Last updated on October 26, 2023.
PLEASE READ CAREFULLY BEFORE DOWNLOADING ANY SOFTWARE FROM THIS INSTALLER:
This End-User License Agreement (this "Agreement") is a legal contract between you and us.
ABOUT US: Shinyfields Limited, a company registered in Cyprus (company number HE 256351) with a registered address at Avlonos 1, Maria House, 1075 Lefkosia, Cyprus trading as Skylum Software ("us" or "Skylum").
安裝或使用本協議中提到的軟件,即說明你承認閱讀了本協議,你理解它,並且你同意接受本協議約束。你使用此軟件即被視為接受並同意這些條款和條件的約束。
If you are accepting this Agreement on behalf of a company, organization, educational institution, foundation, trust, or any other legal entity as its authorized legal representative, then you represent and warrant that you have the power and authority to bind such entity to these terms. References to "you" in this Agreement refer to both an individual end user and to any legal entity on whose behalf you are accepting this agreement.
本協議包含Skylum隱私政策的引用,因為隱私政策可能會不時修改,這裡作為本協議的一部分,就像全文在此重複。
本協議要求仲裁裁決,並限制你在法庭上提起訴訟的權利。
注意:
本協議連同列入本協議作參考的任何附加條款或政策,代表你和Skylum軟件的全部約定,並且本協議取代和替換任何之前的口頭或書面的提議、陳述,或你可能與Skylum有關軟件的理解。
You should print or save a copy of this Agreement for future reference.
"Software" as used in this Agreement is defined as including (a) (i) all software files and other computer information, including all of the contents of the downloads, files, including setup files, disk(s), CD-ROM(s) or other media (if applicable) provided to you by Skylum or its affiliates, licensors and resellers under the brands SKYLUM™, LUMINAR™ (including Luminar X), AURORA HDR™, and PHOTOLEMUR™; (ii) registration information, i.e. each and every license key or activation code which is unique for your registration name and/or email address; (iii) sample and stock photographs, images, sounds, clip art and other artistic works bundled with Skylum software or made available by Skylum on any website operated by Skylum or its affiliates as compatible for use with the Skylum software; (iv) other digital products for use on computers, mobile devices and other electronic devices, which are developed by Skylum or its licensors and made available by Skylum, including without limitation, presets, photographic filters, photographic textures, overlays, software plug-ins, instructional materials, and any software code developed and produced by third party licensors and made available by Skylum (unless provided under separate end-user license agreements);(v) cloud-based Software (or its parts), including, without limitation, generative AI (algorithms based on machine learning) features of the Software, or other parts of the Software executed on Skylum's or third-party cloud servers; and (b) any Updates (as defined in Section 1.7), Upgrades (as defined in Section 1.7), and any other enhancements, modifications, revisions, or additions to the Software made by Skylum and made available to end-users, to the extent not provided under separate terms.
In consideration of and subject to your full and ongoing compliance with the terms and conditions of this Agreement and payment of all applicable fees for the use of the Software, Skylum hereby grants to you, and you accept, a personal, limited, nonexclusive, nontransferable, non-assignable (except as set forth in Section 1.6), revocable license to use the Software during the Term (as defined in Section 5) in machine-readable, object code form only, and any user manuals or explanatory written materials and files accompanying Software ("Documentation"), only as authorized in this Agreement. Skylum reserves all rights not expressly granted to you under this Agreement.
你的軟件使用許可取決於本協議中陳述的限制、補充條款和條件。任何違反本協議中的限製或其他條款和條件的軟件使用將被視為違反本協議,是未被許可的。
The Software may not be used in the operation of a web service or other online service you provide for others, or for the benefit of any other person or entity. It must only be used for your own personal use or internal business processes (if purchased by an entity). You may use the Software only as activated by a license key/activation code, on computers or other devices which utilize Apple or Windows Operating Systems, which devices are owned, leased, or otherwise controlled by you at the same time (each, an "Authorized Device"). If you need to substitute one Authorized Device with another Authorized Device, please contact Skylum customer service at [email protected] for assistance. For purposes of this Agreement, "use" of the Software means access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation and as authorized herein.
