NXT-Moves™ Designer

Published October 18, 2022 . These General Terms of Use replace and supersede all prior versions.
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Subscription Terms
Your Subscription Term begins as soon as your initial payment is processed. Your subscription will NOT automatically renew at the end of your term. Voluntary renewal applies. To continue use of NXT-Moves after it has timed out, make a purchase online at the current subscription rate to continue. Freehand reserves the right to modify its terms. Updated terms will be posted online. 

Cancellation Terms
You can terminate your year term subscription within 14 days of your initial order. You’ll be fully refunded less a 10% administration fee. Should you cancel after 14 days, your payment is non-refundable, and your service will continue until the end of the term. For assistance with cancellations contact  sales@solutionsforscreenprinters.com prior to 14 days from initial purchase.
Customers who purchase indirectly through resellers should ask their reseller for any terms that may apply. Any reseller term or condition will not supersede those provided by Freehand Graphics, Inc. in this document.
General Terms
These General Terms of Use (“General Terms”), along with any applicable Additional Terms (collectively, the “Terms”) govern your use of and access to Freehand websites, web-based applications and products, customer support, or other interactive areas or services, and services (collectively, the “Services”) and your installation and use of any software that Freehand includes as part of the Services, including, without limitation, mobile and desktop applications, Sample Files and Content Files (defined below), scripts, instruction sets, and related documentation (collectively, the “Software”). 
1. Your Agreement with Freehand.
1.1 Choice of Law and Contracting Entity. Your relationship is with Freehand Graphics, Inc., a United States company, and the Terms are governed by, and construed and interpreted in accordance with, the laws of the State of New York, U.S.A., unless preempted by U.S. federal law, without regard to conflict of law rules. You may have additional rights under your local law. Freehand does not seek to limit those rights where it is prohibited to do so by law. For purposes of the Terms, “Freehand,” “us,” “we,” and “our” mean Freehand Graphics, Inc.
Additional Terms
1.2 Additional Terms. Our Services and Software are licensed, not sold, to you, and also may be subject to one or more of the additional terms below (“Additional Terms”). If there is any conflict between the terms in the General Terms and the Additional Terms, then the Additional Terms govern in relation to those Services or Software. The Additional Terms are subject to change as described in section 1.5 (Updates to Terms) below.
1.3 Personal User. Your profile is a personal profile; you maintain sole access and control over all Content in your personal account or personal profile (except as otherwise indicated in the Privacy Policy); and all references to “you” in the Terms will mean you as an individual.
1.4 Account Credentials. As a Personal User, you may create a Freehand account using an email address. You, as a Personal User with a Freehand account, acknowledge that Freehand may provide your personal information to such Business (including, for clarity, sharing your information with an administrator of your Business), such as your name, email address and Entitlement information. If you do not want a Business to access, use, remove, retain, or control an account or profile, then do not use a Business email address with that account. Freehand may share information about the Business, such as name and email address of the administrator.
1.5 Updates to Terms. Freehand may make changes to the Terms from time to time, and if we do, we will notify you by revising the date at the top of the Terms and, in some cases, Freehand may provide you with additional notice. Any such changes will not apply to any dispute between you and Freehand arising prior to the date on which Freehand posted the revised Terms incorporating such changes, or when the Terms otherwise become effective. You should look at the Terms regularly. Unless otherwise noted, the amended Terms will be effective immediately, and your continued use of our Services and Software confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services and Software and, if applicable, cancel your subscription.

2. Privacy.
2.1 Privacy. For information about how Freehand collects, uses, shares, or otherwise processes information about you and your use of our Services and Software, please see https://solutionsforscreenprinters.com/privacy-policy/.
2.2 Our Access to Your Content. Freehand will only access, or view, your Content in limited ways, and only as permitted by law. For example, in order to provide the Services and Software, we may need to access, or view, your Content to (A) respond to Feedback or support requests; (B) detect, prevent, or otherwise address fraud, security, legal, or technical issues; and (C) enforce the Terms.
2.3 Data Protection Agreements. In some countries, the law requires that Freehand puts a data protection agreement in place with you if we handle Personal Data for you as part of our Services and Software. 
2.4 Sensitive Personal Information. You agree not to collect, process, or store any Sensitive Personal Information (as defined below) using the Services and Software, except as (A) directly authorized by Freehand, (B) intended by the Services and Software, or (C) governed by the Additional Terms, as applicable. You agree not to transmit, disclose, or make available Sensitive Personal Information to Freehand or Freehand’s third-party providers. “Sensitive Personal Information” means an individual’s financial information, data concerning an individual’s sexual behavior or sexual orientation, medical, or health information protected under any health data protection laws, biometric data, personal information of children protected under any child data protection laws (such as the personal information defined under the U.S. Children’s Online Privacy Protection Act (“COPPA”)) and any additional types of information included within this term or any similar term (such as “sensitive personal data” or “special categories of personal information”) as used in applicable data protection or privacy laws. If you are a Business, you also agree to ensure Business Users’ compliance with this section 2.4 (Sensitive Personal Information).
2.5 Transfer of Personal Information. Freehand processes and store information in the U.S. and other countries. By using our Services and Software, you authorize Freehand to transfer your personal information across national borders and to other countries where Freehand and its partners operate.

