产品许可证和使用条款

1. 许可证.

1.1 许可证的授予.

"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); 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 软件的使用；授权设备数量

你的软件使用许可取决于本协议中陈述的限制、补充条款和条件。任何违反本协议中的限制或其他条款和条件的软件使用将被视为违反本协议，是未被许可的。

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.

尽管与上述情况相反，但以下资料不予退款：

• 教育内容和资料，例如视频教程、电子书、指南和其他类似资料；和

• 附加电子内容，如摄影预设置和摄影纹理。

另外，Skylum可能拒绝以下情况的退款要求：

• Software was purchased for the wrong platform or operating system; Inability to operate the Software in your computing environment or on your Authorized Device;

• 因操作错误无法使用软件；或

• 任何实际或可疑的欺诈或不当行为，包含但不限于任何信用卡或借记卡欺诈。

1.4 评估许可证.

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)

   除本协议授权外，你或你的下属或你控制的任何人不得复制软件、文档或许可证密钥/激活码或其任何部分。你必须保证所有软件副本和许可密钥/激活码的安全。你全权负责保护你的个人数据、许可证密钥/激活码和授权设备免受未授权访问、使用和复制的危害。

2. (b)

   (b) 你不得逆向代码、反编译、反汇编、复制或翻译你获取的软件或任何许可证密钥/激活码，或尝试从你获取的目标代码中获取源代码。

3. (c)

   你不得修改或改写软件，或滥用你以任何方式获取的许可证密钥/激活码。

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 软件激活；权利转让

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).

在每个案例中未经Skylum事先书面同意，你不得分配、转让、分许可、分包、租赁、出租、抵押或借出本协议所准许的你拥有的软件、文档或许可证密钥/激活码的权利。

Skylum以其唯一且绝对的自由裁量权，可以将本协议及其在此之下所有权利义务转让给任何关联实体、任何利益继承人或任何第三方。

1.7 更新和升级

就本协议而言：

• "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.

升级将需要支付额外费用。如有可用升级，将会通过我们的网站、应用内通知，或软件用户的电子邮箱提示，并将遵守Skylum全权决定的其他条款和条件。

本协议中没有任何明示或默示的规定要求Skylum宣布或提供任何更新或升级，并且本协议未给予你任何前述的权利。你进一步确认，为了获取任何更新或升级，你的授权设备必须要连接到互联网，并且提供给Skylum的电子邮件必须是最新的。

如果需要任何更新或升级的支持，请发邮件至[email protected]联系Skylum客户服务。