") constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure. Any of Our Technology and any performance information relating to the Envision and other Canvas Products will be deemed our Confidential Information without any marking or further designation. Except as expressly authorized herein, the Receiving Party will (1) hold in confidence and not disclose any Confidential Information to third parties and (2) not use Confidential Information for any purpose other than fulfilling its obligations and exercising its rights under these Terms. The Receiving Party may disclose Confidential Information to its employees, agents, contractors and other representatives having a legitimate need to know, provided that they are bound to confidentiality obligations no less protective of the Disclosing Party than this Section 15 and that the Receiving Party remains responsible for compliance by them with the terms of this Section 15. The Receiving Party's confidentiality obligations will not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party). The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party will be entitled to appropriate equitable relief in addition to whatever other remedies it might have at law.

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15. Term and Termination.
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15.1. Term. These Terms are effective as of the Effective Date and expire on the date of expiration or termination of all Subscription Terms.

15.2. Termination for Cause. Either party may terminate these Terms (including all related Orders) if the other party (a) fails to cure any material breach of these Terms within thirty (30) days after notice; (b) ceases operation without a successor; or (c) seeks protection under any bankruptcy, receivership, trust deed, creditors’ arrangement, composition or comparable proceeding, or if any such proceeding is instituted against that party (and not dismissed within sixty (60) days thereafter).

15.3. Termination for Convenience. You may choose to stop using the Envision Platform and Canvas Products and terminate these Terms (including all Orders) at any time for any reason upon written notice to us.

15.4. Effects of Termination. Upon any expiration or termination of these Terms, you must cease using all Canvas GFX products and delete (or at our request, return) all Confidential Information or other materials of ours in your possession, including on any third-party systems operated on your behalf. You will certify such deletion upon our request. You will not have access to Your Data (and we may delete all of Your Data unless legally prohibited) after expiration or termination of these Terms (or its applicable Subscription Term), so you should make sure to export Your Data using the functionality of the Canvas GFX product during the applicable Subscription Term. If you terminate these Terms in accordance with Section 15.2 (Termination for Cause), we will refund you any prepaid fees covering the remainder of the then-current Subscription Term after the effective date of termination. If we terminate these Terms in accordance with Section 15.2 (Termination for Cause), you will pay any unpaid fees covering the remainder of the then-current Subscription Term after the effective date of termination. In no event will termination relieve you of your obligation to pay any fees payable to us for the period prior to the effective date of termination. Except where an exclusive remedy may be specified in these Terms, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these Terms, by law or otherwise.

15.5. Survival. The following provisions will survive any termination or expiration of these Terms: Sections 3.3 (Restrictions), 5.4 (Your Indemnity), 6.1 (Third-Party Products), 9.4 (Payment), 11 (Taxes not included), 14 (Evaluations, trials, and betas) (disclaimers and use restrictions only), 15 (IP Rights in the Canvas GFX Products and Feedback), 16 (Confidentiality), 17 (Term and Termination), 18.4 (Warranty Disclaimer), 19 (Limitations of Liability), 20 (IP Indemnification) (but solely with respect to claims arising from your use of Canvas GFX Products during the Subscription Term), 22 (Dispute Resolution) and 26 (General Provisions).

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16 Warranties and Disclaimer.
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16.1. Mutual Warranties. Each party represents and warrants that it has the legal power and authority to enter into these Terms.

16.2. Our Warranties. We warrant, for your benefit only, that we use commercially reasonable efforts to prevent introduction of viruses, Trojan horses or similar harmful materials into the Canvas GFX Products (but we are not responsible for harmful materials submitted by you or End Users) (the “Performance Warranty”).

16.3. Warranty Remedy. We will use commercially reasonable efforts, at no charge to you, to correct reported non-conformities with the Performance Warranty. If we determine corrections to be impracticable, either party may terminate the applicable Subscription Term. In this case, you will receive a refund of any fees you have pre-paid for use of the Cloud Product for the terminated portion of the applicable Subscription Term. The Performance Warranty will not apply: (i) unless you make a claim within thirty (30) days of the date on which you first noticed the non-conformity, (ii) if the non-conformity was caused by misuse, unauthorized modifications or third-party products, software, services or equipment or (iii) to No-Charge Products. Our sole liability, and your sole and exclusive remedy, for any breach of the Performance Warranty are set forth in this Section 16.

16.4. WARRANTY DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 16, ALL CANVAS GFX PRODUCTS, SUPPORT AND ADDITIONAL SERVICES ARE PROVIDED “AS IS,” AND WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING OUR EXPRESS OBLIGATIONS IN THESE TERMS, WE DO NOT WARRANT THAT YOUR USE OF THE CANVAS GFX PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT WE WILL REVIEW YOUR DATA FOR ACCURACY OR THAT WE WILL PRESERVE OR MAINTAIN YOUR DATA WITHOUT LOSS. YOU UNDERSTAND THAT USE OF THE CANVAS GFX PRODUCTS NECESSARILY INVOLVES TRANSMISSION OF YOUR DATA OVER NETWORKS THAT WE DO NOT OWN, OPERATE OR CONTROL, AND WE ARE NOT RESPONSIBLE FOR ANY OF YOUR DATA LOST, ALTERED, INTERCEPTED OR STORED ACROSS SUCH NETWORKS. WE CANNOT GUARANTEE THAT OUR SECURITY PROCEDURES WILL BE ERROR-FREE, THAT TRANSMISSIONS OF YOUR DATA WILL ALWAYS BE SECURE OR THAT UNAUTHORIZED THIRD PARTIES WILL NEVER BE ABLE TO DEFEAT OUR SECURITY MEASURES OR THOSE OF OUR THIRD PARTY SERVICE PROVIDERS. WE WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

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17. Limitation of Liability.
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17.1. Consequential Damages Waiver. EXCEPT FOR EXCLUDED CLAIMS (AS DEFINED BELOW), NEITHER PARTY (NOR ITS SUPPLIERS) WILL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

17.2. Liability Cap. EXCEPT FOR EXCLUDED CLAIMS, EACH PARTY’S AND ITS SUPPLIERS’ AGGREGATE LIABILITY TO THE OTHER ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE BY YOU TO US UNDER THESE TERMS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

17.3. Excluded Claims. “Excluded Claims” means (1) amounts owed by you under any Orders, (2) either party’s express indemnification obligations in these Terms, and (3) your breach of Section 3.3 (Restrictions) or of Section 2 (Combining the Products with Open Source Software) of third party code in Canvas GFX products.

17.4. Nature of Claims and Failure of Essential Purpose. The parties agree that the waivers and limitations specified in this Section 17 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

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18. IP Indemnification.
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We will defend you against any claim brought against you by a third party alleging that the Canvas GFX Products, when used as authorized under these Terms, infringe any third-party patent, copyright or trademark, or misappropriates any third-party trade secret enforceable in any jurisdiction that is a signatory to the Berne Convention (a “Claim”), and we will indemnify you and hold you harmless against any damages and costs finally awarded on the Claim by a court of competent jurisdiction or agreed to via settlement executed by us (including reasonable attorneys’ fees), provided that we have received from you: (a) prompt written notice of the Claim (but in any event notice in sufficient time for us to respond without prejudice); (b) reasonable assistance in the defense and investigation of the Claim, including providing us a copy of the Claim, all relevant evidence in your possession, custody, or control, and cooperation with evidentiary discovery, litigation, and trial, including making witnesses within your employ or control available for testimony; and (c) the exclusive right to control and direct the investigation, defense, and settlement (if applicable) of the Claim. If your use of the Canvas GFX Products is (or in your opinion is likely to be) enjoined, whether by court order or by settlement, or if we determine such actions are reasonably necessary to avoid material liability, we may, at our option and in our discretion: (i) procure the right for your continued use of the Cloud Product in accordance with these Terms; (ii) substitute a substantially functionally similar Cloud Product; or (iii) terminate your right to continue using the Cloud Product and refund any prepaid amounts for the terminated portion of the Subscription Term. Our indemnification obligations above do not apply: (1) if the total aggregate fees we receive with respect to your subscription to a Cloud Product in the twelve (12) month period immediately preceding the Claim is less than US$50,000; (2) if the Cloud Product is modified by any party other than us, but solely to the extent the alleged infringement is caused by such modification; (3) if the Cloud Product is used in combination with any non-Canvas product, software, service or equipment, but solely to the extent the alleged infringement is caused by such combination; (4) to unauthorized use of Canvas GFX Products; (5) to any Claim arising as a result of (y) Your Data or circumstances covered by your indemnification obligations in Section 5.4 (Your Indemnity) or (z) any third-party deliverables or components contained with the Canvas GFX Products or (6) if you settle or make any admissions with respect to a Claim without our prior written consent. THIS SECTION 18 (IP INDEMNIFICATION) STATES OUR SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS IN CONNECTION WITH ANY CLOUD PRODUCT OR OTHER ITEMS WE PROVIDE UNDER THESE TERMS.

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19. Publicity Rights.
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We may identify you as a Canvas GFX customer in our promotional materials. We will promptly stop doing so upon your request sent to sales@canvasgfx.com.

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20. Dispute Resolution.
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20.1. Informal Resolution. In the event of any controversy or claim arising out of or relating to these Terms, the parties will consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of sixty (60) days, either party may pursue relief as may be available under these Terms pursuant to Section 20.2 (Governing Law; Jurisdiction). All negotiations pursuant to this Section 20.1 will be confidential and treated as compromise and settlement negotiations for purposes of all rules and codes of evidence of applicable legislation and jurisdictions.

20.2. Governing Law; Jurisdiction. These Terms will be governed by and construed in accordance with the applicable laws of the State of California, USA, without giving effect to the principles of that State relating to conflicts of laws. Each party irrevocably agrees that any legal action, suit or proceeding arising out of or related to these Terms must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the State or Federal court in San Francisco, California, USA, and each party irrevocably submits to the sole and exclusive personal jurisdiction of the courts in San Francisco, California, USA, generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other party. In any action or proceeding to enforce a party’s rights under these Terms, the prevailing party will be entitled to recover its reasonable costs and attorneys’ fees.

20.3. Injunctive Relief; Enforcement. Notwithstanding the provisions of Section 20.1 (Informal Resolution) and 20.2 (Governing Law; Jurisdiction), nothing in these Terms will prevent us from seeking injunctive relief with respect to a violation of intellectual property rights, confidentiality obligations or enforcement or recognition of any award or order in any appropriate jurisdiction.

20.4. Exclusion of UN Convention and UCITA. The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to these Terms. The Uniform Computer Information Transactions Act (UCITA) will not apply to these Terms regardless of when or where adopted.

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21. Export Restrictions.
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The Canvas GFX Products are subject to export restrictions by the United States government and may be subject to import restrictions by certain foreign governments, and you agree to comply with all applicable export and import laws and regulations in your access to, use of, and download of the Canvas GFX Products (or any part thereof). You shall not (and shall not allow any third-party to) remove or export from the United States or allow the export or re-export of any part of the Canvas GFX Products or any direct product thereof: (a) into (or to a national or resident of) any embargoed or terrorist-supporting country; (b) to anyone on the U.S. Commerce Department’s Denied Persons, Entity, or Unverified Lists or the U.S. Treasury Department’s list of Specially Designated Nationals and Consolidated Sanctions list (collectively, “Prohibited Persons”); (c) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (d) otherwise in violation of any export or import restrictions, laws or regulations of any United States or foreign agency or authority. You represent and warrant that (i) you are not located in, under the control of, or a national or resident of any such prohibited country and (ii) none of Your Data is controlled under the U.S. International Traffic in Arms Regulations or similar Laws in other jurisdictions. You also certify that you are not a Prohibited Person nor owned, controlled by, or acting on behalf of a Prohibited Person. You agree not to use or provide the Canvas GFX Products for any prohibited end use, including to support any nuclear, chemical, or biological weapons proliferation, or missile technology, without the prior permission of the United States government.

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22. Changes to these Terms.
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We may modify the terms and conditions of these Terms (including Our Policies) from time to time, with notice to you in accordance with Section 24.1 (Notices) or by posting the modified Terms on our website. Together with notice, we will specify the effective date of the modifications.

22.1. No-Charge Products. You must accept the modifications to continue using the No-Charge Products. If you object to the modifications, your exclusive remedy is to cease using the No-Charge Products.

22.2. Paid Subscriptions. Except as otherwise indicated below, modifications to these Terms will take effect at the next renewal of your Subscription Term and will automatically apply as of the renewal date unless you elect not to renew pursuant to Section 9.2 (Renewals). Notwithstanding the foregoing, in some cases (e.g., to address compliance with Laws, or as necessary for new features) we may specify that such modifications become effective during your then-current Subscription Term. If the effective date of such modifications is during your then-current Subscription Term and you object to the modifications, then (as your exclusive remedy) you may terminate your affected Orders upon notice to us, and we will refund you any fees you have pre-paid for use of the affected Canvas GFX Products for the terminated portion of the applicable Subscription Term. To exercise this right, you must provide us with notice of your objection and termination within thirty (30) days of us providing notice of the modifications. For the avoidance of doubt, any Order is subject to the version of these Terms in effect at the time of the Order.

22.3. Our Policies. We may modify Our Policies to take effect during your then-current Subscription Term in order to respond to changes in our products, our business, or Laws. In this case, unless required by Laws, we agree not to make modifications to Our Policies that, considered as a whole, would substantially diminish our obligations during your then-current Subscription Term. Modifications to Our Policies will take effect automatically as of the effective date specified for the updated policies.

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23. Changes to the Envision Platform Products.
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You acknowledge that the Envision Products are on-line, subscription-based products, and that in order to provide improved customer experience we may make changes to the Envision Platform Products, and we may update the applicable Documentation accordingly. Subject to our obligation to provide Envision Platform Products and Additional Services under existing Orders, we can discontinue any Envision Platform Products, any Additional Services, or any portion or feature of any Envision Platform Products for any reason at any time without liability to you.

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24. General Provisions.
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24.1. Notices. Any notice under these Terms must be given in writing. We may provide notice to you through your Notification Email Address, your account or in-product notifications. You agree that any electronic communication will satisfy any applicable legal communication requirements, including that such communications be in writing. Any notice to you will be deemed given upon the first business day after we send it. You will provide notice to us by post to Canvas GFX Inc, 192 South Street, Suite 250, Boston, MA 02111-2736, USA Attn: CEO. Your notices to us will be deemed given upon receipt.

24.2. Force Majeure. Neither party will be liable to the other for any delay or failure to perform any obligation under these Terms (except for a failure to pay fees) if the delay or failure is due to events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency.

24.3. Assignment. You may not assign or transfer these Terms without our prior written consent. As an exception to the foregoing, you may assign these Terms in their entirety (including all Orders) to your successor resulting from a merger, acquisition, or sale of all or substantially all of your assets or voting securities, provided that you provide us with prompt written notice of the assignment and the assignee agrees in writing to assume all of your obligations under these Terms. Any attempt by you to transfer or assign these Terms except as expressly authorized above will be null and void. We may assign our rights and obligations under these Terms (in whole or in part) without your consent. We may also permit our Affiliates, agents and contractors to exercise our rights or perform our obligations under these Terms, in which case we will remain responsible for their compliance with these Terms. Subject to the foregoing, these Terms will inure to the parties’ permitted successors and assigns.