3. Use of Services and Software.
3.1 License. Subject to your compliance with the Terms and applicable law, Freehand hereby grants you a non-exclusive, limited, revocable right for you to install, access and use the Services and Software that we make available to you, and that you license from us. Each license is to be used by only one (1) person and cannot be shared. At the end of your license term, your license(s) will expire as set forth in your order document(s), or the Subscription and Cancellation Terms. The version(s) of the Services and Software available at your renewal date may be different from the version(s) available when you first licensed them from Freehand. You agree that your decision to use, access, or license the Services and Software is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features.
3.2 Freehand Intellectual Property. Freehand (and our licensors, as applicable) remain the sole owner of all right, title, and interest in the Services and Software. Except as stated in the Terms, we do not grant you any rights to patents, copyrights, trade secrets, Freehand trademarks, or any other rights in respect to the items in the Services or Software. This means you may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Freehand reserves all rights not granted under the Terms.
3.3 Storage. Freehand recommends that you back up your Content regularly, even if the Services provide storage and this functionality is enabled by the applicable Services. Freehand may create reasonable technical limits, such as limits on file size, storage space, processing capacity, and other attributes. Freehand may suspend the Services until you are within the storage space limit associated with your account. At the end of your license term, we will use commercially reasonable efforts to allow you to transition your Content out of the Services. The transition must be completed within thirty (30) days from the date of the termination or expiration of your license term. At the end of this 30-day transition period, we reserve the right to delete your Content. You should download any Content that you have stored in the Services before your license ends.
3.4 User-Generated Content. Freehand may host user-generated content from our users. If you access our Services, you may come across user-generated content that you find offensive or upsetting. Freehand bears no responsibility for such user-generated content and your sole remedy is to stop viewing the content.
3.5 Sample Files.Sample Files” means Freehand-provided audio, visual, video, or other content files for use in tutorials, demonstrations, and for other trial purposes, which may be identified as sample files. Sample Files cannot be used for any other purpose than for which they were provided. You cannot distribute Sample Files in any way that allows a third party to use, download, extract, or access the Sample Files as a stand-alone file, and you cannot claim any rights in the Sample Files.
3.6 Content Files.Content Files” means Freehand assets provided as part of the Services and Software. Unless documentation or specific licenses (including but not limited to Additional Terms) state otherwise, we grant you a personal, non-exclusive, non-sublicensable (except if you are a Business, then sublicensable only to your Business Users), and non-transferable license to use the Content Files to create your end use (i.e., the derivative application or product authored by you) into which the Content Files, or derivations thereof, are embedded for your use (“End Use”). You may modify the Content Files prior to embedding them in the End Use. You may reproduce and distribute Content Files only in connection with your End Use, however, under no circumstances can you distribute the Content Files on a stand-alone basis, outside of the End Use.
 3.7 Free Memberships, Offers, and Trials. Freehand may provide free memberships, offers, and trial subscriptions in its sole discretion. If access to the Services and Software is provided to you for free or for trial purposes, such access is governed by the Terms. At any time prior to or during the free or trial period, Freehand may, in its sole discretion, terminate the free or trial access without prior notice and without any liability to you, to the extent permitted under applicable law, for any reason, including to prevent abuse of the free or trial access. After the free or trial access period expires, you may continue using the Services or Software only by enrolling in a paid subscription, if available, or as otherwise permitted by Freehand. During the free or trial period, no express or implied warranties shall apply to the Services and Software; all Services and Software are provided “as-is” with all defects, and no technical or other support is included.
3.8 NFR Version. Freehand may also designate the Services and Software as “trial,” “evaluation,” “not for resale,” or other similar designation (“NFR Version”). You may install and use the NFR Version only for the period and purposes stated when Freehand provides the NFR Version. You must not use any materials you produce with the NFR Version for any commercial purposes. 
3.9 Fonts and Images.
(A) For any font, font file, image or image file you upload or submit to the Services and Software you represent and warrant that you have all necessary rights to allow Freehand to use, reproduce, display, host, and distribute through the Services and Software for your use. You retain all rights to the unmodified Fonts and Images. You acknowledge that enabling the display of any Font or Image with the Services and Software for your use may require Freehand to use its Technology, including and not limited to our proprietary technology, and that we retain all rights to such Freehand Technology. “Freehand Technology” means technology owned by Freehand or licensed to us by a third-party (including the Services and Software and any related intellectual property rights throughout the world), any Feedback provided to us that is incorporated into any of the foregoing, and any of the modifications, or extensions of any of the foregoing, whenever or wherever developed. Freehand does not represent or warrant that any such Customer Fonts or Images will be compatible with or be suitable for use with the Services or Software.
(B) If Freehand is informed by a third party, such as a foundry, or become aware that you do not have the rights to which you warrant in section 3.10(A) (Customer Fonts or Images) or that your Customer Fonts or Images violate third-party Intellectual Property Rights, then we may remove the Customer Fonts or Images from your account, from the Services, or from the Content that uses such Customer Fonts and Images. You acknowledge that if we remove your Customer Fonts or Images from your account, the Services or the Content that uses the Customer Fonts or Images, or the display of your Content may change, and we will have no liability in connection with the removal.
(C) You may revoke our access to your Customer Fonts and Images and terminate our rights at any time by deleting your Customer Fonts and Images from the Service.
(D) Upon termination or closure of your account, Freehand reserves the right to delete your Customer Fonts and Images. Some copies of your Customer Fonts and Images may be retained as part of our routine backups.
(E) Freehand may collect information connected to your use of the Customer Fonts and Images, such as names of the Customer Fonts and Images that you upload and how you use them.
3.10 Other License Types.
(A) Pre-release or Beta Version. Freehand may designate the Services and Software, or a feature of the Services and Software, as a prerelease or beta version (“Beta Version”). A Beta Version does not represent the final Services and Software and may contain bugs that may cause system or other failure and data loss. Freehand may choose not to release a commercial version of the Beta Version. You must promptly cease using the Beta Version and destroy all copies of the Beta Version if Freehand requests you to do so. In exchange for your use of a Beta Version, you agree that Freehand may collect data, including crash data, regarding your use of the Beta Version and analyze your Content, including manual review, to improve our Services and Software and to personalize your experience, regardless of whether you have opted-out of data collection for non-Beta Versions. If you do not wish to have your usage tracked or Content analyzed, you must discontinue your use of the Beta Version by uninstalling such Beta Version or utilizing a non-Beta Version of the Services and Software. Any separate agreement we enter into with you governing the Beta Version will supersede these provisions.
3.11 Third-Party Services and Software. Freehand may make third-party Services and Software (including plug-ins and extensions) available to you through the Services and Software as a convenience. Third-party services and software are not Services and Software as defined in the Terms and your acquisition and use of such third-party software and services is solely between you and the third party. You are responsible for complying with all applicable third-party terms. 

