Terms of Sale and Software License

Agreement and seller

These Terms of Sale and Software License govern your purchase and use of MonitorMedley and your use of our sales and customer website. The seller and licensor is 4th Wall Art, LLC, a Pennsylvania limited liability company, 220 Fox Meadow Drive, Wexford, PA 15090, United States, referred to as we, us or our. By checking the agreement box and completing a purchase, you agree to these Terms. Review them and the Privacy Policy before purchasing. You must be at least 18 years old and legally able to enter this agreement. Initial sales are offered to customers in the United States.

Product and payment

MonitorMedley is downloadable Windows software for managing background images on supported display configurations. The product page lists the current system requirements and included features. You supply your own compatible images and any rights needed to use them. An image library, image licenses, cloud image storage and unsupported features are not included unless expressly stated in the offer.

Your purchase is a one-time payment for the license described below, not a recurring subscription. The exact price, applicable taxes and total are displayed before payment. Payment is processed by Stripe or another processor identified at checkout. We do not receive or store your full card number or security code. Introductory offers apply only under the conditions displayed when you buy; later price changes do not create additional charges for an existing license. We may decline or refund an order involving fraud, a material pricing error or an unlawful transaction, subject to applicable law.

License grant

After successful payment, we grant you a nonexclusive, nontransferable license to install and use MonitorMedley on up to three personal Windows computers that you own or control, for your own use. This includes personal productivity on those computers. It does not authorize shared organizational deployment, resale, sublicensing, distribution to others, hosting for third parties or use by multiple unrelated individuals under one purchase. Contact us about other licensing needs.

The license has no scheduled expiration. It remains subject to these Terms and termination for material breach or a refunded purchase. You may replace a licensed computer if you remove the software from the old computer and remain within the three-computer limit. You may make a reasonable backup copy for your own licensed use. The software is licensed, not sold; we and our licensors retain rights in the software. You retain all rights you have in your images and other content. This agreement does not grant us rights to sell or use your images for advertising.

Restrictions and lawful use

Do not redistribute or resell the installer or license, remove proprietary notices, circumvent applicable access protections, or use the software unlawfully. Do not reverse engineer or modify it except to the extent applicable law or a third-party open-source license permits. Respect the copyright, privacy and other rights of image owners and people shown in images. You are responsible for the images and folders you select and for backups of your data. Do not use MonitorMedley in a safety-critical system.

Photograph License

All photographs are © Marc Fleming. All rights reserved. They are licensed to you, not sold. If you are a MonitorMedley customer and download a photograph, you may display it as a desktop background on up to three home computers you own, for private, non-commercial use. This license does not cover computers owned or managed by an employer, school or other organization, or any business use. You may not copy, share, post, sell or redistribute the photographs; use them commercially; edit them for distribution; remove copyright or credit information; use them to train, test or improve any AI or machine-learning system or to build datasets; or use automated tools to scrape or bulk-download them. All rights not expressly granted are reserved. For business, corporate or any other use, contact us at https://monitormedley.com/contact or support@monitormedley.com and name the photographs you want. This license ends automatically if you breach it or your purchase is refunded, and you must then delete all copies of the photographs.

Delivery and accounts

After payment is confirmed, we provide access through the customer area and send access instructions to your purchase email. Keep your account credentials and license private, keep your contact details accurate and notify us if your account is compromised. Internet access is needed to purchase and retrieve the software and updates. The installed software is designed to operate offline; any additional network behavior is described in the product documentation and Privacy Policy.

Updates and support

Updates we release for MonitorMedley are available without an additional license charge to customers with a valid purchase. We do not promise a release schedule, a minimum development period, new features, continued compatibility with every future Windows version, or perpetual operation of the download service. Your existing licensed installation does not become a subscription merely because development ends. If we discontinue normal download service, we will provide reasonable advance notice when practicable and an opportunity to obtain the current available installer. Support is available through our published support channel; no specific response time or service-level guarantee is included unless separately agreed.

Refunds

You may request a full refund within 14 calendar days after purchase by contacting support@monitormedley.com with your order reference or purchase email. No technical explanation is required, and you do not have to troubleshoot before requesting a refund. We refund the original payment method; payment-provider and bank processing times vary. A completed refund ends the license and access to future downloads and updates for that purchase. You must uninstall your copies and stop using them; we do not remove your personal images. This policy does not limit any nonwaivable consumer rights or remedies.

Warranties and responsibility

To the fullest extent permitted by applicable law, the software and website are provided as is and as available, without implied warranties of merchantability, fitness for a particular purpose or noninfringement. We do not warrant error-free operation, uninterrupted availability or compatibility beyond the requirements we state. Nothing in these Terms excludes a warranty or remedy that cannot lawfully be excluded, or excuses us from honoring express commitments made in the offer.

To the fullest extent permitted by law, we are not liable for indirect, special, incidental or consequential damages, including lost profits or lost data, arising from the software or website. Our total liability arising from a purchase or use of the software will not exceed the amount you paid for that license. These limits do not apply to fraud, willful misconduct, gross negligence where exclusion is prohibited, or any liability or consumer right that applicable law does not allow us to limit.

Termination and disputes

We may terminate the license for a material breach that remains uncured after reasonable notice and an opportunity to correct it, except where immediate action is reasonably needed for fraud, security or unlawful use. On termination, stop using and uninstall the software. Termination does not eliminate a refund or other remedy required by law. Contact us first to try to resolve a concern informally; this does not waive filing deadlines or legal rights.

Pennsylvania law governs to the extent it does not override mandatory law protecting you. Subject to those protections and available small-claims rights, disputes may be brought in courts of competent jurisdiction in Allegheny County, Pennsylvania. These Terms do not require arbitration or waive class actions. If a provision is unenforceable, the remaining provisions continue to apply. Third-party components remain subject to their applicable licenses. Microsoft and Windows belong to their respective owners; MonitorMedley is not affiliated with or endorsed by Microsoft.

Changes and notices

We may update website terms prospectively by publishing a dated version. A later change does not retroactively remove a purchased license or refund right; material changes requiring consent will be presented for consent. The terms accepted at purchase remain recorded with that order. Questions and notices may be sent to support@monitormedley.com or the mailing address above.