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Privacy Policy

This policy explains how we collect, hold, and process your personal information. It also explains your rights under the Data Protection Act 2018.

Updated 04/03/2021

1. Our contact details

Imagin3D Ltd

Registered in England under company number 11374730

Address: Department, Bonded Warehouse, Lower Byrom Street, Manchester, M3 4FP

Phone Number: +44 161 768 2755

Email: devteam@imagin3d.co.uk

2. Definitions

We/us/our – Imagin3D Ltd

Event Organiser – the party who owns the rights to or is organising the event you are attending

Vendor - An organisation which sells the use of our services to event organisers.

Platform - The PixelMax website/web app which hosts events. Normally PixelMax, PixelMeet or Fusion

3. Data We Collect

3.1 The Data Your Provide to Us

To use the platform, you need an account. For some events, you will need to manually create this account, by providing us with your name, email address, phone number and a password.

You have choices over the information on your profile. The information you can put on your profile is dependent on the event you are attending, but normally consists of your job title and organisation name.

You may also choose to provide us with a profile picture, which will be visible to other users attending the event.

You do not have to provide additional information on your profile; however, profile information helps you to network and others to network with you through the platform.

3.2 Data From Others

Register/Login with LinkedIn
When you choose to sign in with LinkedIn, LinkedIn will share your email address, name, profile picture, and a unique identifier for your account. We will then store and use this data in the same way as accounts registered directly within the platform.

Pre-event Registrations
For some events, the event organiser(s) and/or the vendor(s) may provide us with a list of users to register prior to the event. This is normally limited to your email address and name, but may also include some predetermined fields, such as which ticket type you have purchased. This could occur where event organisers have their own booking/ticketing systems in place.

3.3 Service Use

When you use the platform, we record metrics on how you engage with the platform, such as which content you interact with. When you fill out surveys, answer polls, enter a competition, ask a question, or send a message, we also store this data.

3.4 Cookies

For information on what cookies we use and why, please see our Cookie Policy.

3.5 Your device & location

When you visit our site/platform, we receive the URL of the site you came from, along with information about your device and network (e.g. operating system, browser, device type, IP address). Also, based on your IP address and which server you accessed our site from, we determine an estimate of which country either you or your proxy server/VPN are located in.

3.6 Helpdesk & Support

Where you request help from the help desk/technical support, we store the conversation that you have with our help desk to assist us in supporting you both at that time and in the future.

4. How We Use Your Data

4.1 Networking

To enable attendees to find other attendees to network with, we make your name and profile visible to them. Unless you disable networking in your settings, users will be able to request to have a video meeting with you and will be able to send you messages.

4.2 Communications

When you register, we may confirm your email address/phone number by sending you a message with a one-time verification code. On future logins, we may also implement multi-factor authentication, which will involve sending you a one-time passcode via email or SMS message.

If we register your account having been provided with your details from an event organiser or vendor, we will send you an email with your username and a temporary password.

4.3 User Support

We may access your data to investigate and resolve service issues (e.g. bugs).

4.4 Metrics Which Do Not Identify You

We use your data to produce and share metrics & statistics about the general use of the platform during an event. For example, we may share how many users watched each keynote with the keynote speakers, or which countries attendees were from with the event organisers.

We may also share general statistics for use in marketing campaigns by us, our vendors, or event organisers.

4.5 Metrics which do identify you

If you consent and opt-in, we may associate you with what you interact with and what networking you undertake within the platform. This data may be shared with event organisers. The event organisers will use this in line with their privacy policies, for purposes such as contacting users who logged in on specific dates and providing this to exhibitors, who then may contact you if you interacted with their stand.

4.6 Developing Services

We use data on how you used the platform and any technical support requests you make to inform development of the platform, to provide you, other users, our vendors, and event organisers with better experiences and events.

5. How We Share Your Data

5.1 Your Profile

The information you have chosen to put on your profile is publicly visible to all users of the platform, as is your name (which is required).

5.2 Service Providers

We utilise services provided by Amazon Web Services to host and deliver content from the platform. They will have access to some of your information as reasonably necessary to maintain our infrastructure and are obligated not to disclose or use it for other purposes, unless they are required to comply with a legally valid and binding order.