24.4. Entire Agreement. These Terms are the entire agreement between you and us relating to the Canvas GFX Products and any other subject matter covered by these Terms, and supersede all prior or contemporaneous oral or written communications, proposals and representations between you and us with respect to the Canvas GFX Products or any other subject matter covered by these Terms. No provision of any purchase order or other business form employed by you will supersede or supplement the terms and conditions of these Terms, and any such document relating to these Terms will be for administrative purposes only and will have no legal effect.

24.5. Conflicts. In event of any conflict between the main body of these Terms and either Our Policies or Product-Specific Terms, Our Policies or Product-Specific Terms (as applicable) will control with respect to their subject matter.

24.6. Waivers; Modifications. No failure or delay by the injured party to these Terms in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder at law or equity. Except as set forth in Section 22 (Changes to these Terms), any amendments or modifications to these Terms must be executed in writing by an authorized representative of each party.

24.7. Interpretation. As used herein, “including” (and its variants) means “including without limitation” (and its variants). Headings are for convenience only. If any provision of these Terms is held to be void, invalid, unenforceable or illegal, the other provisions will continue in full force and effect.

24.8. Independent Contractors. The parties are independent contractors. These Terms will not be construed as constituting either party as a partner of the other or to create any other form of legal association that would give either party the express or implied right, power or authority to create any duty or obligation of the other party.

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25. Definitions.
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Certain capitalized terms are defined in this Section 25, and others are defined contextually in these Terms.

“Additional Services” means Technical Account Manager (TAM) services, premier or priority support or other services related to the Canvas Products we provide to you, as identified in an Order. For the avoidance of doubt, Additional Services do not include the standard level of support included in your subscription.

“Administrators” mean the personnel designated by you who administer the Canvas GFX Products to End Users on your behalf.

“Affiliate” means an entity which, directly or indirectly, owns or controls, is owned or is controlled by or is under common ownership or control with a party, where “control” means the power to direct the management or affairs of an entity, and “ownership” means the beneficial ownership of greater than 50% of the voting equity securities or other equivalent voting interests of the entity.

“Envision Platform” means our hosted or cloud-based solutions (currently designated as “Cloud” deployments), including any client software we provide as part of the Envision platform Products.

“Documentation” means our standard published documentation for the Envision Platform Products.

“End User” means an individual you or an Affiliate permits or invites to use the Canvas GFX Products. For the avoidance of doubt: (a) individuals invited by your End Users, (b) individuals under managed accounts, and (c) individuals interacting with a Canvas GFX Product as your customer are also considered End Users.

“End User Account” means an account established by you or an End User to enable the End User to use or access a Canvas GFX Product.

“Feedback” means comments, questions, ideas, suggestions or other feedback relating to the Canvas GFX Products, Support or Additional Services.

“HIPAA” means the Health Insurance Portability and Accountability Act, as amended and supplemented.

“Laws” means all applicable local, state, federal and international laws, regulations and conventions, including those related to data privacy and data transfer, international communications and the exportation of technical or personal data.

“Notification Email Address” means the email address(es) you used to register for a Canvas GFX Products and Envision platform account or otherwise sign up for a Canvas GFX Product. It is your responsibility to keep your email address(es) valid and current so that we are able to send notices, statements, and other information to you.

“Order” means Canvas GFX’s applicable online order page(s), flows, in-product screens or other Canvas GFX-approved ordering document or process describing the products and services you are ordering from us and, as applicable, their permitted scope of use. As applicable, the Order will identify: (i) the Canvas GFX Products, (ii) the number of End Users, Subscription Term, domain(s) associated with your use of Canvas GFX Products, storage capacity or limits, or other scope of use parameters and (iii) (for paid Orders) the amount or rate you will be charged, the billing and renewal terms, applicable currency, and form of payment. Orders may also include Additional Services and No-Charge Products.

“Our Deliverables” means any materials, deliverables, modifications, derivative works or developments that we provide in connection with any Additional Services.

“Our Policies” means our Acceptable Use Policy guidelines for Reporting Copyright and Trademark Violations, Privacy Policy, Enterprise Support and Services Policy our EULA (end User Licensing Agreement) and (unless specified) any other policies or terms referenced in these Terms.

“Our Technology” means the Canvas GFX Products an Envision Platform(including all No-Charge Products), Our Deliverables, their “look and feel”, any and all related or underlying technology and any modifications or derivative works of the foregoing, including as they may incorporate Feedback.

“PCI DSS” means the Payment Card Industry Data Security Standards.

“PO” means a purchase order.

“Product-Specific Terms” means additional terms that apply to certain Canvas GFX product and Envision Platform and Additional Services

“Sensitive Personal Information” means any (i) special categories of personal data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation; (ii) patient, medical or other protected health information regulated by HIPAA; (iii) credit, debit or other payment card data subject to PCI DSS; (iv) other personal information subject to regulation or protection under specific laws such as the Gramm-Leach-Bliley Act (or related rules or regulations); (v) social security numbers, driver’s license numbers or other government ID numbers; or (vi) any data similar to the foregoing that is protected under foreign or domestic laws or regulations.

“Subscription Term” means your permitted subscription period for a Canvas GFX Product, as set forth in the applicable Order.

“Support” means support for the Envision Platform and Canvas GFX Products, as further described in Support Policy and Enterprise Support and Services Policy (to the extent applicable). Your Support level will be specified in the applicable Order.

“Training” means Canvas GFX-provided training and certification services.

“Your Data” means any data, content, code, video, images or other materials of any type that you (including any of your End Users) submit to Envision Platform. In this context, “submit” (and any similar term) includes submitting, uploading, transmitting or otherwise making available Your Data to or through the Envision Platform.

“Your Materials” means your materials, systems, personnel or other resources.

Canvas Envision user notice

Effective starting: July 27, 2021

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By accessing or using the Canvas Envision Platform and products you acknowledge and agree to be bound by the Canvas GFX Privacy Policy and Canvas GFX Acceptable Use Policy. You are responsible for (and must have sufficient authority to take) all actions that are performed on or through your Canvas GFX account, including any procurement or use of third party products or services (and associated disclosure of data) in connection with the cloud product. If you have been added or invited to a cloud product, the party that administers such cloud product (and not you) controls your use of that cloud product, including but not limited to adding or removing you from that cloud product, enabling or disabling third-party integrations, and managing permissions. Any content that you submit or upload to the cloud product may be retained, accessed, used, modified, shared, or removed by the party that administers such cloud product and their appointees. You acknowledge that your Canvas GFX account can become managed by the entity that owns or controls the email address domain with which your account was created or registered, as described in our Privacy Policy (see “Notice to End Users”).to boards, lists, and cards within the team) (“Team Content”); (ii) enabling or disabling first or third party Power-Ups or integrations; (iii) managing permissions; and (iv) accessing, modifying, or removing Team Content. You also acknowledge that your Canvas Envision account can become managed by the entity that owns or controls the email address domain with which your account was created or registered, as described in our Privacy Policy.

Canvas GFX privacy policy

Effective July 27, 2021

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We are committed to protecting your privacy and the security of information you provide to us. Canvas GFX, Inc. (“Canvas GFX”) will not sell, rent, lease or disclose customer information to third parties unless required by law or unless you provide consent to such a disclosure. Other terms of Canvas GFX’s privacy policy are as follows:

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Information Collection

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When you engage in activities on our websites or within our products, like ordering or registering products, downloading trial versions of software or software updates, requesting technical support, or subscribing to newsletters and e-mail publications, Canvas GFX may ask you to provide information. By choosing to enter and submit the requested information when prompted, you are consenting to Canvas GFX’s collection, use, and disclosure of such information for the purposes of providing the services to you as outlined herein. If you have previously agreed to Canvas GFX using your personal information for direct marketing services, you may change your mind at any time by writing to or emailing us at the address or email address set out at the bottom of this Privacy Policy. Any information you post to a chat room or public bulletin is available to all users of that site.

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Website Analytics

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We use Google Analytics, Google AdWords Conversion tracker, and other Google services that place cookies on a browser across the website. These cookies help us increase the website’s effectiveness for our visitors. These cookies are set and read by Google. We use AdWords remarketing to market our sites across the web. We place a cookie on a browser, and then a 3rd party (Google) reads these cookies and may serve an ad on a 3rd party site.

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How We Use Your Information

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Any information collected will be used only by Canvas GFX to improve our products, services and websites, or to communicate with you by phone, e-mail, newsletter, and/or notices. Canvas GFX uses information and/or e-mail addresses for internal purposes only and does not sell, lease or rent information to third parties.

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Trial Software Activation

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A valid e-mail address is required to receive trial unlock codes for our products. If you enter a trial period of Canvas GFX software, and consent to our use of your e-mail address by providing the same, we may contact you via phone or e-mail to provide additional information on our products and to survey you on your satisfaction with our software. We may also contact you to provide notice of termination of the trial period or an opportunity to extend your trial period. E-mail is our preferred method of communication and we value the privilege to use it.

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Product Purchasing

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Information we ask you to provide when purchasing or ordering will be only the information necessary to process your purchase or order. When fulfilling an order, we will ask for your name, e-mail address, address (for shipping purposes), telephone number and credit card number, type and expiration date (if paying by credit card). We will use this information only for matters related to your order or product registration unless you request otherwise. We do not store your credit card information.

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Product Registration

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If, after or during purchase, you choose to register your Canvas GFX software, any information you provide will only be used to improve the service provided to you. The details we gather will be used to uniquely identify your relationship to a Canvas GFX software application and to support communications with you including: notification of software updates and service releases, notice of changes in policy that relate to the use of your software, and the provision to you of prioritized customer service or technical support.

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Canvas GFX Newsletter and Information List Memberships

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When you consent to receive newsletters, Canvas GFX may use information it has collected to provide you with mailed or e-mailed notices according to the preferences that you indicate to us. This may include notice in the form of newsletters, website update notices, notification of the availability of new products or product updates as well as information on promotions and special offers. You can elect to not receive any further notices from Canvas GFX, either by 1) unsubscribing directly to any e-mail you receive, or 2) by logging into your account with Canvas GFX where you can unsubscribe or change your preferences. (You can log-in to the preference center once you have submitted your e-mail address to Canvas GFX and it has been processed.)

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Canvas GFX Website or Canvas GFX Product User Surveys

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Any additional information we request from you for improving the Canvas GFX website or product surveys requires your consent. This additional information may include name, mailing address, telephone number, facsimile numbers, e-mail address, and other demographic information that will enable us to better understand the requirements of our customers and to continue to provide high quality products and services.

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Website Activity

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When you visit any of Canvas GFX’s websites, some information is automatically collected, such as your computer’s operating system and browser type, version and capabilities (such as whether JavaScript is enabled and cookies are accepted), your Internet Protocol (IP) address and the time and date of your visit, the referring site (if applicable), as well as screen resolution, color and depth. This information is tracked using “cookies” and “Web beacons”. Cookies are small files that are stored on your computer by your browser at the request of a website to store your personal preferences. Canvas GFX uses cookies to keep you logged in to our websites, to count the number of unique computers visiting our websites and to record your user preferences. Web beacons, or web bugs, are small graphic images on a web page or other web-based content that allow the website’s owner or a third party to monitor the IP address and other information of the websites or computer viewing the web page or content. Web beacons collect the IP address of the computer to which it is sent, the URL of the page from where it came and the time it was viewed. Web beacons can be linked to personal information. Canvas GFX may place Web beacons on our websites in conjunction with cookies to monitor how visitors are navigating and/or interacting with our websites. We treat automatically collected information the same way we treat personal information if we combine it with or link to any of the personal information identified in this Privacy Policy. Otherwise, it is used in the aggregate only with no personal identifiers.

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Some third parties may place cookies in advertisements and in other locations on our websites and may place Web beacons in conjunction with such cookies. Information collected by these third parties is subject to those third parties’ policies governing the use and disclosure of personal information. In addition, a third-party service is used to anonymously track traffic data on our websites using a cookie that is not linked to, and does not track, any personally identifiable information about the users of our websites.

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Your use of Canvas GFX Product

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We keep track of certain information about you when you visit and interact with our product(s). This information includes:

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Number of Workspaces
Number of users in the enterprise and outside the enterprise
Number of Desktop Installs
Number of views of documents
Number of files
Total Storage Size
Number of logins
Number of invitations to view documents sent
Number of shared link views

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Security of Your Personal Information

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Canvas GFX takes the protection of the personal information you provide very seriously. Personal information collected is stored in password-controlled servers with limited access. However, perfect security on the Internet does not yet exist and we cannot warrant that our transfer of data is impenetrable or invulnerable to hackers. Internal data is shared through secured transmissions and maintained in secured databases.

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Canvas GFX may hire certain outside contractors to perform services or functions on our behalf (such as customer support, packaging & shipping). We will only provide those companies the personal information they need to complete the desired service. They are not permitted to use customer information for any other purpose and are obligated to keep your customer information confidential. Information submitted to Canvas GFX may be transferred across national boundaries to or from our servers in Canada and the United States. Canvas GFX will only disclose customer information if required to do so by law or legal process.

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Privacy Issues, Concerns and Correcting Information

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At any time you may review, correct, ask for a copy, or remove any personal information, including your consent to the permitted uses of your personal information, by contacting Canvas GFX at:

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Privacy/Customer Service

Canvas GFX, Inc.

192 South Street, Suite 250
Boston, MA 02111-2736, USA

acceptable use policy

Effective starting: July 27, 2021

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Here at Canvas GFX, our goal is to help you and your team do the best work of your lives, every day. To do this, we need to keep our products and services running smoothly, quickly, and without disruption. For this to happen, we need help from you, our users. We need you not to misuse or abuse our products and services.

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To describe exactly what we mean by “misuse” or “abuse” – and help us identify such transgressions, and react accordingly – we’ve created this Acceptable Use Policy. Under this policy, we reserve the right to remove content from our platform that is inconsistent with the spirit of the guidelines, even if it’s something that is not forbidden by the letter of the policy. In other words, if you do something that isn’t listed here verbatim, but it looks or smells like something listed here, we may still remove it.

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You’ll see the word “services” a lot throughout this page. That refers to all websites owned or operated by Canvas GFX and any related websites, sub-domains and pages, as well as any cloud services operated by Canvas GFX.

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Use your judgment, and let’s be kind to each other so we can keep creating great things. You can find all the legal fine print at the bottom of this page.

