Software End-User License Agreement
Please read this Software End-User License Agreement (“Agreement”) carefully before downloading or using any software (“Software”) created by LightAct d.o.o. (“LightAct”). This includes, but is not limited to LightAct, LightAct Manager and LightAct WebUI.
By downloading, installing or otherwise using the Software, you are agreeing to be bound by the terms and conditions of this Agreement. The software is distributed either as Free for non-commercial use with watermarks, or as Commercial version for use by paying customers.
LightAct Manager and LightAct WebUI are bundled with hardware provided by LightAct. These products cannot be purchased or downloaded separately. Any reproduction or copying of LightAct Manager and LightAct WebUI to hardware other than that provided by LightAct is strictly prohibited unless expressly agreed otherwise with LightAct.
If you (the Licensee) do not agree to the terms of this Agreement, do not download or use the Software.
- LightAct grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Software strictly in accordance with the terms of this Agreement. License for Free version of Software is granted solely for non-commercial purposes.
- The Software for commercial use can be licensed as (i) a perpetual license or (ii) a subscription license that needs to be renewed annually.
- A perpetual license gives the Licensee a right to use the licensed version of the Software perpetually.
- A subscription license gives the Licensee a right to use the Software (the current or at any time the latest version) one (1) year from the date of purchase if not expressly agreed otherwise. The LightAct Pricelist will determine which options are available. If the subscription license is not renewed, the Licensee no longer has any right to use the Software.
- You agree not to, and you will not permit others to:
- license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software or make the Software available to any third party.
- copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the Software in whole or in part.
- The Licensee shall obtain no rights to the Software. LightAct retains all intellectual property rights to the Software, updates, documentation, and all data enclosed in it, including, but not limited to, copyright, trademarks and other rights, titles and interests in the Software.
3. Modifications to Software
- LightAct reserves the right to modify, suspend or discontinue, temporarily or permanently, the Software or any service to which it connects, with or without notice and without liability to you.
- Software is sold or rented with included upgrades and support for as long as is explicitly stated for each software product and type of licence for product at the time of purchase.
- The Licensee acknowledges that updates to the Software may not work with the Licensee’s hardware, add-ons, third-party software, or custom fit adjustments or modifications.
4. Term and Termination
- This Agreement shall remain in effect until terminated by you or LightAct.
- LightAct 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 LightAct, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Software and all copies thereof from all electronic devices.
- Upon termination of this Agreement, you shall cease all use of the Software and delete all copies of the Software from your mobile device or from your desktop.
- 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.
6. No waiver
- No waiver by LightAct of any failure by you to comply with or perform a provision of this EULA shall constitute a waiver of any preceding or succeeding failure.
7. Limitations of Liability
- The SOFTWARE is provided ‘AS IS’ and on an ‘AS AVAILABLE’ basis without any representation, endorsement or warranty of any kind, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and/or accuracy.
- We do not guarantee that the SOFTWARE will be (i) free of errors, viruses or bugs or other defects; or (ii) that the SOFTWARE or any information displayed or distributed through the SOFTWARE or in the Documentation will be accurate or complete; or (iii) that any defects in the SOFTWARE will be corrected; OR (IV) THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED.
- You acknowledge that USE OF THE SOFTWARE OR reliance on any such information shall be at your sole risk.
- LightAct expressly disclaims any liability, whether expressed or implied with regard to (i) defects and errors, which are not related to the Software, but which are related to external factors, including other software products of the Licensee, (ii) acts or omissions of the Partners of LightAct (iii) the interaction between the Software and any other hardware and/or software environment and organization at the Licensee’s location or at any remote location, including but not limited to hosting or data centers (iv) errors, defects, and inexpediency of third-party’s standard products, delivered by LightAct (v) the Licensee’s changes and/or modifications in or with the Software, and (vi) compatibility between the Software and any new version, update etc. of third-party’s software.
- LightAct shall not in any way be liable for circumstances related to the non-fulfilment of the Licensee’s duties in respect of this Agreement. In no event shall LightAct be held liable for any damage resulting from loss of data, loss of profits or goodwill or other consequential damages. LightAct’s liability can under no circumstances exceed the license fee paid by the Licensee under the Agreement.
- NOTHING IN THIS EULA SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATIONS OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THAT OF OUR EMPLOYEES OR AGENTS.
- TO THE FULLEST EXTENT PERMISSABLE BY LAW, INCLUDING IN YOUR LOCAL JURISDICTION, WE EXCLUDE ALL OTHER LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING ANY LIABILTY OR DAMAGE TO ANY DEVICE OR COMPUTER SYSTEM.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY IN RESPECT OF ANY CLAIMS MADE IN CONNECTION WITH OR ARISING OUT OF THE USE OF THE SOFTWARE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE) FOR DIRECT LOSSES WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO US IN RESPECT OF YOUR USE OF THE SOFTWARE IN THE 12 MONTHS IMMEDIATELY PRIOR TO THE DATE UPON WHICH THE CAUSE OF ACTION AROSE.
8. Software Support
- LightAct will create an online support webpage for the Software.
- Where possible, LightAct will endeavour to provide timely phone or email support from Monday to Friday, between the hours of 10am and 3pm Central European Time
- The Licensee alone is responsible for the backup of all data, configurations, and settings stored in the Software.
9. Amendments to this Agreement
- We may change this EULA for any legal, regulatory or security reasons, or for any other reason we decide.
10. Governing Law and Dispute Resolution
- This Agreement shall be governed by and construed in accordance with the laws of Slovenia, without giving effect to any choice of law or conflict of law provisions. The Parties consent to the exclusive jurisdiction and venue in the courts of Slovenia in the city of Ljubljana.