If you purchased your license (including subscription license) to use the Software directly from Skylum's digital store or marketplace, from www.skylum.com or www.aurorahdr.com, www.photolemur.com, or other sites operated by Skylum (the "Websites"), and if you are not completely satisfied with the Software for any reason, you may return (or cancel the subscription for) the Software, together with your receipt or any other proof of purchase of the Software (or the subscription), for a refund of the money you paid for the Software (less any applicable taxes or other fees) at any time during the thirty (30) day period following the date of purchase. Upon receiving a refund you shall cease any and all use and destroy all copies, full or partial, of the Software for which you no longer possess a paid-up license. Skylum reserves the right to disable the Software and\/or any Software product license keys and\/or activation codes issued to you for the refunded Software. We will not refund or credit the difference between the price you were charged and any later price reduction, such as a special sales event, promotion or discontinuation pricing.
Please note: If you purchased a license to use the Software through one of Skylum's partners or authorized resellers or distributors (for example, through the Apple App Store or Google Play), you must follow the terms and conditions of that partner, authorized reseller or distributor with respect to any returns and/or refunds. Any applicable returns and/or refunds shall be made only through the partner, authorized reseller or distributor, and not from Skylum.
儘管與上述情況相反,但以下資料不予退款:
教育內容和資料,例如視頻教程、電子書、指南和其他類似資料;和
附加電子內容,如攝影預設置和攝影紋理。
另外,Skylum可能拒絕以下情況的退款要求:
Software was purchased for the wrong platform or operating system; Inability to operate the Software in your computing environment or on your Authorized Device;
因操作錯誤無法使用軟件;或
任何實際或可疑的欺詐或不當行為,包含但不限於任何信用卡或借記卡欺詐。
If you obtained a trial or evaluation version of the Software, you may use the Software for a limited time period which varies and specified in the offer terms (the "Trial Period"). You may use the Software during the Trial Period for internal non-commercial purposes, solely to evaluate the suitability of the Software for your needs. You must purchase a license key/activation code to be able to continue the use of the Software after the expiration of the Trial Period. If you do not purchase a license key/activation code to use the Software prior to the expiration of the Trial Period, then at the expiration of the Trial Period, you must cease any and all use of the Software, the Software will be deactivated, and this Agreement and all your rights and licenses hereunder will terminate.
除本協議授權外,你或你的下屬或你控制的任何人不得複制軟件、文檔或許可證密鑰/激活碼或其任何部分。你必須保證所有軟件副本和許可密鑰/激活碼的安全。你全權負責保護你的個人數據、許可證密鑰/激活碼和授權設備免受未授權訪問、使用和復制的危害。
(b) 你不得逆向代碼、反編譯、反彙編、複製或翻譯你獲取的軟件或任何許可證密鑰/激活碼,或嘗試從你獲取的目標代碼中獲取源代碼。
你不得修改或改寫軟件,或濫用你以任何方式獲取的許可證密鑰/激活碼。
You may not sell, license, sub-license, publish, display, disclose, rent, lease, modify, loan, distribute, alter or create derivative works based on the Software itself or any part thereof. except strictly and solely to the extent that (by virtue of any applicable law that cannot be excluded by contract) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Software with another software program, and provided further that you must notify in writing Skylum in advance of carrying out any such activity and shall allow Skylum the opportunity to either terminate this Agreement (if permitted under applicable law) or supply the relevant information at reasonable commercial rates to avoid your need to carry out such activity; provided further that any information obtained by you during such activities: (i) is used only for the purpose of achieving inter-operability of the Software with another software program; and (ii) is not unnecessarily disclosed or communicated to any third party without Skylum's prior written consent in each instance; and (iii) is only disclosed or communicated to any third party strictly on a need-to-know for the relevant purposes, and subject to written undertakings of confidentiality and limitations on use.
All the textures, objects and images inside the application are purposed solely to modifying or incorporating new creative elements since they will only be used as layers in a photo by the end-user. We are not selling the photos/templates.
You may not sell, license, sub-license, publish, display, disclose, rent, lease, modify, loan, distribute Textures, Overlays, Stickers, Sounds, Text Labels, Camera Color Profiles, Scripts, Images for User Interface, Sample Images, Images for Tutorials as all of these are part of the Product and can't be used, transferred, copied outside of the product.
Activation of as well as continuation of the subscription license for the Software requires Internet connectivity. Upon payment of applicable fees for the use of the Software and your acceptance of this Agreement, you will be provided with a license key/activation code and you will be requested to provide to Skylum your email address in order to activate the use of the Software on your Authorized Device(s).