5.3 Event Organisers & Vendors

We share metrics which do not identify you with event organisers and vendors, as detailed in section 4. This enables them to improve their offerings in the future. If you opted-in to allowing us to associate data on interactions with you, we may also provide this data to event organisers for the purposes explained in section 4.

5.4 Polls, Competitions, Surveys & Questions

Where polls, competitions and surveys are displayed within the platform, this data is likely to be shared with the organisation associated/sponsoring that form. Where this is the case, the name of the organisation will be displayed alongside this, along with their privacy policy and what data will be shared with them.

When you ask a question during a keynote/session using the “Ask a Question” form, this question, along with your name, organisation, and job title, will be visible to anyone moderating the session. After the session, we may provide your contact details to the moderator to answer your question and/or follow up with you.

5.5 Legal & Vital Disclosures

We will disclose information if we are required by law or a legal process, or we believe that a disclosure is reasonably necessary to:

  • investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies
  • enforce our agreements with you
  • investigate and defend ourselves against any third-party claims or allegations
  • protect the security or integrity of our platform/services (such as by sharing with organisations facing similar threats or our service providers)
  • exercise or protect the rights and safety of Imagin3D, our users, employees, or others

Where we believe it is appropriate, we attempt to notify users about requests to disclose their personal information, unless we are prohibited by law or court order or when the request is an emergency.

5.6 Change in Control or Sale

In the event of a sale, merger or change in control of our business or parts of our business, including the platform (or preparation for any of these events), we may also share your personal data with the entity doing so. This entity will have the right to continue to use your data, but only in the manner set out in this Privacy Policy unless you agree otherwise.

6. How We Store & Transfer Your Data

6.1 Data Retention

Your Account, Profile and Other Personally Identifiable Information

For one-off events, we store your account and profile until an event is no longer hosted by us. The period between the end of an event and an event no longer being hosted varies event by event, but generally this is the next business day where the organiser has chosen not to make content available post-event, or where post-event content is available, there will be an extended period after the event where you will still be able to login. In the case of post-event content being available, this will be made clear on the home page of the platform.

For event series, we will retain your account and profile until after the last event in the series is no longer hosted by us.

If you choose to delete your account (in the platform’s settings menu), then we will delete your account and associated data from our storage. You may choose to do this at any time.

Metrics That Do Not Identify You
Any anonymised metrics may be retained indefinitely.

6.2 Storage

All your personal information is stored within the United Kingdom and/or the European Economic Area (EEA), held within storage solutions provided by Amazon Web Services. Your account information and any text-based profile data is stored in an encrypted state.

6.3 International Transfers

Events hosted on our platform have the possibility of being accessed by a global audience. To protect your data in countries which do not have as strict data protection legislation as those that we operate in, we only store personal data related to your account in the UK and countries within the European Economic Area.

When we transfer personal data between infrastructure in the UK and the EEA, this is not currently considered an international transfer under the temporary provision from FINPROV.10A of the EU-UK trade deal.

When we make international transfers, we utilise the UK Government’s adequacy regulations and European Commission’s adequacy decisions about certain countries, and/or standard contractual clauses approved by the European Commission & UK Government, which we may hold with our service providers, event organisers and vendors.

7. Your Rights

To exercise your rights below, please contact us. You are not required to pay any charge for exercising your rights. If you make a request, we will respond within 1 month.

7.1 Your Right to be Informed

You have the right to be told when your data is collected and is being used. Where reasonably possible, we inform you of the collection and use of data at the earliest opportunity to do so. This privacy policy also informs you of all possibilities of when we may collect or use your data.

7.2 Your Right of Access

You have the right to ask us for copies of your personal information. You can download your data from the Settings menu. If you contact us to make a Subject Access Request, we will respond to your request within one month.

7.3 Your Right to Rectification

You have the right to ask us to rectify personal information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.

You can amend/rectify your data within the Settings and Profile menus.

7.4 Your Right to Erasure

You have the right to ask us to erase your personal information in certain circumstances. You can delete your account and associated profile data from the Settings menu.

7.5 Your Right to Restriction of Processing

You have the right to ask us to restrict the processing of your personal information in certain circumstances.

