aps ingest license agreement

software license

end user license agreement for aps software, version 1.0

this agreement is between you and Anchor Point Studio LLC, a Wyoming limited liability company, c/o Registered Agents Inc., 30 N Gould Street Suite R, Sheridan, WY 82801, USA ("we", "us"). it covers aps ingest, the aps suite subscription where it covers aps ingest, and the updates we send you for them.

by installing, activating or using aps ingest you agree to this agreement. if you agree for a company or a studio, you confirm you may bind it, and "you" means that organization. if you do not agree, do not install or use aps ingest, and ask us for a refund (section 6.1).

1. a few words we use

app: aps ingest, in the version you installed, with its installer, updates and documentation.
key: the license key we give you after a purchase, in the form APS-XXXXX-XXXXX-XXXXX-XXXXX. one key per purchase. a suite key works in every suite app.
machine: one windows installation. section 3.1 says how we tell machines apart.
buy once: a one-time purchase of the app (section 2.1).
suite: the aps suite subscription (section 2.2 and annex E).
major version: the first number of a version. 1.4.2 is a 1.x release; 2.0 is a new major version.
store, account page: store.anchorpoint.studio and the account area on it.
third-party components: software inside the app that we did not write, listed in its third-party notices.
our suppliers: the companies whose components the app includes.

2. what you may do

2.1 buy once

when you buy the app once, we give you a limited, non-exclusive, non-transferable license to install and use it on up to 3 machines at a time, for any purpose, personal or commercial, for as long as you like. your license covers the major version you bought and every update we release for that major version (every 1.x update for a 1.x purchase). there is no end date and no update window.

if we ever release a new major version (a 2.0), that is a new purchase. your account page shows an owner discount for it. your 1.x keeps working and keeps receiving the 1.x updates we release. a 2.0 key also covers 1.x.

2.2 the aps suite

the suite is a subscription, monthly or yearly. while it is paid, you may install and use every app in the suite, including every app we add to it later, on up to 10 machines at a time. one key, every suite app.

it renews automatically on the card you gave square until you cancel. you can cancel at any time on your account page; the apps keep working until the end of the period you have paid for. if a renewal payment fails, the apps keep working for 7 days past the end of the paid period while square retries the card. if the payment still has not gone through by then, the suite apps stop starting new work until it does (section 3.3 explains what "new work" means). nothing you made is touched. annex E has the rest of the suite terms.

2.3 who may use a key

a key belongs to the person or organization that bought it. people who work for that organization (employees, and freelancers on its jobs) may use the app under its key within the machine limit. a key is not for a second organization, a client or a friend.

2.4 what you may not do

share, publish, sell, rent, lease, lend or give away a key or an installer we gave you, except a transfer under section 17.3. you may keep copies of the installer as a backup for your own machines.
resell, sublicense or redistribute the app, or bundle it into something you sell or give away.
bypass, disable or trick the license check, or run the app on more machines than your license allows by doing so.
remove or change the copyright, license or trademark notices in the app or its installer.
use the app to break the law or to infringe someone else's rights (section 9).

section 8 says what this agreement does not restrict: your rights under the open-source licenses of the third-party components.

3. machines, activation and online checks

3.1 what counts as a machine

each windows installation has an id that windows creates when it is installed. the app sends us a one-way hash of that id, never the id itself; the hash cannot be turned back into anything about you or your pc. so:

reinstalling windows makes a new machine. the old one stays on your key until you sign it out on your account page (self-service, any time).
a pc counts once on a suite key, however many suite apps it runs.
signing out is per pc, not per app. "sign this pc out" in any app, or on the account page, frees the seat for every app.
pcs cloned from one image can share an id and then count as one machine. managing that is up to you.
each machine also sends its windows computer name as a label so you can recognize it on the account page. you can rename the label there.

3.2 activation

the first time you run the app, paste your key. the app asks our server for a license token for that machine. the server checks the key, the product and the seat count and answers. keys you have activated on a pc are kept on that pc, encrypted with windows data protection, so other aps apps on that pc can use them without you pasting again.