在每個案例中未經Skylum事先書面同意,你不得分配、轉讓、分許可、分包、租賃、出租、抵押或借出本協議所准許的你擁有的軟件、文檔或許可證密鑰/激活碼的權利。
Skylum以其唯一且絕對的自由裁量權,可以將本協議及其在此之下所有權利義務轉讓給任何關聯實體、任何利益繼承人或任何第三方。
就本協議而言:
"Update" means any modification, addition, enhancement, revision, bug fix or other change to the then-current version of the Software.
"Upgrade" means a new version of the Software issued by Skylum from time to time in its sole discretion (typically once every calendar year).
Each Update to the current version of the Software will be distributed free of charge to you as long as your license is effective; you may be notified that the Update is available through an in-program notification, via the e-mail address you provided upon registration of the Software, or through our website. Skylum may provide Updates to each version of the Software for a period of twelve (12) calendar months after the date of the release of each such version.
升級將需要支付額外費用。如有可用升級,將會通過我們的網站、應用內通知,或軟件用戶的電子郵箱提示,並將遵守Skylum全權決定的其他條款和條件。
本協議中沒有任何明示或默示的規定要求Skylum宣布或提供任何更新或升級,並且本協議未給予你任何前述的權利。你進一步確認,為了獲取任何更新或升級,你的授權設備必須要連接到互聯網,並且提供給Skylum的電子郵件必須是最新的。
如果需要任何更新或升級的支持,請發郵件至[email protected]聯繫Skylum客戶服務。
以下補充條款適用於該軟件的使用:
軟件可能無法兼容所有的操作系統或硬件,並且兼容系統可能會不時改變。我們不擔保或保證之前的任何兼容系統將會一直可兼容。
如果你的個人數據、許可證密鑰/激活碼或你的授權設備或其內容被除你之外的任何人訪問,Skylum將不承擔任何責任。如果你的許可證密鑰/激活碼被偷盜,或者你懷疑在你控制之外的任何不當或非法使用你的許可證,你必須及時通知Skylum該事件的發生。你將會得到一個更換的許可證,可疑的許可證將會被作廢和/或終止。 Skylum將不會對作廢和/或終止許可證相關的任何損害或費用承擔任何責任。
你對於所有軟件訪問或通過軟件使用的數據、照片和圖像的備份全權負責。 Skylum對於數據、照片或圖像的丟失、毀壞或損害等造成的損失不負任何責任。
The Software may automatically download additional third-party software to enable the Software to run on a particular server or device. Any such third-party software is provided purely "AS IS," and "AS AVAILABLE," without warranty of any kind other than as may be provided by the owner or distributor of said third-party software. Furthermore, Skylum does not provide you with any third party licenses that may be required to use or run this Software on your Authorized Device(s). It is solely your responsibility to obtain any other licenses you may need to operate the Software, including operating system licenses. You agree that you will not use the Software in any way that conflicts with or violates the terms of service or other agreements between you and any third party.
如果你通過第三方經銷商或分銷商購買軟件使用許可證,那麼你需要遵守這個第三方的附加條款和條件。
軟件的某些功能,更新和升級可能需要你的授權設備接入互聯網。你全權負責獲取這樣的網絡連接,支付費用,並遵守互聯網服務提供商的使用條款。
除非本協議准許或與其設計或文檔一致,否則你將不能使用軟件。
在下載、安裝和使用軟件時,你同意遵守所有的法律和法規,包括你下載所在地方的法律和法規。你不得以任何方式使用軟件發布或傳播任何違法或令人反感的資料或該資料的鏈接,也不得侵犯任何第三方的任何權利(包括知識產權)。
你同意在使用軟件的過程中,你將不會違法任何適用的條例、法律或法規。
你必須遵守所有的認證流程,包含但不限於許可證密鑰的要求和流程。
你不得乾涉或破壞軟件的運行,包括以黑客或損壞的方式限製或禁止任何他人使用軟件。嚴格禁止傳播或使軟件接入任何拒絕服務攻擊,病毒,蠕蟲病毒,木馬或其他惡意軟件或有害代碼或活動。你不得嘗試探測、掃描或檢測系統或網絡的安全隱患,或未經適當的授權違反安全或認證流程。並且,你不得在我們的基礎架構上進行不合理或不成比例地大量加載或嘗試大量加載,是否構成此行為由我們全權決定。
Please see our Privacy Policy ("Data We Collect About You") regarding information and data we collect. Skylum monitors Software usage and reserves the right to remedy violations of any of the terms of this Agreement as provided in this Agreement.