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Here’s what we won’t allow:

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Disruption

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Compromising the integrity of our systems. This could include probing, scanning, or testing the vulnerability of any system or network that hosts our services. This prohibition does not apply to security assessments expressly permitted by Canvas GFX.
Tampering with, reverse-engineering, or hacking our services, circumventing any security or authentication measures, or attempting to gain unauthorized access to the services, related systems, networks, or data
Modifying, disabling, or compromising the integrity or performance of the services or related systems, network or data
Deciphering any transmissions to or from the servers running the services
Deliberately overwhelming or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.), such as:

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- Using “robots,” “spiders,” “offline readers,” or other automated systems to send more request messages to our servers than a human could reasonably send in the same period of time by using a normal browser

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- Going far beyond the use parameters for any given service as described in its corresponding documentation

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- Consuming an unreasonable amount of storage for any form of digital content which is unrelated to the purposes for which the services were designed

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Wrongful activities

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Misrepresentation of yourself, or disguising the origin of any content (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Canvas GFX or any third party)
Using the services to violate the privacy of others, including publishing or posting other people's private and confidential information without their express permission, or collecting or gathering other people’s personal information (including account names or information) from our services
Using our services to stalk, harass, or post direct, specific threats of violence against others
Using the Services for any illegal purpose, or in violation of any laws (including without limitation data, privacy, and export control laws)
Accessing or searching any part of the services by any means other than our publicly supported interfaces (for example, “scraping”)
Using meta tags or any other “hidden text” including Canvas GFX’s or our suppliers’ product names or trademarks
Using the Services for the purpose of providing alerts on disaster scenarios or any other situations directly related to health or safety, including but not limited to acts of terrorism, natural disasters, or emergency response

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Inappropriate communications

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Using the services to generate or send unsolicited communications, advertising, chain letters, or spam
Soliciting our users for commercial purposes, unless expressly permitted by Canvas GFX
Disparaging Canvas GFX or our partners, vendors, or affiliates
Promoting or advertising products or services other than your own without appropriate authorization

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Inappropriate content

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Posting, uploading, sharing, submitting, or otherwise providing content that:

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- Infringes Canvas GFX’s or a third party’s intellectual property or other rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights of publicity, or any other intellectual property right or proprietary or contractual right

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- You don’t have the right to submit

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- Is deceptive, fraudulent, illegal, obscene, defamatory, libellous, threatening, harmful to minors, pornographic (including child pornography, which we will remove and report to law enforcement, including the National Center for Missing and Exploited Children), indecent, harassing, hateful

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- Encourages illegal or tortious conduct or that is otherwise inappropriate

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- Attacks others based on race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition

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- Contains viruses, bots, worms, scripting exploits, or other similar materials

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- Is intended to be inflammatory

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- Could otherwise cause damage to Canvas GFX or any third party

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In this Acceptable Use Policy, the term “content” means: (1) any information, data, text, software, code, scripts, music, sound, photos, graphics, videos, messages, tags, interactive features, or other materials that you post, upload, share, submit, or otherwise provide in any manner to the services and (2) any other materials, content, or data you provide to Canvas GFX or use with the Services.

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Without affecting any other remedies available to us, Canvas GFX may permanently or temporarily terminate or suspend a user’s account or access to the services without notice or liability if Canvas GFX (in its sole discretion) determines that a user has violated this Acceptable Use Policy.

Canvas GFX guidelines for law enforcement requests

Canvas GFX Guidelines for Law Enforcement Requests

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Policy effective as of May 15, 2021

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Canvas GFX’s policy on responding to law enforcement requests

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Canvas GFX provides software tools for teams to collaborate in an online platform environment. These guidelines provide information to inform law enforcement officials seeking customer account records and customer content (“Customer Information”) from Canvas GFX in response to valid legal process, consistent with our Privacy Policy and Acceptable Use Policy. Canvas GFX respects the rules and laws of the jurisdiction in which it operates, as well as the privacy and rights of its customers. Accordingly, Canvas GFX provides Customer Information in response to law enforcement requests only when we reasonably believe that we are legally required to do so. To protect our customers’ rights, we carefully review requests to ensure that they comply with the law.

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To obtain Customer Information from Canvas GFX, law enforcement officials must provide legal process appropriate for the type of information sought, such as a subpoena, court order, or a warrant. For example, Canvas GFX will not provide non-public customer content unless served with a valid search warrant, issued on a showing of probable cause by a federal or state court authorized to issue search warrants, which requires Canvas GFX to disclose the content. Please review these guidelines before submitting a law enforcement request to Canvas GFX.

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These guidelines are intended to serve as an informational resource and do not create obligations or waive any objections concerning how Canvas GFX will respond in any particular case or request. Canvas GFX reserves the right to seek reimbursement for the costs associated with responding to law enforcement data requests, where appropriate.

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User Notice Policy

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Canvas GFX’s policy is to notify customers of requests for their information and provide them with an opportunity to object to the disclosure 7-10 days prior to production, unless such notification is prohibited by law. Canvas GFX may shorten the notice period in its discretion, but generally only does so in emergency situations. Law enforcement officials who believe that notification would jeopardize an investigation should obtain an appropriate court order or other process that specifically prohibits customer notification, such as an order issued under 18 U.S.C. § 2705(b).

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Further, if your request places Canvas GFX on notice of an ongoing or prior violation of our use policy, we will take action to prevent further violation, including account termination and other actions that may notify the user that we are aware of the misconduct. If you believe in good faith that taking such actions will jeopardize an ongoing investigation, you may request that Canvas GFX defer such action in your request. Canvas GFX will evaluate such requests on a case-by-case basis. It is the responsibility of the requesting law enforcement official to make this request, as it is Canvas GFX’s policy to enforce its terms of use.

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Serving a Valid Law Enforcement Request & Contact Information

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Email Address for Law Enforcement Questions and to Send Legal Process:

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support@canvasgfx.com

Mailing Address for Law Enforcement Requests:

Canvas GFX, Inc

192 South Street, Suite 250
Boston, MA 02111-2736, USA

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While we agree to accept service of law enforcement requests by these methods, neither Canvas GFX nor our customers waive any legal rights based on this accommodation.

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Each request must include contact information for the authorized law enforcement agency official submitting the request, including:

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Requesting agency name
Requesting agent name and badge/identification number
Requesting agent employer-issued email address
Requesting agent phone contact, including any extension
Requesting agent mailing address (P.O. Box will not be accepted)
Requested response date (see details below for emergency requests)

Please note that requests seeking testimony must be personally served on our registered agent for service of process. We do not accept such requests in person or via email.

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Available Canvas GFX Customer Information

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Canvas GFX offers a Visual Communication and Collaboration product on its platform that contains Customer Information. In addition, Canvas GFX maintains certain Customer Information in internal systems as a matter of regular business processes. Canvas GFX will review and respond to requests for Customer Information pursuant to a valid, enforceable government request, court order and/or warrant, depending on the type of information requested.

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The categories of Customer Information that may be available for law enforcement requests seeking basic customer account information, include, for example: email address, name, phone number, screen name, instant messenger ID and/or billing contact information (in connection with paid accounts). Additional information regarding IP addresses, transactional records and other customer records may be available.

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The categories of Customer Information that may be available to law enforcement requestors is for the Visual Teamwork and collaboration product used by the customer about whom law enforcement seeks information. We encourage law enforcement officials making a request for Canvas GFX, Inc Customer Information to review our product descriptions before preparing legal process and submitting your request, order or warrant.

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Law Enforcement Preservation Requests

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Canvas GFX will preserve Customer Information for 90 days upon receipt of a valid law enforcement request. Canvas GFX will preserve information for an additional 90-day period upon receipt of a valid request to extend the preservation. If Canvas GFX does not receive formal legal process for the preserved information before the end of the preservation period, the preserved information may be deleted when the preservation period expires.

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Preservation requests must be sent on official law enforcement letterhead, signed by a law enforcement official, and must include:

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The relevant account information identified below for the customer whose information is requested to be preserved;
A valid return email address; and
A statement that steps are being taken to obtain a court order or other legal process for the data sought to be preserved.

Preservation requests may be sent to the contact information (mailing address or email account) provided, above.

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How to Request Canvas GFX Customer Information

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When requesting Customer Information, law enforcement requestors should provide as much of the following information as is available. Providing the following identifying information will facilitate Canvas GFX’s ability to respond in an effective and timely manner:

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Basic Customer Account Information Username, email, address, URL.
Customer Information involving Canvas GFX products:

- Canvas Envision Information to Include in Law Enforcement Request

- User name, email, URL

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International Law Enforcement Requests

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U.S. law authorizes Canvas GFX to respond to requests for Customer Information from foreign law enforcement agencies that are issued via a U.S. court either by way of a Mutual Legal Assistance Treaty (MLAT) request or letter rogatory. It is our policy to respond to such U.S. court-ordered requests when properly served. Canvas GFX will evaluate emergency requests from foreign law enforcement on a case-by-case basis, consistent with U.S. law and the laws of other countries, if applicable. Emergency requests may be submitted directly to Canvas GFX via the procedure described below.

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Emergency Requests

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Canvas GFX evaluates emergency requests on a case-by-case basis. If you provide information that gives us a good faith belief that there is an emergency involving imminent danger of death or serious physical injury to any person, we may provide information necessary to prevent that harm if we are in a position to do so, consistent with applicable law.

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Emergency requests may be submitted via email to support@canvasgfx.com with the subject line: “Emergency Disclosure Request” and completing and sending this form.

reporting copyright and trademark violations

Effective May 15, 2021

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Canvas GFX respects the rights of copyright and trademark holders, as described in this policy. This policy is incorporated by reference into the Canvas GFX Terms of Service Agreement (the “Agreement”). Terms used in this policy shall have the same definitions as in the Agreement or our Acceptable Use Policy as applicable, except where otherwise noted.

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Copyright

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Canvas GFX does not allow copyright infringing activities on Canvas GFX Envision Platform websites (our “Services”). We will remove a party’s data or content from our Services if properly notified that such data or content infringes on another's copyright rights. Canvas GFX has a policy of terminating, in appropriate circumstances, the accounts of parties who repeatedly infringe copyright holders’ copyrights. You are a “repeat infringer” if, on more than two occasions, you have been notified of infringing activity or have had Your Data or content removed from our Services. Canvas GFX also reserves the right to terminate Your accounts suspected of infringing copyrights upon the first incident without further notice, at our sole discretion.

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If you believe that any content in our Services violates your copyright, you should notify Canvas GFX; support@canvasgfx.com

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In order for Canvas GFX to take action, you must do the following in your notice:

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(1) provide your physical or electronic signature;

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(2) identify the copyrighted work that you believe is being infringed, or, if multiple copyrighted works are covered by the notice, a representative list of such works;

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(3) identify the item that you think is infringing and which is to be removed or access to which is to be disabled, and include sufficient information about where the material is located (including which website) so that Canvas GFX can find it (such as the item’s URL);

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(4) provide Canvas GFX with a way to contact you (such as address, telephone number, or email);

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(5) provide a statement that you believe in good faith that the item identified as infringing is not authorized by the copyright owner, its agent, or the law to be used by Canvas GFX; and

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(6) provide a statement that the information you provide in your notice is

accurate, and that
under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the copyright owner whose work is allegedly being infringed.

We will promptly notify the alleged infringer that you have claimed ownership of the rights in this content and that we have complied with your takedown notice for the content.

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Trademark

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Trademark owners should make an effort to directly contact an offending third party before submitting a trademark infringement report to Canvas GFX.

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If you are a trademark owner and you believe in good faith that any content on our Services or infringes on your trademark rights, please inform us at support@canvasgfx.com or at the notice address for Canvas GFX indicated in the Agreement. Your notice must include:

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(1) Identification of the trademark(s) claimed to have been infringed, and, if registered with the United States Patent and Trademark Office or similar foreign entity, the registration number of the mark(s);

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(2) Identification of the material claimed to be infringing and information sufficient to permit Canvas GFX to locate the material, such as the specific URL where the trademark appears on the Services;

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(3) A statement that the complaining party has a good faith belief that use of the trademark in the manner complained of is an infringement of the rights granted under United States or foreign trademark law;

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(4) A statement that the information in the letter is:

accurate, and
under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the allegedly infringed trademark; and

(5) A physical or electronic signature of a person authorized to act on behalf of the owner of the trademark that is allegedly infringed.

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Once you submit the report to Canvas GFX , our team will begin a brief investigation and will take action that it deems appropriate under the circumstances. If more information is needed from you, we will reach out via e-mail.

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Canvas GFX reserves the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames. Accounts using business names or logos to mislead others may be permanently suspended.

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But please note that Canvas GFX is not in a position to adjudicate complicated trademark disputes between third parties. Therefore, we are not in a position to act on reports that require a complex legal analysis or factual investigation. In those instances, we encourage you to contact the third party directly to try and resolve the matter. In fact, you should consider doing so even before filing a report with us, as it is often more effective in resolving the dispute.

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If we decide to take down content in response your report, please note that we will provide your report and contact information to the affected party, who may contact you directly regarding the matter.

Canvas Envision support policy

Introduction

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This Support Policy is for Canvas GFX, Inc (COMPANY) and it sets forth terms and conditions applicable to Company’s provision of maintenance and support services with respect to the Canvas Envision® Platform and Products.

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Support Services

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During the Subscription Period, Company shall make available to Customer, at no additional charge, standard technical support as specified in this Section with respect to the desktop application and cloud based services (“Standard Support”). Additionally, Customer may purchase “Premium” and/or “Enterprise” level support via an Order Form for an additional fee.

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Support Services shall only be provided to 1) Customer employees or 2) Consultant(s) who have been identified as a Customer Designated Representative in an Order Form or by email notification from Customer to support@canvasgfx.com (the “Customer Designated Representatives”). Customer may change their Customer Designated Representative by email notification to support@canvasgfx.com. Other Authorized Users shall use the Documentation and rely on the Customer Designated Representatives for their support.

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Company will use commercially reasonable efforts to resolve any Error reported to Company by Customer in accordance with the Support Request procedures set forth below, with fully documented and reproducible examples of the reported problem.

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If Customer has purchased “Enterprise” Support, Company shall also provide Development Support, subject to the limitations set forth herein. “Development Support” means technical assistance in support of Customer’s development of Customer Extensions using the development tools included in the Subscription Services, to the extent offered by Company to its Development Support customers generally. For the avoidance of doubt, Development Support does not include actual development work, such as the writing or debugging of code, or any other services. Development Support shall only be provided to Customer Designated Representatives. This engagement will be governed by a statement of work mutually agreed by both parties and charges will be based on a rate card with hourly rates.

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Notwithstanding anything to the contrary contained herein, the following shall be excluded from the scope of the Support Services, except to the extent otherwise agreed by the Parties in writing (such as, pursuant to a Statement of Work):

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(a) Any issue which, following investigation by Company, is determined not to be an Error in the Subscription Services, including issues related to third party software products or the failure to operate the Subscription Services in accordance with its Documentation;

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(b) Any issue related to Customer Extensions, except to the limited extent set forth above in connection with Development Support;

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(c) Any Professional Services.

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Customer shall cooperate fully with Company in Company’s provision of the Support Services, including by providing Company, in a timely fashion, with such assistance and access to information need to perform the support service.

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With respect to Errors properly reported by Customer in accordance with the terms of this Support Policy, Company will use commercially reasonable efforts to adhere to the response target timelines specified in the table below:

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Support Terminology

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All service requests are important to both Canvas and our customers. We respond to all inquiries as quickly as possible. Canvas GFX uses various terminology when referring to the support levels (“Tiers”), categories, severities, and priorities of inquiries defined as follows:

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Tiered Support

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Tier 1 – Basic help desk resolution including support for basic customer issues. Tier 1 includes any licensing and account issues. If no solution is available, Tier 1 personnel escalate incidents to a higher tier.
Tier 2 – Experienced and knowledgeable technicians assess issues and provide solutions for problems that cannot be handled at Tier 1. If no solution is available, Tier 2 personnel escalate incidents to a higher tier.
Tier 3 - Access to the highest technical resources available for problem resolution or new feature creation. Tier 3 technicians attempt to duplicate problems and define root causes, using product designs, code, or specifications.

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Issue Categorization

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Question - There is a question about Envision workflows, documentation, and licensing.
Problem - There is an issue using Envision where it is not behaving as expected. Report the issue with detailed information enabling Canvas Support to reproduce the problem. Provide product version, system information, sample file, and steps to reproduce.
Bug - The problem has been confirmed to be an error within our product. Provide product version, system information, sample file, and steps to reproduce. A Problem is not considered a Bug until Canvas GFX Support has reproduced it.
Feature Request - A request for new functionality within the product, or a Problem/Bug which Canvas has determined can only addressed with new functionality.
Documentation Bug – There is a mistake or something missing from the Canvas Envision documentation.

