Software End User License Agreement

 

This Software End User License Agreement (the "License") applies to the Software. But before we start, know that when we use the term “Software” we mean the FXhome video and image editing software and Creative Library owned by Artlist UK Limited and offered to you as part of Artlist UK subscription plans or Artlist Max subscription, as well as additional software, and the Assets included in the Creative Library licensed to us by third parties (let’s call them our “Partners”), and all updates, upgrades, new versions and patches to the Software. “Creative Library” means a bundle of awesome music, SFX, templates (“Assets”), which you can incorporate in your editing project.  To keep it simple, all of these features together shall be called the “Software” in the rest of this License.

1. Here is how we know you accepted the License terms.

Installing is agreeing.

It is important that you know, by downloading, installing, activating or using the Software, you represent to us, and confirm to us that you have read and agreed to this License, the Artlist UK Terms of Use* and our Artlist UK Privacy Policy*.

These terms apply to all our subscription plans, the example project and demo version. If you do not wish to agree to this Licence, this means that we cannot license the Software to you, and we ask you to not download or install the Software or stop using and uninstall the Software if you already downloaded it.

*If you have an Artlist Max subscription, any references in this EULA to Artlist UK Terms of Use or Artlist UK Privacy Policy shall be read as references to Artlist Ltd Terms of Use and Artlist Ltd Privacy Policy.

2. You can use the Software for your editing needs.

Here’s how you can use our Software:

• Download. 
• Install.
• Use the Software for personal or commercial purposes. 
• Activate the Software in the permitted number of devices (as set out in section 10 below)
• Make a copy of the Software if it is incidental to your normal use of the Software or for back-up purposes only, according to your statutory rights. But make sure to keep those copies secured.  
• Receive and use any supplementary code or patches and correction of errors of the Software, provided by us, at our sole discretion. 
• Enjoy and utilize our learn panel.
• Use the Creative Library and Assets to incorporate in your editing project.

3. You should only use the Software as an editing tool.

What doesn’t count as use for editing purposes?

Use does not include copying, renting, leasing, sub-licensing, loaning, translating, merging, adapting, transmitting publicly, streaming, varying or modifying the Software or any portion of the Software, either by you or to enable others to do so.


Alterations to, or modifications of, the whole or any part of the Software, as well as incorporating or combining the Software or any part of it, in any other programs, is also prohibited.

Basically, the license does not allow you to access the source code of the Software.

This means you cannot disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software, attempt to discover the source code of the Software or attempt to do any such thing. You can do these acts only if it’s necessary in order to achieve interoperability of the Software with another program. And only under the condition that the information you receive during the operation can only be used to (i) achieve the interoperability, (ii) you cannot disclose it to any other person, if is not necessary to achieve interoperability; and (iii) you cannot use the information in order to develop a software which is substantially similar to the Software.

You also cannot use any means or tools to bypass or circumvent the Software encryption, security or authentication system, try to access the Software not through our interface, or reinstall (or enable others to use) previous versions of the Software (“downgrading”).

You can’t make the Software available to others in whole or in part in any form or medium, directly and/or indirectly, including on cloud services and/or servers and/or any other similar services, this also include the program listing, the Creative Library and Assets, object and source program listings, object code and source code. That also means, you can’t allow others to use the Software using your account information.

Do not disrupt the Software in any way. Any attempt to disable or impair or destroy the Software, or upload or store any component that contains viruses, malware or that might damage or limit the functionality of the Software – is strictly prohibited.

You can’t use the Software in any manner which is illegal, contrary to court orders and/or which was forbidden by the provisions of any law. Also, you can’t use the Software in any manner which may damage us, our Partners, any third parties, or their rights or reputation.

4. Unlimited updates

During the whole period of your paid subscription.

We are always working to improve our Software and the Creative Library, add new functions, Assets or remove old functions or Assets, and we may update the Software from time to time, at our sole discretion.

You may be required to install those updates in order to operate the Software optimally, enjoy more features, receive more Assets or any other content. You will get notification when Software updates are available to you. You must be connected to the internet if you wish to update the Software. If you choose not to update the Software, it might not work as effectively as we intend it to, and we would not be able to provide you with support.

As long as you have a valid paying subscription, and you have activated the Software, you are entitled to receive Software updates at no charge.

Just so you know, our updates will not change the description of the Software you have bought.