4. Your Content.
4.1 Content.Content” means any text, information, communication, or material, such as audio files, video files, electronic documents, or images, that you upload, import into, embed for use by, or create using the Services and Software. Freehand reserves the right (but do not have the obligation) to remove Content or restrict access to Content, Services, and Software if any of your Content is found to be in violation of the Terms. We do not review all Content uploaded to the Services and Software, but we may use available technologies, vendors, or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, patterns of activity that indicate spam or phishing, or keywords that indicate adult content has been posted outside of the adult wall).
4.2 Licenses to Your Content. Solely for the purposes of operating or improving the Services and Software, you grant Freehand a non-exclusive, worldwide, royalty-free sublicensable, license, to use, reproduce, publicly display, distribute, modify, create derivative works based on, publicly perform, and translate the Content. For example, we may sublicense our right to the Content to our service providers or to other users to allow the Services and Software to operate as intended, such as enabling you to share photos with others. Separately, section 4.5 (Feedback) below covers any Feedback that you provide to us.
4.3 Ownership. As between you and Freehand, you (as a Personal User, as applicable) retain all rights and ownership of your Content (or where applicable, you must ensure that you or the Business (as applicable) have a valid license to the Content). Freehand does not claim any ownership rights to your Content. End users may not create merchandise, templates, or other products for resale or distribution where the primary value of the product is associated with a single asset, symbol, shape, texture or any other stock item itself (asset) offered within the software. For example, you can’t use the asset to create a poster, t-shirt, or coffee mug that someone would buy specifically because of the asset printed on it. Assets must be used in conjunction with other items as a portion of a total design.
4.4 Sharing Your Content.
(A) Sharing. Some Services and Software may provide features that allow you to Share your Content with other users or to make it public. “Share” means to email, post, transmit, stream, upload, or otherwise make available (whether to us or other users) through your use of the Services and Software. Other users may use, copy, modify, or re-share your Content in many ways. Please carefully consider what you choose to Share or make public as you are responsible for the Content that you Share.
(B) Level of Access. Freehand does not monitor or control what others do with your Content. You are responsible for determining the limitations that are placed on your Content and for applying the appropriate level of access to your Content. If you do not choose the access level to apply to your Content, the system may default to its most permissive setting. It is your responsibility to let other users know how your Content may be Shared and to adjust the setting related to accessing or Sharing your Content.
(C) Comments. Any comments that you submit through the Services and Software are not anonymous and may be viewed by other users. In some Services and Software, your comments may be deleted by you, by other users, or by Freehand.
(D) Removing Your Content. If you delete Content (excluding Feedback) from the Services and Software, Freehand will stop making that Content publicly available within a reasonable amount of time. Some copies of your Content may be retained as part of our routine backups, and we are not responsible for any use of Content that you have Shared or made public.
(E) Collaboration. Freehand provides the Personal User with the option and ability to allow your Customers access to the Services and Software. Freehand is NOT liable for any incidences and damages as a result of any Customer access. Freehand’s limit of liability is the cost of the License Term.
4.5 Feedback. You may, at your own discretion, choose to provide us with ideas, suggestions, proposals, or bug or crash reports for the Services and Software (“Feedback“). In such event, you agree that Freehand is the owner of such Feedback, and we are free to use it for our business purposes, including by incorporation into the Services and Software without any payment or attribution or other obligation to you.

