IMPORTANT, PLEASE READ CAREFULLY:
YOU, AS
LICENSEE (“LICENSEE,” “AUTHORIZED USER,” OR “END-USER”) SHOULD READ THE
FOLLOWING TERMS AND CONDITIONS BEFORE PRESSING “ACCEPT” IN THE INSTALLER OF LED
WIZARD 8. THIS END-USER LICENSE AGREEMENT (EULA), A LEGAL AGREEMENT BETWEEN
YOU AS THE END-USER AND PRINCIPAL
LIGHTING GROUP, LLC (“LICENSOR” OR “PLG”), FOR LICENSOR?S LED WIZARD 8 AND MAY
INCLUDE ASSOCIATED MEDIA, PRINTED MEDIA, AND “ON-LINE” OR ELECTRONIC
DOCUMENTATION (COLLECTIVELY, “SOFTWARE PRODUCTS”). END-USER MAY HAVE ANOTHER
WRITTEN AGREEMENT THAT SUPPLEMENTS OR SUPERSEDES PORTIONS OF THIS AGREEMENT.
THE SOFTWARE IS LICENSED, NOT SOLD, ONLY ACCORDING TO THE TERMS OF THIS
AGREEMENT. LICENSEE AGREES THAT THIS EULA IS LIKE ANY
WRITTEN NEGOTIATED AGREEMENT SIGNED BY END-USER AND IS ENFORCEABLE AGAINST
END-USER. BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE
PRODUCTS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA AND
THE APPLICABLE POLICIES ON LED WIZARD 8 STORE WEBSITE (“SITE”), (COLLECTIVELY
REFERRED TO AS THE “AGREEMENT”).
PLG AND
END-USER EACH CONSTITUTE A “PARTY,” AND ARE COLLECTIVELY, THE “PARTIES.” THIS AGREEMENT BECOMES BINDING UPON
ACCEPTANCE BY THE END-USER BY CLICKING “ACCEPT” AND THE SUBSEQUENT SUBMISSION
OF THE END-USER?S CREDENTIALS FOR ACCESS TO THE SOFTWARE PRODUCTS, AND PLG?S
ACCEPTANCE OF END-USER?S CREDENTIALS THEREOF (“EFFECTIVE DATE”).
AS AN AUTHORIZED USER, YOU
ACKNOWLEDGE BY CLICKING “ACCEPT” THAT (i) YOU ARE 18 YEARS OF AGE OR OLDER, AND
(ii) YOU WILL ONLY USE THE SOFTWARE PRODUCTS IN ACCORDANCE WITH THEIR INTENDED
USE TO DEVELOP QUOTES AND LAYOUTS UTILIZING ONLY THOSE LED LIGHTING PRODUCTS OF
LICENSEE AND ITS AFFILIATES LISTED ON LED WIZARD 8. YOU AGREE NOT TO USE THE SOFTWARE PRODUCTS TO
DEVELOP LAYOUTS OR QUOTES THAT COMPETE WITH, OR ARE TO THE DETRIMENT OF,
LICENSOR OR ITS AFFILIATES. IF YOU ARE
NOT AN AUTHORIZED USER, OR IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU
MAY NOT INSTALL, COPY, DOWNLOAD OR USE THE SOFTWARE PRODUCTS. IF YOU DO NOT
AGREE, OR YOU ARE NOT AN AUTHORIZED USER, CLICK “DECLINE.” OTHERWISE, YOU AGREE
THAT YOUR USE OF THE SOFTWARE PRODUCTS ACKNOWLEDGES THAT YOU HAVE READ THIS
AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. DEFINITIONS
1.1 “Acceptable
Use policy” can be found at https://www.p-led.com is
defined in Appendix A.
1.2 “Additional
Terms” are any updates, revisions, supplements, modifications, and additional
rules, policies, terms, and conditions to this Agreement.
1.3 “Affiliate” means, with respect to a party, that is
presently in a contractual relationship with Principal Lighting Group and is
permitted to list their brand of LED products alongside those of PLG.
1.4 “Authorized
Purpose” means for purpose of developing layouts for bids and estimates
utilizing, and for the purchase of, PLG or its affiliates? lighting products
for which this license is granted.
1.5 “Documentation”
means the user guides, quick reference guides, installation and operation
instructions, and other technical and operation manuals and specifications for
the Software Products, as such documentation may be updated by PLG from time to
time.
