LIGHTHOUSE EXPERTS GROUP, LLC
End User License Agreement (EULA)
- WARRANTY DISCLAIMER, BINDING AGREEMENT AND ADDITIONAL TERMS AND AGREEMENTS.
1.1 WARRANTY DISCLAIMER. THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “AS IS” AND WITH ALL FAULTS. LIGHTHOUSE EXPERTS GROUP, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, LIGHTHOUSE EXPERTS GROUP AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENT.
1.2 BINDING AGREEMENT: By using, copying or distributing all or any portion of the Lighthouse Experts Group Software, you accept all the terms and conditions of this agreement.
Upon acceptance, this agreement is enforceable against you and any entity that obtained the Software and on whose behalf it is used. If you do not agree, do not Use the Software.
1.3 ADDITIONAL TERMS AND AGREEMENTS. Lighthouse Experts Group permits you to Use the Software only in accordance with the terms of this agreement.
“Lighthouse Experts Group” means Lighthouse Experts Group LLC, a Massachusetts limited liability corporation, 39 Dickinson St, Cambridge MA 02139.
“Compatible Computer” means a Computer that conforms to the system requirements of the Software as specified in the Documentation.
“Computer” means a virtual machine or physical personal electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
“Personal Computer” or “PC” shall mean a hardware product which is designed and marketed with the primary purpose of operating a wide variety of productivity, entertainment, and other software applications provided by unrelated third party software vendors, which operates depending upon the use of a full function and full feature set computer operating system of the type(s) then in widespread use with hardware to operate general purpose laptop, desktop, server, and large format tablet microprocessor based computers. This definition of Personal Computer shall exclude hardware products that are designed and/or marketed to have as their primary purpose any number of the following: television, television receiver, portable media player, audio/video receiver, radio, audio headphone, audio speaker, personal digital assistant (“PDA”), telephone or similar telephony based device, game console, personal video recorder (“PVR”), player for digital versatile disc (“DVD”) or other optical media, video camera, still camera, camcorder, video editing and format conversion device, video image projection device, and shall further exclude any similar type of consumer, professional or industrial device.
“Software” means (a) all of the contents of the files (delivered electronically or on physical media), or disk(s) or other media with which this agreement is provided, which may include (i) Lighthouse Experts Group or third party computer information or software, including RPM® (“Rental Process Management”) and RPM Note Editor; (ii) related explanatory written materials or files (“Documentation”); and (iii) fonts; and (b) upgrades, modified versions updates, additions, and copies of the foregoing, provided to you by Lighthouse Experts Group at any time (collectively, “Updates”).
“Use” means to access, install, download, copy, or otherwise benefit from using the functionality of the Software.
- Software License.
If you obtained the Software from Lighthouse Experts Group or one of its authorized licensees, and subject to your compliance with the terms of this agreement, including the restrictions in Section 4, Lighthouse Experts Group grants to you a non-exclusive license to Use the Software in the manner and for the purposes described in the Documentation as follows:
3.1 General Use. You may install and Use one copy of the Software on your Compatible Computer. See Section 4 for important restrictions on the Use of the Software.
3.2 Distribution. This license does not grant you the right to sublicense or distribute the Software.
3.4 Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used other than for archival purposes. You may not transfer the rights to a backup copy.
- Obligations and Restrictions.
4.1 Lighthouse Experts Group Restrictions. You will not Use any Lighthouse Experts Group runtime on any non-PC device or with any embedded or device version of any operating system. For the avoidance of doubt, and by example only, you may not Use an Lighthouse Experts Group runtime on any (a) mobile device, set top box (STB), handheld, phone, game console, TV, DVD player, media center, electronic billboard or other digital signage, Internet appliance or other Internet-connected device, PDA, medical device, ATM, telematic device, gaming machine, home automation system, kiosk, remote control device, or any other consumer electronics device, (b) operator-based mobile, cable, satellite, or television system or (c) other closed system device. No right or license to Use any runtime is granted for such prohibited uses.
4.2 Conversion Restrictions. You will not integrate or use Lighthouse Experts Group Software with any other software, plug-in or enhancement that uses or relies upon Lighthouse Experts Group Software when converting or transforming files into a different format.
4.3 Plug-in Restrictions. You will not integrate or use Lighthouse Experts Group Software with any plug-in software.
4.4 Disabled Features. Lighthouse Experts Group Software may contain features or functionalities that are hidden or appear disabled or “grayed out” (the “Disabled Features”). Disabled Features will activate only when using enabling technology available only from Lighthouse Experts Group. You will not access, or attempt to access, any Disabled Features other than through the use of such enabling technologies, nor will you rely on Lighthouse Experts Group Software to create a feature substantially similar to any Disabled Feature or otherwise circumvent the technology that controls activation of any such feature.
