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Neat Video v6 plug-in for Premiere:
License agreement

End-User License Agreement ("EULA") of Neat Video v6 plug-in for Premiere

The Neat Video v6 plug-in for Premiere software (“Software” hereunder in this agreement) and its supporting online services and materials including a user account on the product website (neatvideo.com), associated forum, blog, social network resources, technical support services, documentation, articles, tutorials, sample clips, scripts, benchmark and diagnostic tools, etc. (“Services”) together form a Neat Video product ("Neat Video" hereunder in this agreement) licensed under the terms and conditions of this EULA (“the Terms”).

This EULA is entered into by and between the licensee (“You”, “Your”), and the licensor namely NeatLab Pty Ltd (“NeatLab”).

 

By accepting the Terms (via a checkbox or button on the website of Neat Video or in the Software), obtaining a license for Neat Video, logging on to a user account on the product website, downloading, storing, copying, installing, loading, activating (registering), running, accessing, interacting with or otherwise using any part of Neat Video (“use Neat Video”) You are unconditionally consenting to be bound by and are becoming a party to this EULA. If You do not unconditionally consent to that, then You do not have any right to use Neat Video and You must immediately cease any use of Neat Video and delete all parts of Neat Video in Your possession. The acceptance by NeatLab is expressly conditioned upon Your assent to the Terms.

1. Grant of License

Upon payment of all applicable fees, Your acceptance of the applicable Purchase Terms and Conditions and Your acceptance of the terms of this EULA, NeatLab hereby grants You a time-unlimited, worldwide, non-exclusive, personal, non-sublicensable, non-transferable, revocable, limited right to use Neat Video that NeatLab makes available to You, and that You receive from NeatLab.

2. Ownership and Reservation of Rights

NeatLab reserves any rights not expressly granted to You in this EULA.

 

NeatLab (and its licensors, as applicable) shall own all right, title and interest in and to Neat Video including but not limited to any source code, scripts, images, photographs, animations, video, audio, music and text used to produce Neat Video, the accompanying documentation materials, articles, tutorials, and any copies of the Software.

 

NeatLab does not grant You any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to any part of Neat Video. You may not use NeatLab’s trade names, trademarks or logos in connection with any product or service offered or provided by anyone except NeatLab itself, or in any manner that is likely to cause confusion.

 

Neat Video is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

3. Product Editions and Licensing Terms

3.1. Neat Video may be produced in Demo, Home and Pro editions that have several functional differences and limitations described in the documentation of the product as well as the licensing differences and limitations described below in this Section:

 

  • Demo edition: a free edition that may be used for testing and evaluation purposes only;
  • Home edition: a non-free edition that may be used for non-commercial purposes only;
  • Pro edition: a non-free edition that may be used for commercial and other purposes.

3.2. The Demo edition of the Software is freely available for download on the website of Neat Video. The Demo edition does not require paying a license fee and does not assume creation of or access to a user account on the website of Neat Video.

 

3.3. The Pro (or Home) edition of Neat Video is only available after purchase of a corresponding Pro (or Home) license. Once a license for the Pro (or Home) edition of Neat Video is obtained, You receive a personalized user account on the website of Neat Video (“Your Account”), a personalized copy of the Pro (or Home) edition of the Software (“Your Copy”) and a personalized license for that edition of Neat Video (“Your License”). Your License specifies Your Name, Organization, Number of copies and Registration code(s).

 

3.4. When ordering a license for the Pro (or Home) edition of Neat Video, You choose the required number of copies of the Software. That number then appears in the Number of copies field in Your License. The Number of copies determines on how many computers You are allowed to install and use Your Copy of the Software and Your License:

 

  • A single-copy license (the Number of copies is one) allows You to install and use Your Copy and Your License on up to two computers (for example, a desktop and laptop) provided You are only running the Software on one of those computers at a time, not simultaneously on both;
     
  • A multi-copy license (the Number of copies is greater than one) allows You to install and use Your Copy and Your License on several computers, up to the Number of copies specified in Your License (counting one copy per computer).

