URBAN TURTLE END-USER SUBSCRIPTION AGREEMENT

By agreeing to use any of Studio Pyxis, Inc. software products, you agree to comply with the terms of this general End-User Subscription Agreement (“EUSA”) where no specific agreement is in place between Pyxis Studio, Inc. and the user of the Software. If you do not agree to the terms of this EUSA, do not subscribe or use the Software. This EUSA applies to any upgrades and supplements to the original Software provided.

  • 1. The Software is owned and copyrighted by Studio Pyxis, Inc. (“Pyxis”). The Software is obtainable via Subscription and is not sold, and only on the terms of this EUSA. Acceptance and use of the software indicates your acceptance of the terms and conditions of this EUSA. 
  • Upon receipt of payment of the Subscription Fee, you will acquire the right to use the Software. You assume responsibility for use and results obtained from the Software. 
  • 2. In consideration of your acceptance of the terms and conditions contained in this EUSA, Pyxis grants you a non-exclusive Subscription to use the Software and any associated documentation for your own needs. You are not allowed to rent, lease, transfer or distribute the Software. 
  • 3. Title and copyright to the Software, including code, media and documentation, remain with Pyxis. You may not copy, reproduce or make data transmissions, in whole or in part, except as is necessary for back-up or archival purposes. You may not reverse engineer, translate, disassemble or decompile the Software, in whole or in part. 
  • 4. An available re-occurring Subscription Fee is provided online. Failure to maintain your Subscription will lead to termination of accessibility of the Software. 
  • 5. The Subscription is effective upon Subscription Fee payment and shall continue until expiration. You may terminate it at the time of renewal. Pyxis has the right to terminate this Agreement if you fail to comply with any term or condition of this EUSA. Upon termination you shall stop all use of the Software. 
  • 6. Copyright and confidentiality of the Software will survive any termination of this EUSA in perpetuity. 
  • 7. Pyxis warrants for a period of 15 days from the date of the Free Trial that the Software will perform the functions of the Software as set out in any Pyxis Software Reference Material in effect on the date of delivery.
  • Except for the warranty stated herein, Pyxis disclaims all warranties with regard to the Software, including the implied warranty of merchantability and fitness for a particular purpose. 
  • Some Countries/States have laws which require warranty and liability rights different from those stated herein. In those areas the required warranty and liability terms will apply. 
  • 8. Pyxis’ entire liability and your exclusive remedy is limited to your Subscription Fee. 
  • In no event will Pyxis be liable for any loss of profits, loss of use, or indirect, special, incidental or consequential damages in any way related to or arising out of the use of the Software. Pyxis’ maximum liability shall in no event exceed the amounts paid to Pyxis for the Subscription. 
  • 9. The prevailing party in any action or proceeding between Pyxis and End-User Subscriber arising out of or related to this Agreement shall be entitled to recover reasonable legal fees and costs, including lawyers’ fees, which may be incurred. 
  • 10. This Agreement shall be construed and enforced in accordance with the laws of the province of Quebec, Canada and each party agrees to be subject to those relevant laws. 
  • Copyright law protects the Software and any accompanying documentation.
  • It is understood and acknowledged that Pyxis has the absolute right to obtain injunctive relief to protect Pyxis’ proprietary rights. 
  • By using the Software, you further agree that this is the complete and exclusive statement of the Agreement which supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of this EUSA. 
  • If any provision of this Agreement is held to be invalid or unenforceable the remaining provisions will not be affected.