PHOTO PARTY UPLOAD 

TERMS AND CONDITIONS

If your event is more than 1 day long and you are using “pay per event” you must set up a new event in Event Manger for each day that you will be using Photo Party Upload. Failure to do so is considered “abuse” and your billing may be adjusted manually to reflect the cost of $30 per day + any additional feature’s charges.

LICENSED SOFTWARE PRODUCT END USER LICENSE AGREEMENT

If you are not in your 2 week trial, you will be billed according to your selected package price for this event.

END-USER LICENSE AGREEMENT FOR “PHOTO PARTY UPLOAD” AND “PHOTO PARTY UPLOAD HELPER.” IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM. LA PHOTO PARTY, INC.’s End-User License Agreement (“EULA”) is a legal agreement between You (either an individual or a single entity) and LA PHOTO PARTY, INC. for LA PHOTO PARTY, INC. software product(s) which may include associated software components, media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, You agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between You and LA PHOTO PARTY, INC., (referred to as “Licensor”), and it supersedes any prior proposal, representation, or understanding between the parties. If You do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold, to You for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. Licensor reserves all rights not expressly granted to You.

a. Scope of License: This license granted to You for the SOFTWARE PRODUCT by the Licensor is limited to a non-exclusive,  and non-transferable license to use the SOFTWARE PRODUCT on any iPad (for “Photo Party Upload”) that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”), or on any computer (for “Photo Party Upload Helper”) that You own or control running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed (i.e., Windows XP or Windows 7). This license does not allow You to use the SOFTWARE PRODUCT on any iPad or computer that You do not own or control, and You may not distribute or make the SOFTWARE PRODUCT available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the SOFTWARE PRODUCT. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the SOFTWARE PRODUCT, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the SOFTWARE PRODUCT). Any attempt to do so is a violation of the rights of the Licensor. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by the Licensor that replace and/or supplement the original SOFTWARE PRODUCT, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

b. Consent to Use of Data: You agree that the Licensor may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the SOFTWARE PRODUCT. The licensor may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.

ii. Requirements

Payment of a License Fee to LA PHOTO PARTY, INC., is required if the SOFTWARE PRODUCT is used for Commercial Purposes. The current amount of the License Fee and method of payment may be obtained by contacting  LA PHOTO PARTY, INC. through one of the means listed below:

Phone: 310.730.5277

Email: support@laphotoparty.com

Website: www.laphotoparty.com

Before payment of the License Fee, You may use the SOFTWARE PRODUCT for Commercial Purposes during a single 14-day Evaluation Period in order to determine whether or not the SOFTWARE PRODUCT meets the intended needs and performs satisfactorily. After that Evaluation Period, You must pay a License Fee or else cease use of the SOFTWARE PRODUCT.

If You supply credit or debit card information for future payment before commencing the 14-day Evaluation Period, You hereby grant the Licensor the ability and right to automatically bill You the agreed License Fee upon completion of the 14-day Evaluation Period. Such automatic billing commences at midnight of the fifteenth calendar day after the acceptance of these terms and condition for the SOFTWARE PRODUCT.

You must submit Your written intention to discontinue use of the SOFTWARE PRODUCT to the Licensor and RECEIVE CONFIRMATION OF DISCONTINUATION FROM THE LICENSOR before the end of the 14-day Evaluation Period (i.e., before midnight of the fifteenth calendar after acceptance of these terms) in order to avoid automatic billing of Your credit or debit card by the Licensor. Such discontinuation thereby terminates this license, pursuant to termination conditions listed below.

You must pay all Fees by their due date. Failure to pay Fees by the due date will result in the immediate termination of the licenses granted under this EULA.

c. Termination. The license is effective until terminated by You or the Licensor. Without prejudice to any other rights and in addition to any other termination rights in this EULA, Your rights under this license will terminate automatically without notice from the Licensor if You fail to comply with any term(s) of this license. Immediately upon termination of the license, You at Your own cost shall cease all use of the SOFTWARE PRODUCT, and destroy all copies, full or partial, of the SOFTWARE PRODUCT.

d. Services; Third Party Materials. The SOFTWARE PRODUCT may enable access to the Licensor’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service.

Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Licensor does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You.

You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Licensor is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.

In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPad and licensed computers are not available in all languages or in all countries. The Licensor makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Licensor reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Licensor be liable for the removal of or disabling of access to any such Services. The Licensor may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED SOFTWARE PRODUCT AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED SOFTWARE PRODUCT (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED SOFTWARE PRODUCT AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED SOFTWARE PRODUCT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED SOFTWARE PRODUCT OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED SOFTWARE PRODUCT OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED SOFTWARE PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO THE CONTENT OF THE LICENSED SOFTWARE PRODUCT  OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR DISCLOSURE OF CONFIDENTIAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the licensed SOFTWARE PRODUCT except as authorized by United States law and the laws of the jurisdiction in which the licensed SOFTWARE PRODUCT was obtained. In particular, but without limitation, the licensed SOFTWARE PRODUCT may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed SOFTWARE PRODUCT, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.

h. The Licensed SOFTWARE PRODUCT and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.

ij. The laws of the State of California, excluding its conflicts of law rules, govern this license and Your use of the Licensed SOFTWARE PRODUCT. Your use of the Licensed SOFTWARE PRODUCT may also be subject to other local, state, national, or international laws.