 5. Your Account.
5.1 Account Information. You, as a Personal User , are responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent. You may not (A) share your account information (except with an authorized account administrator), whether intentionally or unintentionally; or (B) use another person’s account. Your account administrator may use your account information to manage your use and access to the Services and Software.
5.2 Account Security. You are responsible for taking reasonable steps to maintain the security and control of your Freehand NXT-Moves Account (Services and Software). Freehand may require you to enable multi-factor authentication and provide a phone number or an alternate email for security purposes. Freehand assumes no responsibility for any loss that you may sustain due to a compromise of your account login credentials, or your failure to follow or act on any notices or alerts that we may send to your email address or telephone number. You are responsible for keeping your email address and telephone number up to date in order to receive any notices or alerts that we may send you, and you are also responsible for carefully reviewing any messages purporting to be from Freehand to ensure they are legitimate. Freehand assumes no responsibility if you are unable to access your Freehand Account because you cannot provide the appropriate login credentials, such as a password, email address, or telephone number. If you suspect that your Freehand NXT-Moves Account or any of your security details have been compromised, please contact Freehand Technical Support.
5.3 Free Account Inactivity. You are responsible for keeping your account active, which means you must sign in periodically to avoid any disruption or loss of access to the Services and Software, or termination of your account. If you don’t sign into your account periodically, Freehand reserves the right to assume your account is inactive, and you agree that we may close it for you. You understand that you will lose access to any Content stored in your account upon closure. Prior to closing your account for inactivity, we will attempt to provide notice to you. For the avoidance of doubt, this section 5.3 (Free Account Inactivity) does not apply to paid accounts in good standing. 

6. User Conduct. You must use the Services and Software responsibly and not misuse the Services and Software. For example, you must not:
6.1 use the Services and Software without, or in violation of, a written license or agreement with Freehand;
6.2 copy, modify, host, stream, sublicense, or resell the Services and Software;
6.3 enable or allow others to use the Services and Software using your account information;
6.4 offer, use, or permit the use of or access to the Services and Software in a computer services business, third-party outsourcing service, on a membership or subscription basis, on a service bureau basis, on a time sharing basis, as a part of a hosted service, or on behalf of any third party;
6.5 construct a database or dataset using, including, or comprised of the Content Files;
6.6 access or attempt to access the Services and Software by any means other than the interface we provide or authorize;
6.7 circumvent any access or use restrictions put into place to prevent certain uses of the Services and Software;
6.8 Share Content, or otherwise engage in behavior that violates anyone’s Intellectual Property Rights. “Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights;
6.9 Share any Content or engage in behavior that is unlawful, harmful, threatening, obscene, violent, abusive, tortious, defamatory, libelous, vulgar, lewd, invasive of another’s privacy, hateful, or otherwise objectionable;
6.10 Share any Content that sexualizes minors or that is intended to facilitate inappropriate interactions with minors, other Freehand users, or the public;
6.11 impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including not disclosing an applicable sponsorship or endorsement relationship when you leave a review;
6.12 attempt to disable, impair, or destroy the Services and Software;
6.13 upload, transmit, store, or make available any Content, including Customer Fonts and Images, or code that contains any viruses, malicious code, malware, or any components designed to harm or limit the functionality of the Services and Software;
6.14 disrupt, interfere with, or inhibit any other user from using the Services and Software (such as stalking, intimidation, harassment, or incitement or promotion of violence or self-harm);
6.15 engage in chain letters, junk mail, pyramid schemes, phishing, spamming, or other unsolicited messages;
6.16 engage in fraudulent activities, such as payment and refund fraud;
6.17 place an advertisement of any products or services in the Services except with our prior written approval;
6.18 use any data mining or similar data gathering and extraction methods in connection with the Services and Software, including data scraping for machine learning or other purposes;
6.19 artificially manipulate or disrupt the Services and Software (such as manipulating appreciations or driving users to third-party sites);
6.20 create Freehand accounts for the purpose of violating the Terms or our policies (or other types of actions taken by Freehand), including, but not limited to, creating fake accounts, or for circumventing account termination;
6.21 manipulate or otherwise display the Services and Software by using framing or similar navigational technology; or
6.22 violate applicable law.

7. Fees and Payment.
7.1 Taxes and Third-Party Fees. You must pay any applicable taxes and third-party fees (including, for example, telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, VAT, foreign exchange fees, and foreign transaction fees). Freehand is not responsible for these fees. Contact your financial institution with questions about fees. Freehand may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses. If you are located in a different country from the applicable Freehand entity with which you are transacting your payments will be made to Freehand.
7.2 Credit Card Information. You authorize Freehand or our authorized vendor(s) to store your payment method and use it in connection with your use of the Services and Software as described in your Subscription and Cancellation Terms. To avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information. You authorize Freehand or our authorized vendor(s) to continue billing and charging your account for amounts owed with the information that we obtain.