7.6 Your Right to Object to Processing

You have the right to object to the processing of your personal information in certain circumstances.

7.7 Your Right to Data Portability

You have the right to ask us for a copy of your personal information and to for us to transfer it to another data controller. You can download your data in common, machine-readable formats from the Settings menu.

8. Children’s Privacy

We do not knowingly collect personal information from individuals who are under the minimum required ages specified within our Terms of Service. If you are a parent or legal guardian who believes your child has provided personal information to Imagin3D, you may ask us to delete such information by contacting us at devteam@imagin3d.co.uk.

9. Other Important Information

9.1 Security

We use various security safeguards to assist in protecting your data, such as sending all personal data over HTTPS. We regularly monitor our systems for possible vulnerabilities and attacks, and update our systems as often as possible.

9.2 Lawful Bases for Processing

We only collect data where we have a lawful basis to do so. Our lawful bases are:

  • where you have consented to us processing your data for a specific purpose
  • where processing is necessary for performance of a contract with you (e.g. to deliver upon our Terms of Service)
  • our legitimate interests, including our interests to provide an innovative and profitable service to our users and customers, unless those interests are overridden by your interests or fundamental rights and freedoms that require protection of personal data
  • to comply with our legal obligations
  • to protect your vital interests, or those of others
  • where necessary for us to perform a task in the public interest

9.3 Third Parties

There may be some areas of our site that takes you to other third-party websites. For example, there may be links to event sponsors’ websites throughout the platform. Where you leave our website/platform, the third-parties privacy and cookie policies will apply.

This includes the register/login with LinkedIn functionality, which takes you to LinkedIn’s login page. You can view LinkedIn’s privacy policy here.

10. Other Important Information

From time to time, we may change our privacy policy, as we develop the platform and event organisers/vendors requirements change. Where you have an active account with us, we will notify you by email. An up-to-date version of our Privacy Policy will always be at https://platform.pixelmax.com/privacy.

11. How to Complain

From time to time, we may change our privacy If you have any concerns about our use of your personal information, you can make a complaint to us at devteam@imagin3d.co.uk.

You can also complain to the ICO if you are unhappy with how we have used your data.

The ICO’s address:
Information Commissioner’s Office
Wycliffe House
Water Lane

Helpline number: 0303 123 1113

ICO website: https://www.ico.org.uk

Cookies Policy

Updated 07/09/2020

1. What Are Cookies?

A cookie is a small file placed onto your device that enables Fusion features and functionality. Any browser visiting our sites may receive cookies from us or cookies from third parties, such as our service providers.

Our cookies typically contain:

  • a unique name set by the site that generated it
  • a value - the information within it that recalls your previous activities
  • an expiration date, which determines how long the cookie will remain active in your browser before being automatically deleted.

Generally our cookies don't store sensitive or personally identifiable information such as your name and address or credit card details. Cookies containing information which could identify you or could allow your account to be compromised if someone else had access to them are set so that your browser should not allow them to be sent to any other websites and to only be sent back to us over a secure connection.

2. Why Do We Use Cookies?

The majority cookies you receive from us are strictly necessary. Therefore, we do not need to ask for your consent to use them. These are essential for us to provide access to secure files and areas of our platform. We also use functionality cookies. These cookies allow the website to remember choices you make (such as whether you have dismissed the cookie notification). When you agree to the cookie notification or login to the Fusion platform, you agree to us using these cookies.

3. Third Party Cookies

If you click on a hyperlink within the platform/website to any other (often third party) websites, you may be sent cookies from these websites. These websites will have their own privacy and cookie policies. Please check those websites for more information about their cookies and how to manage them.

When you register/login with LinkedIn, you access their website whilst you login to LinkedIn. For this, LinkedIn’s cookie policy applies.

4. Changes to This Policy

From time to time, we may make changes to this policy. When we do so, our cookie notification will display a message explaining that we have updated the policy, and if you have previously hidden the cookie notification, it will be visible for you again.

EULA – PixelMax End User Licence Agreement

This EULA shall apply for Customers contracting for Events with PixelMax Clients.