The Software is to be used primarily (75% or more) in the City where your account was registered. Use in other locations requires an additional License.

PHOTO BOOTH UPLOAD

TERMS AND CONDITIONS

SOFTWARE LICENSE AGREEMENT FOR LA PHOTO PARTY PHOTO BOOTH UPLOAD SOFTWARE

THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) GOVERNS YOUR USE OF LA PHOTO PARTY’S PHOTO BOOTH UPLOAD SOFTWARE. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU INSTALL OR USE THE SOFTWARE. BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS AGREEMENT.  DO NOT INSTALL OR USE THE SOFTWARE IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT.

1. LICENSE GRANT.

Subject to the terms and conditions of this Agreement, LA Photo Party, Inc. (“LAPP”) grants you a non-exclusive, non-transferable, license to install and use the Photo Booth Upload software (the “Software”) also including any modifications and updates to the Software that we make available for your use. The Software is not sold to you.  You do not own it. It is licensed by LAPP for your use, only according to the terms of this Agreement. LAPP retains ownership of the Software and reserves all rights not expressly granted to you in this Agreement.

2. TERM OF AGREEMENT.

Unless terminated earlier pursuant to Section 7 below, this Agreement starts on the date you install the Software on your computer and will continue for the term you selected and paid for prior to installing.  Once the term expires, you may no longer use the Software unless you purchase an extension of the term. If you purchase an extension of the term, this Agreement will apply to your use of the Software during the extension of the term.

3. RESTRICTIONS AND LIMITATIONS ON USE.

  1. General. You are granted a limited nontransferable license to install and use the Software on only one computer that you own or control.  This Agreement does not permit you to install, use or run the Software on more than one computer or on any computer you do not own or control.  You agree not to do so, and you agree not to assist or enable others to do so. You may not make the Software available over a network where it could be run or used by multiple computers whether or not at the same time.  You may not copy, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Software or any part thereof. You also agree not to assist or enable others to do so.
  2. Distributing Photos. The Software allows you to capture photos and save them on the hard drive of a single computer.  The Software is not intended to be used, and this Agreement does not authorize you to use the Software, for distributing, uploading, downloading, transferring, or sharing photos (collectively “Distributing”) whether from a computer hard drive or otherwise.  For Distributing photos from your computer, LAPP developed the Photo Party Upload® app to work with the Software. The Software is not designed to, and LAPP makes no guarantee, representation or warranty that the Software will work with third party software or websites, including but not limited to Facebook.
  3. Copyright and Other Laws. You must not use the Software in any way that infringes or assists in infringing any copyright or violates or assists in violating any law.  By way of example, to the extent the Software may permit you to copy, reproduce, modify or publish any material, you may copy, reproduce, modify or publish only material that is not copyright protected, or in which you own the copyright, or which you are properly authorized or legally permitted to copy, reproduce, modify or publish. Your use of the Software must be in compliance with laws of the country and region where you reside or use the Software and all applicable laws.

4. LIMITED WARRANTY.

This warranty shall be effective for the lesser of: (a) the term of your license or (b) six (6) months following the date you install the Software.  During the term of this limited warranty you may notify LAPP in writing of any claimed deficiency in the Software. Your notice must provide sufficient details and information to enable LAPP to reproduce the circumstances, together with your name, address, and date of installing the Software. LAPP will assess whether there is or may be a deficiency; may request further information; and if applicable will make an effort LAPP considers reasonable in the circumstances seeking to remedy the deficiency.  This warranty is conditioned on your proper use of the Software in the application for which it was intended and full compliance with this Agreement. This warranty does not cover Software that was modified without LAPP’s written consent. Your warranty claim may be submitted to support@laphotoparty.com

5. LIMITATION OF LIABILITY AND DISCLAIMERS 

LA Photo Party’s aggregate liability for any and all claim(s) arising under or related to this agreement, your use of the software, any claimed injury or damage related to any services provided by LAPP in connection with the software, or any claimed injury or damage related to the software, will not, in any event, exceed the amount paid by you to LAPP for use of the software to which this agreement applies, whether the claimed liability is based on tort, breach of warranty, breach of contract, indemnity, any form of strict liability or other legal or equitable or statutory theory.  In no event will LAPP be liable to you or any party for any form of incidental, consequential, indirect, special or punitive damages, penalties or lost profits, regardless of whether the claimed liability is based on tort, breach of warranty, breach of contract, indemnity, any form of strict liability or other legal or equitable or statutory theory, except as stated in section 6 below.