1.6 “Effective
Date” means the date entered into this Agreement by End User clicking “Accept.”
1.7 “Intellectual
Property” means patents, trade secrets, trademarks, trade names, service marks,
mask works, works of authorship, copyrights, and applications for any of the
foregoing, know-how, confidential information, and any other intellectual
property rights therein, throughout the world.
1.8 “LED
Wizard 8” is a desktop application owned by PLG that allows users to create LED
layouts with PLG?s and its Affiliates LED products.
1.9 “License
Term” means the term of this license.
1.10 “Production Edition” means the version of LED
Wizard 8 containing a production module.
1.11 “Site” means the LED Wizard 8 Store website.
1.12 “Software Products” mean LED Wizard 8 and any
associated media, printed media, and any “on-line” or electronic Documentation.
1.13 “Support
Plans” means any of the applicable technical support subscriptions that are
described and available on the Site.
1.14 “Licensee, End User, or Authorized User”
means customers of Licensor authorized to use the Software Products.
2.
OWNERSHIP
It is hereby understood and
agreed that PRINCIPAL LIGHTING GROUP,
a Limited Liability Company with principal offices at 3490 Venture Drive, San Angelo, Texas 76905 is the owner of all
right title and interest to the Software Products, regardless of the media or
form of the original download, whether by the World Wide Web, disk or
otherwise. You, as Licensee, through your downloading, installing, copying or
use of this product do not acquire any ownership rights to the Software Product.
3. GENERAL
The Software Products are
licensed, not sold, to you by Licensor for use only under the terms of this Agreement.
The Software Products are protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and treaties.
The terms of this Agreement will govern any software upgrades provided by
Licensor that replace and/or supplement the original Software Products, unless
such upgrade is accompanied by a separate license in which case the terms of
that license agreement will govern. All rights not expressly granted herein are
reserved by the Licensor. PLG reserves
the right, at any time and from time to time, to update, revise, supplement,
and otherwise modify this Agreement and to impose new or additional rules,
policies, terms or conditions on your use of the Software Products at its
discretion. Any updates, revisions, supplements,
modifications, and additional rules, policies, terms, and conditions
(“Additional Terms”) will become effective immediately and incorporated into
this Agreement. The continued use of the
Software Products will be deemed to constitute your acceptance of any and all
such Additional Terms. All Additional
Terms are hereby incorporated into this Agreement by this reference.
4. GRANT OF LICENSE
4.1
License Grant. Subject to the End-User?s
continuous compliance with this Agreement, Licensor grants End-User a nonexclusive, nontransferable limited
End-User license, without the right to sublicense and solely for its own
business operations, to install the Software Products on the local hard disk(s)
or other permanent storage media of each computer for each user with a single
license, and have each user with a single license, during the term of such
license (License Term), use the software in accordance within the scope of the
license and in a manner consistent with the terms and conditions of this
Agreement. Upon termination or
expiration of the License Term, the Software Products may cease to operate
without prior notice. You may not assign, modify, transfer, redistribute, or
sublicense the Software Products.
5. LICENSEE OBLIGATIONS
5.1 End-User may use
his or her verified credentials provided in the online information form to
access and make changes to End-User?s account.
End-User is responsible for all activities that occur under End-User?s
account, regardless if the activities are undertaken by the End-User, and PLG
and its Affiliates are not responsible for unauthorized access to End User?s
account. End-User will contact PLG
immediately if End User believes, or has reason to believe, an unauthorized
person may be using End User?s account or if End-User?s account information is
lost or stolen.
5.2 The LED WIZARD 8
deliverable made available to Licensee by Licensor will only be capable of
allowing End-Users to create layouts and quotes with Licensor?s and its
Affiliates products. End-User agrees
that it will not use the Software Products other than as permitted by this
agreement and that it will not use the Software Products in a manner
inconsistent with its design or Documentation.