4.5 Notices. You shall not alter or remove any copyright or other proprietary notice that appears on or in the Software.
4.6 No Modification or Reverse Engineering. You shall not modify, adapt, translate, or create derivative works based upon the Software. You shall not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software.
You may not rent, lease, sublicense, assign, or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another user’s Computer except as may be expressly permitted by this agreement.
- Intellectual Property Ownership, Reservation of Rights.
The Software and any authorized copies that you make are the intellectual property of Lighthouse Experts Group and its suppliers. The structure, organization, and code of the Software are the valuable intellectually property (e.g. trade secrets and confidential information) of Lighthouse Experts Group and its suppliers. The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Lighthouse Experts Group and its suppliers.
- Third Party Offerings. You acknowledge and agree to the following:
7.1 Third Party Offerings. The Software may allow you to access and interoperate with third party content, software applications, and data services, including rich Internet applications (“Third Party Offerings”). Your access to and use of any Third Party Offering, including any goods, services, or information, is governed by the terms and conditions respecting such offerings and copyright laws of the United States and other countries. Third Party Offerings are not owned or provided by Lighthouse Experts Group. You agree that you will not use any of such Third Party Offerings in violation of copyright laws of the United States or other countries. Lighthouse Experts Group or the third party may at any time, for any reason, modify or discontinue the availability of any Third Party Offerings. Lighthouse Experts Group does not control, endorse, or accept responsibility for Third Party Offerings. Any dealings between you and any third party in connection with a Third Party Offerings, including such party’s privacy policies and use of your personal information, delivery of and payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Third Party Offerings might not be available in all languages or to residents of all countries and Lighthouse Experts Group or the third party may, at any time and for any reason, modify or discontinue the availability of any Third Party Offerings.
7.2 EXCEPT AS EXPRESSLY AGREED BY LIGHTHOUSE EXPERTS GROUP OR ITS AFFILIATES OR A THIRD PARTY IN A SEPARATE AGREEMENT, YOUR USE OF LIGHTHOUSE EXPERTS GROUP AND THIRD PARTY OFFERINGS IS AT YOUR OWN RISK UNDER THE WARRANTY AND LIABILITY LIMITATIONS OF SECTIONS 1.1 AND 10.
- Limitation of Liability.
IN NO EVENT WILL LIGHTHOUSE EXPERTS GROUP, ITS SUPPLIERS, OR CERTIFICATION AUTHORITIES BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN LIGHTHOUSE EXPERTS GROUP REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIMS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. LIGHTHOUSE EXPERTS GROUP’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS AND CERTIFICATION AUTHORITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this agreement limits Lighthouse Experts Group’s liability to you in the event of death or personal injury resulting from Lighthouse Experts Group’s negligence or for the tort of deceit (fraud). Lighthouse Experts Group is acting on behalf of its suppliers and Certification Authorities for the purpose of disclaiming, excluding, and/or limiting obligations, warranties, and liability as provided in this agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this agreement, if any, or contact Lighthouse Experts Group’s Customer Support Department.
- Export Rules.
You agree that the Software will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations (collectively the “Export Laws”). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan, Cuba, and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this agreement.
- Governing Law.
If you are a consumer who uses the Software for only personal non-business purposes, then this agreement will be governed by the laws of the state in which you purchased the license to use the Software. If you are not such a consumer, this agreement will be governed by and construed in accordance with the substantive laws in force in: (a) the State of Massachusetts, if a license to the Software is obtained when you are in the United States, Canada, or Mexico. The respective courts of Middlesex County, Massachusetts when Massachusetts law applies shall have non-exclusive jurisdiction over all disputes relating to this agreement. Notwithstanding any provision in this agreement, Lighthouse Experts Group or you may request any judicial, administrative, or other authority to order any provisional or conservatory measure, including injunctive relief, specific performance, or other equitable relief, prior to the institution of legal or arbitration proceedings, or during the proceedings, for the preservation of its rights and interests or to enforce specific terms that are suitable for provisional remedies. The English version of this agreement will be the version used when interpreting or construing this agreement. This agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
- General Provisions.
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms. This agreement shall not prejudice the statutory rights of any party dealing as a consumer. This agreement may only be modified by a writing signed by an authorized officer of Lighthouse Experts Group. Updates may be licensed to you by Lighthouse Experts Group with additional or different terms. This is the entire agreement between Lighthouse Experts Group and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the Software.
- Compliance with Licenses.
If you are a business or organization, you agree that upon request from Lighthouse Experts Group or Lighthouse Experts Group’s authorized representative, you will, within thirty (30) days, fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from Lighthouse Experts Group.