Skylum和/或其許可方擁有並且會繼續擁有對軟件和文檔的所有權利和利益,包括相關版權、商業機密、專利或商標法律下面的知識產權。除非有本協議明確授予你的有限的、可撤銷許可證,本協議不授予你對於軟件或文檔或其他任何Skylum或其許可方知識產權的任何所有權或其他權益,不管是通過默示、禁止反悔或其他任何方式。 Skylum用於連接軟件或Skylum提供服務的任何和所有的商品商標或服務商標都是Skylum或其許可方擁有的商標。本協議不授予你對於這些商標的任何權利、許可或利益,你不得聲稱對這些商標或任何與這些商標容易混淆的語言或設計的任何權利、許可或利益。
通過軟件展示或訪問的任何內容(例如照片或圖像)的權利和知識產權屬於各自的內容擁有者。這些內容可能受著作權或其他知識產品法律和條約的保護,可能受制於提供該內容的第三方的使用條款。本協議並不授予你任何使用該內容的權利,你應當為使用該內容擔負責任。
你只能允許正當擁有許可證密鑰/激活碼的授權用戶使用軟件或查看文檔。除非本協議有明確授權,你不得為任何第三方提供軟件、文檔或任何許可證密鑰/激活碼,或出於本協議下所明確賦予你的行使權力之外的其他目的使用軟件、文檔或任何許可證密鑰。你同意與Skylum合作並協助Skylum識別和防止任何未授權的使用、複製,或洩露軟件、文檔或其任何部分。
你同意與隱私政策一致的數據收集和使用,該隱私政策可能會由Skylum不時修改或更新。
在你接受本協議、支付適用的軟件使用許可證費用,並收到一個或多個許可證密鑰/激活碼後,就可以使用軟件。除非有本協議條款1.3提供的情況,許可證費用不可退回。
This Agreement is effective upon your acceptance of the Agreement, or upon your downloading, installing, accessing, and using the Software, any Update or Upgrade, even if you have not expressly accepted this Agreement. This Agreement shall continue in effect until expiration or termination as provided herein (the "Term").
Without prejudice to any other rights, this Agreement will terminate automatically without notice to you if you breach or fail to comply with any terms of this Agreement, including without limitation, the payment of any applicable license fees. You agree that in any such case Skylum may, in addition to any other remedies it may have at law or in equity, remotely disable the Software.
通過提供書面的決定與Skylum終止協議的通知,並停止使用所有的軟件和文檔,你可以在任何時間終止本協議。
This Agreement terminates immediately if you file for bankruptcy, become insolvent, or make an assignment for the benefit of creditors.
本協議以任何原因終止或期滿後,Skylum將會禁用該軟件;你同意卸載軟件並將你獲得的軟件、文檔、及其所有副本和所有許可證密鑰/激活碼退還給Skylum,或將所有這些資料銷毀並給Skylum提供書面的銷毀證明。
You will, at your own expense, defend, indemnify and hold Skylum, its affiliates, licensors, agents and representatives, and its and their officers, directors, members, partners, and employees of Skylum, its affiliates and its and their licensors, agents and representatives, harmless from and against any and all claims, actions, liabilities, losses, damages, judgments, grants, costs, and expenses, including reasonable legal and/or attorneys' fees, arising out of any use of the Software or the Documentation by you, any party related to you, or any party acting upon your authorization, in violation of this Agreement or in any manner that is not expressly authorized by this Agreement, or in the event of any act or omission which is, or can be determined to be, a breach of any of the terms of this Agreement or any of your representations or warranties made hereunder, or in relation to your use of the Software (including without limitation, in relation to content and personal data).
Trial versions of Software are made available "as-is" and without any express or implied warranties whatsoever.
After your payment of license fees, the following limited warranty shall apply: Skylum warrants that licensed Software will perform substantially as described in the Documentation that accompanies the Software, provided you follow all of Skylum instructions and other requirements, including those related to the operating system(s), devices and other technical capabilities. This limited warranty does not cover problems that you cause, or that arise when you fail to follow Skylum's instructions or Documentation, or that are caused by events beyond Skylum's reasonable control. The limited warranty starts when the first user of your copy of the Software acquires that copy or an Upgrade of the Software, and lasts for one year. Any Updates or replacement Software that you may receive from Skylum during that year are also covered, but only for the remainder of that one-year period or for 30 days, whichever is longer. Skylum gives no other express warranties, guarantees, or conditions, nor may any warranty claims whatsoever be brought against Skylum's resellers, agents or distributors.
