Thank you for choosing Lumasoft. This is a license agreement between you and Lumasoft that describes your rights to use this software. BY ACCEPTING THIS AGREEMENT OR USING THE SOFTWARE, YOU AGREE TO ALL OF THESE TERMS AND CONSENT TO THE TRANSMISSION OF CERTAIN INFORMATION DURING ACTIVATION AND FOR INTERNET-BASED FEATURES OF THE SOFTWARE. IF YOU DO NOT ACCEPT AND COMPLY WITH THESE TERMS, YOU MAY NOT USE THE SOFTWARE OR FEATURES.
Lumasoft grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal or commercial purposes strictly in accordance with the terms of this Agreement.
How can I use the software?
We do not sell our software or your copy of it – we only license it. Under our license we grant you the right to install and run that one copy on two computer (the licensed computer) for use by one person/company at a time, but only if you comply with all the terms of this agreement. Our software license is permanently assigned to the licensed computers. The components of the software are licensed as a single unit. You may not separate or virtualize the components and install them on different computers. This license is for direct use of the software only through the input mechanisms of the licensed computer, such as a keyboard, mouse, or touchscreen. It does not give permission for installation of the software on a server or for use by or through other computers or devices connected to the server over an internal or external network.
Can I transfer or reassign the software to another user or computer?
You may not transfer the software to another user. You may not retain any copies. You may reassign this software license to a different computer any number of times, but not more than one time every 90 days. If you reassign, that other computer becomes the “licensed computer.” If you retire the licensed computer due to hardware failure, you may reassign the license sooner.
You may not license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
Are there things I’m not allowed to do with the software?
Yes. Because the software is licensed, not sold, Lumasoft reserves all rights (such as rights under intellectual property laws) not expressly granted in this agreement. In particular, this license does not give you any right to, and you may not: use or virtualize features of the software separately, publish, copy (other than the permitted backup copy), rent, lease, or lend the software; transfer the software (except as permitted by this agreement), attempt to circumvent technical protection measures in the software, reverse engineer, decompile, or disassemble the software, except if the laws where you live permit this even when our agreement does not. In that case, you may do only what your law allows. When using Internet-based features, you may not use those features in any way that could interfere with anyone else’s use of them, or to try to gain access to any service, data, account or network, in an unauthorized manner.
Modifications to Application
Lumasoft reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Limitation of Liability
To the maximum extent permitted by applicable law, Lumasoft and its affiliates, officers, directors, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your use of the software, even if Lumasoft has been advised of the possibility of such damages. In no event shall Lumasoft’s total liability to you for all claims exceed the amount paid by you, if any, for the software.
Indemnification
You agree to indemnify, defend, and hold harmless Lumasoft and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of your use of the software, violation of this Agreement, or infringement of any third-party rights.
Data Loss
You acknowledge that you are responsible for maintaining backups of your data. Lumasoft is not liable for any loss, corruption, or unauthorized access to your data resulting from your use of the software or any internet-based features.
Force Majeure
Lumasoft shall not be liable for any failure to perform its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, government regulations, natural disasters, or service disruptions involving third-party providers.
Trial and Conversion
Some or all of the software may be licensed on a trial basis. Your rights to use trial software are limited to the trial period. The trial software and length of the trial period are set forth during the activation process. You may have the option to convert your trial rights to subscription or perpetual rights. Conversion options will be presented to you at the expiration of your trial period. After the expiration of any trial period without conversion, most features of the trial software will stop running. TRIAL SOFTWARE IS LICENSED “AS-IS,” AND YOU BEAR THE RISK OF USING IT. LUMASOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, LUMASOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Third-Party Services
The software may integrate with third-party services or platforms. Lumasoft is not responsible for the availability, accuracy, or performance of such services, and your use of them is at your own risk.
Disclaimer of Warranties
Except as expressly provided in this Agreement, the software is provided “as-is” without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Lumasoft does not warrant that the software will be error-free, secure, or uninterrupted.
Term and Termination
This Agreement shall remain in effect until terminated by you or Lumasoft.
Lumasoft may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from Lumasoft, in the event that you fail to comply with any provision of this Agreement. You may also terminate this agreement by deleting the Application and all copies thereof from your mobile device or from your desktop. Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your computer.
Survival
Provisions of this Agreement that by their nature should survive termination, including but not limited to Limitation of Liability, Indemnification, Disclaimer of Warranties, Third-Party Services, Data Loss, Governing Law and Dispute Resolution, and any obligations regarding intellectual property, shall remain in full force and effect after termination of this Agreement.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Amendments
Lumasoft reserves the right, at its sole discretion, to modify or replace this Agreement at any time. For material changes, as determined by Lumasoft, we will provide at least 14 days' notice prior to the new terms taking effect. Non-material changes or updates required for security, legal compliance, or operational reasons may take effect immediately upon notice. Notice may be provided via email, within the software, or on our website at https://support.lumasoft.co and https://dslrbooth.com. Your continued use of the software after changes constitutes acceptance of the new terms.
Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, USA, excluding its conflict of law principles. Any disputes arising out of or relating to this Agreement or your use of the software shall be resolved exclusively through binding arbitration conducted in New Brunswick, New Jersey, in accordance with the rules of the American Arbitration Association. The arbitrator’s decision shall be final and binding. Each party shall bear its own costs and attorneys’ fees, but the arbitrator may award costs and fees as permitted by law. You waive any right to participate in class action lawsuits or class-wide arbitration. Notwithstanding the foregoing, Lumasoft may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property rights.
Contact Information
If you have any questions about this Agreement, please contact us at https://support.lumasoft.co
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