End-User License Agreement
IMPORTANT **READ CAREFULLY**
END-USER LICENSE AGREEMENT - IMPORTANT **READ CAREFULLY**
Pertaining to: LumaPix® FotoFusion® version 5.x / LumaPix® YearbookFusion® version 5.x Desktop (InSchool, InHouse, Publisher) / LumaPix® YearbookFusion Online
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single legal entity) and the manufacturer ("LumaPix") of the LumaPix product line identified above (FotoFusion version 5.x, YearbookFusion version 5.x, YearbookFusion Online) (“LumaPix PRODUCTS”).
The LumaPix PRODUCTS includes computer software, online applications and associated media, printed materials, and electronic documentation and Internet-based services. This EULA is valid and grants the end-user rights ONLY if the PRODUCT has been acquired from LumaPix or their distributors by legal means.
By installing, copying, downloading, accessing or otherwise using the LumaPix PRODUCTS, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use or copy the PRODUCTS, and you should promptly contact LumaPix for instructions on refunding the purchase of this product in accordance with LumaPix's return policies.
The term "COMPUTER" as used herein shall mean a single computer system upon which the PRODUCT operates.
The term "ACTIVATION CODE" as used herein shall mean credentials which enable the PRODUCTS to function as a licensed products on the COMPUTER.
The term "COMMERCIAL CONTENT" as used herein shall mean digital content provided by LumaPix and manipulated by the SOFTWARE, including by way of example graphical elements, templates, ready-made pages, page layout guides, and kits.
1. PRODUCT LICENSE
GRANT OF LICENSE: LumaPix grants you the following rights, provided you comply with all of the terms and conditions of this EULA:
SOFTWARE ACCESS AND USE
a. FOTOFUSION: Except as otherwise expressly provided in this EULA, you may install, use, access, display and run only one (1) copy of the SOFTWARE on the COMPUTER.
b. YEARBOOKFUSION DESKTOP (Publisher, AtSchool, InHouse licenses): Except as otherwise expressly provided in this EULA, you may install, use, access, display and run 40 installed copies of the SOFTWARE on separate COMPUTERS, accessible by users who are representatives of the distributor and/or the end-licensed institution (school, church, organization).
c. YEARBOOKFUSION ONLINE: There is no preset limit to the number of contiguous users who may login to the online application, providing they are representatives of the distributor and/or the end-licensed institution.
LICENSE TRANSFER: THIS LICENSE MAY NOT BE SHARED OR TRANSFERRED.
You may permanently transfer all of your rights under this EULA only as part of a permanent sale or transfer of the SOFTWARE, provided you retain no copies, if you transfer all of the SOFTWARE (including all component parts, the media and any printed materials, any upgrades, and this EULA), and the recipient agrees to the terms of this EULA. If the SOFTWARE is an upgrade, any transfer must also include all prior versions of the SOFTWARE.
a. FOTOFUSION: THE SOFTWARE MAY NOT BE USED CONCURRENTLY ON DIFFERENT COMPUTERS. The software may be licensed on up to three computers for the convenience of a single user, but cannot be used concurrently by two or more users under a single license.
b. YEARBOOKFUSION PUBLISHER, INHOUSE: THE LICENSE MAY ONLY BE USED BY THE DISTRIBUTOR (REP, SUBREP) AND THEIR ASSIGNED EMPLOYEES. The license cannot be assigned to a third party institution (school, church, organization). The distributor must assign one license per institution per year for the purposes of creating a yearbook/annual publication and related materials. Multiple institutions/clients cannot be served on a single license. The Publisher’s license may be used to access and create content for their licensed institutions, as well as marketing materials and related products, but may not be used to create content for unlicensed institutions.
c. YEARBOOKFUSION DESKTOP & ONLINE: A SINGLE LICENSE MAY NOT BE USED BY MULTIPLE INSTITUTIONS (school, church, organization). The distributor must assign one license per institution per year for the purposes of creating a yearbook/annual publication and related materials.
MANDATORY ACTIVATION: LUMAPIX PRODUCTS CONTAIN TECHNOLOGICAL MEASURES THAT ARE DESIGNED TO PREVENT UNLICENSED OR ILLEGAL USE OF THE SOFTWARE. LumaPix may choose to enforce said measures at their sole discretion at any time and without prior notice to you. You will be required to activate the PRODUCT through the use of the Internet. You may also need to reactivate the PRODUCT if you modify your COMPUTER or alter the PRODUCT.