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Issue Severity

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The customer identifies the severity of an issue to their business.

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Critical - Stopping business and/or development
High - Significantly affecting business, partial loss of functionality
Medium - Somewhat affecting business, work continues mostly unaffected
Low - Minimally affecting business, no loss of functionality

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Issue Priority

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Canvas sets the priority based on Customer Severity, nature of the problem, support level, etc.

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High – Highest priority issues for the Support team.
Medium – Elevated priority.
Low – Normal priority.

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Support Response Times

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Canvas endeavours to provide responses and resolutions to support issues as quickly as possible. Canvas measures two factors:

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First Response Time: The inquiry is reviewed, and a reply is provided with the answer to a question, response to a problem, solution and/or workaround for a problem, acknowledgement of a feature request, or advice the inquiry is raised to a Tier 2 or Tier 3.
Resolution Time: Once the inquiry is understood by all parties, a reply is provided with an answer to a question, response to a problem, solution and/or workaround for a problem, or acknowledgement of a feature request.

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The channels for getting support for Envision will be:

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See the Envision Knowledge and Support Center for more information.

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Support Levels

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The three levels of support are Standard, Premium and Enterprise. Standard is included with every Envision subscription, and additional support and training is offered for an additional fee. We also offer Enterprise Support as defined in section 1.0 Support Services.

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*Business hours are defined as 8:00 AM to 8:00 PM ET. Calls received out of office hours will go to voicemail which will be managed the following business day from our ticket system.

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** Remote assistance will be provided in-line with the above times dependent on the priority of the support request and availability of the customer who submitted the inquiry.

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Submitting a Support Request

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Prior to submitting an Error report or other request for Support Services (each, a “Support Request”), a Customer Designated Representative is expected to consult the relevant Documentation and the Knowledge Base located at https://envisionsupport.canvasgfx.com/portal/en/home

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If the Customer Designated Representative is unable to resolve the issue by referencing the Documentation and Knowledge Base, then the Customer Designated Representative may submit a Support Request to the Company service center via the support portal https://envisionsupport.canvasgfx.com/portal/en/home, by e-mail to support@canvasgfx.com.com or, if Customer has purchased Premium Support or Enterprise Support, by telephone. For Support Requests that Customer considers urgent, the Customer Designated Representative shall promptly notify Company by email at support@canvasgfx.com to confirm Company’s receipt of the Support Request.

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When submitting a Support Request, the Customer Designated Representative must furnish Company with all information and assistance needed by Company to address the reported issue, including by promptly furnishing sample input and output, providing assistance in isolating and reproducing the suspected Error, performing diagnostics and tests requested by Company, and carrying out any required remedial tasks requested by Company.

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No Support Request may be initiated by a Customer Designated Representative directly to any Company engineering or professional services personnel or in any other way that might bypass the Company support service center.

Canvas Envision training terms and policy

Canvas GFX built Envision for easy adoption and use. When our customer purchases Envision it includes two (2) remote training sessions for as many users as the customer desires. We also have created self-help tools which are maintained in our Support and Knowledge center at https://envisionsupport.canvasgfx.com/portal/en/home

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For customer requiring customized training for their organization and partners we will create a mutually agreed SOW (Statement of Work). This SOW can be paid on a project basis or hourly based on our rate card.

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Canvas Envision End User Software License Agreement (EULA)

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PLEASE READ THIS AGREEMENT CAREFULLY. This End User License Agreement (EULA) between YOU and Canvas covers YOUR use of Canvas Software and Cloud Services (PRODUCT). CANVAS GFX INC (CANVAS) LICENSE THIS PROGRAM, TOOL, PLUG-IN, ADD-ON, UTILITY APPLICATION, LIBRARY, BOOK, CONTENT, SOLUTION, SERVICE OR OTHER MATERIAL (THE “PRODUCT”) TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THIS AGREEMENT (“AGREEMENT) THE CUSTOMER AGREES THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY CUSTOMER. THIS AGREEMENT IS ENFORCEABLE AGAINST CUSTOMER. IF CUSTOMER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, CUSTOMER MAY NOT USE THE PRODUCT.

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Customer may have another written agreement directly with Canvas GFX (e.g., a master services license agreement) that supplements or supersedes all or portions of this agreement. The Product is LICENSED, NOT SOLD, only in accordance with the terms of this agreement.

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The Product may cause Customer’s Computer to AUTOMATICALLY CONNECT TO THE INTERNET. The Product may also require activation or registration.

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1.0 Definitions.

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1.1 “Canvas” means Canvas GFX, Inc., a Florida Corporation.

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1.2 “Compatible Computer” means a Computer with the recommended operating system and hardware configuration as stated in the Documentation.

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1.3 “Computer” means a virtual or physical device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions, including without limitation desktop computers, laptops, tablets, mobile devices, telecommunication devices, Internet-connected devices, and hardware products capable of operating a wide variety of productivity, entertainment, or other software applications.

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1.4 “Customer” means you and any legal entity that obtained the Product, and, on whose behalf, it is used; for example, and as applicable, your employer.

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1.5 “Internal Network” means a private, proprietary network resource accessible only by employees and individual contractors (i.e., temporary employees) of a specific corporation or similar business entity. Internal Network does not include portions of the Internet or any other network community open to the public, such as membership or subscription driven groups, associations, and similar organizations.

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1.6 “Output File” means an output file Customer creates with the software.

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1.7 “Product” means (a) all of the information with which this agreement is provided, including but not limited to: (i) all software files and other computer information; (ii) any proprietary scripting logic and/or API’s embedded within exported file formats; (iii) sample and stock photographs, images, sounds, clip art and other artistic works bundled with Canvas software or made available by Canvas on Canvas’ website for use with the Canvas software and not obtained from Canvas through a separate service (unless otherwise noted within that service) or from another party (“Content Files”); (iv) related explanatory written materials and files (“Documentation”); and (b) any modified versions and copies of, and upgrades, updates, and additions to, such information, provided to Customer by Canvas at any time, to the extent not provided under separate terms (collectively, “Updates”)and (v) tools, plug-in, add-ons, (vi) cloud services.

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1.8 “Backup Copy” means one non-transferable copy of the “Software” created for archival purposes only that is not installed or Used on a Device except for back-up use during emergency situations.

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1.9 “Clip Art” means all art, symbols, templates, and photos included in this package.

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1.10 “Use” of this Product means that Customer has loaded, installed, or run this Software on a Computer.

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2. Software License

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2.1.1 License Grant. Subject to the terms and conditions of this Agreement, payment of the applicable license fees (the “Subscription Fee”) and conditioned on your continuous compliance with all license limitations and restrictions described in this Agreement, Canvas grants You a non-exclusive, non-transferable (a) license to use the Product; and (b) right to use the Envision Cloud Services. The Product can be obtained from Canvas directly or through a Canvas’ authorized reseller. The license is or your internal business purposes only and remains active during the set subscription period (the “Subscription Period”) for the number of users for which the corresponding fee has been paid (the Permitted Number”) This agreement will also govern any upgrades to the Product provided by Canvas that replace and/or supplement the original Product, unless such upgrades are accompanied by a separate license in which case the terms of that license will govern.

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2.1.2 Subscription Period: The Subscription Period for the Product will begin on the day you order the Product and end one year or in the specified period thereafter. You agree to pay the Subscription Fee for the Subscription Period. Your subscription to the Product will automatically renew for a new Subscription Period upon your payment of the new subscription fee. Canvas reserves the right to change the Subscription Fee for any renewal Subscription Periods. Each new Subscription Period will be subject to the same terms and conditions set forth in this Agreement, which may be updated by Canvas from time to time. The license granted herein is supplemented by specific provisions in Section 13 as related to the use of certain applicable third party software products and components that may be included in the Product such as Clip Art, manuals, other related documentation programs that accompanies this Agreement and any available software user manuals, reference manuals and installation guides or portions thereof, either in electronic or printed form, in any media whatsoever as well as all future related updates supplied by Canvas. Updates to the terms of this Agreement can be found on your customer portal or on the website.

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2.1.3 End of Subscription Period. You agree that Canvas may disable the Product, at the end of the Subscription Period if you have not paid the Subscription Fee to renew your subscription to the Product. The Customer may not use the Product unless the Customer has renewed the license.

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2.1.4 Maintenance. Standard Maintenance and support are included with your Subscription Fee. Canvas will make reasonable efforts to notify you when updates to the Product are available in your customer portal or the Product. Updates are also available upon request (when applicable). It is your responsibility to download the updates. Support will be provided according to the terms of Canvas’ current Enterprise Support Agreement found at http://www.canvasgfx.com.

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Installation and Use.

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Customer is responsible for installation of the Product. Customer shall not allow others outside of their enterprise to Use, copy or evaluate copies of this Product unless there is prior agreement from Canvas GFX.

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2.1.5 Activation of Product. Customer may be required to activate the Product through the Internet. There are technological measures within the software that are designed to prevent unlicensed use of the software. Canvas will use those measures to confirm the Customer has a valid licensed copy of the software. Canvas will not collect any personally identifiable information from the Customer’s Computer.

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2.1.6 Backup Copy. Customer may make one copy of the software in machine-readable form for archival backup purposes only. As an express condition of this permitted Use, Customer must reproduce on each backup copy any copyright notice or other proprietary notice that is on the original copy supplied by Canvas. This license is not transferable and cannot be sublicensed without the written consent of Canvas.

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2.1.7 Customer has the right to use, modify, and include Clip Art as illustrative or decorative material that is included as part of a total original graphic of your own design for use in print, film or computer media communications.

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2.1.8 Distribution from a Server. As permitted by the Documentation, Customer may copy an image of the software onto a Computer file server within Customer’s Internal Network (“Server”) for the purpose of downloading and installing the software onto Computers within the same Internal Network for use only as permitted by this Section 2.

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2.1.9 Transfer. Unless otherwise authorized herein, this Product and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale transferred or sub-licensed in whole or in part.

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2.2. License Types.

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2.2.1 Trial License. The Product, or portions of the Product, that are provided with a serial number designated for “evaluation purposes” or other similar designation (such as software or a serial number supplied as “EVAL” under a separate agreement) (“Trial Product”) may be installed and used across the enterprise and on Compatible Computers during the License Term for demonstration, evaluation, and training purposes only, and only if any Output Files or other materials produced through such use are used only for internal, non-commercial, and non-production purposes. THE TRIAL PRODUCT IS PROVIDED “AS IS”. ACCESS TO AND USE OF ANY OUTPUT FILES CREATED WITH SUCH TRIAL PRODUCT IS ENTIRELY AT CUSTOMER’S OWN RISK.

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2.2.2 Subscription License. Customer will install and use this license across a designated number of PERMITTED USERS for the agreed “subscription period as defined in Section 2.1.2.

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2.2.3 Enterprise Site License: For the Product available as an Enterprise Site License and purchased on a subscription-basis, Customer may install and use this License cross the enterprise with an unlimited number of users during the License Term. Customer agrees that Canvas may change the type of Product (such as specific components, versions, platforms, languages, etc.) included in the Enterprise Site License at any time and shall not be liable to Customer whatsoever for such change. Ongoing access to an Enterprise Site License requires: (a) a recurring Internet connection to activate, renew, and validate the license, (b) Canvas or its authorized reseller’s receipt of recurring subscription payments, and (c) Customer’s agreement to subscription terms and other additional terms and conditions or at the time of purchase. If Canvas does not receive the recurring subscription payment or cannot validate the license periodically, then the Product may become inactive without additional notice until Canvas receives the payment or validates the license.

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3. Restrictions

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3.1 The assignment, sublicense, networking, sale, or distribution of copies of this Product is strictly forbidden without the prior written consent of Canvas. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the Use of this Software. Customer may not make copies of the Product unless authorized herein. Customer should be aware that it is unlawful to copy, reproduce, or transmit any part of the Product in any form or by any means (including translation to another language, computer language, or format).

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3.2 Customer is not permitted to give, lend, distribute, or offer for sale your Product serial number.

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3.3 Customer agrees not to, modify, reverse engineer, disassemble or decompile this software or Clip Art. Customer shall not create any derivative works or other works that are based upon or derived from this Product in whole or in part.

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3.4 Customer shall Use this Product in compliance with all applicable laws and not for any unlawful purpose.

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3.5 Customer agrees not to export or re-export the Product except in compliance with international trade laws, the export laws of any country where this Product is used and the United States Department of Commerce Bureau of Industry and Security Export Administration Regulations (EAR), including but not limited to compliance with EAR restrictions on export or re-export of the Product: to an embargoed country; to individuals and organizations prohibited from receiving US exports; or, in support of a prohibited end use.

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3.6 Customer agrees not to resell, sublicense or otherwise distribute the Clip Art contents, whether alone or as part of another collection, whether as computer images, printed images or any other medium. These restrictions apply to modifications of the Clip Art, whether or not they constitute derivative works under applicable copyright laws, as well as to the original Clip Art.

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3.7 The components of the Product are licensed as a single unit, and Customer may not separate or virtualize the components and install them on different Computers. This license is for direct Use of the Product only through the input mechanisms of a Computer, such as a keyboard, mouse, or touchscreen.

3.8 Upon request by Canvas, Customer agrees to give Canvas access to Customer’s premises during regular business hours solely for the purpose of ensuring compliance with this Agreement.

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4. Registration.

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The email addresses that You provide when Canvas sets up your trial or subscription will be automatically registered to use the Product.

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5. Product Updates.

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Canvas reserves the right to revise the Product without obligation to notify any person of such revision. Canvas may from time to time, at its own discretion, provide Customer with updates to the Product. Canvas reserves the right to provide these updates for a fee. Customer may refuse to accept the updates.

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6. Ownership.

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Canvas’ name, trademarks, logo and graphics file that represents this Product shall not be used in any way to promote products developed with this Product. This Product contains copyrighted material, trade secrets and other proprietary material. Customer will not deliver, disclose, or convey to any third party, either directly or indirectly, the contents of this Product. Customer agrees not to, modify, reverse engineer, disassemble or decompile this Product or alter or remove any proprietary rights or copyrights notice or identification which indicates Canvas’ ownership of this Product. Customer shall not create any derivative works or other works that are based upon or derived from this Product in whole or in part. Canvas retains sole and exclusive ownership of all right, title and interest in and to this Product and all intellectual property rights relating thereto. This Product is protected without limitation by Canadian and United States copyright law and international copyright treaty provisions. All rights not expressly granted hereunder are reserved for Canvas.

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7. Limited Warranty and Disclaimer.

‍

Customer hereby acknowledges that Customer is solely responsible for selecting and installing the Product and that the Product may not satisfy all your requirements or be free from defects. Canvas specifically does not warrant that the Product will operate uninterrupted or error free. THE PRODUCT IS PROVIDED ‘AS IS’ WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION BY Canvas OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Canvas OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SUPPLIERS OR DISTRIBUTORS WILL CREATE A WARRANTY. Canvas DOES NOT WARRANT, GUARANTEE OR MAKE REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE OF THE PRODUCT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. IF SUCH DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH IMPLIED WARRANTIES OR CONDITIONS IS LIMITED TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CUSTOMER.

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8. Indemnity.

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Customer will indemnify, hold harmless, and defend Canvas, its employees, agents and distributors against any and all claims, actions, proceedings, demands and costs resulting from or in any way connected with Your use of this Product.