Updated 17/02/2021

1. Definitions and interpretations

1.1 Definitions

In this EULA, the following words shall have the following meanings:

Claims - means all demands, claims and liability (whether criminal or civil, in contract, tort or otherwise) for losses, damages, legal costs and other expenses of any nature whatsoever and all costs and expenses (including without limitation legal costs) incurred in connection therewith;

Event Services - means the services specified in the Event Schedule agreed by PixelMax for the provision of an Event;

Client - means the party entering into an agreement with PixelMax;

Confidential Information - means: (a) the PixelMax Software and PixelMax IP, and (b) all other information in respect of the business of a party including, without prejudice to the generality of the that statement, any ideas; business methods; finance; prices, business, financial, marketing, development or manpower plans; policyholder lists or prospective policyholder lists or details; computer systems, software and software specifications; products or services, including but not limited to know-how or other matters connected with the products or services marketed, provided or obtained by a party, and information concerning a party’s relationships with employees, actual or potential customers, policyholders or suppliers and the needs and requirements of the party and of such persons and any other information which, if disclosed, would be liable to cause harm to a party;

Customer - means the party entering into an agreement with the Client for the provision of an Event;

Data Protection Legislation - means the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications); [and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party;

Data Processor Schedule - means the terms for data processing specified in the agreement between the Client and PixelMax;

Disclosing Party has the meaning given in clause 4.2;

PixelMax IP - means all intellectual property rights, including but not limited to copyright that PixelMax may have in the PixelMax Software. The meaning of PixelMax IP shall include source code and the graphical user interface, the look and feel of the PixelMax Software, any Third Party software (such as development tools or runtime libraries) which is licensed for use with the PixelMax Software;

PixelMax Software - means the software used for the provision of an Event;

PixelMax - means [Immersive communication platform ];

Receiving Party - has the meaning given in clause 4.2;

Software Services - means the provision of Event Services as agreed between PixelMax and the Client;

Third Party - means any person other than the Customer, the Client or PixelMax.

User - means any person attending an Event;

User Services - means the user services available to a User via the PixelMax Software for the purposes of the Event as amended from time to time;

Use - means the use of the PixelMax Software to provide an Event as agreed between PixelMax and the Client;

UK Data Protection Legislation: -all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

1.2 Interpretation

In this EULA:

the headings are used for convenience only and shall not affect the interpretation of the EULA;

references to persons shall include incorporated and unincorporated persons; references to the singular include the plural and vice versa; and references to the masculine include the feminine;

references to the grant of exclusive rights shall mean that the person granting the rights shall neither grant the same rights (in the same Field and Territory) to any other person, nor exercise those rights directly to the extent that and for as long as the PixelMax Software is within the PixelMax IP, except as provided for under this EULA.

2. Grand of rights

2.1 Licence

PixelMax has granted to the Client, subject to the provisions of this EULA a non-exclusive licence to use the PixelMax Software for the Use on the terms of this EULA. Use is for the Customer and Users for the Event, subject to the maximum permitted number of Users set out in the EULA Schedule, for the User Services. Note: Use by Users is subject to their agreement to the applicable user terms.

2.2 No other licence

It is acknowledged and agreed that no licence is granted by PixelMax to the Customer directly.

2.3 Sub-licensing

The Client shall not be entitled to grant sub-licences of its rights under this EULA.

3. Supply of PixelMax Software

The Client and PixelMax shall agree the requirements for the supply of the PixelMax Software and the Event. PixelMax may at any time specify additional requirements for the use of the PixelMax Software.

4. Confidentiality and Data Protection

4.1 Obligations of confidentiality on the Customer alone

The Customer undertakes that during the term that it is able to use the PixelMax Software and for a period of 5 years thereafter or for so long as any substantial part of the PixelMax Software remains subject to the obligations of confidence of clause 4.2, whichever is the shorter, it will protect the PixelMax Software as Confidential Information and shall not use the PixelMax Software for any purpose except as expressly permitted in accordance with the provisions of this EULA.

