Topaz, what up the change in the user agreement relative to automatically “re-upping” the subscription on a yearly basis? If that is the case it’s not acceptable, especially given that you did not announce it and seemingly “slipped it into the agreement”. This is a major change. at the very least you should have informed customers upfront. Given the advances in AI and potential for subsequent/new emerging programs you are doing yourself a disservice. This change, and the way it was done seems “underhanded” and given this I am now looking at other options.
I totally agree. There is also conflicting information posted on their website regarding ownership of the software.
This page (as of Sep 14th) Is Your Personal License Purchase A Subscription? | Account & Sales (topazlabs.com) says:
"Is Your Personal License Purchase A Subscription?
For personal usage, your purchase gives you a permanent user license for the current (and past) versions of the program(s) plus one year of additional updates.
You can buy additional updates in one-year increments, but you are not required to buy upgrades to continue using the version(s) you already own.
Professional or enterprise licenses are recurring subscription, separate from personal licenses. Please contact enterprise@topazlabs.com for these licenses."
And this page User Licenses and Upgrade Licenses | Account & Sales (topazlabs.com) says:
"User Licenses and Upgrade Licenses
Your user license for any Topaz Labs program gets you access to the current version, plus complimentary upgrades for one year.
After one year, you can continue using what you already own or purchase additional upgrades.
There’s no requirement to purchase upgrades and you can keep using the versions you own after your upgrades expire.
"
I’d say all current owners should get some clarification on what is going on here.
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Check. let’s hope they clarify soon. Might be a communication glitch between their lawyer and the C-suite. Hopefully so. But either way: pretty “sloppy”…
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I don’t see any issue here. It clearly states that personal licenses are perpetual with no need to buy further upgrades.
Professional and enterprise licenses are subscriptions. Do you have an enterprise license?
See the specific sections pulled from the EULA:
This is a copy of sections 11.1 and 11.2:
11.1. Term. This EULA and the license granted hereunder shall remain in effect for a period of twelve (12) months, commencing at the time You accept the terms of this EULA (the “Initial Term”). Following expiration of the Initial Term, (i) if You have payment information on file, the EULA will be automatically renew for successive twelve (12) month terms unless earlier terminated as set forth herein (each a “Renewal Term” and, together with the Initial Term, the “Term”); or (ii) if You do not have payment information on file, the EULA will automatically terminate. Upon renewal of the Initial Term and any Renewal Term thereafter, the Fees shall be the then-standard pricing for the applicable Software.
11.2. Termination. This EULA will terminate automatically without notice if You fail to comply with any of its terms and conditions. You may also terminate this EULA by ceasing to use and destroying all copies of the Software. Upon termination, the license granted hereunder will automatically terminate, You may no longer exercise any of the rights granted to You by the license, and You must destroy all copies of the Software in Your possession.
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Ps. there i conflicting information. In another thread “Dakota” from Topaz noted that some of the info is incorrect in the present EULA relative to ownership of the license and they will be clarifying
Some people here keep talking about software ownership. It’s important to remember that you don’t own anything.
When you pay for software, you’re only paying to use it based on the terms of the agreement. There is no implied ownership. This is pretty much a software industry standard.
From the Topaz Labs EULA (end user agreement)
“You acknowledge and agree that the Software is provided under license, and not sold, to You. You do not acquire any ownership interest in the Software.”