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9. Limitation of Liability.

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IN NO EVENT WILL CANVAS BE LIABLE ON ANY THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY DAMAGES WHICH EXCEED, IN THE AGGREGATE, THE LESSER OF (A) THE PURCHASE PRICE OF THE PRODUCT, (B) THE AMOUNT PAID BY CUSTOMER AND (C) THE SUGGESTED RETAIL PRICE AS LISTED BY CANVAS). IN NO EVENT WILL CANVAS, ITS EMPLOYEES, AGENTS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, AGGRAVATED OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, IN CONNECTION WITH OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PRODUCT OR THE FURNISHING, USE OR INABILITY TO USE THIS PRODUCT, OR THE PROVISION OR PERFORMANCE OR USE OF ANY SERVICES UNDER THIS AGREEMENT, SUCH EXCLUDED DAMAGES INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOSS OF DATA OR INFORMATION, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS OR LOSS OF GOODWILL, EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. CANVAS IS NOT LIABLE FOR ANY CLAIMS MADE THE SUBJECT OF A LEGAL PROCEEDING AGAINST Canvas MORE THAN TWO YEARS AFTER ANY SUCH CLAIM FIRST AROSE.

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10. Other Rights and Limitations.

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Consent to Use of Data. Agree that Canvas may collect and use information gathered in any manner as part of the product services provided to Customer, if any, related to this Product. This information may include, but is not limited to, information about the Product including details of platform version, version of the Product, license status, language, usage, cloud storage, and database. Various hardware parameters may also be collected. With Customer prior consent, Canvas may also use this information to provide notices to the Customer which may be of use or interest to Customer. Customer can elect to not receive any further notices by selecting the “unsubscribe or change your preferences” link that is included in email the Customer receives. The “unsubscribe or change your preferences” link will allow the Customer to visit our preference center which lists the publications Customer are subscribed to and allows Customer to unsubscribe or change your preferences (Customer can log-in to the preference center once Customer has submitted their e-mail address to Canvas and it has been processed).The Product contains components that enable and facilitate the use of certain Internet-based services. Customers are not obligated to download any upgrades or fixes to this Product that are provided by Canvas. To review Canvas privacy policy, please click here.

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11. U.S. Government Rights.

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The Product is "Restricted Computer Software”. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software - Restricted Rights clause at 48 CFR 52.27-19, as applicable. The manufacturer is Canvas GFX, Inc.

‍

Software is a "commercial item" as such term is defined in 48 C.F.R. 12.101 (Oct 1995), consisting of "commercial computer software" and "commercial computer software documentation", as such terms are used in 48 C.F. 12.212 (Sept 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, U.S. Government end users acquire the Software with only those rights set forth in this section.

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U.S. GOVERNMENT RIGHTS Programs, software, databases, and related documentation and technical data delivered to U.S. Government customers are "commercial computer software" or "commercial technical data" pursuant to the applicable Federal Acquisition Regulation and agency-specific supplemental regulations.

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12. General

‍

12.1 This Agreement is governed by and construed in accordance with the laws of the State of Florida and the laws of United States of America applicable therein excluding application of any conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Customer hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Florida USA, and any competent courts of appeal therefrom.

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12.2 Termination. Any failure by the Customer to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this Agreement including the license hereunder. Upon termination of this Agreement for any reason, the Customer agrees to immediately cease Use of this Product and destroy all copies of this Product.  The rights and obligations in this EULA and such other provisions which by their nature may be expected to remain in force, shall survive the expiration or termination of this Agreement.

12.3 No failure or delay in enforcing any right or exercising will be deemed a waiver of any right or remedy.

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12.4 If any provision of this Agreement is unenforceable or invalid for any reason whatever, such unenforceability or invalidity shall not affect the enforceability or validity of the remaining provisions of this Agreement and such provision shall be severable from the remainder of this Agreement.

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12.5 This Agreement constitutes the entire agreement between the Customer and Canvas with respect to the subject matter hereof and supersedes all prior and contemporaneous proposals, agreements, understandings, representations and communications, whether oral or written.

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12.6 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

12.7 The English version of this Agreement shall be used for interpreting and construing the meanings of any provisions herein.

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13. Third Party Software Licenses

‍

The Product also contains software of Canvas GFX, Inc. and its suppliers and contains some or all of the software of other third parties which is listed and used in accordance with the notices reproduced below:

‍

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

‍

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of Google Inc. nor the name Chromium Embedded Framework nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

‍

THIS PRODUCT IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

‍

Permission is hereby granted, free of charge, to any person obtaining a copy of the Unicode data files and any associated documentation (the "Data Files") or Unicode software and any associated documentation (the "Software") to deal in the Data Files or Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, and/or sell copies of the Data Files or Software, and to permit persons to whom the Data Files or Software are furnished to do so, provided that either

‍

(a) this copyright and permission notice appear with all copies of the Data Files or Software, or (b) this copyright and permission notice appear in associated Documentation.

‍

THE DATA FILES AND SOFTWARE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE DATA FILES OR SOFTWARE.

‍

Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in these Data Files or Software without prior written authorization of the copyright holder.

‍

This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, to the extent permitted by law; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.

‍

13.9 Little CMS color management code that is owned and copyrighted by Marti Maria.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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13.10 LibHnj a library for high quality hyphenation and justification. Copyright © 1998 Raph Levien, © 2001 ALTLinux, Moscow (https://www.altlinux.org), © 2001 Peter Novodvorsky (nidd@cs.msu.su), © 2006, 2007, 2008, 2010 László Németh (nemeth at OOo). This library is free software; Customer can redistribute it and/or modify it under the terms of the GNU Library General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version. This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Library General Public License for more details. Customer can obtain a copy of the GNU Library General Public License at https://www.gnu.org/licenses/lgpl.html or Customer can write to the Free Software Foundation, Inc., 59 Temple Place - Suite 330, Boston, MA 02111-1307 USA.

‍

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

‍

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

‍

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, XPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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13.12 QR code generating libqrencode library is Copyright © 2006-2012 Kentaro Fukuchi and is licensed under the terms of the GNU Lesser General Public License (GPLv3) as published by the Free Software Foundation. This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Lesser General Public License for more details.

‍

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

‍

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

‍

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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13.14 Rx v2. Copyright © Microsoft Open Technologies, Inc. All rights reserved. Microsoft Open Technologies would like to thank its contributors, a list of whom are at http://rx.codeplex.com/wikipage?title=Contributors.

‍

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at

‍

http://www.apache.org/licenses/LICENSE-2.0

‍

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

‍

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

‍

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of SharpVectorGraphics nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

‍

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

13.16 Snappy compression/decompression library v.1.1.3. Copyright © 2011, Google Inc. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

‍

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of Google Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

‍

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

‍

13.17 Techsoft 3D Software Hoops Copyright © 2020 by Tech Soft 3D Inc. HOOPs software powers high performance 3D graphics for desktop, web and mobile. It also handles fast and accurate CAD data translation and 3D data publishing.

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13.19 TinyXML-2 is licensed under the zlib license. This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.

‍

Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:

‍

The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
This notice may not be removed or altered from any source distribution.

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13.20 zlib general purpose compression library v.1.2.8 Copyright © 1995-2014 Jean-loup Gailly and Mark Adler.  This software is provided 'as-is', without any express or implied   warranty.  In no event will the authors be held liable for any damages arising from the use of this software. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:

‍

The origin of this software must not be misrepresented; Customer must not claim that the Customer wrote the original software. If the Customers’ use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
Altered source versions must be plainly marked as such and must not be misrepresented as being the original software.
This notice may not be removed or altered from any source distribution.

Jean-Loup Gailly (jloup@gzip.org) Mark Adler (madler@alumni.caltech.edu)

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14. Copyright and Trademark Notices.

‍

14.2 CANVAS, CANVAS ENVISION, CANVAS X, CANVAS DRAW, and their logos are trademarks of Canvas GFX, Inc. and may be registered in certain jurisdictions.

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14.3 Adobe, Acrobat, Illustrator, Photoshop, and PostScript are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.

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14.4 Apple, Macintosh, Mac OS, and TrueType are trademarks of Apple Inc., registered in the U.S. and other countries.

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14.5 AutoCAD is a registered trademark of Autodesk, Inc.

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14.6 Windows and Windows logo are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.

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14.7 DWG is the native file format for Autodesk’s AutoCAD® software and is a trademark of Autodesk, Inc.

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14.8 DWF and DXF are trademarks of Autodesk, Inc.

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14.9 QR Code is a registered trademark of DENSO WAVE INCORPORATED in JAPAN and other countries.

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14.10 All other marks, products and company names are the property of their respective owners.

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15. Third Party Websites, Services and Software

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The Product may contain links to other websites, services or software provided by third parties (“Third-Party Content”). Links from Canvas software to Third-Party Content are provided for Customer convenience only and are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Canvas and Canvas is not responsible for any Third-Party Content accessed through Canvas software, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Content does not imply approval or endorsement thereof by Canvas. If Customer decides to access or install the Third-Party Content, Customers do so at your own risk. Customer should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content Customers navigate from the Canvas Software or relating to any Third-Party Content Customers use or install. Canvas reserves the right to change, modify or delete links to Third-Party Content without notice.

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Canvas X Pro, Canvas X Geo, Canvas X Draw Support Policy

Canvas GFX (Canvas™) provides a range of free support services so you can get all the help you need online. Find Product Support information for your Canvas application: Product Support and knowledge base. These support resources are easy to navigate and available 24/7.

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Person-to-person support is available for registered users only of supported applications installed on supported operating systems. Please have your CanvasID and license number on hand when you contact us and reference it in all your correspondence. Canvas formally supports the current version of our products. Any application defects needing immediate correction will be addressed with a minor update to the current version.

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Windows OS and macOS installed on unsupported hardware through 3rd party utilities may not run Canvas applications and are not tested or supported by Canvas GFX.

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Liability Statement

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If you request the customer support staff from Canvas to assist you in diagnosing and correcting a problem that is perceived to be related to the software purchased from Canvas or one of its affiliated partners, you agree that Canvas is not liable for any damage to your equipment, photos, or software on your computer as a result of providing that support (either directly or through actions taken by you that are attributable to advice provided by Canvas). You further agree that in the course of providing this customer support, should Canvas become witness to any materials that constitute or encourages conduct that could constitute a criminal offense, or is otherwise unlawful, Canvas may without further recourse report such incident to the appropriate authorities.

Canvas Envision End User Software License Agreement (EULA)

PLEASE READ THIS AGREEMENT CAREFULLY. This End User License Agreement (EULA) between YOU and Canvas covers YOUR use of Canvas Software and Cloud Services (PRODUCT). CANVAS GFX INC (CANVAS) LICENSE THIS PROGRAM, TOOL, PLUG-IN, ADD-ON, UTILITY APPLICATION, LIBRARY, BOOK, CONTENT, SOLUTION, SERVICE OR OTHER MATERIAL (THE “PRODUCT”) TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THIS AGREEMENT (“AGREEMENT) THE CUSTOMER AGREES THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY CUSTOMER. THIS AGREEMENT IS ENFORCEABLE AGAINST CUSTOMER. IF CUSTOMER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, CUSTOMER MAY NOT USE THE PRODUCT.

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Customer may have another written agreement directly with Canvas GFX (e.g., a master services license agreement) that supplements or supersedes all or portions of this agreement. The Product is LICENSED, NOT SOLD, only in accordance with the terms of this agreement.

‍

The Product may cause Customer’s Computer to AUTOMATICALLY CONNECT TO THE INTERNET. The Product may also require activation or registration.

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1.0 Definitions.
‍

1.1 “Canvas” means Canvas GFX, Inc., a Florida Corporation.

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1.2 “Compatible Computer” means a Computer with the recommended operating system and hardware configuration as stated in the Documentation.

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1.3 “Computer” means a virtual or physical device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions, including without limitation desktop computers, laptops, tablets, mobile devices, telecommunication devices, Internet-connected devices, and hardware products capable of operating a wide variety of productivity, entertainment, or other software applications.

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1.4 “Customer” means you and any legal entity that obtained the Product, and, on whose behalf, it is used; for example, and as applicable, your employer.

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1.5 “Internal Network” means a private, proprietary network resource accessible only by employees and individual contractors (i.e., temporary employees) of a specific corporation or similar business entity. Internal Network does not include portions of the Internet or any other network community open to the public, such as membership or subscription driven groups, associations, and similar organizations.

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1.6 “Output File” means an output file Customer creates with the software.

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1.7 “Product” means (a) all of the information with which this agreement is provided, including but not limited to: (i) all software files and other computer information; (ii) any proprietary scripting logic and/or API’s embedded within exported file formats; (iii) sample and stock photographs, images, sounds, clip art and other artistic works bundled with Canvas software or made available by Canvas on Canvas’ website for use with the Canvas software and not obtained from Canvas through a separate service (unless otherwise noted within that service) or from another party (“Content Files”); (iv) related explanatory written materials and files (“Documentation”); and (b) any modified versions and copies of, and upgrades, updates, and additions to, such information, provided to Customer by Canvas at any time, to the extent not provided under separate terms (collectively, “Updates”)and (v) tools, plug-in, add-ons, (vi) cloud services.

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1.8 “Backup Copy” means one non-transferable copy of the “Software” created for archival purposes only that is not installed or Used on a Device except for back-up use during emergency situations.

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1.9 “Clip Art” means all art, symbols, templates, and photos included in this package.

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1.10 “Use” of this Product means that Customer has loaded, installed, or run this Software on a Computer.

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2. Software License
‍

2.1.1 License Grant. Subject to the terms and conditions of this Agreement, payment of the applicable license fees (the “Subscription Fee”) and conditioned on your continuous compliance with all license limitations and restrictions described in this Agreement, Canvas grants You a non-exclusive, non-transferable (a) license to use the Product; and (b) right to use the Envision Cloud Services. The Product can be obtained from Canvas directly or through a Canvas’ authorized reseller. The license is or your internal business purposes only and remains active during the set subscription period (the “Subscription Period”) for the number of users for which the corresponding fee has been paid (the Permitted Number”) This agreement will also govern any upgrades to the Product provided by Canvas that replace and/or supplement the original Product, unless such upgrades are accompanied by a separate license in which case the terms of that license will govern.

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2.1.2 Subscription Period: The Subscription Period for the Product will begin on the day you order the Product and end one year or in the specified period thereafter. You agree to pay the Subscription Fee for the Subscription Period. Your subscription to the Product will automatically renew for a new Subscription Period upon your payment of the new subscription fee. Canvas reserves the right to change the Subscription Fee for any renewal Subscription Periods. Each new Subscription Period will be subject to the same terms and conditions set forth in this Agreement, which may be updated by Canvas from time to time. The license granted herein is supplemented by specific provisions in Section 13 as related to the use of certain applicable third party software products and components that may be included in the Product such as Clip Art, manuals, other related documentation programs that accompanies this Agreement and any available software user manuals, reference manuals and installation guides or portions thereof, either in electronic or printed form, in any media whatsoever as well as all future related updates supplied by Canvas. Updates to the terms of this Agreement can be found on your customer portal or on the website.

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2.1.3 End of Subscription Period. You agree that Canvas may disable the Product, at the end of the Subscription Period if you have not paid the Subscription Fee to renew your subscription to the Product. The Customer may not use the Product unless the Customer has renewed the license.