4.2 Confidentiality obligations on both parties

Each Party (Receiving Party) undertakes: inform the Disclosing Party as soon as is reasonably practicable, andat the Disclosing Party’s request seek to persuade the court, agency or authority to have the information treated in a confidential manner, where this is possible under the court, agency or authority’s procedures;

to maintain as secret and confidential all Confidential Information and other technical or commercial information obtained directly or indirectly from the other Party (Disclosing Party) in the course of or in anticipation of this EULA and to respect the Disclosing Party’s rights therein;

to use the Confidential Information exclusively for the purposes of this EULA; and

to disclose the Confidential Information only to those of its employees, contractors and sub-licensees pursuant to this EULA (if any) to whom and to the extent that such disclosure is reasonably necessary for the purposes of this EULA.

4.3 Exceptions to obligations

The provisions of clause 4.2 shall not apply to Confidential Information which the Receiving Party can demonstrate by reasonable, written evidence:

was, prior to its receipt by the Receiving Party from the Disclosing Party, in the possession of the Receiving Party and at its free disposal;

is subsequently disclosed to the Receiving Party without any obligations of confidence by a Third Party who has not derived it directly or indirectly from the Disclosing Party;

or becomes generally available to the public through no act or default of the Receiving Party or its agents or employees;

the Receiving Party is required to disclose to the courts of any competent jurisdiction, or to any government regulatory agency or financial authority, provided that the Receiving Party shall: inform the Disclosing Party as soon as is reasonably practicable, andat the Disclosing Party’s request seek to persuade the court, agency or authority to have the information treated in a confidential manner, where this is possible under the court, agency or authority’s procedures;

is developed independently by any of the Receiving Party’s employees who have not had any direct or indirect access to, or use or knowledge of, the confidential information of the Disclosing Party.

4.4 Disclosure to employees

The Receiving Party shall procure that all of its employees, contractors and sub-licensees pursuant to this EULA (if any) who have access to any of the Disclosing Party’s information to which clause 4.2 applies, shall be made aware of and subject to these obligations and shall have entered into written undertakings of confidentiality at least as restrictive as those in clauses 4.1 and 4.2 and which apply to the Disclosing Party’s Confidential Information.

4.5 Return of information

On termination of this EULA for any reason the Receiving Party shall return immediately to the Disclosing Party all documents or other materials which contain the Confidential Information of the Disclosing Party (including any and all copies made and make no further use or disclosure thereof.

4.6 Data Protection

All Parties shall comply with all obligations which fall upon them from the Data Protection Legislation in relation to this EULA.

The Parties shall comply with the requirements of the Data Processing Schedule.

5. Customer Obligations

5.1.1 The Customer shall

ensure the reasonable support of its employees and sub-contractors in the provision of the Event, User Services, Event Services and Software Services and any other matters which may require support under this EULA.

support the provision of the set-up of the services as agreed with the Client or under this EULA.

take reasonable steps to ensure that it has appropriate hardware, software or other protection (including virus protection) to enable the use of the PixelMax Software and for information to be viewed and downloaded safely and securely.

promote the Event to Users on the basis it was designed to be used for.

not (and shall in so far as possible ensure third parties cannot) disassemble, decompile, reverse-engineer or create derivative works.

ensure that any information which it provides is accurate, honest and truthful and that where any information relates to a User (or it accesses via the PixelMax Software) it is authorised to provide (or use) such information.

confirm Users registering on the PixelMax Software are eligible and remain eligible to use the User Services.

use all reasonable endeavours to prevent the unauthorised access to, or use of the PixelMax Software, and in the event of such use notify PixelMax.

5.2 User Obligations

5.2.1 The Customer shall ensure that all Users shall:

keep a secure any password provided for their use of the PixelMax Software;

comply with the terms applicable for the use of the PixelMax Software.

6. PixelMax Obligations

6.1 General Obligations

PixelMax shall provide the PixelMax Software, the Event Services and the Software Services as specified in the agreement with the Client on the terms set out in this EULA.

PixelMax may amend the Event Services and/or the User Services at any time due to circumstances outside its control or which it believes will enhance the benefits of all users.

PixelMax will endeavor to meet any specific performance dates, but time is not of the essence, provided always that PixelMax will provide Event Services within a reasonable time.

7. Intellectual property

7.1 Infringement of PixelMax IP

The Customer shall inform PixelMax promptly if it becomes aware of any infringement or potential infringement of any of the PixelMax IP, and the Parties shall consult to decide the best way to respond to such infringement.