3.3 online checks

the app checks in with our server when you activate, about once a day while it runs and is online, and when you choose "check now". each successful check gives it a token that is good for up to 30 days (for the suite, not beyond the paid period and any grace). so the app keeps working offline for up to 30 days between checks.

a failed connection never changes anything. only an answer from our server can change the app's license state, so an outage on our side does not lock you out.
if 30 days pass without a successful check, the app stops starting new work (a new import: a card going in, "import anyway" or importing a folder) until it checks in. an import that is already copying or verifying finishes, an import that a crash interrupted still resumes, and your history, reports, verify page and settings stay open.
if the server says the key was refunded, revoked or has lapsed, or that the machine was signed out, the app asks for a key again and tells you why.
the app notices when the pc clock has been turned back by more than a day and asks for a check before starting new work, so the 30 days cannot be stretched.
a 2.0 release does not run on a 1.x key. it tells you so and links to the upgrade. your 1.x keeps running.

3.4 what a check sends

on activation: your key, the app's name, the hashed machine id, the computer-name label, the app version and the windows version.
on each later check: the token, the hashed machine id and the app version.
on an update check: the token and the app version.
when you sign a pc out from inside an app: the token (or your key, if the app has no token) and the hashed machine id.
every request carries the app name and version in a header, and our server logs the ip address it came from for 30 days.

3.5 what a check never sends

your files, footage, file names, folders, or anything about what you worked on. the app has no analytics and no tracking. nothing leaves your pc except the license check, the update check and a feedback report you choose to send (section 5).

3.6 machines that are never online

a pc that can never reach the internet cannot activate by itself at launch. email [email protected] and we will sort something out. an offline activation file is planned for a later release.

4. updates and major versions

updates come only from our server. each update is checked twice before it is installed: a manifest signed by our server, and the windows code signature on the installer. the app refuses an update that fails either check.

aps ingest downloads an update in the background and installs it when it is idle: its window is closed to the tray and no card is copying.
you can turn automatic updates off in the app. the account page always has the newest installer your license covers.
we may withdraw a build that turns out to be faulty. a withdrawn build is not offered any more; nothing on your pc is removed.
a buy-once license receives every update to its major version. the suite receives every update to every suite app while it is paid.
we do not promise that an update can be rolled back. keep the installer of a version you rely on; the account page keeps the ones your license covers.

5. feedback and crash reports

the app has a "send feedback" control and, after a crash, offers to send a report. sending is always your choice. a report contains your words, the app and windows version, a summary of your settings with passwords and paths to secrets removed, and only the attachments you tick: a log tail, a crash dump (which contains stack memory), or a screenshot of the app window (off by default). the report never contains your key. the privacy policy says how long we keep reports. the app holds a report that could not be sent and sends it the next time it is online; you can delete it from the outbox before then.

6. refunds, revocation and ending the agreement

6.1 refunds

you can ask for a refund within 14 days of a purchase, for any reason, on your account page or by email. the refund policy on the store is part of this agreement. when a purchase is refunded, its key stops working at the next check and every machine on it is signed out.

6.2 card disputes

if you dispute a charge with your bank instead of asking us, the key is revoked as soon as square tells us about the dispute. if the dispute is decided in your favor and the charge reversed, the key stays revoked; if it is decided in ours, we reinstate the key. please ask us first: we refund within 14 days without questions.

6.3 revocation for breach

if a key is shared, resold or published, or used to bypass the license check, we may revoke it. we tell you by email and say why. a key revoked because it was deliberately shared, resold or published is not refunded. if you think we got it wrong, reply to that email and we will look again.

6.4 ending

you can stop using the app at any time; sign the machine out so the seat is free. when this agreement ends, your license to use the app ends and you must uninstall it. your files, footage, manifests, reports, import history and settings are yours and are not affected. sections 7, 8, 10, 11, 12, 16 and 17 survive the end of this agreement.

7. if the license server ever goes away

the app needs our server for the checks in section 3. if we ever shut the license server down for good (because we stop trading, or end the aps line), every owner, and every suite subscriber whose subscription is active on the day we announce the shutdown, will receive a final build of each app they own or subscribe to, with the license check removed, through the account page or by email, before the server goes offline, and at no charge. we keep the signing keys for that build in offline escrow so it can be signed even if the server is already gone. this is a binding promise, and it passes to anyone who takes over the aps apps (section 17.3).

8. ownership, third-party components and open-source rights

8.1 ownership

the app is licensed, not sold. we and our suppliers keep all rights, title and interest in the app, including its copyright. anything you make with it is yours, in full.

