Does EULA specify expressly that perpetual license is not revocable by Topaz changing its policy?
2 Likes
The new price for one year of updates is outrageous!
Especially when I consider that quite a few updates are misses.
No more feedback from me for this price.
@Topazlabs: what will you pay a beta tester in the future?
Sorry to hear that Erma. No, we wonât pay for Beta testers.
To be clear - you always get 1 year of free updates with every license purchase. Auto-renewals are for the following year when your license expires.
All the best,
Dakota Wixom
Hey Michael - no, I donât think that language would even make sense because itâs not part of the license structure laid out in the EULA. The only way the license is ârevokableâ in that sense is if the terms of service are breached under the termination clause. Itâs a perpetual license.
Almost every EULA as far as Iâm aware would require the ability for the company to amend/update the EULA, as we have done so already. Thatâs the reason for the amendment section.
All the best,
Dakota Wixom
Can we put that eula stuff to another thread?
12 Likes
Did you read the 1st item in the Changelog at top of this Discussion thread with explanation from Dakota that discussed key elements of the EULA rev?
Hi. What about this section. I donât see that personal users can opt out. Right? What about privacy?
15.3. Publicity Rights. You hereby grant Topaz the right to use Your name or your organizationâs
name, logo, or trademarks in any advertising, publicity, marketing, or other promotional
materials or activities (âPublicity Rightsâ).
15.3.1. Revocation of Publicity Rights. If You wish to revoke the Publicity Rights, You may do
so in accordance with the following applicable provision:
15.3.1.1. Personal License. If You have a Personal License to the Software, You
may revoke the Publicity Rights by terminating the EULA in accordance
with Section 11.2.
15.3.1.2. Professional License. If You have a Professional License to the Software,
You may revoke the Publicity Rights by contacting Topaz at
enterprise@topazlabs.com (âNotice of Revocationâ). Upon receipt of
such Notice of Revocation, Topaz will cease the use of Your name, logo,
or trademarks within thirty (30) days; provided, however, such Publicity
Rights shall continue with respect to any advertising, publicity, marketing,
or other promotional materials or activities already in distribution or
production.
3 Likes
I agree 100%. This is suppose to be a technical forum. Maybe move this EULA discussion to the General Forum
2 Likes
At the time I asked the question, there was no information there. The post was subsequently updated.
1 Like
That is true, it was added recently.
Hello.
This is on Topaz, as it states in the revised EULA, that any of Topaz changes to the EULA will be appended to the installer (update), ect.
So, this revised EULA IS part of the update in this thread for discussion / feedback, for the revised EULA for v3.2.2 patch update.
READ YOUR EULA⊠CAREFULLY!
1 Like
Iâm not going to unleash any TRUE facts⊠yet⊠(Iâm still waiting for Topazâs power-ups to address an official PA)âŠ
But I will say this, though⊠WORDING matters A LOT in this thread!
1 Like
I approached Topaz Support with the question of auto-renewal, still having a perpetual license when discontinuing the subscription and how payments are to be made, since I didnât quite understand the mechanics of it all . This is what they said in the reply:
" Signing up for the auto-renewal will include putting a valid form of payment on file, so that when your active upgrade plan expires on 2/28/2025, you will be charged the renewal price. Then it will repeat yearly until you decide to cancel it.
If you discontinue the updates, you will permanently own any version of the app released under an active upgrade plan and can use it ! 
"
I donât like the idea of having payment information on file but if one agrees to that condition, yearly renewal is at a discount. If one doesnât, they pay the full yearly service fee. So, itâs everyoneâs choice.
2 Likes
I wonder what happens if you opt in now to enjoy the added discount, and then opt out (to get your payment info deleted) after having the payment processed when your current year runs out? Then, when youâre getting close to the next renewal just opt in again for a couple of days?
It might not be morally correct thing to do, but unless thereâs something added âunder the hoodâ on the Topaz servers it would be a way to save the difference and not keeping your payment details on file for a full year?
(maybe this I shouldnât have posted this potential loophole in the open⊠
)
Ladt day to opt in is 2 Oct so your plan might not work .
That might work or not. But mostly, once you surrender information, itâs a done deal.
No, last day to get the extra discount is Oct 2nd as far as I understand.
Otherwise the autorenewal thing would be rather pointless aa anyone discovering Topaz in say 6 months would never be offered to âenrolââŠ
Dakota. Thanks for your efforts to clarify the changes to the EULA, Much appreciated. Given the changes and the legal lingo which the average lay person would not be able to parse and the the âbrewhaâ this has caused. It might behoove Topaz to be more âupfrontâ about such changes, maybe in the change-log etc. . Clearly this has caused a lot of consternation and confusion relative to the ability to keep/use the program after the 1 yr period if one does not renew. While it may not have been Topazâs intention to âslip some of the changes inâ ; when altering language that people might perceive change some of your key marketing claims it might behoove Topaz to take extra pains to be clear about what those changes actually mean. This would save the customers anxiety and you a lot of time having to reassure them on these points. Just a thought. Again, thanks for your time and efforts to sort through this. Truly appreciated. P
1 Like
When I said, âsee former sales pitch free updates foreverâ, I was referring to the original, legacy Topaz products which were indeed offered with free, unrestricted updates for the individual apps. The bundles were maybe handled differentlyâIâm not sure since I never bought a bundle. When Topaz switched to the subscription model the reaction by users was varied. Some felt it was a common sense move, others thought it was an outrageous betrayal. Read through the announcement and following comments for edification.
EDIT: The wayback machine provided this:
3 Likes
There is an issues with importing iPhone 16 photos from the Photos App into Photo AI. Photo AI gives me an error about missing meta data. This does not happen for my older photos that were taken with iPhone 13 Pro.
1 Like
