This End-User License Agreement (this "Agreement") is a legal contract between you, as either an individual or an Entity (as defined below), and Macphun Software (or, based on where you live or if an Entity where your principal place of business is located, one of its affiliates) ( "Macphun" ).
Read the terms and conditions of this agreement carefully before downloading, installing, obtaining a license key/activation code, or otherwise accessing or using macphun’s proprietary software, including without limitation, software products aurora hdr and any of its versions, and any other software of or other product of macphun or its licensors, accompanied by this agreement (the "SOFTWARE").
The software is copyrighted and it is licensed to you under this agreement, not sold to you. By downloading, installing, obtaining a license key/activation code, or otherwise accessing or using the software, you acknowledge that you have read this agreement, that you understand it, and that you accept and agree to be bound by its terms. If you are accepting this agreement on behalf of a company, organization, educational institution, or any other agency (an "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, and references to "you" herein refer to both you, the individual end user, and the entity on whose behalf you are accepting this agreement.
If at any time you are not willing to be bound by the terms of this agreement, you should click the “i do not accept” or similar button, terminate the download and/or installation process, immediately cease and refrain from accessing or using the software and delete any copies you may have. This agreement, along with any additional terms or policies incorporated herein by reference, represents the entire agreement between you and macphun concerning the software, and this agreement supersedes and replaces any prior proposal, representation, or understanding you may have had with macphun relating to the software, whether orally or in writing.
Subject to your full and ongoing compliance with the terms and conditions of this Agreement, including without limitation payment of all applicable fees for the use of the Software, Macphun hereby grants to you, and you accept, a personal, limited, nonexclusive, nontransferable/non-assignable (except as set forth in Section 1.6 below), revocable license to use the Software during the Term (as defined below) in machine-readable, object code form only, and the user manuals and other related explanatory written materials and files accompanying the Software (the "Documentation" ), only as authorized in this Agreement. For purposes of this Agreement, the “Software” includes (a) all of the information with which this Agreement is provided, including but not limited to: (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) containing the Software; (ii) registration information, i.e. license key(s)/activation code(s) 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 Macphun software or made available by Macphun on its website(s) for use with the Macphun software and not obtained from Macphun through a separate service, if applicable (unless otherwise noted within that service) or from another party; and (b) any Updates (as defined below), Upgrades (as defined below), enhancements, modifications, revisions, or additions to the Software made by Macphun and made available to end-users, to the extent not provided under separate terms. Notwithstanding the foregoing, Macphun shall be under no obligation to provide any Updates, Upgrades, enhancements, modifications, revisions, or additions to the Software.
Your license to use the Software is conditioned on the following license restrictions, and any use of the Software in violation of any of these restrictions, or any of the other terms of this Agreement is a breach of this Agreement and is unlicensed. You may use the Software activated by a license key/activation code on up to five (5) computers or other devices which utilize Apple or Windows Operating Systems and are owned, leased, or otherwise controlled by you at the same time (each, an "Authorized Device" ). In the event you need to substitute one Authorized Device with another Authorized Device, please contact Macphun customer service at email@example.com 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.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Macphun reserves all rights not expressly granted to you. Macphun retains the ownership of the copyright in and to the Software.
If you purchased a license to use the Software from Macphun digital store www.aurorahdr.com and if you are not completely satisfied with the Software for any reason, you may return the Software, together with your receipt or any other proof of purchase of the Software, 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 valid, purchased license. Macphun reserves the right to disable the Software and/or any Software product license keys and/or activation codes issued to you for the refunded products.
Notwithstanding anything to the contrary provided herein, no refunds are offered for the following materials:
In addition, Macphun may decline refund claims in the following cases:
If you purchase a license to use the Software through one of Macphun partners or authorized resellers or distributors (e.g. Apple App Store), you must follow the terms and conditions of that partner, authorized reseller or distributor with respect to any returns and/or refunds. In this case, any applicable returns and/or refunds shall be made through the partner, an authorized reseller or distributor.