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2.1.4 Maintenance. Standard Maintenance and support are included with your Subscription Fee. Canvas will make reasonable efforts to notify you when updates to the Product are available in your customer portal or the Product. Updates are also available upon request (when applicable). It is your responsibility to download the updates. Support will be provided according to the terms of Canvas’ current Enterprise Support Agreement found at http://www.canvasgfx.com.

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Installation and Use. Customer is responsible for installation of the Product. Customer shall not allow others outside of their enterprise to Use, copy or evaluate copies of this Product unless there is prior agreement from Canvas GFX.

‍

2.1.5 Activation of Product. Customer may be required to activate the Product through the Internet. There are technological measures within the software that are designed to prevent unlicensed use of the software. Canvas will use those measures to confirm the Customer has a valid licensed copy of the software. Canvas will not collect any personally identifiable information from the Customer’s Computer.

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2.1.6 Backup Copy. Customer may make one copy of the software in machine-readable form for archival backup purposes only. As an express condition of this permitted Use, Customer must reproduce on each backup copy any copyright notice or other proprietary notice that is on the original copy supplied by Canvas. This license is not transferable and cannot be sublicensed without the written consent of Canvas.

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2.1.7 Customer has the right to use, modify, and include Clip Art as illustrative or decorative material that is included as part of a total original graphic of your own design for use in print, film or computer media communications.

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2.1.8 Distribution from a Server. As permitted by the Documentation, Customer may copy an image of the software onto a Computer file server within Customer’s Internal Network (“Server”) for the purpose of downloading and installing the software onto Computers within the same Internal Network for use only as permitted by this Section 2.

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2.1.9 Transfer. Unless otherwise authorized herein, this Product and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale transferred or sub-licensed in whole or in part.

‍

2.2. License Types.
‍

2.2.1 Trial License. The Product, or portions of the Product, that are provided with a serial number designated for “evaluation purposes” or other similar designation (such as software or a serial number supplied as “EVAL” under a separate agreement) (“Trial Product”) may be installed and used across the enterprise and on Compatible Computers during the License Term for demonstration, evaluation, and training purposes only, and only if any Output Files or other materials produced through such use are used only for internal, non-commercial, and non-production purposes. THE TRIAL PRODUCT IS PROVIDED “AS IS”. ACCESS TO AND USE OF ANY OUTPUT FILES CREATED WITH SUCH TRIAL PRODUCT IS ENTIRELY AT CUSTOMER’S OWN RISK.

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2.2.2 Subscription License. Customer will install and use this license across a designated number of PERMITTED USERS for the agreed “subscription period as defined in Section 2.1.2.

‍

2.2.3 Enterprise Site License: For the Product available as an Enterprise Site License and purchased on a subscription-basis, Customer may install and use this License cross the enterprise with an unlimited number of users during the License Term. Customer agrees that Canvas may change the type of Product (such as specific components, versions, platforms, languages, etc.) included in the Enterprise Site License at any time and shall not be liable to Customer whatsoever for such change. Ongoing access to an Enterprise Site License requires: (a) a recurring Internet connection to activate, renew, and validate the license, (b) Canvas or its authorized reseller’s receipt of recurring subscription payments, and (c) Customer’s agreement to subscription terms and other additional terms and conditions or at the time of purchase. If Canvas does not receive the recurring subscription payment or cannot validate the license periodically, then the Product may become inactive without additional notice until Canvas receives the payment or validates the license.

‍

3. Restrictions
‍

3.1 The assignment, sublicense, networking, sale, or distribution of copies of this Product is strictly forbidden without the prior written consent of Canvas. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the Use of this Software. Customer may not make copies of the Product unless authorized herein. Customer should be aware that it is unlawful to copy, reproduce, or transmit any part of the Product in any form or by any means (including translation to another language, computer language, or format).

‍

3.2 Customer is not permitted to give, lend, distribute, or offer for sale your Product serial number.

‍

3.3 Customer agrees not to, modify, reverse engineer, disassemble or decompile this software or Clip Art. Customer shall not create any derivative works or other works that are based upon or derived from this Product in whole or in part.

‍

3.4 Customer shall Use this Product in compliance with all applicable laws and not for any unlawful purpose.

‍

3.5 Customer agrees not to export or re-export the Product except in compliance with international trade laws, the export laws of any country where this Product is used and the United States Department of Commerce Bureau of Industry and Security Export Administration Regulations (EAR), including but not limited to compliance with EAR restrictions on export or re-export of the Product: to an embargoed country; to individuals and organizations prohibited from receiving US exports; or, in support of a prohibited end use.

‍

3.6 Customer agrees not to resell, sublicense or otherwise distribute the Clip Art contents, whether alone or as part of another collection, whether as computer images, printed images or any other medium. These restrictions apply to modifications of the Clip Art, whether or not they constitute derivative works under applicable copyright laws, as well as to the original Clip Art.

‍

3.7 The components of the Product are licensed as a single unit, and Customer may not separate or virtualize the components and install them on different Computers. This license is for direct Use of the Product only through the input mechanisms of a Computer, such as a keyboard, mouse, or touchscreen.

‍

3.8 Upon request by Canvas, Customer agrees to give Canvas access to Customer’s premises during regular business hours solely for the purpose of ensuring compliance with this Agreement.

‍

4. Registration.
‍

The email addresses that You provide when Canvas sets up your trial or subscription will be automatically registered to use the Product.

‍

5. Product Updates.
‍

Canvas reserves the right to revise the Product without obligation to notify any person of such revision. Canvas may from time to time, at its own discretion, provide Customer with updates to the Product. Canvas reserves the right to provide these updates for a fee. Customer may refuse to accept the updates.

‍

6. Ownership.
‍

Canvas’ name, trademarks, logo and graphics file that represents this Product shall not be used in any way to promote products developed with this Product. This Product contains copyrighted material, trade secrets and other proprietary material. Customer will not deliver, disclose, or convey to any third party, either directly or indirectly, the contents of this Product. Customer agrees not to, modify, reverse engineer, disassemble or decompile this Product or alter or remove any proprietary rights or copyrights notice or identification which indicates Canvas’ ownership of this Product. Customer shall not create any derivative works or other works that are based upon or derived from this Product in whole or in part. Canvas retains sole and exclusive ownership of all right, title and interest in and to this Product and all intellectual property rights relating thereto. This Product is protected without limitation by Canadian and United States copyright law and international copyright treaty provisions. All rights not expressly granted hereunder are reserved for Canvas.

‍

7. Limited Warranty and Disclaimer.
‍

Customer hereby acknowledges that Customer is solely responsible for selecting and installing the Product and that the Product may not satisfy all your requirements or be free from defects. Canvas specifically does not warrant that the Product will operate uninterrupted or error free. THE PRODUCT IS PROVIDED ‘AS IS’ WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION BY Canvas OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Canvas OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SUPPLIERS OR DISTRIBUTORS WILL CREATE A WARRANTY. Canvas DOES NOT WARRANT, GUARANTEE OR MAKE REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE OF THE PRODUCT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. IF SUCH DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH IMPLIED WARRANTIES OR CONDITIONS IS LIMITED TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CUSTOMER.

‍

8. Indemnity.

Customer will indemnify, hold harmless, and defend Canvas, its employees, agents and distributors against any and all claims, actions, proceedings, demands and costs resulting from or in any way connected with Your use of this Product.

‍

9. Limitation of Liability.
‍

IN NO EVENT WILL CANVAS BE LIABLE ON ANY THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY DAMAGES WHICH EXCEED, IN THE AGGREGATE, THE LESSER OF (A) THE PURCHASE PRICE OF THE PRODUCT, (B) THE AMOUNT PAID BY CUSTOMER AND (C) THE SUGGESTED RETAIL PRICE AS LISTED BY CANVAS). IN NO EVENT WILL CANVAS, ITS EMPLOYEES, AGENTS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, AGGRAVATED OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, IN CONNECTION WITH OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PRODUCT OR THE FURNISHING, USE OR INABILITY TO USE THIS PRODUCT, OR THE PROVISION OR PERFORMANCE OR USE OF ANY SERVICES UNDER THIS AGREEMENT, SUCH EXCLUDED DAMAGES INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOSS OF DATA OR INFORMATION, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS OR LOSS OF GOODWILL, EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. CANVAS IS NOT LIABLE FOR ANY CLAIMS MADE THE SUBJECT OF A LEGAL PROCEEDING AGAINST Canvas MORE THAN TWO YEARS AFTER ANY SUCH CLAIM FIRST AROSE.

‍

10. Other Rights and Limitations.
‍

Consent to Use of Data. Agree that Canvas may collect and use information gathered in any manner as part of the product services provided to Customer, if any, related to this Product. This information may include, but is not limited to, information about the Product including details of platform version, version of the Product, license status, language, usage, cloud storage, and database. Various hardware parameters may also be collected. With Customer prior consent, Canvas may also use this information to provide notices to the Customer which may be of use or interest to Customer. Customer can elect to not receive any further notices by selecting the “unsubscribe or change your preferences” link that is included in email the Customer receives. The “unsubscribe or change your preferences” link will allow the Customer to visit our preference center which lists the publications Customer are subscribed to and allows Customer to unsubscribe or change your preferences (Customer can log-in to the preference center once Customer has submitted their e-mail address to Canvas and it has been processed).The Product contains components that enable and facilitate the use of certain Internet-based services. Customers are not obligated to download any upgrades or fixes to this Product that are provided by Canvas. To review Canvas privacy policy, please visit: https://www.canvasgfx.com/en/prvacy-policy/.

‍

11. U.S. Government Rights.
‍

The Product is "Restricted Computer Software”. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software - Restricted Rights clause at 48 CFR 52.27-19, as applicable. The manufacturer is Canvas GFX, Inc.

‍

Software is a "commercial item" as such term is defined in 48 C.F.R. 12.101 (Oct 1995), consisting of "commercial computer software" and "commercial computer software documentation", as such terms are used in 48 C.F. 12.212 (Sept 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, U.S. Government end users acquire the Software with only those rights set forth in this section.

‍

U.S. GOVERNMENT RIGHTS Programs, software, databases, and related documentation and technical data delivered to U.S. Government customers are "commercial computer software" or "commercial technical data" pursuant to the applicable Federal Acquisition Regulation and agency-specific supplemental regulations.

‍

12. General
‍

12.1 This Agreement is governed by and construed in accordance with the laws of the State of Florida and the laws of United States of America applicable therein excluding application of any conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Customer hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Florida USA, and any competent courts of appeal therefrom.

‍

12.2 Termination. Any failure by the Customer to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this Agreement including the license hereunder. Upon termination of this Agreement for any reason, the Customer agrees to immediately cease Use of this Product and destroy all copies of this Product. The rights and obligations in this EULA and such other provisions which by their nature may be expected to remain in force, shall survive the expiration or termination of this Agreement.

‍

12.3 No failure or delay in enforcing any right or exercising will be deemed a waiver of any right or remedy.

‍

12.4 If any provision of this Agreement is unenforceable or invalid for any reason whatever, such unenforceability or invalidity shall not affect the enforceability or validity of the remaining provisions of this Agreement and such provision shall be severable from the remainder of this Agreement.

‍

12.5 This Agreement constitutes the entire agreement between the Customer and Canvas with respect to the subject matter hereof and supersedes all prior and contemporaneous proposals, agreements, understandings, representations and communications, whether oral or written.

‍

12.6 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

‍

12.7 The English version of this Agreement shall be used for interpreting and construing the meanings of any provisions herein.

‍

13. Third Party Software Licenses
‍

The Product also contains software of Canvas GFX, Inc. and its suppliers and contains some or all of the software of other third parties which is listed and used in accordance with the notices reproduced below:

‍

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

‍

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of Google Inc. nor the name Chromium Embedded Framework nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

‍

THIS PRODUCT IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

‍

Permission is hereby granted, free of charge, to any person obtaining a copy of the Unicode data files and any associated documentation (the "Data Files") or Unicode software and any associated documentation (the "Software") to deal in the Data Files or Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, and/or sell copies of the Data Files or Software, and to permit persons to whom the Data Files or Software are furnished to do so, provided that either

‍

(a) this copyright and permission notice appear with all copies of the Data Files or Software, or (b) this copyright and permission notice appear in associated Documentation.

‍

THE DATA FILES AND SOFTWARE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE DATA FILES OR SOFTWARE.

‍

Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in these Data Files or Software without prior written authorization of the copyright holder.

‍

This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, to the extent permitted by law; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.

‍

13.9 Little CMS color management code that is owned and copyrighted by Marti Maria.

‍

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

‍

13.10 LibHnj a library for high quality hyphenation and justification. Copyright © 1998 Raph Levien, © 2001 ALTLinux, Moscow (https://www.altlinux.org), © 2001 Peter Novodvorsky (nidd@cs.msu.su), © 2006, 2007, 2008, 2010 László Németh (nemeth at OOo). This library is free software; Customer can redistribute it and/or modify it under the terms of the GNU Library General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version. This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Library General Public License for more details. Customer can obtain a copy of the GNU Library General Public License at https://www.gnu.org/licenses/lgpl.html or Customer can write to the Free Software Foundation, Inc., 59 Temple Place - Suite 330, Boston, MA 02111-1307 USA.

‍

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

‍

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

‍

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, XPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

‍

13.12 QR code generating libqrencode library is Copyright © 2006-2012 Kentaro Fukuchi and is licensed under the terms of the GNU Lesser General Public License (GPLv3) as published by the Free Software Foundation. This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Lesser General Public License for more details.

‍

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

‍

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

‍

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

‍

13.14 Rx v2. Copyright © Microsoft Open Technologies, Inc. All rights reserved. Microsoft Open Technologies would like to thank its contributors, a list of whom are at http://rx.codeplex.com/wikipage?title=Contributors.

‍

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

‍

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

‍

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

‍

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of SharpVectorGraphics nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

‍

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

‍

13.16 Snappy compression/decompression library v.1.1.3. Copyright © 2011, Google Inc. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

‍

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of Google Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

‍

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

‍

13.17 Techsoft 3D Software Hoops Copyright © 2020 by Tech Soft 3D Inc. HOOPs software powers high performance 3D graphics for desktop, web and mobile. It also handles fast and accurate CAD data translation and 3D data publishing.

‍

13.19 TinyXML-2 is licensed under the zlib license. This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.

‍

Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:

‍

The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
This notice may not be removed or altered from any source distribution.

‍

13.20 zlib general purpose compression library v.1.2.8 Copyright © 1995-2014 Jean-loup Gailly and Mark Adler. This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:

‍

The origin of this software must not be misrepresented; Customer must not claim that the Customer wrote the original software. If the Customers’ use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
Altered source versions must be plainly marked as such and must not be misrepresented as being the original software.
This notice may not be removed or altered from any source distribution.

Jean-Loup Gailly (jloup@gzip.org) Mark Adler (madler@alumni.caltech.edu)

‍

14. Copyright and Trademark Notices.
‍

‍

14.2 CANVAS, CANVAS ENVISION, CANVAS X, CANVAS DRAW, and their logos are trademarks of Canvas GFX, Inc. and may be registered in certain jurisdictions.

