End User License Agreement
Topaz Gigapixel uses two separate license agreements for Personal and Professional plans:
Topaz Gigapixel Personal End User License Agreement
This is a specific EULA for Topaz Gigapixel’s Personal license. The following license terms apply to customers who are not using Gigapixel for commercial projects.
Notice to users: Please read the following legal agreement carefully. The use of Topaz Labs software provided with this agreement (the "Software") constitutes your acceptance of these terms. If you do not agree to the terms of this agreement, do not install and/or use this software. Your use of this software is conditioned upon compliance by you with the terms of this agreement.
1. License Grant: Topaz Labs LLC grants you a license to use one copy of the version of this software on any two computers for as many licenses as you purchase. This license is only valid for a single user and may not be shared between individuals.
2. Personal and Commercial Licensing:
Personal Licensing: The Software when directly purchased from the website under a personal license is solely intended for personal or limited commercial use. Commercial usage of the Software includes but is not limited to generation and distribution of content for game or media assets, paid distribution on video platforms or stock photo platforms, advertising, publication, or printed media. Commercial usage that contributes to annual revenue exceeding $1 million requires a commercial license.
Commercial Licensing: For publication or distribution of the media outlined above, a commercial license is required. For commercial licensing of the Software, please contact Topaz Labs LLC at enterprise@topazlabs.com.
3. Ownership: The software is owned and copyrighted by Topaz Labs LLC. Your license confers no title or ownership in the software and should not be construed as a sale of any right in the software.
4. Copyright: The software is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the software is transferred to you.
5. Reverse Engineering: You agree that you will not attempt to reverse compile, modify, translate, or disassemble the software in whole or in part.
6. No Other Warranties: Topaz Labs LLC does not warrant that the software is error-free. Topaz Labs LLC disclaims all other warranties with respect to the software, either express or implied.
7. Severability: In the event of the invalidity of any provision of this license, the parties agree that such invalidity will not affect the validity of the remaining portions of this license.
8. No Liability for Consequential Damages: In no event shall Topaz Labs LLC or its affiliates be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the delivery, performance or use of the software.
9. Governing Law: This license will be governed by the laws of the State of Texas as they are applied to agreements between Texas residents entered into and to be performed entirely within Texas.
10. Entire Agreement: This is the entire agreement between you and Topaz Labs LLC which supersedes any prior agreement or understanding, whether written or oral, related to the subject matter of this license.
Topaz Gigapixel Professional End User License Agreement
This is a specific EULA for Topaz Gigapixel’s Professional license. The following license terms apply to customers using Gigapixel for commercial projects.
Notice to users: Please read the following legal agreement carefully. The use of Topaz Labs software provided with this agreement (the "Software") constitutes your acceptance of these terms. If you do not agree to the terms of this agreement, do not install and/or use this software. Your use of this software is conditioned upon compliance by you with the terms of this agreement.
1. License Grant: Topaz Labs LLC grants you a license to use one copy of the Software on one computer for as many seats as you purchase. Professional licenses are recurring subscriptions that require annual or monthly payments to maintain access. This license grant is contingent upon the fulfillment of an annual payment, which is calculated based on the number of ordered seats.
2. Personal and Commercial Licensing:
Personal Licensing: The Software when directly purchased from the website under a personal license is solely intended for personal or limited commercial use. Commercial usage of the Software includes but is not limited to generation and distribution of content for game or media assets, paid distribution on video platforms or stock photo platforms, advertising, publication, or printed media. Commercial usage that contributes to annual revenue exceeding $1 million requires a commercial license.
Commercial Licensing: A commercial license grants you publication and distribution rights for all commercial use cases, for the number of seats that you purchase. For commercial licensing of the Software, please contact Topaz Labs LLC at enterprise@topazlabs.com (mailto:enterprise@topazlabs.com).
3. Ownership: The software is owned and copyrighted by Topaz Labs LLC. Your license confers no title or ownership in the software and should not be construed as a sale of any right in the software.
4. Media Privacy: During use of Gigapixel Professional, all AI model processing occurs on the local machine and no image media is transferred to Topaz Labs or any other third party. Topaz Labs cannot use your image file inputs or output for training or any other purpose unless you explicitly send files through email or file transfer for that stated purpose. Files may be voluntarily uploaded specifically when purchasing print services through Topaz Labs.
5. Copyright: The software is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the software is transferred to you.
Topaz Labs does not use image media imported to Gigapixel for model training, quality control, or any internal research when logged in using a Professional license.
Topaz Labs does not make any claim of copyright ownership related to the media processed using the Software and its AI models. Additionally, Topaz Labs LLC does not assert any right to royalties in relation to the use of content generated through the use of the Software.
6. Reverse Engineering: You agree that you will not attempt to reverse compile, modify, translate, or disassemble the software in whole or in part.
7. No Other Warranties: Topaz Labs LLC does not warrant that the software is error-free. Topaz Labs LLC disclaims all other warranties with respect to the software, either express or implied.
8. Severability: In the event of the invalidity of any provision of this license, the parties agree that such invalidity will not affect the validity of the remaining portions of this license.
9. No Liability for Consequential Damages: In no event shall Topaz Labs LLC or its affiliates be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the delivery, performance or use of the software.
10. Governing Law: This license will be governed by the laws of the State of Texas as they are applied to agreements between Texas residents entered into and to be performed entirely within Texas.
11. Entire Agreement: This is the entire agreement between you and Topaz Labs LLC which supersedes any prior agreement or understanding, whether written or oral, related to the subject matter of this license. Topaz Labs LLC hereby represents and warrants that it possesses all requisite rights, power, and authority to enter into and fully perform its obligations under this agreement.