In the event you obtained a trial or evaluation version of the Software, you may use the Software for a limited time period of fourteen (14) days (the "Trial Period" ). You may use the Software during the Trial Period for internal noncommercial purposes, solely to evaluate the suitability of the Software for your needs. Upon the expiration of the Trial Period you must purchase a license key/activation code to be able to continue the use of the Software beyond 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, at the expiration of the Trial Period, you shall cease any and all use of the Software, the Software will be deactivated by Macphun, and this Agreement and all your rights and licenses hereunder will terminate.
Except and solely to the extent that such a restriction is prohibited under applicable law, you may not reverse engineer, decompile, disassemble, copy or otherwise translate the Software or any license keys/activation codes you have obtained. You may not modify or adapt the Software or any license keys/activation codes that you have obtained in any way. Any such copies of the Software, Documentation, or license keys/activation codes shall include any copyright or other proprietary notices that were included on such materials when you first received them. Except as authorized in this Section, no copies of the Software, Documentation, or license keys/activation codes, or any portions thereof, may be made by you or any person under your authority or control.
You acknowledge and agree that activation of 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 Macphun your email address in order to activate the use of the Software on your Authorized Device(s). You shall not sublicense, lease, rent, or lend your rights in the Software, Documentation, or license keys/activation codes, as granted by this Agreement, without prior written consent of Macphun, except that you may make a transfer of the Software, to include your license key/activation code received from Macphun and necessary to activate the Software, to another third party prior to the event of your activation of the Software using such license key/activation code and your email address. Such transfer to another party is subject to the following conditions: (a) the transfer must include all of the Software, including all its component parts, original media, printed materials, license key/activation code and this license; (b) you shall not retain any copies of the license key/activation code, the Software, full or partial, including copies stored on a computer or other storage device (if applicable); and (c) the party receiving the Software, including a license key/activation code for the activation and use of the Software reads and agrees to accept the terms and conditions of this Agreement and assumes all of your obligations hereunder. Any and all transfer of the Software after the activation process was complete by using a license key/activation code and your email address is prohibited. Macphun may assign this Agreement without limitation. Any assignment in violation of the foregoing shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
For purposes of this Agreement, the "Updates" include any modifications, additions, revisions, bug fixes or other changes to the current version of the Software. For purposes of this Agreement, the "Upgrades" include a new version of the Software issued by Macphun from time to time in its sole discretion (typically once every calendar year). Any and all Updates to the current version of the Software are free of charge. In the event Macphun issues any Upgrades, such Upgrades are offered to the authorized users or new users of the Software for a separate fee and subject to the terms and conditions determined by Macphun in its sole discretion. Macphun will provide Updates for the initial version of the Software and for a respective Upgrade for a period of twenty four (24) calendar months since the date of the release of the initial version of the Software or its Upgrade respectively. You acknowledge that Macphun has no express or implied obligation to announce or make available any Updates, Upgrades, enhancements, modifications, revisions, or additions to the Software and that this Agreement does not give you any rights in or to any of the foregoing. You further acknowledge and agree that in order to obtain any of the Updates or Upgrades, your Authorized Device must be connected to the Internet. If you need any assistance with any of the Updates or Upgrades to the Software, please contact Macphun customer service at firstname.lastname@example.org
The following additional terms apply to the use of the Software:
(a) You acknowledge that this Agreement is concluded between you and Macphun only, and not any other company ( "Third Parties" ). Macphun only provides to you a license to use the Software on your Authorized Device(s) on the terms and conditions stated herein. Macphun does not provide you with any third party licenses that may be required to use or run this Software on your Authorized Device(s) and it is solely your responsibility to obtain all necessary software licenses from respective Third Parties including Apple and/or Microsoft. You agree that you may 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.
(b) Notwithstanding anything to the contrary in this Agreement, you may use the Software only on any Authorized Device owned, leased, or otherwise controlled by you.
(c) You acknowledge that if you purchased a license to use the Software from a third party reseller or distributor, you may be subject to the license agreement or other terms and conditions of such third party and such license agreement or other terms and conditions may be different from and/or in addition to the terms and conditions of this Agreement.
