End User License Agreement For Lumenbyte Products
Updated April 21, 2019
This agreement governs and is applicable for all Licenses for Lumenbyte software developed and distributed by Lumenbyte, LLC. (the “Software”) installed and used on computers, mobile phones, tablets, and other devices utilizing Apple Operating Systems.
PLEASE READ THIS EULA CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING LUMENBYTE SOFTWARE. BY DOWNLOADING, INSTALLING AND USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL AND/OR USE THE SOFTWARE AND, IF PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS, CLICK “DISAGREE”.
This EULA is a agreement between you (“You”, “Your”) (either an individual or a single entity) and Lumenbyte, LLC. (“Lumenbyte” or “Us”, “We”) for the Lumenbyte Software.
When used in this EULA, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
“Software” means all of the contents of the downloads, files, disk(s), or other media containing Lumenbyte Software with which this EULA is applicable, including but not limited to (A) registration information, i.e. license key which is unique for Your registration name; (B) related explanatory written materials or files (“Documentation”); and (C) Software setup files and code samples (if any); and (ii) any upgrades, modified versions, updates, additions, and copies of the Software, if any, provided to You by Us now or in the future (collectively, “Updates”).
“Use” or “using” means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the documentation.
Lumenbyte as the licensor, grants You as the licensee, a non-exclusive right to use the Software under the terms of this EULA. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Lumenbyte reserves all rights not expressly granted to You. Lumenbyte retains the ownership of the copyright in and to the Software.
PERMITTED USES AND RESTRICTIONS
Subject to Your compliance with this EULA, Lumenbyte grants You a non-exclusive, limited, revocable, non-transferable license to use the Software solely as follows:
- Unauthorized copying of the Software is expressly forbidden.
- You may not rent, lease, or lend the Software to anyone.
- You may not permanently transfer all of Your rights under this EULA, unless We are notified of and consent to the assignment and the assignee agrees to the terms of this EULA.
- Except as and only to the extent permitted in this EULA and by applicable law, You may not copy, adapt, translate, decompile, reverse engineer, disassemble, modify, or create derivative works of the Software.
- Without prejudice to any other rights, We may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must destroy all copies of the Software.
You may not assign, rent, lease, lend, sell, redistribute or sublicense this Software, except as provided herein or with our express consent and agreement. You may, however, make a one-time permanent transfer of all of Your license rights to the Software (in its original form as provided) to another party, provided We are notified of and approve the transfer and the assignee agrees to be bound by the terms of this EULA.
PRIVACY AND CONSENT TO USE OF DATA
This EULA is effective until terminated. Your rights under this License will terminate by Us automatically without notice if You fail to comply with any term(s) of this EULA and or otherwise fail to pay the fees and charges, if any, payable to Us and associated with Your use of the Software. Upon the termination of this License, You shall cease all use and destroy, remove or delete all copies, full or partial, of the Software on Your computer or device and otherwise in Your possession or control. Any term or condition of this EULA which by its plain meaning shall be and must be performed after termination, shall survive termination.
DISCLAIMER OF WARRANTIES
YOU ASSUME THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SOFTWARE.
THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED OF ANY KIND AND LUMENBYTE SPECIFICALLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGMENT OF ANY THIRD PARTY RIGHTS. NO ORAL OR WRITTEN ADVICE GIVEN BY LUMENBYTE, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY UPON SUCH INFORMATION OR ADVICE.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL LUMENBYTE BE LIABLE TO YOU OR A THIRD PARTY FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SOFTWARE HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LUMENBYTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. REGARDLESS, IN NO EVENT SHALL LUMENBYTE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF TWENTY-FIVE DOLLARS ($25.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
CONTROLLING LAW, COMPLETE AGREEMENT AND SEVERABILITY
This EULA will be governed by and construed in accordance with the laws of the State of Florida, excluding its conflict of law principles. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. The federal or state courts located in or within 75 miles of Orlando, USA shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement. To the maximum extent permitted by law, You hereby consent to the jurisdiction and venue of such courts and waive any objections to such jurisdiction and venue.
Except for actions to protect copyrights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in the location in Florida, USA or such other location in the USA determined by Lumenbyte in its sole discretion. The arbitrator shall apply the laws of the State of Florida, to all issues in dispute. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Notwithstanding the law of Florida legal fees shall be awarded to the prevailing party in the arbitration.
This EULA constitutes the entire agreement between You and Lumenbyte relating to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless in writing and signed by Lumenbyte. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in Your jurisdiction.