6. RESTRICTIONS
6.1 Licensee agrees to
the following additional terms and restrictions related to the license:
6.1.1 Software is
intended solely for Principal Lighting Group approved licensees. We provide the Software Products free of
charge solely for the development of layouts utilizing,
and for the purchase of, PLG or its Affiliates? lighting products
(“Authorized Purpose”). You, as an
Authorized User, agree you will not use the Software Products to develop
layouts, quotes, or estimates that compete with, or are to the detriment of,
PLG or its Affiliates. Licensor may terminate or suspend the license granted
herein to the Software Products if Licensor determines Licensee is using the
Software Products to the detriment of, or in competition with, Licensor. Furthermore, Licensee shall not utilize or
modify, or make any attempts to utilize or modify, the LED Wizard 8 deliverable
in any way to allow End-User to build layouts with products and/or modules
other than those of Licensor and its Affiliates.
6.1.2 Licensor may
change the Software Products (such as specific components, versions, platforms,
etc.) included in the license at its sole discretion at any time and shall not
be liable to Licensee whatsoever for such change.
6.2 End-User shall
comply with all the terms and conditions located in the Acceptable Use Policy attached
as Appendix Aญญญญญญญญญญญญ.
7. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
7.1
Technical support and maintenance related to the Software Products will be
offered through Support Plans located on the Site. Licensor reserves the right to alter,
suspend, and terminate the Support Plans at any time and for a material breach
of this Agreement.
7.2
Any supplemental software, code, content, or media provided to you through the
Support Plans or Production Edition shall be considered part of the Software
Products and subject to the terms and conditions of this Agreement.
8. TERM AND TERMINATION
8.1 The term of this Agreement will
commence on the date of acceptance of this Agreement by Licensee and Licensor. The
License is effective until terminated herein.
8.2 The term of any subscription shall
be for the paid subscription term as defined in the by the applicable Support Plan
located at the Site, unless earlier terminated in accordance with this
Agreement. The Support Plans and the Production Edition subscriptions will
automatically renew for a new term unless End-User customer notifies Licensor prior
to the end of the subscription term of his or her intent not to renew.
8.3 Either Party may terminate this Agreement, to include the
license and any applicable subscription, without cause or for convenience. No refunds will be provided for any unaccrued
subscription period in the event Licensee elects to terminate the Agreement
before the applicable subscription term ends.
8.3.1 Your rights under this Agreement will
terminate automatically if you fail to comply with, or withdraw from compliance
with, any term(s) or condition(s) found herein, including any violation of the
Acceptable Use Policy. In such event, no notice shall be required by Licensor
to affect such termination.
8.3.2 Additionally, Licensor may discontinue service to
the Software Products, in whole or in part, and terminate your account with or
without notice at any time.
8.3.4 Upon
termination of this License, you shall cease all use of the Software Product
and destroy or return all printed or written materials and merged portions in
any form and uninstall all component parts of the Software Products.
9. COLLECTION OF LICENSEE DATA
9.1 Because PLG has contractual obligations and
legitimate interests, that include but are not limited to, the provision of
quality assurance and administration of the Software Products, the authentication
of user identification for security purposes, the development of new products
and services, and the facilitation of market research, certain Licensee data is
collected and transmitted to Licensor pursuant to the Principal Lighting Group
Privacy Policy available at https://store.ledwizard8.com/privacy-policy
9.2 By clicking “ Accept” and downloading the
Software Products, you acknowledge that you have read and accepted the terms and conditions in the Privacy
Policy and you acknowledge the contractual obligations and legitimate interests
of PLG regarding the collection and use of applicable data detailed therein.
Consent to these terms and conditions can be withdrawn by contacting us at https://www.p-led.com/contact-us/; however, PLG reserves the absolute right to terminate
any account upon this action by the End-User.
10. CHANGES
PLG may change,
discontinue, or deprecate any of the Software Products (including individual
services or the Software Products as a whole) or change or remove features or
functionality of the Software Products or revise the applicable Documentation. Without limiting the generality of the
foregoing, PLG may change or terminate all or a portion of the Software
Products if required to comply with law requests or government entities; if
providing Software Products could create a substantial economic or technical
burden or material legal or security risk; or if PLG determines that use of the
Software Products by End User or the provision of the Software Products is
prohibited or impractical due to a legal or regulatory reason. PLG may change, discontinue or add to the
Software Products from time to time by posting a notice to the Site where such
services are described. If such changes
have a materially adverse effect on End User?s use of the Software Products,
End User may notify PLG in writing, and PLG may propose resolutions or workarounds. If PLG is unable to provide End User with a
resolution or a work-around reasonably satisfactory to End User, then End User
may terminate its license upon written notice to PLG and receive a prorated refund
of the prepaid monthly subscription fees, if any, for the terminated and
unexpired portion of the applicable subscription.