(d) You understand and acknowledge that some features of the Software may require your device to access the Internet. Your access and usage (including charges) may be subject to the terms of your cellular or internet provider agreement. You are always responsible for (i) understanding and complying with the terms of your own plans and agreements, and (ii) any issues arising from using or accessing networks, including public/open networks.
(e) You acknowledge that you are responsible for protecting your personal data, license key(s)/activation code(s) and your Authorized Device(s) from all unauthorized use and that Macphun will have no liability whatsoever in the event that your personal data, license key(s)/activation code(s) or your Authorized Device or its content is accessed by anyone other than you. If your license key/activation code is stolen, or if you suspect any improper or illegal usage of your license outside of your control you shall promptly notify Macphun of such occurrence. A replacement license will be issued to you and the suspect license will be disabled/terminated. Macphun shall not liable for any damages or costs incurred in connection with the disabled/terminated licenses
(f) You understand and acknowledge that you are solely responsible for creating backup files of all data, photographs and images accessed by or used through the Software and that Macphun is not liable for any damages relating to lost, corrupted or damaged data.
(g) You agree that you will not use the Software other than as permitted by this Agreement and that it will not use the Software in a manner inconsistent with its design or Documentation.
(h) You agree to comply with all laws and regulations when downloading, installing and using the Software, including any laws and regulations specific to your location of download. You must not use the Software in any way to publish or transmit any illegal or objectionable material or links to such material, nor to infringe the rights (including intellectual property rights) of any third party.
Macphun reserves the right, and you authorize Macphun, to gather data on key usage including license key/activation code numbers, IP addresses, Authorized Device(s) or other applicable device identifier, domain counts and other information deemed relevant, to ensure that our products and Software are being used in accordance with the terms of this Agreement. Macphun reserves the right to remedy violations of any of the terms of this Agreement immediately upon discovery, by remotely disabling the Software and terminating this Agreement. You agree not to block, electronically or otherwise, the transmission of data required for compliance with this Agreement. Any blocking of data required for compliance under this Agreement is considered to be violation of this Agreement and will result in immediate termination of this Agreement pursuant to Section 5.
You acknowledge that the Software and the Documentation are proprietary to Macphun, and the Software and Documentation are protected under United States copyright and other intellectual property laws and international treaties. You further acknowledge and agree that, as between you and Macphun, Macphun and/or its licensors own and shall continue to own all right, title, and interest in and to the Software and Documentation, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Software or the Documentation or any other intellectual property rights of Macphun or its licensors, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that Macphun uses in connection with the Software or with services rendered by Macphun are marks owned by Macphun or its licensors. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
You shall permit only authorized users, who possess rightfully obtained license keys/activation codes, to use the Software or to view the Documentation. Except as expressly authorized by this Agreement, you shall not make available the Software, Documentation, or any license key/activation code to any third party, or use the Software, Documentation, or any license key for any purpose other than exercising rights expressly granted to you hereunder. You agree to cooperate with and assist Macphun in identifying and preventing any unauthorized use, copying, or disclosure of the Software, Documentation, or any portion thereof.
The Software will be available to you for use upon acceptance of this Agreement, payment of applicable license fees for the use of the Software and your receipt of one or more license key(s)/activation code(s). Except as provided in Section 1.3 of this Agreement, the license fees paid by you are paid in consideration of the license granted under this Agreement. Except as provided in Section 1.3 of this Agreement, license sales are final and Macphun does not refund license fees under any circumstances. By accepting this Agreement, you fully understand that, except as provided in Section 1.3 of this Agreement, once a license fee payment is made for the use of Software, you will have no recourse for receiving a refund of any part of the fees.