 8. Your Warranty and Indemnification Obligations.
8.1 Warranty. You must have: (A) all necessary licenses and permissions to use and Share your Content; and (B) the rights necessary to grant the licenses in the Terms.
8.2 Indemnification. You will indemnify Freehand and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim(s), demand(s), loss(es), or damage(s), including reasonable attorneys’ fees , arising out of, or related to your Content, including, but not limited to Customer Fonts and Images, your use of the Services and Software (as applicable), your interactions with any other users (including Third-Party Entitlement Holders), or your violation of the Terms (“Matter”). Freehand has the right to control the defense of any Matter subject to indemnification by you with counsel of our own choosing. You will fully cooperate with Freehand in the defense of any Matter.

9.1 Unless stated in the Additional Terms, the Services and Software are provided “AS-IS.” To the maximum extent permitted by law, Freehand, its affiliates, and third-party providers (“Covered Parties”) disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. The Covered Parties make no commitments about the content within the Services. The Covered Parties further disclaim any warranty that (A) the Services and Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (B) the results obtained from the use of the Services and Software will be effective, accurate, or reliable; (C) the quality of the Services and Software will meet your expectations; or (D) any errors or defects in the Services and Software will be corrected.
9.2 The Covered Parties specifically disclaim all liability for any actions resulting from your use of any Services and Software. You may use and access the Services and Software at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to any Service and Software.
9.3 If you post your Content on our servers to publicly Share through the Services, the Covered Parties are not responsible for: (A) any loss, corruption, or damage to your Content; (B) the deletion of Content by anyone other than Freehand; or (C) the inclusion of your Content by third parties on other websites or in other media.
10.1 Unless stated in the Additional Terms, in no event shall the Covered Parties be liable to you or anyone else for any special, incidental, indirect, consequential, moral, exemplary or punitive damages whatsoever, regardless of cause, including losses and damages (A) resulting from loss of use, data, reputation, revenue, or profits; (B) based on any theory of liability, including breach of contract or warranty, negligence, or other tortious action; or (C) arising out of or in connection with your use of or access to the Services and Software. Nothing in the Terms limits or excludes our liability for gross negligence, intentional misconduct of Freehand or its employees, death, or personal injury.
10.2 Our total liability in any matter arising out of or related to the Terms is limited to the greater of (A) US $99; or (B) the aggregate amount that you paid for access to the Services and Software during the three-month period preceding the event giving rise to the liability. Our suppliers will have no liability in any matter arising out of or related to the Terms.
10.3 These limitations and exclusions in this section 10 (Limitation of Liability) apply to the maximum extent permitted by law even if (A) a remedy does not fully compensate you for any losses or fails of its essential purpose; or (B) the Covered Parties knew or should have known about the possibility of damages.
10.4 The Terms set forth the entire liability of the Covered Parties as well as your exclusive remedy with respect to access and use of the Services and Software.

11. Termination.
11.1 Termination by You. You may cancel your subscription and terminate your use of the Services and Software within the 14 day authorized period. Cancellation or termination of your account does not relieve you of any obligation to pay any outstanding fees associated with your subscription, including, but not limited to early cancellation fees.
11.2 Termination by Freehand. Unless stated in the Additional Terms, Freehand may at any time immediately terminate or suspend your right to use and access the Services and Software, without refunds for any pre-paid fees, if in Freehand’s sole discretion:
(A) you breach any provision of the Terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);
(B) you fail to make the timely payment of fees for the Services and Software, if any;
(C) you physically, verbally, or through other means abuse, threaten, bully, or harass us or our personnel (in such circumstances, we may alternatively suspend or restrict your access to the Services and Software);
(D) you have repeatedly made complaints in bad faith or without a reasonable basis, and continue to do so after we have asked you to stop (in such circumstances, we may alternatively suspend or restrict your access to the Services or Software);
(E) continuing to provide the Services and Software to you would violate any applicable law;
(F) we elect to discontinue the Services and Software, in whole or in part if it becomes impractical for us to continue offering Services and Software in your region due to change of law, or other reason; or
(G) there has been an extended period of inactivity in your free account.

If Freehand terminates the Terms, or your use of the Services and Software for reasons other than for cause, as listed above, we will make reasonable efforts to notify you via the email address you provide to us, at least thirty (30) days prior to termination, with instructions on how to retrieve your Content. Upon termination by us, you may lose access to your Content. If you believe your Freehand Account has been deactivated in error, you may submit an appeal by following the process outlined when you attempt to log into your account. If you have any related questions, please contact Freehand Technical Support.
 11.3 Survival. Upon the expiration or termination of the Terms, some or all of the Services and Software may cease to operate without prior notice. Your indemnification obligations, our warranty disclaimers and limitations of liabilities, and the dispute resolution provisions stated in the Terms will survive.