Except as expressly stated in section 4 above, LAPP disclaims any and all warranties of any kind or nature, whether express, implied or statutory, including without limitation implied warranties of title, non-infringement, merchantability and fitness for a particular purpose.  Lapp does not warrant that the functions contained in the software will meet your requirements, that the operation of the software will be uninterrupted or error-free, that the software will continue to function in the event LAPP ceases to conduct business, that the software will be compatible or work with any other software or services, or that defects in the software will be corrected.  Lapp does not make any representation concerning your ability to derive revenue or earn income from use of the software in a commercial or other setting.

6. INDEMNIFICATION.

You agree to indemnify, defend, hold harmless, and reimburse LAPP from and against any and all claims, causes of action, investigations, damages, losses, expenses and costs (also including reasonable attorney fees, expenses and costs of litigation) and liabilities of any and every kind arising directly or indirectly in tort, breach of warranty, breach of contract, indemnity, any form of strict liability or any other legal or equitable or statutory theory, arising from or relating to your use of the Software.

7. TERMINATION.

Your rights under this Agreement will terminate automatically and cease to be effective, without requirement of any notice from LAPP, if you fail to comply with any term(s) of this Agreement. Upon the termination of this Agreement, you must cease all use of the Software.

8. GENERAL.

  1. Law. This Agreement will be governed by and construed according to the laws of the United States and the State of California as applied to agreements entered into and to be performed entirely within California between California residents and thus without regard for California’s principles of conflicts of law.  The parties specifically exclude applicability of the Convention Relating to Uniform Law on the International Sale of Goods. Any dispute arising from or related to this Agreement shall be brought exclusively in the United States District Court for the Central District of California or the Superior Court of the State of California for the County of Los Angeles.  The parties consent to the jurisdiction and venue of such courts. In any such action the prevailing party shall be entitled to recover its reasonable attorneys fees.
  2. Assignment. You may not assign or transfer this Agreement, in whole or in part, whether voluntarily, involuntarily, or by operation of law, and you may not sublicense, lend, sell, transfer, or redistribute the Software, without the prior written consent of LAPP.  Any attempt to do any of the foregoing without LAPP’s prior written consent shall be null and void and of no effect and shall be a breach of this Agreement.
  3. Severability. If for any reason a court having jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision or portion of the Agreement will be enforced to the maximum extent permissible to effect as closely as lawfully possible the original intent of the parties, and the remainder of this Agreement will continue in full force and effect.
  4. No Waiver. Failure by a party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
  5. Headings. The headings and captions in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
  6. Complete Agreement. This Agreement is the entire agreement between the parties regarding its subject matter, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding its subject matter.  No amendment to or modification of this Agreement will be binding unless in writing and signed by a duly authorized representative of each party.

When purchasing or transferring a PBU license, please be aware of these restrictions.

1. Photo Booth Upload licenses purchased online (from laphotoparty.com or from within your PPU account at login.photopartyupload.com) may be transferred from PC to PC up to 4 times (5 total activations) during their designated lifespan. 

2. Lifetime PBU licenses purchased online may only be transferred within the first 5 years of their active lifespan, after that, your license will no longer be transferable. Lifetime licenses are active only for the lifetime of the operating device. Thus, upon the expiration of their active lifespan or activation limit is reached, the license will no longer be transferable.

3. Once activated, PBU licenses that were purchased online cannot be transferred between PPU accounts.

4. Deactivating your Photo Booth Upload license will not prevent that computer from accepting an entirely new license in the future.

5. PBU Licenses that are provided with LAPP Photo Booths (INFINITE or VENTURE) or the Shuttle PCs (with PBU pre-installed and licensed) are married exclusively to their assigned PC, booth, and original owner. Should the INFINITE or VENTURE be sold, the new owner must pay a license transfer fee of $699. The fee will cover the cost of disabling the old license, creating a new license (so it can be paired with the new owner’s account), installing it, and providing future tech support. If you are selling your INFINITE or VENTURE, please contact LAPP Support at support@laphotoparty.com or by calling (323) 473-4883 for further details and assistance.

 

MUSE MOSAIC 

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.

 

  1. Definitions

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.

 

GENERAL

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.

 

License

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.

 

Disclaimer

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.

 

Liability limitation

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).

Termination

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

Thank you for your purchase

Access your download either by the checking email you used during checkout or by accessing the Downloads section of the “My Account” page.

The Virtual Booth GIF and Photo graphics are Now loaded into OUR Virtual Booth PAGE under “Halloween-2020-GIF” and “Halloween-2020-Photo”

All you need to do get started is build your Virtual Booth site.

Download the site assets below and click here to watch a setup tutorial.

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To purchase VR-Brush, contact Vivi at
323.473.4897 or vivi@laphotoparty.com

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