This License also applies to any updates.

5. We are here to support you

Unlimited customer support throughout your paid subscription term

All our valid paying subscribers are entitled to technical support and assistance from us at no charge, through Artlist UK Customer Support team or, in case you are Artlist Max subscriber also through Artlist Ltd Customer Support team, after activation of the Software. If you are a free subscriber and want to receive support, you need to upgrade to Artlist UK Creator or Pro subscription plans or to Artlist Max subscription plans.

We do not guarantee to you that the operation of the Software will be uninterrupted, or that the Software will be error free, or as to the result that may be obtained from use of the Software. Check out our Terms of Use  to read our commitments to you in the event of a technical problem.
Other than that, we may release patches, bug fixes or repairs for the Software at our sole discretion.

We will not be able to help you with any technical problem unless you provide us with all the relevant information necessary to fix the defect or fault, including sufficient information to enable us to recreate the defect or fault.

We would not be able to repair the Software if the problem in the Software was caused by you: (i) amending the Software; or (ii) using the Software in any manner which is in violation the terms of this License or the Terms and Service you agreed to when purchasing the Software; (iii) choosing not to update the Software.

6. Having a “License” means using, not owning

In other words, we are the owners of the Software

The FXhome Software, all that is included in it, and in any additional features that you download from Fxhome Site, remain protected by copyrights and intellectual property of Artlist UK or its Partners.

Artlist UK is the owner or the rights holder of all the rights, inclusive of all intellectual property rights and all copyrights, or the licensee in the Software, the Site (including all content in the Software and the Site) and in any additional features that you download from the Site. You do not and will not have any rights whatsoever to the Software or in the Site, exclusive of the right of use as specified in this License. To know more about our rights in the Proprietary Content and Site, check our Terms of Use.

We give you a non-exclusive, non-transferable License, which is permission from us, to use the Software, according to the subscription plan you choose and the terms of this License. That means that you are not the owner of the Software, we do not transfer the Software to you or allow you to transfer the Software or your subscription to others, and you have no right to access the Software in source code form.

We also grant you a License to use the Creative Library and Assets included in it. This is a non-exclusive, non-transferable License to use the Assets to incorporate them in your final project only, not on a stand-alone basis nor for transferring the Assets to anyone else. We may update the Assets or remove Assets from the Creative Library, at our sole discretion. Please remember to follow the License and terms of our Partners, in section 7 below. If you have the example project you can use the content provided to you as part of the example project for demonstration purposes only, you cannot incorporate the content in any commercial project or for any commercial use.

Remember that Artlist UK (or its Partners) are the owners of the Software, and anything included in it? Therefore, the Software includes our or our Partner’s copyright and trademarks notices. You are prohibited from removing, or letting others remove, our or our Partners’ notices in any way, shape, or form, and you need to include these notices on any copies you make of the Software on any medium.

Now that you know what a License is, by using this License, you understand that your rights to the Software will not exceed the rights described in this License.

7. Review our Partners Terms of use & Licenses

This License does not replace our Partners’ Licenses

Remember we told you that the Software includes software and Assets owned by our Partners? That means that they have their own terms and Licenses on how to use their software or Assets, and those terms and Licenses apply to you as well.

You can view our Partners’ software Licenses in the ‘About’ section within the Software. Your use of the Assets included in the Creative Library is subject to Artlist’s Ltd License and Terms of use, and Motion Array’s Terms of service and License.
It is your responsibility to read those terms and Licenses and comply with them.

8. Subscription Plans for Fxhome Subscribers*

Each subscription plan offers you different features of Software bundles

We offer 3 tiers of subscription plans under different pricing:
• Free
• Creator
• Pro

You can read more about the difference between the plans, the features and Creative Library Assets included in each subscription plan here. The more you go pro, the more features and Assets you will receive.

Although the different subscription plans grant you different rights, your obligations under this License, the Terms of Use and the Privacy Policy remain the same.

As long as you access and use our Software, whether under a paid plan or for free plan, you are still required to follow the guidelines of this License. At the end of the term of your paid subscription plan you will only be able to access and use our free version.

* If you have an Artlist Max subscription, you can read more about the difference between the Artlist Max subscription plans here.

Free subscriber

If you are a non-paying subscriber with a free subscription plan you can only use a small number of Assets and the HitFilm Free version of our HitFilm software. This version does not have the full functionality and features of the full versions, and you are not entitled to the support & updates which are offered under the paying subscription plans. Get your Creator or Pro subscription here.


