all good - we are going to update our CLI docs to show the aliases and the corresponding AI model names for better reference
but the Ai model Lines should be “aliases”: [“lines”, “compression”]
and Art & CG is “aliases”: [“art”, “cg”, “cgi”]
The new features might look good, but I want to see the terms and conditions from Gigapixel as of August 2022, which is the last time I updated. Were there any commercial limitations back then? It’s outrageous to think that if I licensed a commercial image from an artist, I now need to upgrade to the pro version just to upscale it. Please share End user terms and conditions from Aug 2022. the fact that I cant find this info is also upsetting. its not in software itself… or install files or on website
1 Like
Hi, here’s the link for terms and conditions
that is the current terms and conditions… but they have changed since August of 2022. please share the previous version.
1 Like
1 Like
The current TOS says:
Personal and Commercial Licensing:
Personal Licensing: The Software when directly purchased from the website under a personal license is solely intended for personal or limited commercial use. Commercial usage of the Software includes but is not limited to generation and distribution of content for game or media assets, paid distribution on video platforms or stock photo platforms, advertising, publication, or printed media. Commercial usage that contributes to annual revenue exceeding $1 million requires a commercial license.
Commercial Licensing: For publication or distribution of the media outlined above, a commercial license is required. For commercial licensing of the Software, please contact Topaz Labs LLC at enterprise@topazlabs.com.
The first part makes it seem like you only need the commercial license if your revenue is >$1 million (so does a chart somewhere), but the the 2nd part “commercial licensing” seems to make it seem like a commercial license is necessary to use it commercially. Also about the first part - if we upscale something for a buyer that’s used in an image or video given to a buyer, how will we know about the buyer’s annual revenue (if that’s applicable to the Topaz license)? Or is the license just about our revenue not the buyers’ we might do work for?
I don’t see how they can legally change the TOS about using software (either Gigapixel or Video AI etc) after the users bought a lifetime license with it, when I don’t remember seeing anything that said it couldn’t be used commercially.
In the archive.org there’s no archived page of End User License Agreements | Topaz Labs before 2024 so it seems like a brand new page. If Topaz is going to make it extremely costly with commercial licenses to use the software for commercial use, then people will likely use other cheaper/open source software instead. eg. if Topaz are allowed to disallow commercial use even after people bought a lifetime license which said nothing about it not being able to be used commercially then it seems like a lot of wasted money really for Topaz users who have been very misled.
2 Likes
Can somebody tell me, i have Topaz photo ai. Topaz photo ai have the same upscaling as gigapixel? Or better to use only gigapixel if i want enchace pc size?
Hello again. Here’s a way to find the Licence Agreement / Terms and Conditions before 2024
Click on this link for the Topaz Gigapixel AI Release page Topaz Gigapixel AI - Topaz Community
You will see a box containing three previous releases however, if you scroll down you will find older releases dating back to version 4.5.0 dated April 9th 2020.
I have provided the link to this version for Windows and Mac below
Download this or any version you like, then start the install (don’t panic you’re not going to install this version on your computer, just start install only).
The install will stop at Licence Agreement Terms and Conditions, now it’s a case of simply highlighting the text, then copy and past that text into a word document.
Don’t forget to cancel the install
Hope this helps
1 Like
This was the license to Topaz Gigapixel 5.4.5 that I installed and that I think all the others up to my current version were installed using the “upgrade” option. I don’t have the very latest but I’m also concerned about licenses and if I can use any Topaz product for any commercial use.
This is what the license agreement at the start of installation of Topaz Gigapixel 5.4.5 says:
TOPAZ LABS END USER LICENSE AGREEMENT
NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE TOPAZ LABS SOFTWARE PROVIDED WITH THIS AGREEMENT (THE “SOFTWARE”) CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. USER’S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.
LICENSE GRANT. Topaz Labs LLC grants you a license to use ONE (1) copy of the version of this SOFTWARE on any TWO (2) computers for as many licenses as you purchase. This license is only valid for a single user and may not be shared between individuals. “You” means the company, entity or individual whose funds are used to pay the license fee. “Use” means storing, loading, installing, executing or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE’s programming features. When you first obtain a copy of the SOFTWARE, you are granted an evaluation period of not more than 30 days, after which you must pay for the SOFTWARE. This license is not transferable to any other system, or to another organization or individual. You are expected to use the SOFTWARE on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This “try before you buy” approach is the ultimate guarantee that the SOFTWARE will perform to your satisfaction.
OWNERSHIP. The SOFTWARE is owned and copyrighted by Topaz Labs LLC. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.
COPYRIGHT. The SOFTWARE is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of Topaz Labs LLC and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
REVERSE ENGINEERING. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part.
NO OTHER WARRANTIES. Topaz Labs LLC DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. Topaz Labs LLC DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL Topaz Labs LLC OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF Topaz Labs LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Topaz Labs LLC’ LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
DISTRIBUTION
You are hereby granted to make as many copies of the SOFTWARE as you wish and distribute it to anyone provided that all files are intact. The REGISTRATION KEY you may have obtained is not part of the SOFTWARE and therefore CANNOT be distributed. You must distribute the install form of the SOFTWARE(you must distribute the self-extracting archive file, not the files resulting of an installation). You are not allowed to sell the SOFTWARE(except for shipment and handling charges). You are authorized to distribute it on any Cover Disk, CD-ROM without permission from Topaz Labs LLC. Catalog Web sites are authorized to distribute it as a download file (hosted or linked to the Topaz Labs site) without permission from Topaz Labs LLC.GOVERNING LAW. This license will be governed by the laws of the State of Texas as they are applied to agreements between Texas residents entered into and to be performed entirely within Texas . The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
ENTIRE AGREEMENT. This is the entire agreement between you and Topaz Labs LLC which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.
No restriction on commercial use is mentioned in that. “Commercial use” isn’t mentioned in it at all so I assume it’s free to use commercially - and the current version that I have (not the very latest) - unless that agreement started restricting commercial use. If it did change to add more restrictions I assume I could re-install that old version and then be allowed to use it for potential commercial use (unless Topaz can legally change the TOS for past purchases to restrict them, which seems very unfair and to users if they can).
I’ve emailed Topaz for info on the licenses (including of those I have software versions of) and commercial use though so hopefully they can clarify.
I cannot get the installer to update to 7. 3. 0. Upon installation the .exe refuses to open the application!
Hi, Commercial Use.
Publication or distribution of the media for companies with annual revenue exceeding $1 million requires a commercial license.
Unless the above applies to you, I would assume you are free to use the software commercially
1 Like
Thanks. Topaz have said:
Regarding the license agreements, the terms you accepted at the time of each installation will still apply to those versions
So I don’t think I’d have to worry about the change in license about commercial use if I just keep the ones I have that were before this change as far as I know (though they haven’t given me the license tet for those versions even though I asked).
The thing is - since I edit videos for other buyers then if I bought the latest version with those new restrictions then that might restrict what the buyer could do with the video and therefore whether I could edit their video. Like I don’t know if I’d have to check the turnover for each buyer - which seems odd to ask buyers.
Hi, it doesn’t apply to your clients revenue, it applies to your annual earnings.
If your yearly earnings exceed One Million Dollars then you would need a Commercial Licence
1 Like
