END USER LICENSE AGREEMENT

Canova is licensed to You (End-User) by Marco Ferrari, located and registered at Vicenza, VI 36100, Italy ("Licensor"), for use only under the terms of this License Agreement. Our VAT number is IT04671440248.

By downloading the Licensed Application from the CANOVA website (canovasoftware.com), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. Purchases are processed by Lemon Squeezy, the payment and licensing provider that acts as Merchant of Record.

The Licensor reserves all rights not expressly granted to You. Canova is to be used on devices that operate with macOS 26.5 or later on Apple silicon.

TABLE OF CONTENTS

1. THE APPLICATION

Canova ("Licensed Application") is a piece of software created to help photographers, designers and visual communication professionals predict how people look at an image the first time they see it, by estimating visual attention with neural network models trained on real eye-tracking data. It is designed for Mac computers with Apple silicon ("Devices") and is used to analyze photos and graphics on macOS and generate attention maps, readability and contrast analyses, color-blindness simulations and downloadable reports, including through plugins for Adobe Photoshop and Lightroom and live tethered shooting with Capture One.

2. SCOPE OF LICENSE

2.1 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

2.2 You may not share or make the Licensed Application available to third parties (except with Marco Ferrari's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.

2.3 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Marco Ferrari's prior written consent).

2.4 You may not extract, copy, reuse or redistribute the neural network models, model weights, data or any other component included in the Licensed Application, nor use the Licensed Application or its output to train, develop or improve any competing product, service or model.

2.5 You may not copy the Licensed Application except to install it on the Devices permitted by Your license, and You may not remove, disable or circumvent the license verification or any other technical protection measure of the Licensed Application.

2.6 Licensor may update the terms of this License Agreement. Updated terms are published on the CANOVA website and apply to updates and renewals made after their publication.

2.7 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.2 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. MAINTENANCE AND SUPPORT

4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in Section 7 (Contact Information).

4.2 If You send suggestions or other feedback regarding the Licensed Application, Licensor may use such feedback for any purpose without compensation to You.

5. LIABILITY

5.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

5.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.

5.3 The Licensed Application provides statistical predictions of visual attention generated by machine learning models. Attention maps, readability and contrast analyses, color-blindness simulations and reports are estimates intended as decision support only; they do not guarantee how any specific person or audience will view an image, nor any commercial, communication or creative result. The user remains solely responsible for decisions taken on the basis of the Licensed Application's output. Color-blindness simulations are illustrative and are not a medical or diagnostic tool.

5.4 Licensor is not liable for loss of profits, revenue, business or opportunities, for the performance or results of advertising campaigns, publications or other communication activities, or for any business decision taken on the basis of the Licensed Application's output.

5.5 To the extent permitted by applicable law, Licensor's total liability under this License Agreement is limited to the amount You paid for the license. Nothing in this License Agreement limits liability for intent or gross negligence, or the rights that consumers have under mandatory law.

6. WARRANTY

6.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.

6.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Marco Ferrari's sphere of influence that affect the executability of the Licensed Application.

6.3 You are required to inspect the Licensed Application immediately after installing it and notify Marco Ferrari about issues discovered without delay by email, at the address listed in Section 7 (Contact Information). The defect report will be taken into consideration and further investigated if it has been emailed within a period of sixty (60) days after discovery.

6.4 If we confirm that the Licensed Application is defective, Marco Ferrari reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

6.5 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

7. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
Marco Ferrari
Vicenza, VI 36100
Italy
ferrari@canovasoftware.com

8. TERMINATION

The license is valid until terminated by Marco Ferrari or by You. Your rights under this license will terminate automatically and without notice from Marco Ferrari if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

9. APPLICABLE LAW

This License Agreement is governed by the laws of Italy excluding its conflicts of law rules.

10. MISCELLANEOUS

10.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

10.2 Collateral agreements, changes and amendments are only valid if laid down in writing, except for updated terms published as described in Section 2.6.

10.3 License scope and activation. Each license key may be activated on the number of Mac computers indicated for the purchased edition on the Licensor's website at the time of purchase. Licenses are personal and may not be shared, resold or transferred. The Licensed Application periodically verifies the license online through the Licensor's payment and licensing provider, Lemon Squeezy, which acts as Merchant of Record for all purchases; an internet connection is therefore required from time to time. If the license cannot be verified, or a subscription has expired or been cancelled, the Licensed Application will notify the user and stop working after five (5) days. Subscription editions remain active only while the subscription is paid. Perpetual (Lifetime) licenses grant the right to use the version purchased without time limit. The features, the number of activations and the updates included in each edition, including the period during which updates are provided for perpetual licenses, are those described on the Licensor's website at the time of purchase. Any free trial is offered and managed through Lemon Squeezy under its own terms.