Topaz Photo AI v3.2.1

Photo AI Releases
67

Writing here to notify that there will be an update to the EULA with clarified terms to address some of these concerns that will be released with the upcoming TPAI v3.2.2 patch as well as the next Gigapixel patch and Video AI patch.

You can see the updated EULA terms linked here:
https://topazlabs.com/eula

Cheers,

Dakota Wixom
Product Manager
Topaz Labs

7 Likes
68

Thank you very much for the fast response and clarification
Dakota.Dixon.

Peace
Marvin

1 Like
69

Thanks for the link.
Could someone give an example of “limited features” if you decide not to upgrade?

“Usage of the software under a perpetual license will continue to be covered under the EULA and usage of the software will be allowed even after expiry of the Initial Term, however the user will not be able to update versions of the software released outside of the Term; this may limit usage of certain features or customer support capabilities and Topaz may not fully support certain superseded app versions or features due to technical limitations.”

70

The EULA is still not very clear on recurring payments.

For example, if you are a Personal User and you have payment information on file, then at the end of your software term, are you automatically charged for the next version/update (similar to a magazine subscription)? Are you notified in advance?

Basically, the EULA is poorly worded. It seems it would be better to have two EULA’s rather than one that tries to cover everything.

2 Likes
71

Hello - no sir, you will not be charged for a recurring purchase if you only buy a one-time “perpetual” license seat. This is now very clear in the EULA.

At the end of your 1 year period of updates you may purchase a renewal or upgrade license, the same as before. There is no change here.

There may also be other products you can purchase which could have recurring payment terms, or other license arrangements which are recurring such as Gigapixel Pro. But rest assured, the perpetual standard offering will remain like before.

1 Like
72

Mike - Think of API-driven features such as Gigaprint which may require app version upgrades to access due to technical limitations.

Hope that helps clarify things.

Cheers

73

Thanks Dakota for the clarifications. I appreciate all the interaction and information you give here.

1 Like
74

Absolutely! Glad I can help here.

We are making this EULA change so that we can deliver more exciting things to you all. I can’t wait to show you what we’ve been working on!

75

I am looking forward to seeing them. :slight_smile:

2 Likes
76

I can’t imagine any sane person agreeing to this.

While some details were clarified to the minimum possible extent to assuage the concerns of some users, it sure looks like the type of agreement to avoid.

  1. I’m not sure if this one is worse, or the same but under “Indemnity”:

I am not a lawyer, but it appears to say that if someone sues Topaz in relation to my use or misuse of the product
 Not only am I responsible for any losses or costs incurred by Topaz, but they can defend or settle the case as they please, and still keep me responsble for what they determine. Who would agree to that? If I am misunderstanding this, please explain.

  1. The section about “Publicity Righs” remains unchanged. It says "Publicity Rights.

You hereby grant Topaz the right to use Your name or your organization’s
name, logo, or trademarks in any advertising, publicity, marketing, or other promotional
materials or activities (“Publicity Rights”)."

Then it says those with “Professional Licenses”, which are expensive subscriptions can opt-out. Any of the rest of us would have to delete all copies of the software and stop using it. I DO NOT great this right to Topaz!

  1. What appears to be the final and perhaps worst insult is near the end in a section called “Ammendment.” As I understand this, they can change the terms, and you are bound by them unless you delete stop using and delete all copies of the software. Is it my imagination, or does this mean they can change the rules anytime and I would be bound by it, even without downloading or installing a new version. Again, why would I do that?

If my reading of the legalese is incorrect, please let me know, but parts of this seem very clear and vary bad.

Don’t get me wrong – Topaz has some excellent software, but others make similar things and are catching up in many ways, and ahead in some. I hope there is a way to stay with Topaz, but at the moment, old versions, ON1 and DxO are looking better and better.


Sam

2 Likes
77

Daniel,

Do you see the words Topaz Photo AI v.3.2.1 on the top of this discussion page (in bold)?

If you look just below that bolded text there should be pale gray text that reads “Topaz Photo AI” & “Releases”.

If you click on that pale gray Topaz Photo AI it should bring up a list of the 3 most recent releases. You should be able to go back to 3.2.0 with one of those installers. BUT, I recommend you uninstall your 3.2.1 before you re-install 3.2.0 (just to be on the safe side). You typically don’t have to uninstall to move forward, but generally when going back it’s a good idea.

It might not be a bad idea to download the installers as they are rolled out and keep a few on hand (aka, on your computer) as “insurance” in case you want to roll back and don’t want to hassle finding an installer prior to the most current three. Just a thought.

Good luck.

1 Like
78

That sounds like Adobe’s subscription plan. It is auto-renew for their comprehensive suite of feature-rich products. They notify subscribers 2 weeks in advance of the renewal date.

1 Like
79

Thx.

Why are sections 7 & 8 all in CAPS? Did a current US presidential candidate author those sections?

Not only does it appear to be yelling, but makes the text more difficult to read


80

I’ve wondered that myself. I believe it’s an unfortunate byproduct of a certain legal code requiring some text to be sufficiently conspicuous.

1 Like
81

As written, the perpetual license in the EULA will still allow you to hold an indefinite license to a version of our software like we always have with a single non-recurring payment. If we were to implement an auto-renewal or subscriptions in the future for our 3 main apps, it would be optional/opt-in.

1 Like
82

Hey Sam - you are actually reading an example of this - an amendment to the EULA in order to address needed updates, with some of it even based on your feedback. We will be providing this updated EULA in the next patch for Photo AI, and that’s the mechanism that is written about.

I can’t address every concern or interpretation for every line in the EULA in this thread but I’ll look at publishing an FAQ in a future thread as someone above had suggested.

All the best,

Dakota Wixom
Product Manager
Topaz Labs

1 Like
83

I was about to download the program when I read your warning. I will not agree to this either. I am very disappointed with topaz.

2 Likes
84

Yes, along with a notification, that would be in line with California and US Federal law(s).

2 Likes
86

Why does this seem ominous to me? I’m wondering why would you have to change a EULA to add features? Just curious.

2 Likes
87

That sounds reasonable,

I hate the Adobe subscription plan.

I preferred buying the boxed releases I wanted. They were annual & I didn’t feel the need to get each one b/c they skewed to different target audiences. If more feature rich for illustrators one year, I’d skip it. If robust, helpful new features for photographers I’d get it. Generally worked out to every other year. I still don’t install every Ps interim release. Especially since I always research for serious Win issues 1st.

And, they’re clearly going in the direction of dummying down Ps & adding all sorts of “training wheels” features that seem as though they should be in Ps Elements.

1 Like