‍

14.3 Adobe, Acrobat, Illustrator, Photoshop, and PostScript are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.

‍

14.4 Apple, Macintosh, Mac OS, and TrueType are trademarks of Apple Inc., registered in the U.S. and other countries.

‍

14.5 AutoCAD is a registered trademark of Autodesk, Inc.

‍

14.6 Windows and Windows logo are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.

‍

14.7 DWG is the native file format for Autodesk’s AutoCAD® software and is a trademark of Autodesk, Inc.

‍

14.8 DWF and DXF are trademarks of Autodesk, Inc.

‍

14.9 QR Code is a registered trademark of DENSO WAVE INCORPORATED in JAPAN and other countries.

‍

14.10 All other marks, products and company names are the property of their respective owners.

‍

15. Third Party Websites, Services and Software
‍

The Product may contain links to other websites, services or software provided by third parties (“Third-Party Content”). Links from Canvas software to Third-Party Content are provided for Customer convenience only and are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Canvas and Canvas is not responsible for any Third-Party Content accessed through Canvas software, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Content does not imply approval or endorsement thereof by Canvas. If Customer decides to access or install the Third-Party Content, Customers do so at your own risk. Customer should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content Customers navigate from the Canvas Software or relating to any Third-Party Content Customers use or install. Canvas reserves the right to change, modify or delete links to Third-Party Content without notice.

‍

CANVAS ENVISION EULA July 27, 2021

Canvas X, Canvas X Geo, and Canvas X3 End User Software License Agreement (EULA)

PLEASE READ THIS AGREEMENT CAREFULLY. BY COPYING, INSTALLING, OR USING ALL OR ANY PORTION OF THIS SOFTWARE, YOU (HEREINAFTER “CUSTOMER”) ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE PROVISIONS ON LICENSE RESTRICTIONS IN SECTION 3, LIMITED WARRANTY IN SECTIONS 7 AND 8, LIMITATION OF LIABILITY IN SECTION 9, AND SPECIFIC PROVISIONS AND EXCEPTIONS IN SECTION 13. CUSTOMER AGREES THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY CUSTOMER. THIS AGREEMENT IS ENFORCEABLE AGAINST CUSTOMER. IF CUSTOMER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, CUSTOMER MAY NOT USE THE SOFTWARE.

‍

Customer may have another written agreement directly with Canvas GFX (e.g., a master services license agreement) that supplements or supersedes all or portions of this agreement. The Software is LICENSED, NOT SOLD, only in accordance with the terms of this agreement.

‍

The Software may cause Customer’s Computer to AUTOMATICALLY CONNECT TO THE INTERNET. The Software may also require activation or registration. Additional information on activation, Internet connectivity, and privacy is available in Sections 4 and 10.

‍

1.0 Definitions.
‍

1.1 “CGI” means Canvas GFX, Inc., a Florida Corporation.

‍

1.2 “Compatible Computer” means a Computer with the recommended operating system and hardware configuration as stated in the Documentation.

‍

1.3 “Computer” means a virtual or physical device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions, including without limitation desktop computers, laptops, tablets, mobile devices, telecommunication devices, Internet-connected devices, and hardware products capable of operating a wide variety of productivity, entertainment, or other software applications.

‍

1.4 “Customer” means you and any legal entity that obtained the Software, and, on whose behalf, it is used; for example, and as applicable, your employer.

‍

1.5 “Internal Network” means a private, proprietary network resource accessible only by employees and individual contractors (i.e., temporary employees) of a specific corporation or similar business entity. Internal Network does not include portions of the Internet or any other network community open to the public, such as membership or subscription driven groups, associations, and similar organizations.

‍

1.6 “Output File” means an output file Customer creates with the Software.

‍

1.7 “Permitted Number” means one (1) unless otherwise indicated under a valid license (e.g., volume license agreement or enterprise license agreement) granted by CGI.

‍

1.8 “Software” means (a) all of the information with which this agreement is provided, including but not limited to: (i) all software files and other computer information; (ii) any proprietary scripting logic embedded within exported file formats; (iii) sample and stock photographs, images, sounds, clip art and other artistic works bundled with CGI software or made available by CGI on CGI’s website for use with the CGI software and not obtained from CGI through a separate service (unless otherwise noted within that service) or from another party (“Content Files”); (iv) related explanatory written materials and files (“Documentation”); and (v) fonts; and (b) any modified versions and copies of, and upgrades, updates, and additions to, such information, provided to Customer by CGI at any time, to the extent not provided under separate terms (collectively, “Updates”)

‍

1.9 “Backup Copy” means one non-transferable copy of this Software created for archival purposes only that is not installed or Used on a Device except for back-up use during emergency situations.

‍

1.10 “Clip Art” means all art, symbols, templates, and photos included in this package.

‍

1.11 “Use” of this Software means that Customer has loaded, installed, or run this Software on a Computer

‍

2. Software License
‍

2.1.1 License Grant. Subject to Customer’s continuous compliance with this Agreement and payment of the applicable license fees, CGI grants Customer a non-exclusive and limited license to install and use the Software (a) in the territory or region where the Customer obtains the Software from CGI or CGI’s authorized reseller or as otherwise stated in the Documentation (“Territory”), (b) during the term of such license (“License Term”), (c) within the scope of the License Type and on the Permitted Number of the Customer’s Compatible Computers as specified in the Documentation, and (d) in a manner consistent with the terms of this Agreement and applicable Documentation. Unless otherwise defined in this Agreement, in the applicable Documentation, or at the time of purchase. Upon the expiration or termination of the License Term, some or all of the Software may cease to operate without prior notice. Upon expiration or termination of the License Term, the Customer may not use the Software unless the Customer has renewed the license. The license granted herein is supplemented by specific provisions in Section 13 as related to the use of certain applicable third party software products and components that may be included in the Software such as Fonts, Clip Art, manuals, other related documentation programs that accompanies this Agreement and any available software user manuals, reference manuals and installation guides or portions thereof, either in electronic or printed form, in any media whatsoever as well as all future related updates supplied by CGI.

2.1.2 Installation and Use. Customer is responsible for installation of the of the Software. The license to use this Software is limited to the Permitted Number of licenses purchased by the customer For more information about purchasing additional licenses of this Software please contact an authorized reseller or CGI directly through our online form: https://support.canvasgfx.com/portal/en/kb/canvas-gfx. Customer shall not allow others to Use, copy or evaluate copies of this Software. Others may obtain a copy of this Software from: https://www.canvasgfx.com/.

‍

2.1.3 Activation of Software. Customer may be required to activate the Software through the Internet. There are technological measures within the Software that are designed to prevent unlicensed use of the Software. CGI will use those measures to confirm the Customer has a valid licensed copy of the Software. CGI will not collect any personally identifiable information from the Customer’s Computer.

‍

2.1.4 Backup Copy. Customer may make one copy of the Software in machine-readable form for archival backup purposes only. As an express condition of this permitted Use, Customer must reproduce on each backup copy any copyright notice or other proprietary notice that is on the original copy supplied by CGI. This license is not transferable and cannot be sublicensed without the written consent of CGI.

‍

2.1.5 Customer has the right to use, modify, and include Clip Art as illustrative or decorative material that is included as part of a total original graphic of your own design for use in print, film or computer media communications.

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2.1.6 Distribution from a Server. As permitted by the Documentation, Customer may copy an image of the Software onto a Computer file server within Customer’s Internal Network (“Server”) for the purpose of downloading and installing the Software onto Computers within the same Internal Network for use only as permitted by this Section 2.

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2.1.7 Transfer. Unless otherwise authorized herein, this Software and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale transferred or sub-licensed in whole or in part.

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2.2. License Types.
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2.2.1 Trial Software. The Software, or portions of the Software, that are provided with a serial number designated for “evaluation purposes” or other similar designation (such as Software or a serial number supplied as “EVAL” under a separate agreement) (“Trial Software”) may only be installed and used on Permitted Number of Compatible Computers during the License Term for demonstration, evaluation, and training purposes only, and only if any Output Files or other materials produced through such use are used only for internal, non-commercial, and non-production purposes. THE TRIAL SOFTWARE IS PROVIDED “AS IS”. ACCESS TO AND USE OF ANY OUTPUT FILES CREATED WITH SUCH TRIAL SOFTWARE IS ENTIRELY AT CUSTOMER’S OWN RISK.

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2.2.2 Subscription Edition. For the Software available on a subscription-basis (“Subscription Edition”), Customer may install and use the Subscription Edition only on the Permitted Number of Compatible Computers during the License Term. Subject to the Permitted Number of Computers for the Subscription Edition, CGI may allow the Customer to install and use the most recent prior version of the Subscription Edition and the current version of the Subscription Edition on the same Computer during the License Term. Customer agrees that CGI may change the type of Software (such as specific components, versions, platforms, languages, etc.) included in the Subscription Edition at any time and shall not be liable to Customer whatsoever for such change. Ongoing access to a Subscription Edition requires: (a) a recurring Internet connection to activate, renew, and validate the license, (b) CGI or its authorized reseller’s receipt of recurring subscription payments, and (c) Customer’s agreement to subscription terms and other additional terms and conditions or at the time of purchase. If CGI does not receive the recurring subscription payment or cannot validate the license periodically, then the Software may become inactive without additional notice until CGI receives the payment or validates the license.

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3. Restrictions
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3.1 The assignment, sublicense, networking, sale, or distribution of copies of this Software is strictly forbidden without the prior written consent of CGI. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the Use of this Software. Customer may not make copies of the Software unless authorized herein. Customer should be aware that it is unlawful to copy, reproduce, or transmit any part of the Software in any form or by any means (including translation to another language, computer language, or format).

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3.2 Customer is not permitted to give, lend, distribute, or offer for sale your Software serial number.

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3.3 If Customer installs this Software onto a multi-user platform, server or network, each and every individual user of this Software must be licensed separately or included by a multi-user or site license. Others may not Use or install Customer copy of this Software.

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3.4 Customer agrees not to, modify, reverse engineer, disassemble or decompile this Software or Clip Art. Customer shall not create any derivative works or other works that are based upon or derived from this Software in whole or in part.

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3.5 Customer shall Use this Software in compliance with all applicable laws and not for any unlawful purpose. Each licensed copy of this Software may be used on one Computer.

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3.6 Customer agrees not to export or re-export the Software except in compliance with international trade laws, the export laws of any country where this Software is used and the United States Department of Commerce Bureau of Industry and Security Export Administration Regulations (EAR), including but not limited to compliance with EAR restrictions on export or re-export of the Software: to an embargoed country; to individuals and organizations prohibited from receiving US exports; or, in support of a prohibited end use.

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3.7 Customer agrees not to resell, sublicense or otherwise distribute the Clip Art contents, whether alone or as part of another collection, whether as computer images, printed images or any other medium. These restrictions apply to modifications of the Clip Art, whether or not they constitute derivative works under applicable copyright laws, as well as to the original Clip Art.

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3.8 The components of the Software are licensed as a single unit, and Customer may not separate or virtualize the components and install them on different Computers. This license is for direct Use of the Software only through the input mechanisms of a Computer, such as a keyboard, mouse, or touchscreen. Installation of the software on a server or for Use by or through other Computers connected to the server over an internal or external network and commercial hosting are expressly prohibited.

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3.9 Customer may not use hardware or software to multiplex or pool connections, or in any fashion allow multiple users or multiple Computers to access or Use the Software indirectly through a Computer. Each virtual Computer, and the physical Computer, is considered a separate Computer for purposes of this Agreement. This license allows only one installation of the Software for use on each Computer permitted under the installation and use rights herein, whether that Computer is physical or virtual. If Customer wants to virtualize the Software, Customer must obtain an individual, multi-user, or site license for each Computer.

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3.10 Upon request by CGI, Customer agrees to give CGI access to Customer’s premises during regular business hours solely for the purpose of ensuring compliance with this Agreement.

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4. Registration.
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To register this Software, Customer can do one of the following: 1) complete and mail the printed registration card (if applicable) to CGI; 2) submit the registration information online through the registration screen found within this Software (if applicable); or 3) submit the registration information online through CGI’s Support pages at https://cvidportal.canvasgfx.com/login. As a registered user, Customer will have the option to receive helpful information and special email offers for CGI customers.

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5. Software Updates.
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CGI reserves the right to revise the Software without obligation to notify any person of such revision. CGI may from time to time, at its own discretion, provide Customer with updates to the Software. CGI reserves the right to provide these updates for a fee. Customer may refuse to accept the updates.

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6. Ownership.
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CGI’s name, trademarks, logo and graphics file that represents this Software shall not be used in any way to promote products developed with this Software. This Software contains copyrighted material, trade secrets and other proprietary material. Customer will not deliver, disclose, or convey to any third party, either directly or indirectly, the contents of this Software. Customer agrees not to, modify, reverse engineer, disassemble or decompile this Software or alter or remove any proprietary rights or copyrights notice or identification which indicates CGI’s ownership of this Software. Customer shall not create any derivative works or other works that are based upon or derived from this Software in whole or in part. CGI retains sole and exclusive ownership of all right, title and interest in and to this Software and all intellectual property rights relating thereto. This Software is protected without limitation by Canadian and United States copyright law and international copyright treaty provisions. All rights not expressly granted hereunder are reserved for CGI.

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7. Limited Warranty and Disclaimer.
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Customer hereby acknowledges that Customer is solely responsible for selecting and installing the Software and that the Software may not satisfy all your requirements or be free from defects. CGI specifically does not warrant that the Software will operate uninterrupted or error free. THE SOFTWARE IS PROVIDED ‘AS IS’ WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION BY CGI OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CGI OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SUPPLIERS OR DISTRIBUTORS WILL CREATE A WARRANTY. CGI DOES NOT WARRANT, GUARANTEE OR MAKE REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE OF THE SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. IF SUCH DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH IMPLIED WARRANTIES OR CONDITIONS IS LIMITED TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CUSTOMER.

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8. Indemnity.
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Customer will indemnify, hold harmless, and defend CGI, its employees, agents and distributors against any and all claims, actions, proceedings, demands and costs resulting from or in any way connected with Your use of this Software

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9. Limitation of Liability.
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IN NO EVENT WILL CGI BE LIABLE ON ANY THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY DAMAGES WHICH EXCEED, IN THE AGGREGATE, THE LESSER OF (A) THE PURCHASE PRICE OF THE SOFTWARE, (B) THE AMOUNT PAID BY CUSTOMER AND (C) THE SUGGESTED RETAIL PRICE AS LISTED BY CGI). IN NO EVENT WILL CGI, ITS EMPLOYEES, AGENTS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, AGGRAVATED OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, IN CONNECTION WITH OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SOFTWARE OR THE FURNISHING, USE OR INABILITY TO USE THIS SOFTWARE, OR THE PROVISION OR PERFORMANCE OR USE OF ANY SERVICES UNDER THIS AGREEMENT, SUCH EXCLUDED DAMAGES INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOSS OF DATA OR INFORMATION, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS OR LOSS OF GOODWILL, EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. CGI IS NOT LIABLE FOR ANY CLAIMS MADE THE SUBJECT OF A LEGAL PROCEEDING AGAINST CGI MORE THAN TWO YEARS AFTER ANY SUCH CLAIM FIRST AROSE.

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10. Other Rights and Limitations.
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Consent to Use of Data. Agree that CGI may collect and use information gathered in any manner as part of the product services provided to Customer, if any, related to this Software. This information may include, but is not limited to, information about the Software and other CGI products and services including details of platform version, version of the Software, license status, language, usage and database. Various hardware parameters may also be collected. With Customer prior consent, CGI may also use this information to provide notices to the Customer which may be of use or interest to Customer. Customer can elect to not receive any further notices by selecting the “unsubscribe or change your preferences” link that is included in email the Customer receives. The “unsubscribe or change your preferences” link will allows the Customer to visit our preference center which lists the publications Customer are subscribed to and allows Customer to unsubscribe or change your preferences (Customer can log-in to the preference center once Customer has submitted their e-mail address to CGI and it has been processed).The Software contains components that enable and facilitate the use of certain Internet-based services.Customers are not obligated to download any upgrades or fixes to this Software that are provided by CGI. To review CGI privacy policy, please visit: https://www.canvasgfx.com/en/privacy-policy/.

