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End User License Agreement (EULA) and Terms of Use

  1. Scope

    By installing, copying, or otherwise using the Software, the User agrees to be bound by the terms and conditions set forth in this EULA. If the User does not agree to the terms and conditions set forth in this EULA, then the User may not download, install, or use the Software.

  2. Definitions

    2.1. “LightWare” shall refer the company LightWare Optoelectronics (Pty) Ltd with Company Registration number: 2011/142696/07, located at Suite 011 Midlands Office Park, 1 Mount Quray street, Midstream Estate, 1692, South Africa.

    2.2. “User” shall mean any and all parties, individuals or entities, that downloads or is supplied with and uses the Software.

    2.3. “Software” shall mean any software products, whether supplied free of charge or purchased from LightWare or its Distributors, being the deliverables provided pursuant to this EULA.

  3. Grant of use:

    3.1. Software Product License.
    Subject to the terms of this EULA, LightWare hereby grants to the User a royalty‐free, non‐exclusive license to possess and to use a copy of the Software. The User is not allowed to charge for distributing this Software, either for profit or merely to recover media and distribution costs.

    3.2. Installation and Use.
    The User may install and use any number of copies of the Software on a shared computer or concurrently on different computers, and make multiple back‐up copies of the Software, solely for the User’s use within the User’s business or personal use.

    3.3. Update, Maintenance and Support.
    LightWare has no obligation to Software support, or to continue providing or updating any of the Software. LightWare shall provide updates and maintenance on an as needed basis at their sole discretion.

  4. Intellectual Property

    All rights, title, 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. 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

    LightWare, and the authors of the Software, hereby expressly disclaim any warranty for the Software and other information supplied. The Software and any related documentation and information is provided “as is” and may include faults. 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.

  6. Limited Liability

    LightWare shall not be liable to the User, or any other person or entity claiming through the User any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise, even if LightWare has been advised of the possibility of such damages. These limitations shall apply regardless of the essential purpose of any limited remedy. 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

    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. 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.

  9. Severability

    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. 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

    This EULA is made within the exclusive jurisdiction of South Africa, and its jurisdiction shall supersede any other jurisdiction of either party’s election. 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. 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.

  11. Customer responsibility for software updates.

    LightWare will release software and firmware updates from time to time to improve the performance of the software platforms or LiDAR sensors. These updates may include bug fixes, new features, enhancements to the performance of the sensors or critical updates to ensure the safe and reliable operation of your LiDAR sensor. LightWare will communicate these updates to the customer via email and / or LightWare Studio. It is the Customer’s sole responsibility to ensure their software and firmware are kept up to date. LightWare shall not be liable for any loss, damages, or other consequences from operating the sensors with outdated firmware or using outdated software.

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