Plan for your specific needs

If you want to add more than currently offered under our subscription plans or in this License, find more information in the Help Center.

9. Switching between Subscription Plans

You can switch between subscription plans. Want to know how? See our FAQ section, or Artlist Ltd Terms of Use.

When you launch your Software, you will be able to activate the new subscription plan.

10. Activation on more than one device

One paying subscription allows for two installations

Either of the paying subscription plans gives you the option to download, activate and use the Software on two devices at your choosing. For example, you can install and use the Software on two computers simultaneously. If you already activated the Software on two devices any additional activation attempt will require deactivation of one of the previous devices. Other than this, you must not use the Software via any communications network or by means of remote access.

Free subscribers can use the Software on one device only. If you are a free subscriber and want to activate the Software on more than one device, you will need to upgrade to Artlist UK Creator or Pro subscription plan, or to Artlist Max subscription plans.

11. Use of your Information

Help us to help you

Through your use of the Software, we collect certain non-personal information, relating to your hardware usage (such as, hardware identifier, CPU and GPU information, RAM details, operating system, plugin hosts and monitor specifications), in order to improve the Software and help us respond to any issues or queries that you may have regarding your use of the Software. For additional terms regarding our handling of personal data, take a look at our Terms and Use and Privacy Policy.

12. Make sure to check out our Terms of Use

This License is subject to and is an integral part of Artlist UK Terms of Use, so we strongly recommend that you read them

**If you have an Artlist Max subscription, any references in this EULA to Artlist UK Terms of Use or Artlist UK Privacy Policy shall be read as references to Artlist Ltd Terms of Use and Artlist Ltd Privacy Policy.


If you have more questions, check out the Help Center for more information.

* This License Agreement applies to paid or free subscriptions.

 

Effective: November 20, 2022

Plugin End User License Agreement

 

This Plugin End User License Agreement (the “License”) applies to Artlist plugins (the “Software”) owned by Artlist UK Limited and offered to you by Artlist Ltd (“Company”, “Artlist”, “we”, “our”, “us”). Before we start, know that when we use the term “Software” we mean the plugins designed to augment and enhance video and image editing software as well as additional authorized third-party components (we call those third parties “Partners”), including all updates, upgrades, new versions and patches to the Software. To keep it simple, all of these features together shall be called the “Software” in the rest of this License.

1. Here is how we know you accepted the License terms.

Installing is agreeing.

It is important that you know, by downloading, installing, activating or using the Software, you represent to us, and confirm to us that you have read and agreed to this License, the Terms of Use and our Privacy Policy. If you do not wish to agree to this License, this means that we cannot license the Software to you, and we ask you to not download or install the Software or stop using and uninstall the Software if you already downloaded it.

2. You can use the Software for your editing needs.

Here’s how you can use our Software:

• Download.
• Install.
• Use the Software for personal or commercial purposes.
• Activate the Software in the permitted number of devices (as set out in section 8 below).
• Make a copy of the Software if it is incidental to your normal use of the Software or for back-up purposes only, according to your statutory rights. But make sure to keep those copies secured.
• Receive and use any supplementary code or patches and correction of errors of the Software, provided by us, at our sole discretion.

3. You should only use the Software as an editing tool.

What doesn’t count as use for editing purposes?

Use does not include copying, renting, leasing, sub-licensing, loaning, translating, merging, adapting, transmitting publicly, streaming, varying or modifying the Software or any portion of the Software, either by you or to enable others to do so.

Alterations to, or modifications of, the whole or any part of the Software, as well as incorporating or combining the Software or any part of it, in any other programs, is also prohibited.

Basically, the license does not allow you to access the source code of the Software.

This means you cannot disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software, attempt to discover the source code of the Software or attempt to do any such thing. You can do these acts only if it’s necessary in order to achieve interoperability of the Software with another program. And only under the condition that the information you receive during the operation can only be used to (i) achieve the interoperability, (ii) you cannot disclose it to any other person, if is not necessary to achieve interoperability; and (iii) you cannot use the information in order to develop a software which is substantially similar to the Software.

You also cannot use any means or tools to bypass or circumvent the Software encryption, security or authentication system, try to access the Software not through our interface, or reinstall (or enable others to use) previous versions of the Software (“downgrading”).