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11. U.S. Government Rights.
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The Software is "Restricted Computer Software”. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software - Restricted Rights clause at 48 CFR 52.27-19, as applicable. The manufacturer is Canvas GFX, Inc.

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Software is a "commercial item" as such term is defined in 48 C.F.R. 12.101 (Oct 1995), consisting of "commercial computer software" and "commercial computer software documentation", as such terms are used in 48 C.F. 12.212 (Sept 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, U.S. Government end users acquire the Software with only those rights set forth in this section.

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U.S. GOVERNMENT RIGHTS Programs, software, databases, and related documentation and technical data delivered to U.S. Government customers are "commercial computer software" or "commercial technical data" pursuant to the applicable Federal Acquisition Regulation and agency-specific supplemental regulations.

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12. General
‍

12.1 This Agreement is governed by and construed in accordance with the laws of the State of Florida and the laws of United States of America applicable therein excluding application of any conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Customer hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Florida USA, and any competent courts of appeal therefrom.

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12.2 Termination. Any failure by the Customer to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this Agreement including the license hereunder. Upon termination of this Agreement for any reason, the Customer agrees to immediately cease Use of this Software and destroy all copies of this Software. The rights and obligations in this EULA and such other provisions which by their nature may be expected to remain in force, shall survive the expiration or termination of this Agreement.

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12.3 No failure or delay in enforcing any right or exercising will be deemed a waiver of any right or remedy.

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12.4 If any provision of this Agreement is unenforceable or invalid for any reason whatever, such unenforceability or invalidity shall not affect the enforceability or validity of the remaining provisions of this Agreement and such provision shall be severable from the remainder of this Agreement.

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12.5 This Agreement constitutes the entire agreement between the Customer and CGI with respect to the subject matter hereof and supersedes all prior and contemporaneous proposals, agreements, understandings, representations and communications, whether oral or written.

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12.6 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

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12.7 The English version of this Agreement shall be used for interpreting and construing the meanings of any provisions herein.

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13. Third Party Software Licenses
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The Software also contains software of Canvas GFX, Inc. and its suppliers and contains some or all of the software of other third parties which is listed and used in accordance with the notices reproduced below:

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13.2. Little CMS color management code that is owned and copyrighted by Marti Maria. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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13.3. PANTONE Color Computer Graphics Copyright © Pantone, Inc. 1986, 1988. PANTONE ® Computer Video simulations used in this product may not match PANTONE-identified solid color standards. Use current PANTONE Color Reference Manuals for accurate color. Pantone, Inc. is the copyright owner of PANTONE Color Computer Graphics and Software which are licensed to Canvas GFX, Inc. to distribute for use only in combination with CANVAS X. PANTONE Color Computer Graphics and Software shall not be copied onto another diskette or into memory unless as part of the execution of CANVAS X.

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13.7. The work of the Independent JPEG Group.

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13.9. TIFF support based on LibTIFF, Copyright © 1988-1997 Sam Leffler, Copyright © 1991-1997 Silicon Graphics, Inc. Permission to use, copy, modify, distribute, and sell this software and its documentation for any purpose is hereby granted without fee, provided that (i) the above copyright notices and this permission notice appear in all copies of the software and related documentation, and (ii) the names of Sam Leffler and Silicon Graphics may not be used in any advertising or publicity relating to the software without the specific, prior written permission of Sam Leffler and Silicon Graphics. THE SOFTWARE IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SAM LEFFLER OR SILICON GRAPHICS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

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13.11. WebP support based on libwebp, Copyright © 2010, Google Inc. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

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Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of Google nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

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THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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13.13. FONTS are registered trademarks of URW++ Design & Development GmbH.

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13.14. The Expat XML Parser. Copyright © 1998, 1999, 2000 Thai Open Source Software Center Ltd and Clark Cooper Copyright © 2001, 2002, 2003, 2004, 2005, 2006 Expat maintainers. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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13.15. Geodatabase support based on GDAL/OGR. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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13.16. GeoSpatial Data Abstraction Library, Copyright © 2000, Frank Warmerdam. Shapefile C Library Copyright © 1999, Frank Warmerdam. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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13.17. GeoJP2 support based on JasPer License Version 2.0. Copyright © 2001-2006 Michael David Adams. Copyright © 1999-2000 Image Power, Inc. Copyright © 1999-2000 The University of British Columbia. All rights reserved. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. THE SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE. NO ASSURANCES ARE PROVIDED BY THE COPYRIGHT HOLDERS THAT THE SOFTWARE DOES NOT INFRINGE THE PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER ENTITY. EACH COPYRIGHT HOLDER DISCLAIMS ANY LIABILITY TO THE USER FOR CLAIMS BROUGHT BY ANY OTHER ENTITY BASED ON INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. AS A CONDITION TO EXERCISING THE RIGHTS GRANTED HEREUNDER, EACH USER HEREBY ASSUMES SOLE RESPONSIBILITY TO SECURE ANY OTHER INTELLECTUAL PROPERTY RIGHTS NEEDED, IF ANY. THE SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT INTENDED FOR USE IN MISSION-CRITICAL SYSTEMS, SUCH AS THOSE USED IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE OR SYSTEM COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). THE COPYRIGHT HOLDERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.

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13.18. GEOS-14 buffer support based on GEOS – Geometry Engine, Open Source. Copyright © 1991, 1999 Free Software Foundation, Inc. This library is free software under the terms of the GNU Lesser General Public License as published by the Free Software Foundation. This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Lesser General Public License for more details. To receive a copy of the GNU Lesser General Public License, write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA.

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13.19. GeoTIFF support based on libgeotiff, code by Frank Warmerdam, Copyright © 1999, Frank Warnerdam, code by Niles Ritter, Copyright © 1995 Niles D. Ritter. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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13.20. KML, KMZ and GPX support based on libkml, Copyright © 2010, Google Inc. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

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Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of Google Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

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THIS SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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13.21. Uriparser - RFC 3986 URI parsing library. Copyright © 2007, Weijia Song songweijia@gmail.com. Copyright © 2007, Sebastian Pipping webmaster@hartwork.org. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

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Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of Weija Song, Sebastian Pipping nor the names of the Software’s contributors may be used to endorse or promote products derived from this software without specific prior written permission.

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THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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13.23. GIS projection support based on PROJ.4 software. Copyright © 2000, Frank Warmerdam. All rights reserved. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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13.24. Snappy compression/decompression library Copyright © 2011, Google Inc. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

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Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of Google Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

‍

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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13.25. zlib general purpose compression library Copyright © 1995-2014 Jean-loup Gailly and Mark Adler. This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:

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The origin of this software must not be misrepresented; Customer must not claim that the Customer wrote the original software. If the Customers’ use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
Altered source versions must be plainly marked as such and must not be misrepresented as being the original software.
This notice may not be removed or altered from any source distribution.

Jean-Loup Gailly (jloup@gzip.org) Mark Adler (madler@alumni.caltech.edu)

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Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

‍

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of SharpVectorGraphics nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

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THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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13.27. LibHnj a library for high quality hyphenation and justification. Copyright © 1998 Raph Levien, © 2001 ALTLinux, Moscow (http://www.alt-linux.org), © 2001 Peter Novodvorsky (nidd@cs.msu.su), © 2006, 2007, 2008, 2010 László Németh (nemeth at OOo). This library is free software; Customer can redistribute it and/or modify it under the terms of the GNU Library General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version. This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Library General Public License for more details. Customer can obtain a copy of the GNU Library General Public License at https://www.gnu.org/licenses/lgpl.html or Customer can write to the Free Software Foundation, Inc., 59 Temple Place - Suite 330, Boston, MA 02111-1307 USA.

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13.28. CVD metadata support based on rapidxml licensed under the terms of the MIT license. Copyright © 2006, 2007 Marcin Kalicinski. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

‍

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

‍

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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13.29. QR code generating libqrencode library is Copyright © 2006-2012 Kentaro Fukuchi and is licensed under the terms of the GNU Lesser General Public License (GPLv3) as published by the Free Software Foundation. This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Lesser General Public License for more details.

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13.30. Math equation editor library Copyright © 2011-2016 Kashif Imran. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

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The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

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THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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13.31. STIX 2.0.2 Font Software Copyright © 2001-2019 by the STI Pub Companies (www.stixfonts.org). Portions copyright © 1998-2003 by MicroPress, Inc. (www.micropress-inc.com). Portions copyright © 1990 by Elsevier, Inc. Portions copyright © 2010, 2012, 2014, Adobe Systems Incorporated. This Font Software is licensed under the SIL Open Font License, Version 1.1 available at http://scripts.sil.org/OFL.

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The Font Software is provided “as is”, without warranty of any kind, express or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose and noninfringement of copyright, patent, trademark, or other right. In no event shall the copyright holder be liable for any claim, damages or other liability, including any general, special, indirect, incidental, or consequential damages, whether in an action of contract, tort or otherwise, arising from, out of the use or inability to use the font software or from other dealings in the Font Software.

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14. Copyright and Trademark Notices.
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14.2 CANVAS, CANVAS X, CANVAS DRAW, and CANVAS DRAW logo are trademarks of Canvas GFX, Inc. and may be registered in certain jurisdictions.

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14.3 Adobe, Acrobat, Illustrator, Photoshop, PostScript and Reader are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.

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14.4 Apple, Macintosh, Mac OS, and TrueType are trademarks of Apple Inc., registered in the U.S. and other countries.

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14.5 Corel and CorelDRAW are trademarks or registered trademarks of Corel Corporation and/or its subsidiaries in Canada, the United States and/or other countries.

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14.6 Excel, Internet Explorer, Microsoft, PowerPoint, Windows, and Windows logo are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.

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14.7 QR Code is a registered trademark of DENSO WAVE INCORPORATED in JAPAN and other countries.

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14.8 STIX Fonts is a trademark of The Institute of Electrical and Electronics Engineers, Inc.

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14.9 All other marks, products and company names are the property of their respective owners.

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15. Third Party Websites, Services and Software
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The Software may contain links to other websites, services or software provided by third parties (“Third-Party Content”). Links from CGI Software to Third-Party Content are provided for Customer convenience only and are not investigated, monitored or checked for accuracy, appropriateness, or completeness by CGI and CGI is not responsible for any Third-Party Content accessed through CGI Software, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Content does not imply approval or endorsement thereof by CGI. If Customer decides to access or install the Third-Party Content, Customers do so at your own risk. Customer should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content Customers navigate from the CGI Software or relating to any Third-Party Content Customers use or install. CGI reserves the right to change, modify or delete links to Third-Party Content without notice.

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CANVAS X, CANVAS X GEO, and CANVAS X3 EULA August 31, 2020

Canvas Envision terms of service

1. What these Terms cover.‍

2. How Canvas Envision is administered.‍

3. What's included in your Envision Platform subscriptions; what are the restrictions.‍

4. Our security and data privacy policies.‍

5. Terms that apply to Your Data.‍

6. Using third-party products with the Envision platform.‍

7. Using Canvas GFX developer assets. ‍

8. Additional Services.‍

9. Billing, renewals, and payment.‍

10. Taxes not included.‍

11. If you purchased through a Reseller. ‍

12. Evaluations, trials, and betas. ‍

13. IP Rights in the Canvas GFX Products and Feedback. ‍

14. Confidentiality. ‍

15. Term and Termination.‍

16 Warranties and Disclaimer.‍

17. Limitation of Liability.‍

18. IP Indemnification. ‍

19. Publicity Rights. ‍

20. Dispute Resolution. ‍

21. Export Restrictions. ‍

22. Changes to these Terms. ‍

23. Changes to the Envision Platform Products. ‍

24. General Provisions.‍

25. Definitions. ‍

Canvas Envision user notice

Canvas GFX privacy policy

Information Collection

Website Analytics

How We Use Your Information

Trial Software Activation

Product Purchasing

Product Registration

Canvas GFX Newsletter and Information List Memberships

Canvas GFX Website or Canvas GFX Product User Surveys

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Website Activity

Your use of Canvas GFX Product

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Security of Your Personal Information

Privacy Issues, Concerns and Correcting Information

acceptable use policy

Disruption

Wrongful activities

Inappropriate communications

Inappropriate content

Canvas GFX guidelines for law enforcement requests

Canvas GFX’s policy on responding to law enforcement requests

User Notice Policy

Serving a Valid Law Enforcement Request & Contact Information

Available Canvas GFX Customer Information

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Law Enforcement Preservation Requests

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How to Request Canvas GFX Customer Information

International Law Enforcement Requests

Emergency Requests

reporting copyright and trademark violations

Copyright

Trademark

Canvas Envision support policy

Introduction

Support Services

Support Terminology

Support Levels

Submitting a Support Request

Canvas Envision training terms and policy

Canvas Envision End User Software License Agreement (EULA)

1.0 Definitions.

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2. Software License

Installation and Use.

2.2. License Types.

3. Restrictions

4. Registration.

5. Product Updates.

6. Ownership.

7. Limited Warranty and Disclaimer.

8. Indemnity.

1. What these Terms cover.
‍

2. How Canvas Envision is administered.
‍

3. What's included in your Envision Platform subscriptions; what are the restrictions.
‍

4. Our security and data privacy policies.
‍

5. Terms that apply to Your Data.
‍

6. Using third-party products with the Envision platform.
‍

7. Using Canvas GFX developer assets.
‍

8. Additional Services.
‍

9. Billing, renewals, and payment.
‍

10. Taxes not included.
‍

11. If you purchased through a Reseller.
‍

12. Evaluations, trials, and betas.
‍

13. IP Rights in the Canvas GFX Products and Feedback.
‍

14. Confidentiality.
‍

15. Term and Termination.
‍

16 Warranties and Disclaimer.
‍

17. Limitation of Liability.
‍

18. IP Indemnification.
‍

19. Publicity Rights.
‍

20. Dispute Resolution.
‍

21. Export Restrictions.
‍

22. Changes to these Terms.
‍

23. Changes to the Envision Platform Products.
‍

24. General Provisions.
‍

25. Definitions.
‍

1.0 Definitions.
‍

2. Software License
‍

2.2. License Types.
‍

3. Restrictions
‍

4. Registration.
‍

5. Product Updates.
‍

6. Ownership.
‍

7. Limited Warranty and Disclaimer.
‍

9. Limitation of Liability.
‍

10. Other Rights and Limitations.
‍

11. U.S. Government Rights.
‍

12. General
‍

13. Third Party Software Licenses
‍

14. Copyright and Trademark Notices.
‍

15. Third Party Websites, Services and Software
‍

1.0 Definitions.
‍

2. Software License
‍

2.2. License Types.
‍

3. Restrictions
‍

4. Registration.
‍

5. Software Updates.
‍

6. Ownership.
‍

7. Limited Warranty and Disclaimer.
‍

8. Indemnity.
‍

9. Limitation of Liability.
‍

10. Other Rights and Limitations.
‍

11. U.S. Government Rights.
‍

12. General
‍

13. Third Party Software Licenses
‍

14. Copyright and Trademark Notices.
‍

15. Third Party Websites, Services and Software
‍