RESERVATION OF RIGHTS: LumaPix reserves all rights not expressly granted to you in this EULA.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
CONSENT TO USE OF DATA. You agree that LumaPix may collect and use technical information related to its PRODUCTS. LumaPix may use this information solely to enforce this EULA and improve their products; LumaPix will not disclose this information to others.
INTERNET-BASED SERVICES COMPONENTS. The PRODUCTS contain components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that LumaPix may automatically check the version of the PRODUCTS and/or its components that you are utilizing and may provide upgrades or supplements to the PRODUCTS that may be automatically downloaded to your COMPUTER.
ADDITIONAL PRODUCTS AND SERVICES. The terms of this EULA apply to LumaPix updates, supplements, add-on components, or Internet-based services components of the PRODUCTS ("Supplemental Components") that LumaPix may provide to you or make available to you after the date you obtain your initial copy of the SOFTWARE, unless other terms are provided along with such Supplemental Components. If other terms are not provided along with such Supplemental Components and the Supplemental Components are provided to you by LumaPix then you will be licensed by such entity under the same terms and conditions of this EULA. THE LIMITED WARRANTY (IF ANY) INCLUDED WITH OR IN THIS EULA APPLIES TO SUCH SUPPLEMENTAL COMPONENTS (IF ANY) PROVIDED THAT YOU LICENSED THE SUPPLEMENTAL COMPONENTS WITHIN THE ORIGINAL TERM OF THE LIMITED WARRANTY. HOWEVER, PROVISION OF THE SUPPLEMENTAL COMPONENTS DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED. ALL OTHER DISCLAIMERS, EXCLUSIONS OF DAMAGES, AND LIMITATIONS OF LIABILITY AND REMEDIES SET FORTH IN THIS EULA SHALL APPLY TO SUCH SUPPLEMENTAL COMPONENTS.
LumaPix reserves the right to discontinue without notice or compensation any LumaPix Internet-based services provided to you or made available to you through the use of the SOFTWARE.
LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the PRODUCTS, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You many not remove such licensing mechanisms as may exist in PRODUCTS or use a version of PRODUCTS which has had these features disabled.
DISTRIBUTION OF CONTENT. You may not reverse engineer, decompile, disassemble, alter, distribute, or remove digital rights management from any COMMERCIAL CONTENT.
RENTING OF PRODUCTS OR CONTENT. Except as expressly provided in this EULA or by local law, you may not otherwise make copies of the PRODUCTS, including the printed materials accompanying the PRODUCTS. You may not loan, rent, lease, lend or otherwise transfer the PRODUCTS, your ACTIVATION CODE, or COMMERCIAL CONTENT to another unlicensed user.
SEPARATION OF COMPONENTS. The PRODUCTS are licensed as a single product. Its component parts may not be separated for use on more than one computer.
SINGLE EULA. The package for the PRODUCTS may contain multiple versions of this EULA, such as multiple translations and/or multiple media versions (e.g., in the user documentation and in the software). The last dated EULA will apply.
TERMINATION. Without prejudice to any other rights, LumaPix may cancel this EULA if you do not abide by the terms and conditions contained herein. In such event, you must destroy all copies of the PRODUCTS and all of its component parts.
TRADEMARKS. This EULA does not grant you any a priori rights in connection with any trademarks or service marks of LumaPix. Marketing materials may be provided upon request to distributors.
If the PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by LumaPix as being eligible for the upgrade in order to use the PRODUCT ("Eligible Product"). PRODUCTS labeled as an upgrade replace and/or supplement (and may disable, if upgrading a LumaPix product) the existing Eligible Product. After upgrading, you may no longer use the PRODUCT that formed the basis for your upgrade eligibility (unless otherwise provided). You may use the resulting upgraded product only in accordance with the terms of this EULA. If the PRODUCT is an upgrade of a component of a package of programs that you licensed as a single product, the PRODUCT may be used and transferred only as part of that single product as per the EULA. Although LumaPix will make commercially reasonable efforts to maintain backwards compatibility, you risk denial of service if you decline the offer of a free upgrade to the PRODUCT.
