Version 1.4, March 22nd 2016
This license is also available as a plain text file.
Please read this software license (the "License") carefully before installing or using the software product to which it relates (the "Software"). By using the Software, you are entering into a legally binding agreement to comply with the terms of this License.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL OR USE THE SOFTWARE.
- Grant of License
- Subject to the terms and conditions of this License, you are hereby granted a limited, non-exclusive license to install and use the Software and any related services.
- THE SOFTWARE, INCLUDING ANY DOCUMENTATION AND/OR CONTENT INCLUDED IN OR WITH THE SOFTWARE (COLLECTIVELY THE "SOFTWARE"), IS LICENSED, NOT SOLD, TO YOU BY LIGHTERRA PTY LTD (THE "LICENSOR") FOR USE ONLY UNDER THE TERMS OF THIS LICENSE.
- THE LICENSOR AND/OR ITS SUPPLIERS RETAIN OWNERSHIP OF THE SOFTWARE ITSELF, AND RESERVE ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU.
- The terms of this License shall also apply to any software updates provided by the Licensor that replace and/or supplement the original Software, unless such an update is accompanied by a separate license, in which case the terms of that license shall apply.
- You may make a one-time permanent transfer of all of your license rights to the Software to another party, provided the party receiving the Software agrees to accept the terms and conditions of this License, and provided you retain no copies of the Software. The transfer must include all of the Software, including all of its component parts, documentation (if any), original media (if any), printed materials (if any), and this License.
- This License is effective until terminated. 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. Upon the termination of this License, you must cease all use of the Software and destroy all copies, full or partial, of the Software.
- Installation and Use
- You may install the Software on any number of compatible systems you own or otherwise have the legal right on which to install the Software.
- AT ANY ONE TIME, ONLY THE NUMBER OF COPIES OF THE SOFTWARE FOR WHICH YOU HAVE LEGALLY ACQUIRED LICENSES MAY BE RUN OR OTHERWISE USED.
- You may make the Software available over a network where it may be used by multiple computers at the same time, provided you have reasonable means of ensuring only the number of copies of the Software for which you have legally acquired licenses may be running or otherwise used at the same time.
- You may make copies of the Software in machine-readable form for backup purposes, provided the backup copies include all copyright or other proprietary notices contained in the original.
- YOU ACKNOWLEDGE THAT THE SOFTWARE AND ANY RELATED SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE SOFTWARE OR RELATED SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
- Special Versions
- If you are using a trial or demonstration version of the Software, you may only use the Software for testing, evaluation and demonstration purposes. Software labeled or otherwise provided to you on a trial or demonstration basis may not be resold or transferred.
- If you are using an educational version of the Software, you must be a student, teacher, faculty or staff member attending and/or working at a recognized educational institution (eg: a school, college or university). Software labeled or otherwise provided to you on an educational basis may only be used for educational purposes and/or within an educational context. You may not use an educational version of the Software for commercial work.
- If you are using a site-licensed version of the Software, the number of copies of the Software which may be used simultaneously shall be taken to be an infinite number, provided all copies are used at the same general physical location (eg: company office, school, college or university campus).
- If you are using an organization-wide-licensed version of the Software, the number of copies of the Software which may be used simultaneously shall be taken to be an infinite number, provided all copies are used by members of the same organization (eg: company employees, students and staff attending and/or working at a school, college or university).
- Copyright and Intellectual Property
- THE SOFTWARE IS THE INTELLECTUAL PROPERTY OF THE LICENSOR AND/OR ITS SUPPLIERS, AND YOU MAY NOT ATTEMPT TO DECOMPILE OR REVERSE ENGINEER THE SOFTWARE OR ANY RELATED SERVICES, OR PARTS THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION.
- To the extent that the Software may be used to reproduce materials, it is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.
- Use of Private Data
- You agree that the Licensor may collect and use technical and related information, including but not limited to technical information about your computer system and software, that is gathered to facilitate the provision of software updates, bug reporting, product support and other services related to the Software. This information is collected in a form that does not personally identify you wherever possible.
- Third-Party Software, Services or Information
- The Licensor may have provided, as part of the Software, access to certain third-party software, services or information. To the extent that the Software contains, or provides access to, any third-party software, services or information, the Licensor makes no warranty regarding the quality, performance, reliability or accuracy of the third-party software, services or information, and has no express or implied obligation to provide any technical or other support for such software, services or information.
