THIS END USER LICENSE AGREEMENT ("EULA”) APPLIES WITH RESPECT TO SOFTWARE APPLICATIONS AND DIGITAL CONTENT OWNED AND PROVIDED BY LIGHT DIAL, BELONGING TO MAGIC AURORA TECH LTD. PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, OR BY USING ALL OR ANY PORTION OF THE SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1.1 ”Software” means all software or digital content owned and provided by Light Dial
1.2 ”Use,” "Used" or "Using" means to access, install, download, copy or benefit from utilizing the functionality of the Software.
1.3 ”Effective Date" means the date on which Customer first subscribes to receive the Service through Light Dial’s website or through a third-party application store such as the Chrome Web Store;
2. GRANT OF LICENSE
2.1 Software License Grant: Subject to all of the terms and conditions of this Agreement and payment of any applicable fees, Light Dial grants to Customer a royalty-free, non-exclusive, non-transferable license to download, install and use the Licensed Software as part of the Service.
2.2 License to Licensee Data: Customer grants to Light Dial a non-exclusive license to access, modify and otherwise exploit Licensee Data as required in order to provide the Service.
2.3 Usage Data: Customer agrees that Light Dial will have the right to collect Usage Data and to create statistics and analytics therefrom (“Derived Data”). Customer further agrees that Light Dial may use and disclose Derived Data without restriction provided that such Derived Data does not identify the Customer and does not contain personally identifiable information.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
3.1 You may not sell the Application, under any circumstances. The Application may be given to an unlimited number of individuals.
3.2 You may not make modifications to the Application, or decompile, disassemble, reverse engineer or modify the software or any portion of it. You may not combine other commercial applications with, or otherwise prepare derivative works of the Application.
3.3 The Application is licensed as a single product. Its component parts may not be separated in any way, without approval, in writing, from Light Dial.
3.4 This EULA does not grant you any rights in connection with any trademarks or service marks of Light Dial or sub-vendors, affiliates or distributors of this Software Application.
3.5 You may uninstall the Application at any time.
4. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
4.1 The title and all copyrights in, and to, the Application, the accompanying printed materials and all copies of the Application, are owned, at all times, by Light Dial. All title and intellectual property rights in, and to, the content that may be accessed through use of the Application, are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. Software Application documentation is provided in electronic form. You may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Application.
4.2 In the event of any third-party claim that the Application or your possession and use of it infringes that third-party’s intellectual property rights, you will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
5. Limitation of Liability
5.1 To the greatest extent permitted by applicable law, in no event shall Light Dial be liable to customer or any other person for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including without limitation, legal expenses, loss of business, loss of profits, loss of revenue, lost or damaged data, loss of computer time, cost of substitute goods or services, or failure to realize expected savings or any other commercial or economic losses arising out of or in connection with this agreement, even if Light Dial has been advised of the possibility of such loss or damages, or such losses or damages are foreseeable.
5.2 The entire liability of Light Dial and customer’s exclusive remedy with respect to the software and technical support and any other products or services supplied by Light Dial in connection with this agreement for damages for any cause and regardless of the cause of action, whether in contract or in tort, including fundamental breach or negligence, will be limited in the aggregate to the amounts paid by customer to Light Dial under this agreement for the software, technical support or services giving rise to the claim.
5.3 The disclaimer of representations, warranties and conditions and limitation of liability constitute an essential part of this agreement. you acknowledge that but for the disclaimer of representations, warranties and conditions and limitation of liability, neither Light Dial nor any of its licensors or suppliers would grant the rights granted in this agreement.
6. DISCLAIMER OF DAMAGES
6.1 Under no circumstances shall Light Dial, its directors, officers, employees or agents, be liable to you or any other party for indirect, consequential, special, incidental, punitive or exemplary damages of any kind (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) resulting from this EULA or from the furnishing, performance, installation, use, or inability to use, the Application, whether due to a breach of contract, breach of warranty or the negligence of Light Dial or any other party, even if Light Dial is advised beforehand of the possibility of such damages. To the extent that an applicable jurisdiction limits Light Dial’s ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.
6.2 In the event of any failure of the Application to conform to the limited warranty provided in paragraph 6, above, notify Light Dial or the affiliate or distributor you obtained it from. Light Dial, affiliate or distributor will have no warranty obligation whatsoever with respect to the Application, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to the limited warranty will be your sole responsibility.
7. TERM AND TERMINATION
7.1 This EULA comes into effect when you install the Application on your compatible electronic device and is effective for the entire period of use of the Application.
7.2 Any use in violation of this EULA shall constitute not only a breach of this EULA, but also a violation of domestic and international copyright laws. Any use of the Application that infringes upon Light Dial’s intellectual property rights or that is used for commercial purposes will be investigated and Light Dial shall have the right to take appropriate civil and criminal legal action.
7.3 Without prejudice to any other rights, Light Dial may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must uninstall and destroy all copies of the Application and all of its component parts.
8. GOVERNING LAW
This EULA shall be treated as though it was executed and performed in the United States, and shall be governed by, and construed in accordance with, the laws of United States, without regard to conflict of law principles. Any cause of action brought by you, with respect to the Application, must be instituted within thirty (30) days after any download of the Software Application from the Light Dial, affiliate or distributor web site, or be forever waived and barred. All actions shall be subject to the limitations set forth in previous Sections.
9. LIMITATIONS ON REVERSE ENGINEERING AND MODIFICATION
You may not reverse engineer, decompile, disassemble, modify or create works derivative of the Application except as expressly permitted by this EULA. You may not alter or modify any disabling mechanism that may be resident in the Application.
10. FORCE MAJEURE
Light Dial, its affiliates and distributors, shall not be responsible for any delays, errors, failures to perform, interruptions or disruptions in the Application, caused by any acts of God, strikes, lockouts, riots, acts of war, changes in law or regulations, fire, flood, earthquake, storm, power failure or failures of the Internet.
11.1 This EULA constitutes the entire understanding and agreement between Light Dial, and you, with respect to the transactions contemplated in this EULA, and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of this EULA, all of which are merged herein.
11.2 This EULA shall not be modified, amended or in any way altered, except by a written instrument, signed by both parties.
THESE TERMS AND CONDITIONS OF USE WERE LAST UPDATED ON 2/15/2017
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