11. SECURITY
11.1 If you do not
agree to the terms, conditions, and policies set forth in this Agreement, or if
you are not an Authorized User, you are prohibited from downloading and using LED
Wizard 8. If it is discovered that you
are not an Authorized User, your account shall be immediately terminated
without notice and any available equitable and legal remedies may be pursued.
11.2 Licensee is
responsible for all activity occurring under its user accounts, and for abiding
by all applicable local, national, and international laws. Licensee shall promptly notify Licensor of
any unauthorized access to or use of the Software Products.
11.3 Licensee shall
maintain commercially reasonable administrative, physical, and technical
safeguards to prevent unauthorized access to or use of the Software Products. For further information regarding privacy and
security, please refer to the Privacy Policy located at https://store.ledwizard8.com/privacy-policy.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 Licensor shall retain all right, title, and interest in the
Software Products and to any modifications or improvements made thereto, and any
upgrades, updates or Documentation provided to End-User. End-User will not
obtain any rights in LED Wizard 8, its updates, Upgrades, and Documentation, as
a result of its responsibilities hereunder.
The structure, organization, and source code of the Software Products
are the valuable trade secrets and confidential information of Licensor.
12.2 End-User
acknowledges Licensor?s exclusive rights in the Software Products and that the
Software Products are unique and original to Licensor and that Licensor is
owner thereof. Unless otherwise permitted by law, End-User shall not, at any
time during or after the effective Term enumerated in this Agreement, dispute
or contest, directly or indirectly, Licensor?s exclusive right and title to the
Software Products or the validity thereof.
12.3 End-User shall not
attempt to develop any software that contains the “look and feel” of any of the
Software Products.
12.4 End-User shall not
in any circumstance extract information, reverse engineer or emulate the
functionality, decompile, disassemble, or translate the Software Products, or
otherwise make any efforts to access the source code or object code of the
Software Products.
12.5 End-User shall not
in any circumstance modify, adapt, or create derivative works based on the
Software Product or any accompanying materials.
12.6
End-User shall not remove any proprietary, copyright, or trade secret from the
Software Products or related Documentation.
13. U.S. GOVERNMENT END-USERS
The Software Products and
related Documentation are “Commercial Items,” as that term is defined at 48
C.F.R. ง 2.101, consisting of “Commercial Computer Software” and “Commercial
Computer Software Documentation,” as such terms are used in 48
C.F.R. ง 12.212 or 48 C.F.R. งง 227.7202-1 to 227.7202-4, as
applicable. The Commercial Computer Software and Commercial Computer Software
Documentation are being licensed to U.S. Government end users (a) only as
Commercial Items and (b) with only those rights as are granted to all other end
users pursuant to the terms and conditions herein. Unpublished rights reserved
under the copyright laws of the United States.
14. EXPORT LAW ASSURANCES
Licensee may not use or
otherwise export or reexport the Software Products except as authorized by
United States law and the laws of the jurisdiction in which the Software
Products were obtained. In particular, but without limitation, the Software
Products may not be exported or reexported (a) into (or to a nation or resident
of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury
Department?s list of Specially Designated Nationals or the U.S. Department of
Commerce Denied Person?s List or Entity List. By installing or using any
component of the Software Products, you represent and warrant that you are not
located in, under control of, or a national or resident of any such country or
on any such list.