8.2 third-party components

each app ships third-party components under their own licenses, listed in the app's third-party notices (in the app, in the install folder, and published at store.anchorpoint.studio/notices). those licenses, not this agreement, govern those components. if anything in this agreement conflicts with the license of a third-party component, that component's license wins for that component.

8.3 open-source components: what this agreement does not restrict

aps ingest includes no component under the GNU lesser general public license or the GNU general public license, so this section has nothing to protect in it. the open-source licenses of its other third-party components still govern those components (section 8.2).

8.4 RED components

aps ingest includes no RED components, so this section does not apply to it.

8.5 trademarks

anchor point studio and aps are our marks. RED, REDCODE and R3D are trademarks of RED Digital Cinema; Blackmagic RAW and DaVinci Resolve of Blackmagic Design; Adobe, After Effects, Lightroom, DNG and CinemaDNG of Adobe; NVIDIA and CUDA of NVIDIA; AMD of Advanced Micro Devices; Intel of Intel; Windows of Microsoft. we name them only to say what a file or a program is. none of those companies made or endorsed the app.

9. acceptable use

use the app on footage, files and media you own or have the right to work with. do not use it to get around a technical protection measure or anyone's rights. you are responsible for what you do with it.

10. your footage and your data

the app works on your files, on your pc. we never see them. aps ingest copies and verifies. it writes copies of your footage into your library and, if you set one, your backup folder. by default it also writes an mhl manifest, an html report and a csv beside each import; you can switch each of them off in settings. it deletes from a card only when you ask it to, and only after every file on the card has verified. keep your cards until you have checked your copies yourself: a verified copy lowers the risk of a bad transfer; it does not remove the risk of a failing drive, a bad card or a mistake in what you asked for. it starts with windows unless you switch that off in settings. keep your own backups: the app does not replace them.

11. no warranty

the app is provided as it is. as far as the law allows, we and our suppliers make no promise that the app fits your purpose, works with every camera, file, drive, graphics card, driver or codec, is free of errors, or runs without interruption, and we and our suppliers exclude every implied warranty, including merchantability, fitness for a particular purpose and non-infringement. compatibility statements on the store describe what we tested and on what.

if you buy as a consumer, the law of your country may give you rights that cannot be excluded (for example statutory guarantees in the EU, the UK or australia). nothing here takes those away. the store's 14-day refund is in addition to them, not instead of them.

12. limits on our liability

as far as the law allows, neither we nor our suppliers are liable for indirect, incidental, special or consequential loss, or for lost footage, lost or corrupted data, lost profit or revenue, the cost of a re-shoot, or a claim by your client, however it arises, even if we were told it could happen. our total liability to you for anything connected with the app or this agreement is capped at the amount you paid us for the app (or, for the suite, the amount you paid in the 12 months before the claim). our suppliers have no liability to you at all.

nothing in this agreement limits liability for death or personal injury caused by negligence, for fraud, or for anything else a law says cannot be limited.

13. privacy

the store's privacy policy (anchorpoint.studio/privacy, with the additions for software) says what we hold about you and why: your email, your orders and your square customer id, your keys, hashed machine ids and computer-name labels, app and windows versions, 30 days of ip addresses in server logs, and feedback you send. you can export your data and delete your account on the account page.

14. age

the app is a tool for work. you must be old enough to make a binding contract where you live to buy it.

15. if you are a consumer in the EU or the UK

you have a right to withdraw from a purchase of digital content within 14 days without giving a reason. delivery of an app starts the moment your key is issued and you can download and activate. by ticking the box at checkout you ask us to start delivery at once and acknowledge that you lose your right of withdrawal when it starts. we record that choice on your order. our 14-day refund in section 6.1 applies regardless, so in practice you lose nothing.

16. governing law and disputes

this agreement is governed by the laws of the State of Wyoming, USA, without regard to its conflict-of-law rules. the united nations convention on contracts for the international sale of goods does not apply. if you are a consumer, you keep the protection of the mandatory law of the country you live in and may bring a claim in its courts; small claims stay open to you either way. otherwise the courts of the State of Wyoming, USA have jurisdiction. before anything formal, email [email protected]: most problems are sorted out in a few messages.

17. the rest

17.1 changes. the agreement you accepted applies to the version you installed. a new version of an app may come with a new agreement; the installer shows it and the store lists what changed. if you do not agree, keep using the version you have (buy once) or cancel (suite).