12. Trade Sanctions and Export Control Compliance. The Services and Software, and your use of them, are subject to laws, restrictions, and regulations of the United States and other jurisdictions that (A) govern the import, export, and use of the Services and Software; and (B) may, in Freehand’s sole discretion, prohibit us from providing the Services and Software to you with or without notice, in which case no refunds will be provided for any pre-paid fees. By using the Services and Software, you agree to comply with all such laws, restrictions, and regulations, and you warrant that you are not prohibited from receiving the Services and Software by the laws of any jurisdiction. Additionally, you agree not to upload to or transmit over any Services or Software any content that is controlled for export from the United States (including technical data controlled under the US International Traffic in Arms Regulations and technology controlled under the US Export Administration Regulations) without prior written approval from Freehand.

13. Australian Consumer Law. Nothing in the Terms is intended to exclude, restrict, or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) (“CCA”) or any other legislation which may not be excluded, restricted, or modified by agreement. If the CCA or any other legislation implies a condition, warranty, or term into the Terms or provides statutory guarantees in connection with the Terms, in respect of goods or services supplied (if any), our liability for breach of such a condition, warranty, other term or guarantee is limited (at our election), to the extent it is able to do so: (A) in the case of supply of goods, our doing any one or more of the following: (1) replacing the goods or supplying equivalent goods; (2) repairing the goods; (3) paying the cost of replacing the goods or of acquiring equivalent goods; and (4) paying the cost of having the goods repaired; or (B) in the case of supply of services, our doing either or both of the following: (1) supplying the services again; and (2) paying the cost of having the services supplied again.
14. Dispute Resolution, Class Action Waiver, Arbitration Agreement.
Freehand Technical Support is available to address most concerns that you may have regarding Freehand’s Services and Software.
14.1 Notice of Claim and Required Information Dispute Resolution Process. If you have any concern or dispute that Freehand Technical Support is unable to resolve (“Claim”), you agree to first try to resolve the dispute informally and in good faith by contacting Freehand and providing a written Notice of Claim to the address provided in section 18.2 (Notice to Freehand). The Notice of Claim must provide Freehand with fair notice of your identity, a description of the nature and basis of your Claim, and the relief you are seeking, including the specific amount of any monetary relief (see section 10.2) you are seeking, and cannot be combined with a Notice of Claim for other individuals. If any dispute related to your Claim is not resolved within 60 days of receipt, any resulting legal actions must be resolved through either small claims court or final and binding arbitration, including any dispute about whether arbitration is required for the dispute, subject to the exceptions set forth below. Neither party shall initiate legal action until 60 days after the Notice of Claim is received. This agreement to arbitrate shall apply, without limitation, to all claims that arose or were asserted before the effective date of the Terms. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of the Terms or formation of the Terms, including whether any dispute between us is subject to arbitration (i.e., the arbitrator will decide the arbitrability of any dispute) and whether all or any part of these Terms are void or voidable. Claims related to the Terms, Services, or Software are permanently barred if not brought within one year of the event resulting in the Claim.  
14.2 No Class Actions. You may only resolve disputes with Freehand on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Nonetheless, if any portion of this class action waiver is deemed unenforceable or invalid as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
14.3 Arbitration Rules.  There will be one arbitrator that Freehand selects. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’ native language, with simultaneous translation into English (at the expense of the party presenting the witness). Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over you and Freehand. In the event of a conflict between the rules of the arbitration provider and the Terms, including with respect to the assessment of the fees and costs of arbitration, the Terms will govern.

15. Updates to Services and Software and Availability.
15.1 Updates to the Services and Software. Freehand may modify, update, or discontinue the Services and Software (including any portions or features), which modifications, updates or discontinuations may, for clarity, be detrimental or result in a diminishment of value to you, at any time, without liability to you or anyone else. For changes to paid offerings that, in Freehand’s reasonable discretion, are detrimental or result in a material diminishment of value to you, Freehand will make reasonable commercial efforts to notify you of such modification, update, or discontinuation.
15.2 Availability. Our webpages may be accessible worldwide, but this does not mean all Services and Software are available in your country or that user-generated content available via the Services and Software is legal or available in your country. Access to certain Services (or certain Service features) or Software in certain countries may be blocked by Freehand or foreign governments. It is your responsibility to make sure your use of the Services and Software is legal or available where you use them. Services and Software are not available in all languages.

16. No Modifications, Reverse Engineering, Artificial Intelligence/Machine Learning (AI/ML). Certain elements of the Services and Software constitute Freehand’s (or our licensors’) confidential information. Except as expressly permitted in the Terms, you may not (and will not allow third parties to) (A) modify, port, adapt, or translate any portion of the Services or Software; (B) reverse engineer (including but not limited to monitoring or tracking the inputs and outputs flowing through a system or an application in order to recreate that system), decompile, disassemble, or otherwise attempt to discover, within any Service or Software, the source code, data representations or underlying algorithms, processes, methods, and any other portion of such Service or Software; or (C) use, or allow third parties to use, the Services or Software (or any content, data, output, or other information received or derived from the Services or Software) to directly or indirectly create, train, test, or otherwise improve any machine learning algorithms or artificial intelligence systems contained within the Services or Software, including any architectures, models, or weights (which is considered Freehand’s confidential and proprietary information). If the laws of your jurisdiction give you the right to decompile the Services or Software to obtain information necessary to render the licensed portions of the Services or Software interoperable with other software, you must first request such information from us. Freehand may, in our discretion, either provide such information to you or impose reasonable conditions, including a reasonable fee, on your decompilation of the Services or Software to ensure that our and our licensors’ and suppliers’ proprietary rights in the Services and Software are protected.

