END-USER LICENSE AGREEMENT FOR TENEBRIS LAB (PTY) LTD
This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and the mentioned author (Tenebris Lab (Pty) Ltd) for the Tenebris Lab software that accompanies this EULA, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“Software”). By installing, copying, or otherwise using the Software, you agree to be bounded by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software.
Tenebris Lab is the Author of the Software. LUX SUITE is a package comprising of LUX WALKER and LUX NAVIGATE. Latest versions of our software can and should always be downloaded from https://www.tenebrislab.com/my-account/ LUX “.VIEW, .NVGT and .WALK” Projects are file-types used by LUX WALKER and LUX NAVIGATE.
GRANT OF LICENSE:
This License allows you to: Install and use LUX WALKER on multiple computers and make copies of LUX WALKER in Machine-readable form for backup purposes, provided the number of concurrent users does not exceed the number of LUX WALKER licenses purchased. You must reproduce on any such copies all copyright notices and any other proprietary legends on the original copy of LUX WALKER. A copy of LUX WALKER must be purchased for each user. Provide a copy of LUX WALKER to people outside your company in order to use the collaboration tools and viewing functions provided that the number of concurrent users does not exceed the number of LUX WALKER licenses owned. Make copies of a LUX “.VIEW, .NVGT and . WALK” Projects, and distribute those copies for use by yourself, personnel employed by you, clients, or another party.
Other than as set forth under “Grant of License”, you may not make or distribute copies of LUX WALKER, or electronically transfer LUX WALKER from one computer to another or over a network. You may not rent, lease or sublicense LUX WALKER. You may not modify LUX WALKER or create derivative works based upon LUX WALKER.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:
Limitations on Reverse Engineering, Decompilation, Disassembly and change (add, delete or modify) the resources in the compiled the assembly. You may not reverse engineer, decompile, or disassemble the LUX WALKER, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You are responsible for obtaining and supplying the hardware necessary to run LUX WALKER, and Licensor has no obligation to provide any hardware or support service for hardware. LUX WALKER runs on a Windows operating system and needs internet access over HTTP to the license server of Tenebris Lab to run the professional version. You shall be responsible for selecting the right resources required and for ensuring that these are available in full and in a timely manner. Tenebris Lab shall under no circumstances be liable for losses or costs arising as a result of transmission errors, breakdowns or the non-availability of these facilities. To see the hardware requirements please visit https://tenebrislab.com/documentation/hardware/specs/
UPDATE AND MAINTENANCE:
Tenebris Lab regularly releases updates and adds new features to LUX WALKER. Any major new feature may be liable to additional cost in the form of an upgrade or additional monthly fee.
By installing this copy of LUX WALKER you accept that LUX WALKER sends basic information like computer name and hardware specifications to Tenebris Lab servers with the purpose to verify use of your license. By installing this copy of LUX WALKER you accept that LUX WALKER sends test results and hardware specifications to Tenebris Lab servers with the purpose to further improve future developments of our Software. This information will be used to create estimates of performance of different hardware and to improve hardware compatibility. LUX WALKER uses a floating license system and licenses are activated/de-activated on the Tenebris Lab license servers. In order to maintain the activation status of LUX WALKER licenses (active or inactive), Tenebris Lab stores activation/de-activation data in a database. Tenebris Lab also reserves the right to use this data for analytical purposes, such as usage statistics.
COPYRIGHT AND OWNERSHIP:
All title and copyrights in and to LUX WALKER (including but not limited to any images, libraries, and examples incorporated into LUX WALKER ), and any copies of the LUX WALKER are owned by Tenebris Lab. The LUX WALKER is protected by copyright laws and international treaty provisions. Therefore, you must treat the LUX WALKER like any other copyrighted material. The licensed users or licensed company can use all functions, libraries and symbols in the LUX WALKER to create new content and digital worlds.
BILLING: RECURRING BILLING:
By starting a paid subscription package of LUX WALKER, LUX NAVIGATE or the LUX SUITE and providing a Payment Method, you authorize Tenebris Lab to charge you a subscription fee at the then current rate, and any other charges that may arise in connection with your use of Tenebris Lab Software to your Payment Method. You acknowledge that the amount billed each period may vary for reasons that may include promotional offers, and/or changing a plan, and you authorize Tenebris Lab to charge your Payment Method for such varying amounts, which may be billed in one or more charges. Tenebris Lab may change the pricing of its Software or components thereof in any way and at any time as Tenebris Lab may determine in our sole and absolute discretion. Tenebris Lab will provide notice via email or within Tenebris Lab software before any such price changes. If you do not wish to continue your subscription you may cancel in accordance to Termination provisions below.
The subscription fee for the Tenebris Lab Software will be billed at the beginning of your paid subscription period and each month thereafter, unless and until you cancel your subscription or are still within the trial period. Tenebris Lab automatically bills your Payment Method each period on the calendar day corresponding to the to the commencement of your paid subscription. Tenebris Lab reserves the right to change the timing of our billing as indicated below if your Payment Method has not successfully settled. In the event your paid subscription began on a day not contained in a given month or year, Tenebris Lab will bill your Payment Method on an alternative day in the applicable month or year as Tenebris Labs deems appropriate. For example, if you started a paid monthly subscription on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Tenebris Lab may authorize your Payment Method in anticipation of subscription or other changes. As used in this Agreement, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method.
Payments are NONREFUNDABLE and there are NO refunds for partally used billing cycles.
You shall be responsible for paying all applicable sales, use, transfer, or other taxes and all duties, whether national, state, or local, however designated, that are levied or imposed by reason of your paid use of the Software under this Agreement, excluding income taxes on the net profits of Tenebris Lab. You shall reimburse Tenebris Lab for the amount of any such taxes or duties paid or incurred directly by Tenebris Lab as a result of such paid use, and you agree that Tenebris Lab may charge any such reimbursable taxes to your Payment Method. Payment Methods: You may edit your Payment Method information by signing in to your account at https://tenebrislab.com/my-account/. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or downgrade or cancel your subscription, you remain responsible for any uncollected amounts and authorize Tenebris Lab to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Termination by Tenebris Lab: Without prejudice to any other rights, the Tenebris Lab 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 Tenebris Lab Software and all of its component parts. We, the Licensor reserves the right to terminate the service of subscription and will provide a 2 month notice to the Licensee regarding such termination. Termination by You: If at any time you want to cancel your subscription you may do so by visiting https://tenebrislab.com/my-account/. If you cancel your subscriptions, you have no further payment obligations to Tenebris Lab, but your usage rights and access to Tenebris Lab Software will be revoked. Your account will still be active on Tenebris Lab website and will not be removed unless you email email@example.com and request full deletion of your account..
Tenebris Lab expressly disclaims any warranty for Tenerbris Lab Software. The LUX WALKER and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of Tenerbris Lab Software remains with you. NO LIABILITY FOR DAMAGES: In no event shall the Tenebris Lab be liable for any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, physical or emotional harm caused as a result of the software, or any other pecuniary loss) arising out of the use of or inability to use this product, even if Tenebris Lab is aware of the possibility of such damages and known defects.