Photolightning photo software 5.51


EULA - End User License Agreement



PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. BY USING THIS PRODUCT YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

Photolightning Corporation ('Photolightning') licenses the accompanying software, updates, upgrades and related materials (the 'Software') to you only upon the condition that you accept all of the terms contained in this license agreement. Please read the terms carefully before continuing installation, as pressing the 'I agree' button will indicate your assent to them. If you do not agree to these terms, please press the 'I disagree' button to exit the installation as Photolightning is unwilling to license the software to you.

LICENSE:
The Software is the property of Photolightning and its licensors and is protected by copyright law. While Photolightning and its licensors continue to own the Software, you will have certain rights to use the Software after your acceptance of this license. Your rights and obligations with respect to the use of this Software are as follows:

YOU MAY:
(i) use the software personally on one or more computers or install the Software on a single workstation used nonsimultaneously by multiple people, but not both. This is not a concurrent license.

(ii) make one copy of the Software for archival purposes, or copy the software onto the hard disk of your computer and retain the original for archival purposes;

(iii) use the Software on a network, provided that you have a licensed copy of the Software for each computer that can access the Software over that network;

(iv) after written notice to Photolightning, transfer the Software on a permanent basis to another person or entity, provided that you retain no copies of the Software and the transferee agrees to the terms of this agreement.

YOU MAY NOT:
(i) copy the documentation which accompanies the Software;

(ii) sublicense, rent or lease any portion of the Software;

(iii) make access to the Software available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so.

(iv) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software; or

(v) use a previous version or copy of the Software after you have received a disk replacement set or an upgraded version as a replacement of the prior version, unless you donate a previous version of an upgraded version to a charity of your choice, and such charity agrees in writing that it will be the sole end user of the product, and that it will abide by the terms of this agreement. Unless you so donate a previous version of an upgraded version, upon upgrading the Software, all copies of the prior version must be destroyed.

This Agreement is effective upon your indicating your assent to its terms and conditions in the manner specified above and shall continue until terminated. You may terminate this Agreement at any time by deleting all copies of the Software and the documentation, and any portions thereof, from the computer on which they are installed and destroying all such copies. Photolightning may terminate this Agreement if you breach any term of this Agreement. You will delete and destroy all existing copies of the Software and the Documentation, and any portions thereof, on termination of this Agreement.

LIMITED WARRANTY:
Photolightning warrants that the media on which the Software is distributed will be free from defects for a period of thirty (30) days from the date of delivery of the Software to you. Your sole remedy in the event of a breach of this warranty will be that Photolightning will, at its option, replace any defective media returned to Photolightning within the warranty period or refund the money you paid for the Software. Photolightning does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.

The above warranty is exclusive and in lieu of all other warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and noninfringement. Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations and exclusions may not apply to you. This warranty gives you specific legal rights. You may have other rights, which vary from state to state.

DISCLAIMER OF DAMAGES:
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SOFTWARE AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED 'AS IS' AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. You acknowledge that good data processing procedure dictates that any program, including the Software, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of the Software covered by this License. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.

ANY LIABILITY OF PHOTOLIGHTNING WILL BE LIMITED EXCLUSIVELY TO REFUND OF PURCHASE PRICE. IN ADDITION, IN NO EVENT SHALL PHOTOLIGHTNING, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF THE SOFTWARE, OR TO YOUR RELATIONSHIP
WITH PHOTOLIGHTNING.

IN ADDITION, IN NO EVENT DOES PHOTOLIGHTNING AUTHORIZE YOU OR ANYONE ELSE TO USE THE SOFTWARE IN APPLICATIONS OR SYSTEMS WHERE THE SOFTWARE'S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT PHYSICAL INJURY, OR IN LOSS OF LIFE. ANY SUCH USE IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD PHOTOLIGHTNING HARMLESS FROM ANY AND ALL CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

U.S. GOVERNMENT RESTRICTED RIGHTS.
The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government or any of its agencies is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. The Manufacturer of the Software is Photolightning Corporation, 80 Old Middlesex Road, Belmont, MA 02478.

GENERAL:
This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement may only be modified by a written document that has been signed by both you and Photolightning. This License shall be governed by the laws of the Commonwealth of Massachusetts, without regard to Massachusetts choice-of-law rules. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in the Commonwealth of Massachusetts, and you consent to such jurisdiction and venue. There are no third party beneficiaries of any promises, obligations or representations made by Photolightning herein. Any waiver by Photolightning of any violation of this License by you shall not constitute, nor contribute to, a waiver by Photolightning of any other or future violation of the same provision, or any other provision, of this License.



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Users Rating:  
  4.9/5     8
Downloads: 614
Updated At: 2024-03-05
Publisher: Photolightning Corporation
Operating System: windows
License Type: Free Trial