17. Miscellaneous.
17.1 English Version. The English version of the Terms will be the version used when interpreting or construing the Terms.
17.2 Notice to Freehand. You may send notices to us at the following address: Freehand Inc., 4250 Veterans Memorial Hwy., Suite 3040 West, Holbrook, NY 11741 USA.
17.3 Notice to You. Freehand may notify you by your email or postal mail associated with your account, postings within the Services, or other legally accepted means. It is your responsibility to keep your account information current to receive notifications.
17.4 Non-Assignment. You may not assign or otherwise transfer the Terms or your rights and obligations under the Terms, in whole or in part, without Freehand’s written consent, and any such attempt will be void. Freehand may assign or transfer our rights under the Terms to a third party without your consent.
17.5 Government Terms. If you are a U.S. government entity, or if the Terms are or become subject to the Federal Acquisition Regulations (FAR), then the Services and Software, provided under the Terms are “Commercial Product(s) or Commercial Service(s)”, as those terms are defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” and services related thereto, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through §227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Federal Government End Users (A) only as Commercial Products and Services; and (B) with only those rights as are granted to all other end users pursuant to the Terms. Unpublished rights are reserved under the laws of the United States.
17.6 Headings. Headings used in the Terms are provided for convenience only and will not be used to construe meaning or intent.
17.7 Severability. If any provision of the Terms is held invalid or unenforceable for any reason, the remainder of the Terms will continue in full force and effect and such provision shall be ineffective only to the extent of such invalidity or unenforceability.|
7.8 No Waiver. Our failure to enforce or exercise any provision of the Terms is not a waiver of that provision.
17.9 Force Majeure. Neither party will be liable to the other for any delay or failure to perform any obligation (other than your payment obligations to Freehand) under the Terms if the delay or failure is due to unforeseen events, which occur after the effectiveness of the Terms and which are beyond the reasonable control of the parties, such as strikes, blockade, war, terrorism, riots, natural disasters, refusal of license by the government or other governmental agencies, in so far as such an event prevents or delays the affected party from fulfilling its obligations and such party is not able to prevent or remove the force majeure at reasonable cost.

18. DMCA. Freehand respects the Intellectual Property Rights of others, and we expect our users to do the same. Freehand will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”). 
© 2022 Freehand Graphics, Inc.

Freehand Graphics, Inc. 4250 Veterans Memorial Highway, Suite 3040 W, Holbrook, NY 11741

Version 10182022_v1

Separation Studio 4 (previous version)

An End User License Agreement (EULA) outlines the USE of software. Software is not purchased, it is Licensed for use only. License Terms of Use will vary based on the License option selected. Spot Process Separation Studio 4™ offers four (4) Licenses: Premium One Year New User, Premium One Year Upgrade, Advanced New User, and Advanced Upgrade.

Spot Process Separation Studio 4™ SOFTWARE LICENSE AGREEMENT FROM Freehand Graphics, Inc.

This computer program(s) (SOFTWARE) is licensed to you by Freehand Graphics, Inc., for use only under the Terms of this License Agreement. Freehand Graphics, Inc. (the “PUBLISHER”) reserves all rights not expressly granted to you. The “SOFTWARE” is protected by copyright laws, as well as other intellectual property laws.

This LICENSE grants the original END-USER/PURCHASER the right to:

(a) Use the SOFTWARE on a single computer at a time. To “use the SOFTWARE” means that the SOFTWARE is either loaded in the temporary memory (i.e. RAM) of a computer or installed on the permanent memory of a computer (i.e. hard disk, etc.). You must acquire and dedicate a License for each separate computer on which the SOFTWARE is installed and run on. A single License for SOFTWARE may not be shared or used concurrently on different computers.

(b) You agree that the SOFTWARE will make use of the internet connection(s) currently configured for use on the computer and consent to the SOFTWARE establishing an internet connection when required. Tasks requiring SOFTWARE to establish an internet connection may consist of, but are not limited to: Allow Internal Communication between SOFTWARE Components, handle Validation and Activation/Deactivation of SOFTWARE license, Check for availability of updates/upgrades to the SOFTWARE, Allow printing to network connected printing device(s), etc.

(c) Updating Software Version. The Software may have the ability to connect over the Internet to a server of Freehand Graphics, Inc., Fawkes Engineering, Inc., or any third party entrusted by Fawkes Engineering, Inc., or Freehand Graphics, Inc. in order to update the software version (i) automatically or (ii) with your consent in advance. Such updated software shall be deemed to be the SOFTWARE, and be governed by the Agreement.