If Your Copy of the Software and/or Your License is going to be used, or is currently used, or was at any moment used, on more computers than allowed by Your License, then You must ensure a purchase of an additional license for the corresponding number of additional copies.

 

3.5. You must at all times maintain the up-to-date lists of (a) all computers that have the Software installed and (b) all Your Copies and Your Licenses installed on each of those computers. You agree to provide those lists to NeatLab on request.

 

3.6. You are allowed to move Your Copy of the Software and Your License from an old computer to a new one when replacing computers. You can request the technical support of Neat Video to provide the instructions on how to complete such a move technically correctly and in compliance with the Terms.

 

3.7. Each version (including each major version and any of the minor version updates) of the Software has a specific set of technical requirements (listed in the documentation of the Software or on the website of Neat Video) including the supported operating systems and their specific versions, host applications and their specific versions, hardware parameters, driver versions, etc., and it may not work, partially or fully, if those requirements are not satisfied. It is Your responsibility to make sure You use a supported computer system and supported versions of the host application and drivers to run a specific version of the Software.

 

3.8. Depending on the edition of Neat Video, specific additional conditions apply:

 

Demo edition:

  • You may use the Demo edition of the Software for evaluation and testing purposes only. The Demo edition may not be used for any other purposes, unless You obtain the prior written consent from NeatLab.
     
  • The Demo edition may be used on any number of computers.
     
  • The Demo edition has several functional limitations (described in the documentation of the Software) including a visible watermark added to processed video. You may only use video materials processed by the Demo edition if You keep the watermark intact.
     
  • The Demo edition of the Software may be distributed unmodified provided any charge is to cover distribution costs only.

Home edition:

  • You may use the Home edition of the Software only if You have a valid license for that edition of Neat Video issued on Your name, unless You obtain the prior written consent from NeatLab.
     
  • You may use the Home edition of the Software for non-commercial purposes only. If You intend to use the Software for commercial purposes, then You must upgrade from the Home to Pro edition (that can be done via Your Account on the website of Neat Video).
     
  • You may use the Home edition of the Software on Your personal computer(s) only. The number of those computers is limited by the Number of Copies as described in the Section 3.4. To use Neat Video on more computers You must purchase an additional license for the corresponding number of additional copies.
     

  • The Home edition of the Software has several functional limitations (described in the documentation of the Software) as compared with the Pro edition. To lift those limitations You must upgrade from the Home to Pro edition (that can be done via Your Account on the website of Neat Video).

Pro edition:

  • You may use the Pro edition of the Software if You have a valid license for that edition of Neat Video issued on Your name, unless You obtain the prior written consent from NeatLab.
     
  • The Pro edition of Neat Video may be used for commercial and other purposes.
     
  • If You have obtained a license for the Pro edition of the Software for use in Your organization and the name of the organization is specified in the license, then You may install and use Your Copy of the Software on a limited number of computer(s) (as described in the Section 3.4) of the organization and also allow selected persons working for the Organization and authorized by You (“Authorized Users”) to run Your Copy of the Software on those computers once it has been installed and activated (registered) using Your License on those computers by You.
     

    However, You may not allow Authorized Users to access Your Account on the website of Neat Video, to download, store, copy, install, activate (register) Your Copy of the Software, to get and store Your License, unless the prior written consent is requested and obtained by You from NeatLab.

    You agree, on request of NeatLab, to provide to NeatLab the up-to-date list of all Authorized Users with their contact details and, on request of NeatLab, to confirm whether a specific person is or was one of Authorized Users.

    If You (and Authorized Users, collectively) intend to use, or currently use, or at any moment used Your Copy of the Software or Your License on more computers than allowed by Your License (as described in the Section 3.4), then You must ensure a purchase of an additional license for the corresponding number of additional copies of the Software.

    If Authorized Users have any technical questions related to the Software and its use, they should direct those questions to You and You may in turn contact NeatLab for assistance.

4. General Licensing Terms

The following general licensing terms apply.

You may:

  1. Log on to and use Your Account on the website of Neat Video.
     
  2. Download (and when necessary, re-download) Your Copy of the Software from Your Account, install Your Copy of the Software, activate (register) Your Copy using Your License, and run Your Copy of the Software, subject to the conditions of the Section 3.
     
