TERMS AND CONDITIONS
End User License Agreement for Muse Mosaic Software
Please read this End User License Agreement (“EULA”) before you purchase a License for the Software and subsequently download and use the Software.
By purchasing a License and/or downloading and using the Software, You agree, without reservation, to be bound by the terms of this EULA. If you do not agree with the terms of this EULA, please do not purchase a license and/or download and use the Software.
If you accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.
You may not accept this EULA if you are not of legal age to form a binding contract with LA Photo Party and APP Helmond.
In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:
⦁ “Activate” turning the Trial version into the Full version of the same application with a License code;
⦁ “APP Helmond” APP Helmond, a free-lance software development company, operating from The Netherlands;
⦁ “LA Photo Party” A software distribution company, operating from California;
⦁ “Documentation” the detailed information about the Software, its features and the system requirements as made available on the website of LA Photo Party, as amended from time to time;
⦁ “License Code” a unique code provided by LA Photo Party, which enables You to activate the Trial version or Full version by registering the License into the Software and to subsequently use the Software during the applicable license term;
⦁ “Full version” the license for the Software for the term specified on the webpage of the store where you purchase the license, or in any applicable agreement concerning the purchase of the license (as stand-alone product) to use the software;
⦁ “Software” any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to you by LA Photo Party, including any Updates;
⦁ “Trial version” the license to Use the Software for the sole purpose of testing and evaluating the Software;
⦁ “Updates” any modified versions and updates of, and additions to the Software (including upgrades of the Software);
⦁ “Use” the access, download, install, copy or get benefit from using the Software in accordance with the documentation.
⦁ “You” you, the final and ultimate user of the Software or the authorized representative of a company or other legal entity that will be the final and ultimate user of the Software, and the company or other legal entity that will be the final and ultimate user of the Software, if applicable.
1.1. This EULA applies to any licenses granted to You by LA Photo Party for the use of the Software.
1.2. By purchasing a License code for the Software and/or downloading and using the Software, You enter into this EULA with LA Photo Party and APP Helmond.
1.3. This EULA may be modified from time to time. LA Photo Party will notify you of such modifications on its website or otherwise, e.g. by using the email address used for the provision of the Unlock File. Any modifications to this EULA shall only apply upon acceptance by You.
2.1. LA Photo Party grants You a non-exclusive, non-transferable, limited, revocable license to Use the Software in accordance with this EULA. LA Photo Party reserves all rights not expressly granted to You.
2.2. LA Photo Party and APP Helmond remain the owner of any intellectual property rights with respect to the Software. You shall not acquire any ownership to the Software as result of Your purchase of the Software License or Your Use of the Software.
PERMITTED USE AND RESTRICTIONS
3.1. In order to be able to install the Software and receive updates and upgrades, Your computer shall have access to the Internet and shall meet the system requirements described on the Muse Mosaic website and manual.
3.2. You may only Use the Software on computers which are owned and managed by You, or by the company You represent. If You violate the mentioned use, LA Photo Party may block the License of the software.
3.3. You shall Use the Full version or Trial version in accordance with applicable laws and shall not:
⦁ Use the Trial version on any system where the Trial version was previously Used and expired;
⦁ rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License code, the Full version or the Trial version;
⦁ assign the License Code, the Full version or the Trial version without prior written approval of LA Photo Party;
⦁ use the Full version or Trial version for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
⦁ delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Software; or
⦁ copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Software and the License code or any parts thereof, except to the extent permitted by applicable law;
⦁ distribute any application from LA Photo Party or APP Helmond on online services, bulletin boards, or other electronic media without written permission of LA Photo Party or APP Helmond respectively.
3.4. LA Photo Party and APP Helmond may modify the Software at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and upgrades.
3.5. Upon completion of your payment, the You will receive a License code; this license code will be associated with your name. This license code is owned by LA Photo Party, and is entrusted to You under certain conditions. You shall adhere to these terms and conditions, which can be found in the software installer. In addition, all the agreements in this EULA will apply.
3.6. You are allowed to use the results created with the Full version or Trial version for commercial purposes, such as posters, leaflets, billboards or other printed and electronic media, except when publishing the result may or will infringe any patent or other claimed or pending intellectual property which is not owned by yourself, LA Photo Party, or APP Helmond.
Maintenance and support
4.1. LA Photo Party may not notify You of any available Updates and upgrades. You are responsible to install the latest versions in order to be entitled to receive full service when issues occur. Issues from older versions are not addressed, but can be addressed by LA Photo Party in some agreed circumstances.
4.2. You will be entitled to receive Updates free of charge during the period of your License upon purchasing the License code for the Full version.
4.3. Any maintenance and support provided by LA Photo Party, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to availability of time.
5.1. You Use the Software at Your own risk and the entire risk as to satisfactory quality, performance, and accuracy is with You.
5.2. The Software and accompanying documentation are provided on an “as is” and “as available” basis without warranty – express or implied- of any kind. LA Photo Party and APP Helmond specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by APP Helmond, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.
6.1. The liability of LA Photo Party, APP Helmond, and any third party that has been involved in the creation, production, or delivery of the Software for all damages arising out of or in any way relating to the License version, the Trial version, the License code, the Software and/or this EULA shall never lead to any charges of any kind.
6.2. LA Photo Party, APP Helmond, and any third party that has been involved in the creation, production, or delivery of the Software are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the Software).
7.1. This EULA will continue to be in force until the expiry or termination of the Full version or Trial version.
7.2. The Full version or Trial version will terminate automatically at the end of the applicable license term, unless renewed or activated prior to the end of the applicable license term.
7.3. LA Photo Party is entitled to terminate the Full version or Trial version by blocking the License during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, in the event You fail to pay Your fee for the License within the applicable payment term, or in the event LA Photo Party is required to do so by law or an order of an applicable court.
7.4. Upon termination of the Full version or Trial version, You shall cease all use of the Software and shall destroy all copies thereof, and all copies of the Unlock File.
7.5. You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.
Governing law and disputes
8.1. This EULA shall be governed by and construed in accordance with the laws of the California and Netherlands (where applicable), excluding its conflicts of law rules.
8.2. Any dispute between LA Photo Party or APP Helmond and You shall exclusively be submitted to the competent court in California or The Hague, the Netherlands (respectively).
Effectivity Date: 1 January 2019