Go2Scope Software Licensing Agreement
Luminous Point LLC, 2015
1. 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. LUMINOUS DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. 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, LUMINOUS MAKES 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 8 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 Go2Scope Software, you accept all the terms and conditions of this agreement. Upon acceptance and/or purchase, 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. Luminous permits you to Use the Software only in accordance with the terms of this agreement. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement, a “Read Me” or “License” files located near such materials. Such other terms and conditions will supersede all or portions of this agreement in the event of a conflict with the terms and conditions of this agreement.
“Luminous” means Luminous Point LLC, a California Limited Liability Corporation, 626 Prentiss, San Francisco, California 94110
“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 microprocessor based computers.
“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 include Go2Scope software.
“Use” means to access, install, download, copy, or otherwise benefit from using the functionality of the Software.
3. Software License
If you obtained the Software from Luminous, and subject to your compliance with the terms of this agreement, including the restrictions in Section 4, Luminous 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 “Personal Computer”
3.2 Distribution. Distribution or sublicensing of the Software is not allowed.
4. Obligations and Restrictions
4.1 Notices. You shall not alter or remove any copyright or other proprietary notice that appears on or in the Software.
4.2 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. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer (i) this agreement, and (ii) the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates, and prior versions, to such person or entity, (b) you retain no copies, including backups and copies stored on a Computer, and (c) the receiving party accepts the terms and conditions of this agreement and any other terms and conditions upon which you obtained a valid license to the Software.
6. Intellectual Property Ownership, Reservation of Rights
The Software and any authorized copies that you make are the intellectual property of Luminous. The structure, organization, and code of the Software are the valuable intellectually property (e.g. trade secrets and confidential information) of Luminous. 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 Luminous.
7. Connectivity and Privacy
You acknowledge and agree to the following:
7.1 Registration and Activation. In order to use the Software, you are required to register with the Go2Scope Web site and provide your name, organization and contact email. On the first use of the Software you are also required to activate it using your Go2Scope registration. Your Internet Protocol address (“IP Address”) and MAC address are sent when this happens.
7.2 Use of Go2Scope Web Site. If your Computer is connected to the Internet, the Software may, without additional notice and on an intermittent or regular basis communicate with Go2Scope Web Site by sending your IP Address and Mac address in order to enable Go2Scope Web services.
. Limitation of Liability
IN NO EVENT WILL LUMINOUS 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 A LUMINOUS 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. LUMINOUS’ AGGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.
9. Governing Law
This agreement will be governed by and construed in accordance with the substantive laws in force in the state of California. San Francisco County shall be the appropriate venue and jurisdiction for the resolution of any disputes hereunder. Parties hereby consent to such personal and exclusive jurisdiction.
10. 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 may only be modified by a writing signed by an authorized officer of Luminous. Updates may be licensed to you by Luminous with additional or different terms. This is the entire agreement between Adobe and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the Software.