  3. Create and store backups of Your Account’s logon credentials, Your Copy of the Software and Your License for disaster recovery purposes.
     
  4. Use Services offered by NeatLab as a part of Neat Video as long as You are a licensee of that product.

You may not:

  1. Share access to your Your Account with any other party without the prior written consent of NeatLab, except where expressly permitted by this EULA.
     
  2. Share Your Copy of the Software with any other party without the prior written consent of NeatLab, except where expressly permitted by this EULA.
     
  3. Share Your License with any other party without the prior written consent of NeatLab, except where expressly permitted by this EULA.
     
  4. Transfer or assign Your rights and obligations under this EULA to another party without the prior written consent of NeatLab.
     
  5. Sublicense, rent, lease, loan, host, give or allow access to, or sell any part of Neat Video including the content of Your Account and its logon credentials, Your Copy of the Software, and Your License, without the prior written consent of NeatLab, except where expressly permitted by this EULA.
     
  6. Distribute or disseminate any part of Neat Video including the content of Your Account and its logon credentials, Your Copy of the Software, and Your License, without the prior written consent of NeatLab.
     
  7. Copy, store, install, activate (register), run, access or otherwise use any product of NeatLab if that product requires a valid license while You do not have a corresponding valid license issued on Your name, except where expressly permitted by this EULA.
     
  8. Decompile, disassemble, reverse engineer, damage or circumvent the access control, functional limitation, licensing and copy protection mechanisms of Neat Video or any other product of NeatLab.
     
  9. Create, store, transmit, run or make available any content or code that contains any viruses, malicious code, malware, or any components designed to harm or limit the functionality of Neat Video.
     
  10. Decompile, disassemble, or otherwise attempt to reverse engineer the source code, data representations or underlying algorithms, processes, methods of Neat Video or any other product of NeatLab.
     
  11. Modify, port, adapt, translate, clone, create derivative works from or emulate Neat Video, or any other product of NeatLab, or any part of it, without the prior written consent of NeatLab.
     
  12. Use Neat Video, or any other product of NeatLab, or any content, data, output, or other information received or derived from Neat Video, to directly or indirectly create, train, verify, test, or otherwise improve any other system based on machine learning or artificial intelligence algorithms, without the prior written consent of NeatLab.
     
  13. Request, induce, hire, assist or allow any third party to perform any of the prohibited activities listed above.
     

5. Termination

You may terminate this EULA at any time by destroying Your Copy of the Software, Your License and all backups of those and notifying NeatLab about that by sending an e-mail message to the support e-mail address specified on the website of Neat Video.

 

Without prejudice to any other rights, this EULA and the rights granted hereunder will terminate automatically and immediately if You breach or fail to comply with any of the Terms, or act in a manner that clearly shows that You do not intend to, or are unable to, comply with the Terms. Breaching the Terms may also result in criminal or civil prosecution.

 

NeatLab may notify You about the termination of the EULA by sending an e-mail message to the e-mail address registered in Your Account or another Your e-mail address available to NeatLab.

 

Upon termination of this EULA, Your Account is terminated, Your License(s) is (are) revoked, and You must uninstall and remove all installed copies of the Software and any other parts of Neat Video from all computers, hard drives, backups, networks and other storage media and destroy any Neat Video licenses and downloaded copies of the Software in Your possession.

 

Upon termination of this EULA, the provisions of Sections 2, 6, 13, 16, 17, 18, 19, 20 and 26 shall survive.

6. Protection of Intellectual Property

You agree to keep Your License, Your Copy of the Software and logon credentials of Your Account confidential, secure and protected from access by any third party. You acknowledge that licenses, copies of the Software and user account credentials must be protected as NeatLab’s intellectual property and that any publication, sharing, distribution or any other failure to protect Your License, Your Copy of the Software or logon credentials of Your Account, either intentional or unintentional, causes damages to NeatLab. You agree that You will compensate NeatLab any such damages.