17.2 whole agreement. this agreement, its annexes, the refund policy and the product terms on the store are the whole agreement between us for the app. if a part is found unenforceable, it is limited as little as needed and the rest stands. not enforcing a term is not a waiver of it.

17.3 transfer. you may transfer a buy-once key to another person or organization once a year, free, by asking support; the old owner's machines are signed out and the new owner accepts this agreement. otherwise you may not transfer this agreement or a key. we may transfer this agreement to anyone who takes over the aps apps together with the promise in section 7.

17.4 export. you confirm you are not barred by sanctions or export law from receiving the app.

17.5 notices. we write to the email on your account. write to us at [email protected] or Anchor Point Studio LLC, c/o Registered Agents Inc., 30 N Gould Street Suite R, Sheridan, WY 82801, USA.

17.6 language. this agreement is in english. a translation is for convenience only.

contact: [email protected], Anchor Point Studio LLC, c/o Registered Agents Inc., 30 N Gould Street Suite R, Sheridan, WY 82801, USA.

annexes

each annex is part of this agreement for the app or plan it names. aps ingest runs on windows 10 (22H2) and windows 11, 64-bit (x64). windows on arm is not supported.

annex A: aps ingest

what it is: a card offloader. it sits in the tray, copies new footage from a camera card into your library, checksums every file during the copy and reads it back to check it, can write a second copy in the same pass, and, unless you switch them off in settings, writes an mhl manifest, an html report and a csv beside every import. it is a buy-once app (section 2.1) and a suite app.
components (section 8.3 does not apply): the .NET runtime, a few MIT, Apache-2.0 and public-domain libraries (SQLite among them), the OFL "aps font", and the Inno Setup installer runtime. there is no LGPL or GPL code in aps ingest. the notices file lists everything.
RED and blackmagic (section 8.4 does not apply): aps ingest includes no RED or Blackmagic software and no media library. .r3d, .braw and .crm files are copied as plain bytes.
other programs: none are included. the mhl manifests, html reports and csv files it writes can be read without the app.
what runs: a window process and a background worker process. both run under your user account; neither needs admin rights.
what it writes: copies of your footage in your library folder and, if you set one, your backup folder; by default an mhl manifest, an html report and a csv beside each import (you can switch each of them off in settings); its settings, import history, duplicate index, logs (log.txt and worker.log, with the few rotated copies it keeps) and the update installer's log in %appdata%\ApsIngest under your windows user; its license file, crash reports, any feedback waiting to be sent, a small feedback record (when a report was last sent, when a crash report was last offered and the email you last typed; no key), a cached copy of the update list and an install record that the aps hub reads (install.json), all in %localappdata%\aps\aps-ingest; the file of license keys activated on this pc in %localappdata%\aps, which every aps app on the pc shares; update downloads in your temp folder (%temp%\aps-ingest-update); and a start-with-windows entry, on by default, that you can switch off in settings. uninstalling always removes the install record, asks before it deletes its settings, history and index, asks whether to remove its license files (it keeps them unless you choose, and removes only %localappdata%\aps\aps-ingest, never the shared %localappdata%\aps folder that other aps apps use), and never touches footage.
cards and deletion: aps ingest never deletes from a card on its own. "delete from card" is a two-step command you give, and it is only offered when every file on the card, and its backup copy if you set one, has verified. a card that was partly unreadable is reported as such; an import is never shown as complete when anything was left behind.
what it copies: the file types on its list, not the whole card. anything else stays on the card. look at what is left before you format it.
duplicates: it skips files already in your library and lists what it skipped. if you want a second copy of something it skipped, copy it yourself.

annex E: the aps suite

what it is: one subscription key that works in every suite app, now and later. the suite page on the store lists the apps included on the day you subscribe.
terms: section 2.2. monthly or yearly, auto-renewing on your square card, cancel any time on the account page, works to the end of the paid period after you cancel, 7-day grace on a failed renewal, 10 machines at a time, and one pc counts once however many suite apps it runs.
new apps: an app we add to the suite is yours while you subscribe, at no extra charge.
an app leaving the suite: we tell you by email at least 90 days before an app leaves the suite. its last build before it leaves keeps working for you while your subscription is active, and section 7 covers it if the license server ever goes away.
price changes: we tell you by email at least 30 days before a renewal at a new price. you can cancel before it renews.
a suite key does not turn into buy-once: if you cancel, the suite apps stop starting new work at the end of the paid period. buying an app once is a separate purchase.

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