If any term or provision of this EULA is declared void or unenforceable in a particular situation, by any judicial or administrative authority, this declaration shall not affect the validity of enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation. To the extent possible the provision will be interpreted and enforced to the greatest extent legally permissible in order to effectuate the original intent, and if no such interpretation or enforcement is legally permissible, shall be deemed severed from the EULA.
Updated April 21, 2019
Should we ask you to provide certain information by which you can be identified; you can be assured that it will only be used in accordance with this privacy statement.
WHAT PERSONAL INFORMATION WE COLLECT
- When you fill out any forms on our website and/or software products, you may be asked for information such as your name, email address, other contact details, and any related personal information for the use of a product.
- Shall you decline to provide any information we may ask to collect, you may visit our website and use our software products anonymously. In such event, we cannot guarantee the intended function of every feature in our website or software products.
- You may also be asked to provide or may provide additional Personal Data in course of:
- Communicating with us about your purchase.
- Downloading and installing our software, applications and updates.
- Supplying feedback and information about your use of our products.
- Requesting us to stay in touch with you.
- Our server may log your IP address when you visit lumenbyte.com.
USE OF YOUR INFORMATION
We use your information to understand your needs and provide you with a better service, and in particular for the following reasons:
- We use your Personal Data to administer, or communicate with you about your purchases.
- To personalize your user experience.
- To improve our website and software products.
- We may use the information internally for marketing purposes to enhance product quality and to determine future product direction.
- Provided you have opted in, we may provide information about new and existing products that may be of interest to you.
COLLECTION AND USE OF NON-PERSONAL INFORMATION
Our website, online services, interactive applications, email messages, and advertisements may use “cookies” and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our website people have visited, and facilitate and measure the effectiveness of advertisements and web searches. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. If you revisit our website, our web server will recognize the cookie and provide information about your last visit. Usually you can modify the settings of your browser to accept or reject all cookies or as an alternative to be notified when a cookie is set.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
HOW WE PROTECT PERSONAL DATA
We are committed to ensuring that your information is secure. In order to prevent loss, unauthorized access or disclosure, misuse, alteration or destruction we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Secured servers are used by our company to ensure proper data storage. Information on transactions is kept encrypted for safety measures.
LINKS TO OTHER WEBSITES
TO WHOM WE DISCLOSE PERSONAL DATA
At times we may make certain personal information available to strategic partners that work with us to provide products and services, or that help us market to customers. Personal information will only be shared by us to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes.
- Service Providers
We share personal information with companies who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and maintain complete confidentiality.
It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for us to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.
We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.
- Protection of Personal Information
We take precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.
When you use our products, services, or applications or post on a forum, chat room, or social networking service, the personal information you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to submit in these instances.
- Integrity and Retention of Personal Information
- Access to and Correcting Personal Information
If you believe that any information we have on record with you is incorrect or incomplete, please contact us as soon as possible. We make good faith efforts to provide you with access so you can request that we correct the data if it is inaccurate or delete the data if it is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made through our support. Please email us at email@example.com.
- Third-Party Sites and Services
Apple websites, products, applications, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.
- Privacy Questions
Updated April 21, 2019
All software from Lumenbyte is available on a try-before-you-buy basis. There are free or Demo versions of the software that provide for a trial period or feature-restricted versions of the software. This is to ensure you are able to experience the software and evaluate it before purchase. When available, documentation for the software is also available online. You are encouraged to review any online documentation and try the software before making your purchase to ensure the software meets your needs or requirements.
Software purchased directly from Lumenbyte (via our online store) is eligible for a refund by contacting support within 30 days of your purchase. Refunds requested more than 30 days after your initial purchase date will not be issued unless the transaction was subject to a fraudulent purchase.
In case you are issued a refund, it should appear on your credit card statement within 7 to 10 business days. Upon receiving a refund you shall cease all use and destroy all copies, full or partial, of the Software for which you no longer possess a valid, purchased license. Lumenbyte reserves the right to disable any product keys and/or serial numbers issued to you for the refunded products.
Lumenbyte may decline any refund requests in the following cases:
- Software was purchased for the wrong platform.
- Inability to operate or use the software in your current environment.
- Inability to operate the software due to operator error.
- We will not refund or credit the difference between the price you were charged and the limited-time price reduction, such as those that occur during special sales events.
- We will not apply discounts (e.g. coupons) in retrospect, i.e. to orders that have already been placed and finalized.