You can’t make the Software available to others in whole or in part in any form or medium, directly and/or indirectly, including on cloud services and/or servers and/or any other similar services, this also includes the program listing, object and source program listings, object code and source code. That also means, you can’t allow others to use the Software using your account information.

Do not disrupt the Software in any way. Any attempt to disable or impair or destroy the Software, or upload or store any component that contains viruses, malware or that might damage or limit the functionality of the Software – is strictly prohibited.

You can’t use the Software in any manner which is illegal, contrary to court orders and/or which was forbidden by the provisions of any law. Also, you can’t use the Software in any manner which may damage us, our Partners, any third parties, or their rights or reputation.

4. Unlimited updates

During the whole period of your paid subscription.

We are always working to improve our Software, add new functions or remove old functions, and we may update the Software from time to time, at our sole discretion.


You may be required to install those updates in order to operate the Software optimally or enjoy more features. You will get a notification when Software updates are available to you. You must be connected to the internet if you wish to update the Software. If you choose not to update the Software, it might not work as effectively as we intend it to, and we would not be able to provide you with support.

As long as you have a valid paying subscription with us, and you have activated the Software, you are entitled to receive Software updates at no charge.

Just so you know, our updates will not change the description of the Software you have subscribed to.

This License also applies to any updates.

5. We are here to support you

Unlimited customer support throughout your paid subscription term

All our valid paying subscribers are entitled to technical support and assistance from us at no charge, through our Customer Support team, after activation of the Software.

We do not guarantee to you that the operation of the Software will be uninterrupted, or that the Software will be error free, or as to the result that may be obtained from use of the Software. Check out our Terms of Use to read our commitments to you in the event of a technical problem.

Other than that, we may release patches, bug fixes or repairs for the Software at our sole discretion.
We will not be able to help you with any technical problem unless you provide us with all the relevant information necessary to fix the defect or fault, including sufficient information to enable us to recreate the defect or fault.

We would not be able to repair the Software if the problem in the Software was caused by you: (i) amending the Software; or (ii) using the Software in any manner which is in violation of the terms of this License or the Terms and Use you agreed to when purchasing the Software; (iii) choosing not to update the Software.

6. Having a “License” means using, not owning

In other words, we are the owners of the Software

The Software, all that is included in it, remains protected by copyrights and intellectual property of Artlist UK or its Partners.

Artlist UK is the owner or the rights holder of all the rights, inclusive of all intellectual property rights and all copyrights, or the licensee in the Software. You do not and will not have any rights whatsoever to the Software, exclusive of the right of use as specified in this License. To know more about our rights in the Proprietary Content and Site, check our Terms of Use.

You are granted a non-exclusive, non-transferable License, which is permission to use the Software, according to the subscription plan you choose and the terms of this License. That means that you are not the owner of the Software, we do not transfer the Software to you or allow you to transfer the Software or your subscription to others, and you have no right to access the Software in source code form.

Remember that Artlist UK (or Partners) are the owners of the Software, and anything included in it? Therefore, the Software includes copyright and trademark notices. You are prohibited from removing, or letting others remove, any notices in any way, shape, or form, and you need to include these notices on any copies you make of the Software on any medium

Now that you know what a License is, by using this License, you understand that your rights to the Software will not exceed the rights described in this License.

7. Review the Partners Terms of use & Licenses

This License does not replace Partners’ Licenses

Remember we told you that the Software includes components owned by the Partners? That means that they have their own terms and Licenses on how to use their components, and those terms and Licenses apply to you as well.

You can view the Partners’ software Licenses when you activate the Software.

It is your responsibility to read those terms and Licenses and comply with them

8. Activation on more than one device

One paying subscription allows for two installations

The Artlist subscription plan gives you the option to download, activate and use the Software on two devices of your choosing. For example, you can install and use the Software on two computers simultaneously. If you already activated the Software on two devices any additional activation attempt will require the deactivation of one of the previous devices. Other than this, you must not use the Software via any communications network or by means of remote access.

9. Make sure to check out our Terms of Use

This License is subject to and is an integral part of Artlist Terms of Use, so we strongly recommend that you read them

If you have more questions take a look at our FAQ page or reach out to our Customer Support.
* This License Agreement applies to paid or free subscriptions.

 

Effective: November 20, 2022