[Provided you properly notify Skylum with a specific description of the Software's nonconformance within the warranty period and we validate the existence of such nonconformance, we will, at our option:
repair or replace the nonconforming Software, or
refund the license fees paid for the applicable nonconforming Software in exchange for a return of such nonconforming Software.
This is your sole and exclusive remedy under this warranty.]
EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY GRANTED TO YOU IN SECTION 7.1, THE SOFTWARE AND DOCUMENTATION ARE LICENSED "AS IS," AND SKYLUM, FOR ITSELF AND ON BEHALF OF ITS RESELLERS, AGENTS AND DISTRIBUTORS, DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, TITLE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE FULLEST EXTENT AUTHORIZED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SKYLUM, FOR ITSELF AND ON BEHALF OF ITS RESELLERS, AGENTS AND DISTRIBUTORS, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, AND DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR (OR ANY PARTICULAR) REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH FUTURE SKYLUM'S PRODUCTS, OR THAT ANY INFORMATION OR DATA STORED OR TRANSMITTED THROUGH THE SOFTWARE WILL NOT BE LOST, CORRUPTED OR DESTROYED. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE SOFTWARE. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SOFTWARE.
在適用法律允許的最大範圍內,在任何情況下,無論是本合同下產生的,侵權(包括過失),違反法定義務,通過賠償或本協議下或與其相關的任何方式產生的責任,Skylum及其附屬公司,經銷商,代理商或分銷商都不對你或與你相關的任何一方承擔如下責任:
任何間接,附帶或結果的損害;
特別的,示範性或懲罰性賠償(包括但不限於商業利潤損失,商業中斷,信息損失,數據損失或經濟損失的賠償),或者其他即使Skylum被告知這種損害的可能性;
商業機會的損失; 或
失去善意或聲譽。
IN NO EVENT WILL SKYLUM'S TOTAL AGGREGATE AND CUMULATIVE LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY AND ALL CLAIMS OF ANY KIND ARISING HEREUNDER EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO SKYLUM IN THE TWELVE MONTHS PRECEDING THE CLAIM FOR THE USE OF THE SOFTWARE GIVING RISE TO THE CLAIM. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE PARTIES FURTHER INTEND THE EXCLUSION OF CONSEQUENTIAL DAMAGES AS AN INDEPENDENT AGREEMENT APART FROM ANY OTHER REMEDY PROVIDED HEREIN.
7.4. 某些限制.
有些管轄區域不允許某些類型保證、損害或責任的排除或限制,因此上述排除和限制可能不適用於你。但是在這種情況下,條款7中所列的排除和限制應當在適用法律下最大限度地實施。
If you provide any ideas, feedback, suggestions, materials, information, opinions, or other input to Skylum ("Feedback"), regardless of any accompanying communication, Skylum has no obligation to review, consider, or implement your Feedback. All such submissions are made on a non-confidential basis. Skylum and its successors and assigns have an unconditional and unlimited right to use, reproduce, modify, and disclose such Feedback without any compensation or attribution, and you waive and agree not to assert any so-called "moral rights" you may have in the Feedback.