- Any access to third-party software or services provided as part of the Software is provided only as a convenience, and constitutes neither an endorsement nor a recommendation.
- Export Restrictions
- The Software may be subject to export restrictions due to use of encryption or other technology. You agree to comply with all applicable international and national laws that may apply to the Software in this respect, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
- Limited Warranty
- FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF RECEIPT, THE LICENSOR WARRANTS THAT THE SOFTWARE AND ANY RELATED SERVICES WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE BEHAVIOR DESCRIBED IN THEIR ADVERTISING AND ACCOMPANYING DOCUMENTATION.
- IF AN IMPLIED WARRANTY IS CREATED BY YOUR LEGAL JURISDICTION AND CONTROLLING LAW PROHIBITS DISCLAIMER OF IT, YOU MAY ALSO HAVE AN IMPLIED WARRANTY, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE LIMITED WARRANTY PERIOD.
- EVEN DURING THE LIMITED WARRANTY PERIOD, THE LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR SERVICES, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SOFTWARE WILL BE COMPATIBLE WITH THIRD-PARTY SOFTWARE OR SERVICES, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED.
- THE LIMITED WARRANTY SHALL BE VOID IF FAILURE OF THE SOFTWARE OR RELATED SERVICES HAS RESULTED FROM ACCIDENT, ABUSE, MISAPPLICATION OR ABNORMAL USE OF THE SOFTWARE OR SERVICES.
- AFTER THE LIMITED WARRANTY PERIOD HAS EXPIRED, THE SOFTWARE AND ANY RELATED SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED; WITHOUT EVEN THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT AFTER THE LIMITED WARRANTY PERIOD HAS EXPIRED, USE OF THE SOFTWARE AND ANY RELATED SERVICES IS AT YOUR SOLE RISK, AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, RELIABILITY AND ACCURACY IS WITH YOU.
- EXCEPT DURING THE LIMITED WARRANTY PERIOD, THE LICENSOR AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND ANY RELATED SERVICES, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OF SATISFACTORY QUALITY, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
- THE LIMITED WARRANTY GIVEN ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU, AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES OR SIMILAR OBLIGATIONS (IF ANY) GIVEN IN ANY ADVERTISING, DOCUMENTATION, PACKAGING OR OTHER COMMUNICATIONS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE LICENSOR OR ANY AUTHORIZED REPRESENTATIVE SHALL BE DEEMED TO CREATE OR IMPLY A WARRANTY OTHER THAN THE LIMITED WARRANTY GIVEN ABOVE.
- Limitation of Liability
- YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THE LIMITED WARRANTY GIVEN ABOVE SHALL BE, AT THE LICENSOR'S OPTION, EITHER A REFUND OF THE AMOUNT PAID FOR THE SOFTWARE, OR CORRECTION, REPAIR OR REPLACEMENT OF THE SOFTWARE THAT DOES NOT MEET THE LIMITED WARRANTY. ANY REPLACEMENT SOFTWARE WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD, OR THIRTY (30) DAYS, WHICHEVER IS LONGER, AND THE LICENSOR SHALL MAKE REASONABLE EFFORTS TO PROVIDE YOUR REMEDY WITHIN A REASONABLE TIMEFRAME.
- NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF THE LICENSOR AND ANY OF ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY OF CORRECTION, REPAIR OR REPLACEMENT ELECTED BY THE LICENSOR WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE 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 SOFTWARE OR RELATED SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Controlling Law and Severability
- This License shall be governed by and construed in accordance with the laws of the state of Queensland, Australia, as applied to agreements entered into and to be performed entirely within Queensland between Queensland residents.
- If you acquired the Software in any other jurisdiction, then local law may also apply.
- If, for any reason, a court of competent jurisdiction finds any provision, limitation, exclusion or disclaimer, or portion thereof, to be unenforceable, or if any provision or remedy fails its essential purpose, the remainder of this License shall continue in full force and effect, to the maximum extent permitted by law.
- Complete Agreement
- This License constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder, and supersedes all prior or contemporaneous understandings regarding such subject matter.
- No amendment to or modification of this License will be binding unless in writing and signed by the Licensor.
- Any translation of this License is done for local requirements, and in the event of a dispute between the English and any non-English version(s), the English version of this License shall apply.