7. Product Activation

The Software requires adding Your License to Your Copy of the Software installed on a computer to activate (register) and enable practical use of the Software on that computer ("Activation" hereunder in this agreement). Activation is employed to confirm and enable the permitted use of the Software and to prevent, identify and restrict uses of the Software that are not permitted under the Terms or under applicable copyright regulations. For example, the required Activation prevents use of Your Copy of the Software by unauthorized persons who have no valid license for the product. Activation also allows to keep track of the computers where Your Copy of the Software and Your License are used.
 

You agree that NeatLab may utilize the Activation functionality to identify the computer(s) on which Your Copy of the Software and Your License are installed and used to confirm the permitted use of the Software and to identify, limit and restrict use of the Software that is not permitted under the Terms.

 

You further agree that if Your Copy of the Software or Your License is found to be used on more computers than allowed by Your License (as described in the Section 3.4), then You will, on request of NeatLab or on Your own initiative, promptly address this issue by ensuring a purchase of an additional license for the corresponding number of additional copies.

 

You also agree that if any product of NeatLab requiring a valid license is found to be used without a valid license on a computer that also has Your Copy of the Software or Your License installed, then You will, on request of NeatLab or on Your own initiative, promptly resolve this issue by ensuring a purchase of an additional license for the corresponding number of copies of that product.

 

The Activation functionality may use Internet connections to send to NeatLab the Activation information including the Neat Video product name(s) and version number(s), the Neat Video license(s) used for Activation, the version and type of the operating system(s) running the Software, the identification, hardware and network parameters of the computer(s) running the Software. You consent to such transmissions and if the Activation information cannot be transmitted to NeatLab electronically, then You agree, on request of NeatLab, to provide to NeatLab that Activation information collected from all computer(s) where Your Copy of the Software and Your License have been used.

8. Update Check

The Software includes functionality to check for available updates of Neat Video ("Update Check" hereunder in this agreement). The Update Check may be performed in the background without prior notification. To provide the relevant information about the current update that may be available for the Software, for the specific computer model, version of the operating system and hardware it is running on, the Update Check may transmit the corresponding parameters to NeatLab and receive the response specific to Your Copy of the Software and to the computer it is running on. The Update Check may display the received information about the available update and related comments in the interface of the Software when You use it and may offer You to download the latest update from the website of Neat Video. You do not have to download and install the update immediately. You can do that whenever You find convenient.

9. Update Policy

Minor version updates of the Software (for example, an update from v6.x to v6.y) may be released by NeatLab from time to time to optionally add new functions, change and improve existing functionality, add support and optimize the performance for specific hardware and/or resolve discovered technical problems.

 

Minor version updates of the current major version of Neat Video are free for You when you have a license for the current major version of the Software.

 

Neat Video’s Update Check may inform You about availability of a minor version update. You can then download the updated version of the Software from Your Account on the website of Neat Video. An installation of the new minor version of the Software will replace the older minor version.

 

Each minor update of the Software has a specific set of technical requirements (listed in the documentation of the Software or on the website of Neat Video) including the supported operating systems and their specific versions, host applications and their specific versions, hardware parameters, driver versions, etc., and it may not work, partially or fully, if those requirements are not satisfied. It is Your responsibility to make sure You use a supported computer system and supported versions of the host application and drivers to run a specific version of the Software.

 

Compatibility with an existing project based on the same major version of Neat Video usually remain unchanged within the same major version, unless explicitly stated in the documentation of the Software.

 

NeatLab normally releases many minor version updates during the life time of the current major version (for example, the version 6) of the Software. Once the next major version (such as the version 7) of the Software is released, further development of any new functionality in the previous major version (the version 6) stops and corresponding functionality updates are no longer released. The previous major version may still receive critical bug fixes and minor compatibility updates in certain cases.

10. Upgrade Policy

NeatLab continuously works on new major versions of Neat Video to add new capabilities, improve functionality, performance and compatibility with new versions of video editing applications and with new hardware.

 

Major version upgrades of Neat Video (such as for example, an upgrade from v6 to v7) are in most cases not free. If You have a valid license for an older major version of Neat Video, then You can purchase an upgrade to a new major version with discount using the upgrade offer available in Your Account on the website of Neat Video.

