End User License Agreement (EULA) and Terms of Use

1.  Scope
1.1. This End User License Agreement (“EULA”) governs the download, installation and use of any Software provided by LightWare.
1.2. This EULA sets out the basis on which LightWare makes the Software available to Users. By downloading, installing, copying or using the Software, you agree to accept and to be bound by:
1.2.1. The terms of this EULA;
1.2.2. LightWare’s Terms and conditions, as amended from time to time and published on LightWare’s website at https://lightwarelidar.com/terms-and-conditions; and
1.2.3. LightWare’s Website Privacy Policy, available at https://lightwarelidar.com.
1.3. This EULA shall coexist with, and shall not supersede, the Terms and conditions. Should any of the provisions of this EULA conflict with the provisions of the Terms and conditions, the provisions in the Terms and conditions shall govern.
1.4. If the User does not agree to the terms and conditions set forth in this EULA, the User may not download, install, or use the Software.

2.  Definitions
2.1. EULA shall mean End User License Agreement.
2.2. “LightWare” shall refer the company LightWare Optoelectronics (Pty) Ltd with Company Registration number: 2011/142696/07, located at Tugela House, Riverside office park, 1303 Heuwel road, Centurion, Gauteng, 1692, South Africa, together with all its affiliate companies.
2.3. “User” shall mean any and all parties, individuals or entities, that downloads or is supplied with and uses the Software.
2.4. “Software” shall mean any compiled software, software code, and/or firmware, together with the associated upgrades, patches, and updates and related services produced by and for LightWare, whether supplied free of charge or purchased from LightWare.

3.  Grant of use
3.1. Subject to the terms of this EULA, LightWare hereby grants to the User a non-exclusive, non-transferable, non-sublicensed, license to install and/or use the Software. The Software is provided as a right to use only and is not sold to the User.
3.2. The User shall not reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of the Software (except if the Software is explicitly provided as text-based integration code), in whole or in part.
3.3. The User may not remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained within the Software.
3.4. The User may not resell the Software without the express written permission from LightWare.
3.5. LightWare has no obligation to Software support, over and above the level of support contemplated in the Terms and conditions. LightWare shall provide updates and maintenance on an as needed basis at their sole discretion.

4.  Intellectual Property
4.1. All rights, title, ownership, interest, and copyrights in and to the Software, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by LightWare unless explicitly stated otherwise.
4.2. The Software is protected by all applicable copyright laws and international treaties. Therefore, the User is required to treat the Software like any other copyrighted material, except as otherwise provided for in this EULA.

5.  Warranty Disclaimer
5.1. It is supplied without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, integration, satisfactory quality or non-infringement. The User accepts any and all risk arising out of use or performance of the Software.
5.2. The User expressly acknowledges that use of the Software is at their own risk. To the fullest extent permissible under applicable law, the Software is supplied on an “as is” and “as available” basis.
5.3. Lightware does not make and hereby disclaim any guarantees, conditions, warranties of any kind, express, implied or statutory or other terms including as to:
5.3.1. its conformity, accuracy, currentness, completeness, reliability or security
5.3.2. its suitability for a particular use; or
5.3.3. implied warranties of title, non-infringement.
5.4. LightWare does not warrant that the product will be uninterrupted or error-free, that defects will be corrected, or that the product is free of viruses or other harmful components. The User assumes all responsibility for selecting the product to achieve your intended results, and for the installation of, use of, and results obtained from the product.

6.  Limited Liability
6.1. To the fullest extent permissible under applicable law, in no event will LightWare be liable for loss or damage suffered in connection with the use of the Software. This includes without limitation:
6.1.1. all losses of any kind, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent) or otherwise,
6.1.2. direct loss;
6.1.3. loss of profits, income, or savings;
6.1.4. accidental loss,
6.1.5. incidental loss,
6.1.6. consequential loss, and
6.1.7. indirect loss.
6.2 Notwithstanding the aforementioned limitations of liability, the User’s sole remedy in the event of a dispute with LightWare is to cease to use the Software.
6.3. Under no circumstances shall LightWare’s aggregate liability to the User, or any other person or entity claiming through the User, exceed the financial amount actually paid by the User to LightWare for the Software.

7.  Termination of the agreement
7.1. The EULA shall be automatically terminated if the User fails to comply with any of the terms and conditions set forth in this EULA; or
7.2. LightWare may terminate this EULA immediately upon written notice, including e-mail, to the User, with or without cause.

8.  Entire Agreement
8.1. Both parties agree that this EULA is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this EULA.
8.2. This Agreement constitutes the entire agreement between LightWare and the User and supersedes all prior understandings of LightWare and the User, including any prior representation, statement, condition, or warranty.
8.3. LightWare reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to the User.
8.4. The most current version of this EULA is available on LightWare’s website and it remains the responsibility of the User to check the EULA periodically for changes.
8.5. If any future changes to this EULA are unacceptable to the User or cause the User to no longer be in agreement or compliance with this EULA, the User may terminate this EULA and immediately uninstall the Software. The User’s continued use of the Software following any revision to this EULA constitutes their complete and irrevocable acceptance of any and all such changes.
8.6. LightWare may modify the Software for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Software. The User agrees that the Product may install or download the modifications automatically.
8.7. The User agrees that LightWare may stop to support previous versions of the Software upon availability of an updated version.

9.  Severability
9.1. No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder.
9.2. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.

10.  Jurisdiction
10.1. This EULA is made within the exclusive jurisdiction of South Africa, and its jurisdiction shall supersede any other jurisdiction of either party’s election.
10.2. This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws of South Africa, without regard to conflicts of laws provisions thereof.
10.3. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in Johannesburg or Pretoria, South Africa and each party consents to the jurisdiction thereof.