本協議將受紐約法律管轄,不涉及任何適用法律、條例、規定的衝突條款。本協議不受《聯合國國際銷售貨物合同公約》的管轄,其適用被明確排除。
仲裁。 因本協議或與本協議有關的任何糾紛、爭議或索賠,或違反本協議的行為,應由美國仲裁協會根據其商業仲裁規則進行仲裁解決,並且仲裁員做出的裁決可以進入有管轄權的任何法院。仲裁應在紐約州的紐約縣,以英語進行。仲裁開始後十五(15)天內,雙方應當同意一名仲裁員,或者如果他們不能達成一致,那麼雙方應當各選一(1)個人擔任仲裁員,並且這兩(2)位仲裁員應當在他們任命的十(10)天內選擇第三位仲裁員。如果雙方選擇的仲裁員不能夠或者未能就第三位仲裁員達成一致,那麼第三位仲裁員應由美國仲裁協會選出。與仲裁的迅速性相一致,在任一方的書面請求下,另一方將盡快將由索賠或反訴所提出的問題有關的文件副本提供給對方。任何關於發現或相關性或範圍的糾紛,都應由仲裁主席決定,並且是決定性的。任何仲裁要求必須在此類爭端、索賠或訴訟原因發生後一(1)年內提出,或將永遠被禁止,不管任何相反的法律或條例。仲裁員不應當在本條款下發起的任何仲裁中裁決追加或懲罰性賠償。除非有法律要求,未經雙方事先書面同意,任何一方或仲裁員都不得洩露任何仲裁的存在、內容或結果。在適用法律允許的範圍內,本仲裁協議範圍內的所有索賠和爭議必須以個人為基礎而不是以類別為基礎進行仲裁或訴訟,不止一位貢獻者、技術人員或用戶的索賠不能與其他貢獻者聯合或合併仲裁或起訴。
如有任何司法或行政當局在特定情況下宣布本協定的任何條款或規定無效或不可執行,本聲明將不影響在此其餘條款和規定的有效性或可執行性,也不影響在任何其他情況下的違反條款或規定的有效性或可執行性。為了實現原意,該條款將在法律允許的範圍內得到最大限度的解釋和執行,如果沒有法律所允許的解釋或執行,則應被視為與本協議背離。
本協議第3、5、6、7、8條及其所有章節應在本協議終止或期滿後繼續有效,不論任何終止或期滿的原因,都應無限期有效並具有約束力。
本協議中包含的所有條款和章節的標題僅供參考,並不影響本協議的含義或解釋。
任何一方未能或遲延行使或執行本協議賦予的任何權利或補救措施,或在違反本協議時對另一方採取行動,不得視為該方放棄該項權利或任何其他權利或補救措施,也不得阻止或限制該項權利或其他權利或救濟的進一步行使。任何單一或部分行使該權利或補救措施,均不應防止或限制該項權利或其他權利或補救的進一步行使。
Skylum reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement on its Websites, provided that disputes arising hereunder will be resolved in accordance with the terms of the Agreement in effect at the time the dispute arose. Please review the published Agreement from time to time to make yourself aware of changes. Material changes to these terms will be effective upon the earlier of (i) your first use of the Software with actual knowledge of such change, or (ii) 30 days from publishing the amended Agreement on the Websites. Notwithstanding the above, changes to the Agreement that do not diminish your legal position under this Agreement, such as, without limitation, addition of sections regulating new features of the Software, become effective immediately upon posting an updated version of the Agreement. If there is a conflict between this Agreement and the most current version of this Agreement, posted on the Websites, the most current version will prevail. Your use of the Software after the amended Agreement becomes effective will constitute your acceptance of the amended Agreement. If you do not accept amendments made to this Agreement, then it is your responsibility to terminate this Agreement pursuant to Section 5.
You shall, in addition to the license fees required under this Agreement, pay all applicable sales, use, transfer, value added, or other taxes and all duties, whether national, state, or local, however designated, that are levied or imposed by reason of the transaction contemplated under this Agreement, excluding income taxes on the net profits of Skylum. You shall reimburse Skylum for the amount of any such taxes or duties paid or incurred directly by Skylum as a result of this transaction, and you agree that Skylum (or its third party reseller or distributor) may charge any such reimbursable taxes to the payment instrument you used for your initial payment.
You may not use, export, re-export, import, sell or transfer the Software except as authorized by United States (U.S.) law, the laws of the jurisdiction in which you obtained the Software, and any other applicable laws and regulations ("Applicable Law"). You represent and warrant that (i) you are not located in a country that is subject to an embargo under Applicable Law, or that has been designated under Applicable Law as a "terrorist supporting" country; and (ii) you are not listed under Applicable Law on any of prohibited or restricted parties. You also acknowledge that the Software may be subject to other U.S. and foreign laws and regulations governing the export of software by physical and electronic means. You agree to comply with all applicable U.S. and foreign laws that apply to Skylum as well as end-user, end-use, and destination restrictions imposed by U.S. and/or foreign governments. You also agree that you will not use the Software for any purposes prohibited under Applicable Law, including, without limitation, the development, design, manufacture or production of weapons or child pornography.
Skylum will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this Agreement that is caused by an Event Outside Our Control. An "Event Outside Our Control" is any act or event beyond the reasonable control of Skylum, including without limitation failure of public or private telecommunications networks or power disruptions. If an Event Outside Our Control takes place that affects the performance of Skylum's obligations under this Agreement, Skylum's obligations under this Agreement will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside Our Control.
