# License Agreement

**FX Marker Pro License Agreement**

This License Agreement ("Agreement") is a legal agreement between you ("End-User" or "You") and IGrey Post ("Licensor") for the use of FX Marker Pro, including any associated updates or services (collectively, the "Licensed Application"). By downloading or using the Licensed Application, You agree to be bound by the terms and conditions of this Agreement.

**Table of Contents**

1. The Application
2. Scope of License
3. Licensing Model
4. Technical Requirements
5. Maintenance and Support
6. Use of Data
7. User-Generated Contributions
8. Contribution License
9. Liability
10. Warranty
11. Product Claims
12. Legal Compliance
13. Contact Information
14. Termination
15. Third-Party Terms and Beneficiaries
16. Intellectual Property Rights
17. Applicable Law
18. Miscellaneous

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#### 1. The Application

FX Marker Pro ("Licensed Application") is designed to filter and create Avid Markers for different types of effects used in an edit timeline within Avid Media Composer, simplifying the process of identifying and navigating to specific effects.

The Licensed Application is not compliant with industry-specific regulations (e.g., HIPAA, FISMA). If your use of the Licensed Application would be subject to such laws, you may not use this Licensed Application.

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1. **The Application**\
   FX Marker Pro ("Licensed Application") is designed to filter and create Avid Markers for different types of effects used in an edit timeline within Avid Media Composer, simplifying the process of identifying and navigating to specific effects. The Licensed Application is not compliant with industry-specific regulations (e.g., HIPAA, FISMA). If your use of the Licensed Application would be subject to such laws, you may not use this Licensed Application.
2. **Scope of License**\
   2.1. **License Grant**: You are granted a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on devices that You own or control, as permitted by the applicable usage rules.\
   2.2. **Updates**: This license also covers updates provided by the Licensor, unless accompanied by a separate license.\
   2.3. **Restrictions**: You may not share, sell, rent, lease, redistribute, or sublicense the Licensed Application. You may not reverse engineer, disassemble, or create derivative works of the Licensed Application, except as permitted by law.\
   2.4. **Copying**: You may create backup copies of the Licensed Application only as permitted by the applicable usage rules. All copies must retain the original copyright notices.\
   2.5. **Prosecution**: Violations of the above restrictions may result in legal action and damages.\
   2.6. **Modification of Terms**: Licensor reserves the right to modify the terms and conditions of this Agreement.\
   2.7. **Third-Party Terms**: You must comply with applicable third-party terms when using the Licensed Application.
3. **Licensing Model**\
   3.1. **FX Marker Pro Individual:** This license allows installation and use on a single workstation.\
   3.2. **FX Marker Pro Studio:** This license allows installation and use on up to five workstations. It is suitable for small teams or multiple installations.\
   3.3. FX Marker Pro Enterprise: This license is customizable based on your needs. Please contact us to discuss specific requirements and terms.\
   3.4. **Compliance:** You are required to adhere to the licensing terms based on the type of license purchased. Non-compliance may result in termination of the license and other legal actions as described in this Agreement.
4. **Technical Requirements**\
   4.1. **Updates**: Licensor attempts to keep the Licensed Application updated to comply with new firmware and hardware. You are not entitled to updates.\
   4.2. **Responsibility:** It is Your responsibility to ensure that your device meets the technical specifications for the Licensed Application.\
   4.3. **Modifications:** Licensor reserves the right to modify technical specifications as necessary.
5. **Maintenance and Support**\
   5.1. **Responsibility:** Licensor is solely responsible for providing maintenance and support for the Licensed Application. Contact Licensor at info@igrey.co.uk for support.\
   5.2. **No Obligation:** The services store operator has no obligation to provide maintenance or support for the Licensed Application.
6. **Use of Data**\
   Licensor may access and use your downloaded content and personal information as described in the Licensor's Privacy Policy ([https://igrey.co.uk/privacypolicy.html](https://igrey.co.uk/privacypolicy.html)). Licensor may collect technical data to improve products and provide services, ensuring that such data does not personally identify you.
7. **User-Generated Contributions**\
   The Licensed Application does not support user-submitted content. If you provide contributions (e.g., text, images, suggestions), they must comply with all legal requirements and the Licensed Application's terms. You retain ownership of your contributions, but grant Licensor a license to use them.
8. **Contribution License**\
   By submitting feedback or contributions, you grant Licensor the right to use, share, and process such feedback without compensation. You retain ownership of your contributions.
9. **Liability**\
   9.1. **Limitation:** Licensor's liability is limited to intent and gross negligence. For breaches of essential contractual duties, liability is limited to foreseeable, typical damages. This limitation does not apply to personal injury.\
   9.2. **Data Loss:** Licensor is not responsible for data loss. You must maintain your own data backups.
10. **Warranty**\
    10.1. **Malware-Free:** Licensor warrants that the Licensed Application is free of malware at the time of download and functions as described.\
    10.2. **Exclusions:** No warranty is provided for issues caused by unauthorized modifications or external factors.\
    10.3. **Inspection:** Report defects within 30 days of discovery to info@igrey.co.uk.\
    10.4. **Remedy:** If a defect is confirmed, Licensor may choose to repair or replace the Licensed Application.\
    10.5. **Refund:** No refunds are available for the Licensed Application. If you encounter any issues with the Licensed Application, please contact support for assistance.
11. **Product Claims**\
    Licensor is responsible for addressing claims related to the Licensed Application, including product liability, legal compliance, and consumer protection claims.
12. **Legal Compliance**\
    You represent and warrant that You are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and are not on any US Government list of prohibited parties.
13. **Contact Information**\
    For inquiries, complaints, or claims regarding the Licensed Application, contact IGrey Post at info@igrey.co.uk.
14. **Termination**\
    This license is effective until terminated by You or Licensor. Your rights under this license will terminate automatically if You violate any terms of this Agreement. Upon termination, You must cease all use and destroy all copies of the Licensed Application.
15. **Third-Party Terms and Beneficiaries**\
    Licensor will comply with applicable third-party terms when using the Licensed Application. Third-party beneficiaries, as defined in the applicable usage rules, have the right to enforce this Agreement against You.
16. **Intellectual Property Rights**\
    Licensor is responsible for addressing claims that the Licensed Application infringes third-party intellectual property rights.
17. **Applicable Law**\
    This Agreement is governed by the laws of England and Wales, excluding its conflict of law rules.
18. **Miscellaneous**\
    18.1. **Severability:** If any term is invalid, the remaining provisions remain in effect. Invalid terms will be replaced with valid ones that best achieve the original intent.\
    18.2. **Amendments:** Changes to this Agreement must be in writing. This requirement can only be waived in writing.

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