15. DISCLAIMER OF WARRANTIES
YOU
EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE PRODUCTS IS AT YOUR
SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE SOFTWARE PRODUCTS ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT
WARRANTY OF ANY KIND, AND LICENSOR AND LICENSOR?S AFFILIATES HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCTS, EITHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF
FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE
WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCTS, THAT THE FUNCTIONS CONTAINED IN
THE SOFTWARE PRODUCTS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE
SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
SOFTWARE PRODUCTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY LICENSOR OR A LICENSOR AUTHORIZED REPRESENTATIVE SHALL CREATE A
WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE
EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
16. LIMITATION OF LIABILITY
TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR, ITS
AFFILIATES OR LICENSEES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR ANY OTHER PECUNIARY LOSS) INCURRED BY THE OTHER PARTY OR ANY THIRD PARTY
UNDER THIS AGREEMENT, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL LICENSOR, ITS
AFFILIATES OR LICENSEES BE LIABLE FOR THE USE OF OR INABILITY TO USE THE FREE
SOFTWARE PRODUCTS. IN ANY CASE PERTAINING TO THE UPGRADED SUBSCRIPTIONS,
LICENSOR?S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED
TO THE AMOUNT ACTUALLY PAID BY LICENSEE IN A SINGLE SUBSCRIPTION TERM WITHOUT
REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE; PROVIDED HOWEVER, THAT YOU HAVE ENTERED INTO A
SUPPORT PLAN SUBSCRIPTION OR PRODUCTION EDITION SUBSCRIPTION. BECAUSE SOME
STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
17. LICENSEE INDEMNITY
Licensee shall defend,
indemnify and hold Licensor harmless against any claim brought by a third
party, and shall pay all costs, damages and expenses, (including reasonable
legal fees) finally awarded against Licensor by a court of competent
jurisdiction or agreed to in a written settlement agreement signed by Licensee,
to the extent such claim arises out of any of the following: (a) Licensee?s use
of the Software Products other than as authorized under this agreement; (b)
Licensee?s violation of any applicable law, including but not limited to data
protection and privacy laws; or (c) any alleged grossly negligent or willful
acts or omissions of Licensee which gave rise to such claim.
18. CONTROLLING LAW
Except to the extent expressly
provided in the following paragraph, this Agreement will be governed by and
construed exclusively in accordance with the laws of the State of Texas,
excluding its conflict of law provisions. This Agreement shall not be governed
by the United Nations Convention on Contracts for the International Sale of
Goods, the application of which is expressly excluded. Any legal action or proceeding arising under
this Agreement will be brought exclusively in the state or the federal courts located
in the Northern District of Texas and the parties hereby irrevocably consent to
the personal jurisdiction and venue therein.
19. SEVERABILITY
If for any reason a court of
competent jurisdiction finds any provision, or portion thereof, to be
unenforceable, the remainder of this Agreement shall continue in full force and
effect.
20. ASSIGNMENT
Licensee shall not sell,
lease, assign, or otherwise transfer this Agreement or any rights or
obligations under this Agreement in whole or in part, and any such attempted
assignment shall be void and of no effect without the advanced written consent
of the Licensor.
21. WAIVER
The waiver by either party of
any default or breach of this Agreement shall not constitute a waiver if any
other or subsequent default or breach.
22. ENTIRE AGREEMENT
This EULA, the Privacy Policy,
and relevant sections on the Site, of which is incorporated by reference,
constitutes the complete agreement between the parties.
This Agreement applies to all
versions of the Software Products already installed or used by Licensee,
including prior versions of Software Products, and Licensee agrees that this
agreement amends and supersedes prior agreements applicable to such prior
versions of the Software Products.
If
you have any questions regarding this agreement or if you wish to request any
additional information from Principal Lighting Group, please go to the contact
information at https://www.p-led.com/contact-us/.
23. FORCE MAJEURE
APPENDIX A
ACCEPTABLE USE
POLICY
This
Acceptable Use Policy (“AUP”) defines acceptable and prohibited uses of the
Software Products and related services provided by us according to the terms of
the End-User License Agreement entered into between you and PLG that references
this AUP (the “Agreement”). The Software Products and services must be used in a manner
that are consistent with the intended purpose of the Software Products and
services and the terms of the Agreement with PLG. Terms not defined in this
AUP shall have the meanings ascribed to them in the Agreement. The specific usage guidelines that follow are
not intended to be comprehensive, but rather to establish and clarify the
intent of the Agreement. Situations not
enumerated herein will inevitably arise, and they should be interpreted
according to the spirit of the EULA and this AUP.
Permitted Uses and Activities
End-User
may only use the Software Products:
1. To develop layouts for the
estimation and/or production of channel letters and sign cabinets utilizing
only those products of PLG and its Affiliates that are accessible on LED Wizard
8.
2. Create production layouts
conditioned upon a subscription to the Production Edition.