This Agreement is effective upon your acceptance of the Agreement, or upon your downloading, installing, accessing, and using the Software, 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 of the limitations or other requirements described herein, including the payment of any applicable fees, and you agree that in any such case Macphun may, in addition to any other remedies it may have at law or in equity, remotely disable the Software. You may terminate this Agreement at any time by providing written notice of your decision to terminate the Agreement to Macphun and ceasing use of the Software and Documentation. Upon any termination or expiration of the Agreement for any reason, Macphun shall have the right to disable the Software; you agree to uninstall the Software and either return to Macphun the Software, Documentation, all copies thereof, and all license keys/activation codes that you have obtained, or to destroy all such materials and provide written verification of such destruction to Macphun.
You will, at your own expense, indemnify and hold Macphun, and all officers, directors, and employees thereof, harmless from and against any and all claims, actions, liabilities, losses, damages, judgments, grants, costs, and expenses, including reasonable 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 a manner that is not expressly authorized by this Agreement.
The trial Software is licensed “as-is” and without express warranties, guarantees and conditions. Macphun warrants that properly licensed Software will perform substantially as described in the Documentation that accompany the Software, provided you follow Macphun 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 Macphun’s instructions, or that are caused by events beyond Macphun’s reasonable control. The limited warranty starts when the first user of your copy of the Software acquires that copy, and lasts for one year. Any supplements, updates, or replacement Software that you may receive from Macphun during that year are also covered, but only for the remainder of that one-year period or for 30 days, whichever is longer. Transferring the software will not extend the term of the limited warranty. Macphun gives no other express warranties, guarantees, or conditions.
EXCEPT FOR THE SOLE LIMITED WARRANTY EXPRESSLY GRANTED TO YOU IN SECTION 7.1, THE SOFTWARE AND DOCUMENTATION ARE LICENSED “AS IS,” AND MACPHUN 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, MACPHUN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, AND DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR 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 MACPHUN’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. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SOFTWARE.
IN NO EVENT SHALL MACPHUN BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF DATA OR OTHER SUCH PECUNIARY LOSS), WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF MACPHUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MACPHUN’S TOTAL AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OF ANY KIND ARISING HEREUNDER EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR THE USE OF THE SOFTWARE GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS PRECEDING THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OR EXCLUSION OF CERTAIN TYPES OF WARRANTIES, DAMAGES, OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION 7 SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
If you provide any ideas, feedback, suggestions, materials, information, opinions, or other input to Macphun ( "Feedback" ), regardless of any accompanying communication, Macphun has no obligation to review, consider, or implement your Feedback, all such submissions are made on a non-confidential basis, Macphun 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.
This Agreement shall be governed by and interpreted in accordance with the laws of the state of California, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this Agreement shall be resolved in the federal or state courts situated within the San Diego County of the State of California, USA. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
If any term or provision of this Agreement is declared void or unenforceable in a particular situation, by any judicial or administrative authority, this declaration shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation. To the extent possible the provision will be interpreted and enforced to the greatest extent legally permissible in order to effectuate the original intent, and if no such interpretation or enforcement is legally permissible, shall be deemed severed from the Agreement.
Articles 3, 5, 6, 7, and 8 of this Agreement and all Sections thereof, shall survive the termination or expiration of this Agreement, regardless of the cause for termination or expiration, and shall remain valid and binding indefinitely.
The Article and Section headings contained in this Agreement are included for reference purposes only and shall not affect the meaning or interpretation of this Agreement.
The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
Macphun reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement on www.macphun.com and www.aurorahdr.com (collectively, the "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. We encourage you to 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. 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 constitutes 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, 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 Macphun. You shall reimburse Macphun for the amount of any such taxes or duties paid or incurred directly by Macphun as a result of this transaction, and you agree that Macphun (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. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list 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 Macphun 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 by U.S. law, including, without limitation, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.
Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.
The name of the Software, Macphun, Macphun Software, the Macphun logo, Luminar, the Luminar logo, Aurora HDR, the Aurora HDR logo and all related titles and logos are either registered trademarks or trademarks of Macphun in the United States and/or other countries. All other trademarks are the property of their respective owners.
You may contact Macphun at email@example.com or by visiting the Websites for more information about the Software and other Macphun products and services.
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