本協議使用英語編訂。本協議的任何翻譯版本都是應當地要求而製作,如有在英語版本和任何非英語版本之間發生衝突的情況,本協議的英語版本將為主導版本。
The name of the Software, Skylum, Skylum Software, the Skylum logo, Luminar, the Luminar logo, the Luminar X logo, Aurora HDR, the Aurora HDR logo, Photolemur, the Photolemur logo, and all related titles and logos are either registered trademarks or trademarks of Skylum in the United States and/or other countries. All other trademarks are the property of their respective owners.
如需發送信息,你可以發郵件至[email protected]聯繫Skylum。訪問網站獲取更多關於軟件和Skylum其他產品和服務的信息。
如果我們需要聯繫你或給你書面通知,我們將會發送郵件至你獲取軟件激活碼/許可證密鑰時使用的電子郵箱,或者你可能提供給我們的最新的電子郵箱。
你發送給我們的任何通知,或我們發送給你的任何通知,在郵件發出後24小時後都將被視為收到並被妥善處理。關於任何通知服務的證明,這個將充分證明任何已發送給具體收件人電子郵箱的郵件。
This Agreement also incorporates by reference the Terms and Conditions of Subscription for X Membership as they may be amended from time to time, and which are made a part of this Agreement as if repeated in full but apply only for X Membership and updates to it.
You are prohibited from using Luminar Neo Generative AI features, including Output, for developing and/or training any machine learning and/or AI models and/or technologies.
When you use Luminar Neo Generative AI features, you may be asked to input or upload content, such as an image or text (including any output parameters, such as aspect ratio, style, etc.) (collectively, “Input”). The Input will be used by the Software to generate an output, such as an image, text, text effects, or vector graphic file, which will be provided within the Software (“Output”).
The Input and Output, as well as your use of Luminar Neo Generative AI features must be used in accordance with this Agreement and Luminar Neo Generative AI Guidelines available at https://skylum.com/ai-guidelines-policy (the “Guidelines”), which are incorporated in this Agreement by reference and may be modified from time to time, with modifications becoming effective immediately upon publication of the updated version. Skylum reserves the right to restrict, suspend, or terminate your access to the Luminar Neo Generative AI capabilities, or terminate your license to Luminar Neo, at any moment, without compensation and prior notice to you.
You are fully and solely responsible for your Input. You must not submit any Input that violates the Agreement, including the Guidelines, including, without limitation, an Input that:
We may automatically block your Input, in our sole discretion, if we believe it violates the rights of a third party, applicable law, or this Agreement, including the Guidelines.
You are fully and solely responsible for the creation and use of the Output and for ensuring that such use complies with the Agreement, including the Guidelines, and the applicable law.
We may use available technologies, vendors, or processes to (i) screen for and block Output that may violate applicable law, the rights of a third party, or this Agreement, including the Guidelines, and/or (ii) add watermarks or metadata to the Output indicating the generative AI features applied to the Output, before the Output is delivered to you.
Use of Luminar Neo Generative AI features may produce Output that is unexpected or unsuitable for some users. The Output may not be unique and other users of generative AI features may generate the same or similar Output.
We do not claim any intellectual property rights to the Input or the Output. As between you and us, you own the intellectual property rights to the Input and the Output.
At the same time, depending on the applicable intellectual property laws, your rights to the Input, the amount of AI-generated content in the Output, and other factors, the Output may not be copyrightable and/or otherwise protectable by intellectual property rights.
When using the Luminar Neo Generative AI features, your Input is processed in a cloud-based environment. However, we do not retain, store, or use your Input for any purpose other than the intended editing functions. Your Input is processed solely to deliver the Output requested by you.
ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RESPECT OF THE Luminar Neo Generative AI FEATURES AND THE OUTPUT, INCLUDING, WIHTOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, ETC., ARE EXPRESSLY DISCLAIMED.
You will, at your own expense, defend, indemnify and hold Skylum, its affiliates, licensors, agents and representatives, and its and their officers, directors, members, partners, employees and contractors of Skylum, its affiliates and its and their licensors, agents and representatives, harmless from and against any and all claims, actions, liabilities, losses, damages, judgments, grants, costs, and expenses, including reasonable legal and/or attorneys' fees, arising out of any use of Luminar Neo Generative AI features and/or any use of Output (including, without limitation, arising out of your violations of third party intellectual property rights, privacy rights, defamation, disparagement, etc.) by you, any party related to you, or any party acting upon your authorization.