(d) End of Life. When a new version is released, the previous version has gone end of life (EOL). Freehand Graphics, Inc. and Fawkes Engineering, Inc. reserve the right to alter coverage for, or cease the support of end of life software.

(e) Subscription and/or time use software. Freehand Graphics, Inc. has provided multiple License options for the use of the software. Freehand reserves the right to not permit a change in a License type, and reserves the right to receive proof of a previous License for Upgrade version options. Fawkes Engineering, Inc. and Freehand Graphics, Inc. reserve the right to alter the method in how the software is installed, accessed by the user for use, or used by a user. The License requires the User to have access to the Internet in order for the Fawkes/Freehand Servers to verify proper use.

(f) Warranty and Support Policy. Fawkes Engineering, Inc. and Freehand Graphics, Inc. reserve the right to alter warranty and support coverage for, or cease the support of software at their discretion. For current documentation of Warranty and Support policies review section 5 of this document, and go to:

(g) Upgrade Reset Support. Upgrading to the latest shipping version automatically reactivates a user to receive the current Support Benefits. A User may be required to provide verification of their License to the Support Service Team. Spot Process Separation Studio 4 Advanced License Protection provides two (2) assisted Serial Number Server resets for Hardware Crash/Reformat and/or loss of License within a three (3) year period). Additional resets will require a FEE (not to exceed the cost of a new FULL License). Premium License Protection provides two (2) assisted Serial Number Server resets for Hardware Crash/Reformat and/or loss of License within the License period (one year). Additional resets will require a FEE (not to exceed the cost of a new FULL License).

The SOFTWARE contains trade secrets and copyrighted materials. You may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, SELL, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF. Except as stated herein, this License does NOT grant you any rights to patents, copyrights, trademarks, trade names, (whether registered or unregistered) or any other rights, or licenses in respect to the SOFTWARE and its documentation.

You agree not to modify any of the SOFTWARE’s BINARY EXECUTABLE FILES or replace any of the SOFTWARE’s BINARY EXECUTABLE FILES with a modified version of the same. You agree to install and use the SOFTWARE using only authorized SOFTWARE installation package(s) provided by and originating from Fawkes Engineering Inc., or Freehand Graphics, Inc. You also agree not to remove or modify the NON EXECUTABLE files installed by the installation package at install time, and may only remove said files for purposes of completely uninstalling the SOFTWARE. Altering or removing any of the FILES installed by the installation package at install time may cause the SOFTWARE to function incorrectly or even cease to function.

YOU AGREE NOT TO RENT, LEASE, SUB-LEASE, SELL OR TRANSFER this SOFTWARE (Software License) to another user. “Another User” is defined as any person or company that is not the Original Licensee of Record. Ownership of the software remains with the Publisher. Acceptance of this END USER LICENSE AGREEMENT is confirmation of your acceptance of all TERMS of this Agreement. Sale/Distribution of this Software from parties other than Freehand Graphics, Inc. and its authorized AGENTS is NOT permitted.

This License is effective until terminated including the end of a time period license (subscription/membership). This License will be terminated immediately without notice from Freehand Graphics, Inc., or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the SOFTWARE, all accompanying written materials and all copies thereof, and Sections 4, 5 and 6 will survive any termination. Freehand Graphics, Inc. and Fawkes Engineering, Inc. retain the right to require proof that the User is the Original Purchaser of Record and reserve the right to Terminate the Use of the License at will.

Any License that’s use includes a time period will terminate upon the expiration of the time period. A one year License, for example, will expire after 365 days from date of purchase. It is the End User’s responsibility to maintain use through a License. If an Auto Renew option is selected then Freehand Graphics, Inc. will charge the credit card or specified payment method. If the payment is not accepted then Termination of the License will occur. Freehand is not responsible for any lapse in use and loss of business whether the lapse was foreseeable or unforeseeable.

All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, or text incorporated into the SOFTWARE) the accompanying printed materials and any copies of the SOFTWARE product are owned by Freehand Graphics, Inc. and Fawkes Engineering, Inc. or its suppliers, with all rights reserved.

Freehand Graphics, Inc. and Fawkes Engineering, Inc. warrants for a period of ninety (30) days from the original date of purchase, that; (i) the SOFTWARE as provided by will substantially conform to published specification for the SOFTWARE solely made by Freehand Graphics, Inc. and not its Agents/Dealers/Resellers. PUBLISHER’S entire liability and your exclusive remedy for any breach of the foregoing limited warranty will be at Freehand Graphics’ option, and not to exceed the refund of the License price.



This License is governed by the laws of the State of New York and the State of California. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. If you are a U.S. Government user, then the SOFTWARE and documentation are provided with RESTRICTED RIGHTS. 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 48CFR 52.227-19, as applicable.

Owner: Freehand Graphics, Inc. 4250 Veterans Memorial Highway, Suite 3040 W, Holbrook, NY 11741
Engineered for Freehand by Fawkes Engineering Inc., 130 Rancho Del Ray, Escondido, CA 92025

Rev 181101190625


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