Product licenses and terms of use

1. 許可證

1.1. 許可證的授予.

"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.

1.2. 軟件的使用；授權設備數量

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.

1.3. Thirty Day Money Back Limited Guarantee for Purchases Made Directly from Skylum's Stores

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。

1.4. 評估許可證.

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.

1.5. 限制.

1. (a)

   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。

2. (b)

   (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。

3. (c)

   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。

4. (d)

   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.

1.6 軟件激活；權利轉讓

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。

1.7. 更新和升級

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。