 

You are not required to upgrade when a new major version is released. You can continue to use Your previously purchased major version of Neat Video and not upgrade to a new one.

 

If You upgrade to a new major version, then You can continue to use Your previously purchased major version of Neat Video as well.

 

Each major and minor version of the Software has a specific set of technical requirements (listed in the documentation of the Software or on the website of Neat Video) including the supported operating systems and their specific versions, host applications and their specific versions, hardware parameters, driver versions, etc., and it may not work, partially or fully, if those requirements are not satisfied. It is Your responsibility to make sure You use a supported computer system and supported versions of the host application and drivers to run a specific version of the Software.

 

A newer major version of Neat Video may not work as a direct and equivalent replacement of an older major version, both in terms of operation within an existing project based on that older major version (since the host application may treat the new major version as a different video effect) and in terms of visual results it produces when using the same input data, due to improvements and changes in the image and video processing algorithms used in the new major version, new features, default settings, etc.

11. Technical Support

NeatLab may provide You with technical support related to Neat Video, at its discretion and for the sole purpose of addressing technical issues and questions related to the use of Neat Video.

 

NeatLab can offer such technical support by e-mail. You can send Your questions to NeatLab by e-mail or via the website of Neat Video.

 

NeatLab may also answer questions posed in the Neat Video forum or other forums and social networks where NeatLab is present.

 

The Software includes the Diagnostics functionality to collect and transmit to NeatLab the basic diagnostic information about Your Neat Video setup that may be required to help You in resolving technical issues arising when using the Software. This information may include the Neat Video product’s name and version number, the type and version of the operating system, the name and version of the host application running Neat Video, the settings, preferences and internal parameters of Neat Video, the identification, hardware and network parameters of the computer running the Software. Diagnostics may work in the background without prior notification. You consent to this transmission of the diagnostic information to NeatLab. NeatLab may use the received diagnostic information to diagnose and resolve technical issues You report to NeatLab and to improve the Software.

12. Internet Connectivity

Certain functionality, including Activation, Update Check and Diagnostics may require Internet connectivity. The Software may connect to the Internet in the background without prior notification. Downloading the updated versions of the Software and using the website of Neat Video with all online materials available there (such as user guides, quick start guides, tutorials, articles, examples, test tools, forum, blog, etc.) does also require Internet connectivity.

13. Your Feedback

You can submit questions, comments, suggestions and ideas ("Feedback" hereunder in this agreement) to NeatLab. Your Feedback shall be deemed non-confidential and non-proprietary. By submitting Feedback You give a permission to NeatLab to use Feedback in any way and for any purpose, commercial or otherwise, without any compensation or credit obligation to You or any third party.

 

You can also send media (such as video clips, images, photos, etc.) to NeatLab. By sending such materials you give a permission to NeatLab to use those for problem solving, debugging, testing and technical analysis purposes. NeatLab will treat such media as confidential and proprietary and will not use it for any unintended purpose without Your consent.

You can submit media (such as video clips, images, photos, etc.) to NeatLab for problem solving, debugging and technical analysis purposes. NeatLab will treat such media as confidential and proprietary and will not use it for any unintended purpose without Your consent.

14. Refund Policy

Neat Video is a try-before-buy product. You are responsible for verifying Neat Video compatibility, functionality and suitability for Your tasks by downloading, installing and testing the freely available Demo edition of Neat Video on the required computer(s) before You choose to order a license for the product.

 

You agree to report any encountered technical problem to NeatLab before You place an order for the product.

 

If You purchase a license for Neat Video and encounter a technical problem that is caused by a defect in Neat Video itself (as determined by NeatLab’s technical support) and that cannot be resolved by NeatLab’s technical support, then You may request to cancel and refund Your purchase within 30 calendar days from the purchase date. No cancellations are possible after that term. No other reasons for cancellation are possible.

 

The refund shall be limited to the amount received by NeatLab at the time of purchase, including any taxes. Any charges from third parties (including banks, credit card issuers, payment processors) will not be refunded. If You paid with funds in a currency different than those offered by the website of Neat Video or its reseller, then the refunded amount in the original currency may differ from the original payment due to exchange rate fluctuations and currency conversion charges levied by third parties.