PixelMax will indemnify the Customer against any damages payable to any third party in respect of any successful claim that the possession or use of the PixelMax Software is in breach of the terms of infringement provided the Customer:

give notice of any infringement.

the indemnifier the right to defend any claim.

act in accordance with reasonable instructions of the indemnifier.

8. Warranties and liability

8.1 Warranties by PixelMax

PixelMax warrants, represents and undertakes that it owns or has license to the PixelMax IP as may be necessary for the purposes of this EULA.

8.2 Acknowledgements

The Customer acknowledges that:

The PixelMax IP and the PixelMax Software, are provided under this EULA ‘as is’ and without any express or implied warranties, representations or undertakings; and

PixelMax has not performed any searches or investigations into the existence of any Third-Party rights that may affect any of the PixelMax IP or PixelMax Software.

8.3 No other warranties

8The Customer acknowledges that, in entering into this EULA, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this EULA, and any conditions, warranties or other terms implied by statute or common law are excluded from this EULA to the fullest extent permitted by law.

Without limiting the scope of clause 8.3.1, PixelMax does not give any warranty, representation or undertaking: as to the efficacy or usefulness of the PixelMax IP and PixelMax Software; that the PixelMax Software as supplied to the Client (and any User) will be error free, bug free or virus free; that any of the intellectual property in the PixelMax IP is or will be valid or subsisting.

8.4 Liability

Notwithstanding any other provision in this EULA, no Party shall be liable to any other in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.

PixelMax does not exclude or limit liability for:

fraud, death or personal injury;

any other liability which is not permitted to exclude or limit as a matter of law;

Subject to clauses 9.4.1 and 9.4.2, PixelMax’s entire liability will be limited to £10,000 in respect of any incidents arising during this agreement

9. Duration and termination

This EULA shall be in place solely for the provision of the Event, and on the date the Event ends this EULA and the licences granted hereunder shall terminate automatically by expiry.

10. General

10.1 Force majeure

No Party shall have any liability or be deemed to be in breach of this EULA for any delays or failures in performance of this EULA which result from circumstances beyond the reasonable control of that Party, including without limitation labour disputes involving that Party. The Party affected by such circumstances shall promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so.

10.2 Amendment

This EULA may only be amended in writing signed by duly authorised representatives of PixelMax and the Client.

10.3 Assignment and third party rights

Subject to clause 10.3.2 below, no Party shall assign, mortgage, charge or otherwise transfer any rights or obligations under this EULA without the prior written consent of the other Parties.

A Party may assign all its rights and obligations under this EULA to any company to which it transfers all of its assets or business, PROVIDED that the assignee undertakes to the other Parties to be bound by and perform the obligations of the assignor under this EULA. However a Party shall not have such a right to assign this EULA if it is insolvent

10.5 Invalid clause

If any provision or part of this EULA is held to be invalid, amendments to this EULA may be made by the addition or deletion of wording as appropriate to remove the invalid part or provision but shall otherwise retain the provision and the other provisions of this EULA to the maximum extent permissible under applicable law.

10.6 No agency

No Party shall act or describe itself as the agent of the other, nor shall it make or represent that it has authority to make any commitments on the other’s behalf.

10.7 Notices

Any notice to be given under this EULA shall be in writing and shall be sent by first class mail or air mail to the address of the relevant Party or to such other address as that Party may from time to time notify to the other Parties in accordance with this clause 10.7.

Notices sent as above shall be deemed to have been received 3 working days after the day of posting (in the case of inland first class mail), or 7 working days after the date of posting (in the case of air mail).

10.9 Entire agreement

This EULA, including its Schedules, sets out the entire agreement between the Parties relating to the provision of the licences set out herein (subject to the agreements between PixelMax and the Client and the Customer and the Client) and supersedes all prior oral or written agreements, arrangements or understandings between them relating to such subject matter. The Parties acknowledge that they are not relying on any representation, agreement, term or condition that is not set out in this EULA. However, nothing in this EULA purports to exclude liability for any fraudulent statement or act.

10.10 Third parties

This EULA does not create any right enforceable by any person not a party to it.

10.11 Law and Jurisdiction

The validity, construction and performance of this EULA shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the Parties submit, except that a Party may seek an interim injunction in any court of competent jurisdiction.