End-User License Agreement
Last updated: 4.6.2018
Please read this End-User License Agreement (“Agreement”) carefully before downloading or using any software (“Software”) created by VISIBLE d.o.o. (“VISIBLE”). This includes, but is not limited to Lightact and Lightact Manager.
By downloading or using the Software, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not download or use the Software.
- VISIBLE grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Software solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
- 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.
Modifications to Software
- VISIBLE 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.
Term and Termination
- This Agreement shall remain in effect until terminated by you or VISIBLE.
- VISIBLE 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 VISIBLE, 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 your mobile device or from your desktop.
- 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.
- No waiver by us 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.
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.
- 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.
- VISIBLE will create an online support webpage for the Software.
- Where possible, VISIBLE will endeavor to provide timely phone or email support from Monday to Friday, between the hours of 10am and 5pm Central European Time.
Amendments to this Agreement
- We may change this EULA for any legal, regulatory or security reasons, or for any other reason we decide. We will notify you of any changes and you will be required to accept the changes to continue to use the Software.
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.
If you have any questions about this Agreement, please contact us at firstname.lastname@example.org.