4. INTELLECTUAL PROPERTY RIGHTS
5. PRODUCT SUPPORT
LumaPix will make commercially reasonable efforts to provide product support as described in the documentation for its PRODUCTS. LumaPix reserves the right to end support services for discontinued products and services. Reasonable efforts will be made to notify users of end-of-service for discontinued products and services previous to the end-of-service date.
6. EXPORT RESTRICTIONS
You acknowledge that the PRODUCT is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the products, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
7. USE OF LUMAPIX SERVERS
The PRODUCTS may enable you to transfer to and distribute personal material from LumaPix-controlled servers. You agree to respect the following limitations and not upload material that is:
a. Copyrighted, confidential, licensed, or otherwise protected from distribution.
b. Illegal under obscenity laws, child pornography laws, or other applicable statutes.
c. Intentionally modified with viral, self-replicating, or otherwise unadvertised code or links.
You accept complete responsibility for materials distributed by your use of the PRODUCT and agree to indemnify LumaPix for any and all legal proceedings related to content provided directly or indirectly by you. Failure to respect these rules will result in the immediate termination of your account and deletion of any material hosted on servers controlled by LumaPix.
LumaPix will not distribute, share or resale user content without the expressed consent of the end user. LumaPix will make all commercially reasonable efforts to provide secure storage of any user-uploaded content. User content is only accessible for use within the PRODUCTS via login or direct URL access, as controlled by the licensee and/or the distributor.
LumaPix is not liable for access of its PRODUCTS, SERVICES and/or USER CONTENT by unauthorized persons accessing computers with stored activation/login credentials; the end-user is solely responsible for maintaining secure access to their COMPUTERS and their activation/login credentials.
You are invited to provide LumaPix with feedback on the PRODUCT’s performance, including but not limited to usability and bug reports. All bug reports, test results and other feedback made by you are freely assigned to and become the property of LumaPix.
a. Scope of the policy: This policy covers all personal information that a member could provide during licensing/registration, from an information form or any other form requesting information.
b. Use of personal information: LumaPix will use your personal information in accordance with the law to ensure the best possible service to licensed or registered members. In no case will LumaPix sell, exchange or transfer personal information to a third party without consent.
c. Security of personal information: LumaPix provides a challenging environment and has a secure server infrastructure compliant with industry standards to protect personal information stored on our network.
e. Access and removal of your personal information: LumaPix will remove all personal information of a member upon his request. This operation will force the closure of the user’s account.
10. ADDITIONAL PROVISIONS
FOR THE LIMITED WARRANTIES, LIMITATION OF LIABILITY, AND OTHER SPECIAL PROVISIONS, PLEASE REFER TO THE ADDITIONAL PROVISIONS PROVIDED BELOW AND/OR OTHERWISE WITH THE PRODUCTS. SUCH LIMITED WARRANTIES, LIMITATION OF LIABILITY AND SPECIAL PROVISIONS ARE AN INTEGRAL PART OF THIS EULA.
LIMITED WARRANTY. Manufacturer warrants that (a) the PRODUCTS will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. Any implied warranties on the PRODUCTS are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
CUSTOMER REMEDIES. LumaPix's entire liability and your exclusive remedy shall be, at LumaPix's option, either (a) return of the price paid, or (b) repair or replacement of the PRODUCT that does not meet this Limited Warranty. This Limited Warranty is void if failure of the PRODUCT has resulted from accident, abuse, or misapplication. Any replacement PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, LumaPix and its suppliers disclaim all other warranties, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to the PRODUCTS and the accompanying written materials. This limited warranty gives you specific legal rights. You may have other rights which vary from state/province/jurisdiction to state/province/jurisdiction.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall LumaPix or its distributors and suppliers be liable for any damages whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if LumaPix has been advised of the possibility of such damages. In any case, the MANUFACTURER's and its suppliers' entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the PRODUCT. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
This Software License Agreement and warranty shall be construed, interpreted and governed by the laws of the Province of Quebec, Canada.
EULA ID: LumaPix-FOTOFUSION/YEARBOOKFUSION-NONCOM-EULA-2017-03-16