Software License & Terms of Use

Last Updated: 01.12.2024

This Software License & Terms of Use (“Agreement”) applies to all software products, digital tools, code libraries, and related services (“Software”) offered by Tim Markus, operating under PixelNavigator (hereinafter “we,” “us,” or “our”). By purchasing, downloading, installing, accessing, or otherwise using our Software, you (“you” or “Customer”) acknowledge that you have read, understood, and agree to be bound by this Agreement.

Full Copyright:
The Software, including all associated source code, compiled code, scripts, images, designs, trademarks, trade names, and other intellectual property, is owned exclusively by Tim Markus. All rights not expressly granted to you in this Agreement are reserved by Tim Markus.

Exclusive Rights:
You understand and agree that your purchase or acquisition of a right of use for the Software does not grant you any ownership interest, title, or copyright in the Software. You receive only a non-exclusive, non-transferable, and revocable license to use the Software in accordance with this Agreement.

Permitted Use:
Your license to use the Software is limited strictly to personal or internal business purposes. You may install and run the Software on devices you own or control, solely for the purpose of utilizing the functionality intended by the Software.

Prohibited Activities:
You agree that you will not, directly or indirectly:

• Distribute, Resell, or Transfer: Reproduce, redistribute, transfer, sublicense, sell, or otherwise make the Software available to any third party.
• Copying or Duplication: Copy the Software, including any parts of its code, design, or documentation, except as strictly required for normal use.
• Reverse Engineering or Modification: Reverse engineer, decompile, disassemble, modify, translate, adapt, alter, or create derivative works of the Software in whole or in part.
• Public Display or Hosting: Host, display, or publicly make available the Software or its outputs, including through the internet or any public network, without express written permission.
• Bypassing Security: Circumvent or attempt to circumvent any security or access controls incorporated into the Software.

Any use of the Software beyond the scope of the granted license will be considered a violation of this Agreement.

We may, from time to time, provide updates, patches, bug fixes, or new versions of the Software. Unless accompanied by a separate license, any such updates are considered part of the Software and are subject to the terms and conditions of this Agreement. We reserve the right to change, modify, or discontinue the Software or any part thereof without prior notice or liability.

Access to and use of the Software may be subject to payment of fees as indicated at the time of purchase. All fees are due and payable in accordance with the pricing and billing terms presented to you. Refunds, if any, will be granted solely at our discretion and according to our posted refund policies.

Your license to use the Software terminates automatically upon any breach of this Agreement. Upon termination, you must immediately cease all use of the Software and destroy any copies you have made. Termination does not limit any other rights or remedies available to us at law or in equity.

As-Is Basis:
The Software is provided “as is” and “as available,” without any warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

To the maximum extent permitted by applicable law, in no event shall Tim Markus or PixelNavigator be liable for any direct, indirect, incidental, consequential, or punitive damages, including, but not limited to, loss of data, profits, or business opportunities, arising out of or related to your use of or inability to use the Software, even if we have been advised of the possibility of such damages.

You agree to defend, indemnify, and hold harmless Tim Markus and PixelNavigator, including our officers, employees, agents, and affiliates, from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your violation of this Agreement or your misuse of the Software.

This Agreement shall be governed by and construed in accordance with the laws of Malta (EU) without regard to conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts located in Malta for any dispute, claim, or action arising out of or related to this Agreement or your use of the Software.

We reserve the right to modify or update this Agreement at any time, with or without notice. Your continued use of the Software after any changes have been posted constitutes your acceptance of the new terms.

Questions or Concerns?
If you have any questions regarding these terms, please Contact Us. By using our Software, you acknowledge that you have read, understood, and agree to abide by this Agreement in its entirety.