Prohibited Uses and Activities
End-User shall not:
1. Use the Software Products to
develop layouts or quotes that compete with, or is to the detriment of,
Licensor or its Affiliates;
2. Attempt to disguise their identity,
the identity of their account or the machine they are using. End-Users shall not attempt to impersonate
another person or organization;
3. Create an account or use the
Software Products under any fraudulent identification. Authorized usage of the Software Products is
designed for end-user sign companies; usage of Software Products by LED
lighting manufacturers is strictly prohibited;
4. Use, encourage, promote,
facilitate, or instruct others to use the Software Products for any illegal,
harmful, or offensive use, or to transmit, store, display, distribute, or
otherwise make available content that is illegal, harmful, or offensive;
5. Use for fraudulent, malicious, or
misrepresentative purposes, including but not limited to: posting, uploading,
publishing, reproducing, creating, storing, forwarding, transmitting, or
disseminating information, data or material which infringes the patent,
copyright, trademark, or other intellectual property right of any person or
entity;
6. Create defamatory, obscene,
invasive, abusive, or objectionable content;
7. Use the Software Products in a
manner that may violate any laws or ordinances, including, but not limited to,
laws related to copyright, discrimination, harassment, threats of violence,
and/or export control;
8. Restrict, inhibit, disrupt, or otherwise interfere with the ability of any
Authorized User, regardless of intent, purpose or knowledge, to use or enjoy
the Software Products, including, without limitation, posting, or transmitting
any information or software which contains a worm, virus, or other harmful
feature, or generating levels of traffic sufficient to impede others? ability
to use, send, or retrieve information.
For purposes of this section, “disruption” includes, but is not limited
to, network/program sniffing, pinged floods, packet spoofing, denial of
service, and forged routing information for malicious purposes;
9. Breach the security of other
End-Users or attempt to circumvent End-User-authentication or security of any
host, network, or account. Security
breaches include, but are not limited to, accessing another End-User?s account
or logging into or making use of a server or account you are not expressly
authorized by Licensor to access, or probing the security of other hosts,
networks, or accounts;
10. Hack, and/or sabotage, or assist
others in sabotaging the security or integrity of the Software Products;
11. Introduce malicious programs into
the Software Products, network or server, such as viruses, worms, Trojan
horses, etc. Destroy, misuse, or
damage any property, by means or methods
including, but not limited to, creating, sending, or utilizing worms, viruses,
or Trojan horses, harmful code, cancel bots, port scanning, flood pings, flood
or mail bombs, or other web-based or computer software designed to
misappropriate, interfere with, or damage our products and/or services or
engaging in denial of service attacks;
12. Decompile, reverse engineer,
disassemble, modify, rent, lease, loan, distribute, or create derivative works
(as defined by the U.S. Copyright Act) or Improvements (as defined by U.S.
patent law) from the Software Products or any portion thereof;
13. Use or export Software Products in
violation of applicable U.S. laws and regulations;
14. Sell, lease, loan, distribute,
transfer, or sublicense the Software Products or access thereto or derive
income from the use or provision of the Software Products, whether for direct
commercial or monetary gain or otherwise.
Suspension and Termination
PLG
reserves the right to monitor and audit Authorized Users? access to the
Software Products as part of the normal course of its business practice. PLG has contractual and legitimate interests
in the security and administration of the Software Products. Should it be discovered that an End-User?s
identity is fraudulent, or End-User is engaged in inappropriate or prohibited
activities, PLG reserves the right, at its sole discretion, to temporarily
suspend and/or disable access to the Software Products.
PLG
reserves the right to terminate End-User?s account for any violation of the
End-User License Agreement (EULA), to include this Acceptable Use Policy. End-Users who breach or violate the EULA
and/or this AUP will be subject to immediate termination of service and their
account. End-User agrees to hold PLG
harmless from any claims arising out of a suspension or termination of services
and any damage resulting thereof.
Notification of Violations and
Changes
Upon any
breach or violation of the EULA or this Acceptable Use Policy, End-User shall
immediately contact PLG.
PLG shall
investigate any report or complaints of possible prohibited use. During the course of an investigation, PLG
will release only that proprietary, sensitive, confidential, or personally
identifiable information to third parties that is required by law or, at the
discretion of PLG, would prevent serious harm or damage from occurring.
PLG
reserves the right to modify this Acceptable Use Policy at any time. Any changes will be effective automatically
and immediately. It is the duty of End-Users
to check the PLG website and their registered email addresses for any changes
to this Policy. This policy can be
regularly viewed at https://store.ledwizard8.com/privacy-policy.