15. Acceptance

When You place an order via the website of Neat Video or via any of NeatLab’s resellers, Your order constitutes an offer to purchase a license for Neat Video. Your order is subject to NeatLab’s acceptance. NeatLab reserves the right to review, screen and accept or not accept any order for any reason (including security concerns, presence of incomplete, misleading or false information, etc.) at NeatLab’s sole discretion and without further liability.

 

Buyer’s conditions of purchase shall be deemed not applicable unless expressly accepted by NeatLab in writing.

16. Limitations

YOU MAY NOT REVERSE ENGINEER, DECOMPILE OR DISASSEMBLE NEAT VIDEO, EXCEPT AND ONLY TO THE EXTENT EXPRESSLY PERMITTED BY APPLICABLE LAW. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON NEAT VIDEO OR ANY PART THEREOF.

17. Restricted Uses

NEAT VIDEO IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, MILITARY EQUIPMENT, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF NEAT VIDEO COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

18. Warranty Disclaimer

NEAT VIDEO IS PROVIDED “AS IS”. NEATLAB MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND NEATLAB EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, NEATLAB DOES NOT WARRANT RESULTS OF USE OR THAT NEAT VIDEO IS BUG FREE OR ERROR FREE OR THAT ITS USE WILL BE UNINTERRUPTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS EULA. ALL THE FOREGOING DISCLAIMERS ALSO APPLY IN FULL WITH RESPECT TO NEATLAB’S LICENSORS, SUPPLIERS, DISTRIBUTORS, CONTRACTORS AND AGENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE WARRANTY DISCLAIMER MAY NOT APPLY TO YOU.

19. Limitations of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL NEATLAB BE LIABLE TO YOU OR ANY OTHER PERSON (I) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER OR (II) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. NEATLAB’S LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO NEATLAB, EXCEPT WHERE NOT PERMITTED BY APPLICABLE LAW, IN WHICH CASE NEATLAB’S LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY SUCH APPLICABLE LAW. YOU AGREE THAT NEATLAB AND ITS LICENSORS, DISTRIBUTORS, CONTRACTORS AND AGENTS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY USE YOU MAKE OF NEAT VIDEO. ALL THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF NEATLAB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. ALL THE FOREGOING LIMITATIONS ALSO APPLY WITH RESPECT TO NEATLAB’S SUPPLIERS, LICENSORS, DISTRIBUTORS, CONTRACTORS AND AGENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OF LIABILITY AND EXCLUSION MAY NOT APPLY TO YOU.

20. Severability

If any part of this EULA is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining parts of this EULA will remain in full force and effect.

21. Force Majeure

Neither party will be liable to the other for any delay or failure to perform any obligation 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, as well as decisions, actions, inaction or failures of the relevant governments, institutions or 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.

22. Assignment

This EULA is not assignable, transferable or sublicensable by You except with NeatLab’s prior written consent. NeatLab may transfer, assign or delegate this EULA and its rights and obligations hereunder without Your consent.

23. No Waiver

No failure or delay by NeatLab in exercising its rights or remedies shall operate as a waiver unless made by specific written notice. No single or partial exercise of any right or remedy of NeatLab shall operate as a waiver or preclude any other or further exercise of that or any other right or remedy.

24. Entire Agreement

This EULA constitutes the entire agreement between You and NeatLab with respect to Neat Video, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the EULA’s subject matter.

25. EULA Changes

NeatLab may update this EULA from time to time. Updates will be reflected by the EULA Effective Date. Every version of Neat Video will remain licensed under the Terms in effect at the software version's release date.

26. Governing Law and Jurisdiction

This EULA shall be governed by the laws of Australia and state Queensland of Australia. Any action or proceeding brought to enforce the Terms or to adjudicate any dispute arising hereunder shall be brought in the courts of Australia and You hereby irrevocably submit to the jurisdiction of such courts for the purpose of such action, suit or proceeding.

 

Effective Date: 24 January 2025