LightBurn End User License Agreement¶
Version September 2024
This End User License Agreement (“EULA”) is between you or the LightBurn approved entity on whose behalf you accept this EULA (“you” or “your”) and LightBurn Software LLC (“LightBurn,” “our” or “we”) and applies to your access and use of the version of the LightBurn software made available to you (“LightBurn Software”), the unique serial number license key(s) we or our authorized reseller(s) provide to you in connection with such version (each a “LightBurn Key”) and our documentation or user manuals covering the use of the LightBurn Software and LightBurn Key(s), (the “Documentation”). We provide an end user license agreement with each version of our LightBurn Software that we make available. Such end user license agreement covers that version only. If you download or otherwise access multiple versions of our LightBurn Software, you may be presented with multiple end user license agreements. You must agree to each end user license agreement to use that version of the LightBurn Software and associated LightBurn Key and Documentation. This EULA covers the version of the LightBurn Software which is downloadable or otherwise made available with this EULA (including if delivered via an email or other link to you) and associated LightBurn Key and Documentation (for this EULA, the “LightBurn Software Materials”).
LIGHTBURN IS WILLING TO LICENSE THE LIGHTBURN SOFTWARE MATERIALS TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS EULA. YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE LIGHTBURN SOFTWARE MATERIALS OR OTHERWISE ACCEPTING THIS EULA. IF YOU ACCEPT THIS EULA ON BEHALF OF ANOTHER PERSON, COMPANY, OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT (A) YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY OR LEGAL ENTITY TO THIS EULA, (B) YOU HAVE PROVIDED TO LIGHTBURN THE NAME OF SUCH PERSON, COMPANY, OR LEGAL ENTITY THAT WILL BE USING THE LIGHTBURN SOFTWARE MATERIALS, AND (C) UPON RECEIPT OF SUCH NAME, LIGHTBURN HAS NOT DENIED YOU ACCESS TO THE LIGHTBURN SOFTWARE MATERIALS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE LIGHTBURN SOFTWARE MATERIALS AND TO ENTER INTO THIS EULA. IF YOU DO NOT AGREE TO THIS EULA, YOU SHOULD CEASE ACCESSING OR USING THE LIGHTBURN SOFTWARE MATERIALS, AND, WHERE APPLICABLE, CLICK THE “I DO NOT AGREE” BUTTON BELOW.
This EULA incorporates by reference: (a) our Privacy Policy which can be found at https://lbrn.info/privacy (the “Privacy Policy”), which provides details about our privacy practices and information about our processing of personal information. You acknowledge you have reviewed the Privacy Policy and consent to the processing of your personal information as described in it. If there is a conflict between the main body of this EULA and the Privacy Policy with respect to use and disclosure of your personal information, the terms of the Privacy Policy control; and (b) all terms in other uniform resource locators (URLs) herein, as such terms are modified by us from time to time.
We may change this EULA, the Privacy Policy or other terms in URLs at any time. By continuing to access or use the LightBurn Software Materials you agree to be bound by the most recent version of such terms. If we materially change any such terms, we will let you know by placing a notice within the tool or through other reasonable methods.
The disclaimers, exclusions, and limitations of liability under this EULA will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of this EULA may not apply to you.
1. License¶
The LightBurn Software Materials are licensed not sold to you.
1.1. Permitted Use¶
We offer design-only licenses and commercial licenses. Each type of license has different use rights. You are permitted to use the LightBurn Software Materials under the applicable license you purchase only as follows (each a “Permitted Use”): (a) with any of the compatible computer and laser and laser-cutting devices listed in the following link, which may be broken out by tier: https://lbrn.info/lasers (each a “Device”); (b) if you purchase a LightBurn Key for a design-only license or a commercial license, you may create laser and laser-cutting designs which designs may only be implemented on Device(s) under a commercial license; © if you purchase a LightBurn Key for a commercial license, you may implement laser and laser-cutting designs through use of the LightBurn Software with laser and laser-cutting Device(s); and (d) in compliance with the Documentation, this EULA, and all applicable laws and standards of care. A design-only license does not permit you to implement laser and laser-cutting designs through use of the LightBurn Software with laser and laser-cutting Device(s).
1.2. Permitted Users¶
You are permitted to allow access to and use of the LightBurn Software Materials under the applicable license you purchase only as follows (each a “Permitted User”): (a) if the LightBurn Software Materials are being used in a household setting, by you or any members of your immediate household (e.g. your spouse, partner); (b) if the LightBurn Software Materials are being used in an educational institution, by you or your students, or any other professionals in such educational institution; or © if the LightBurn Software Materials are being used in a maker’s space or other business, by any individuals using the maker’s space or employed, or under contract, at the business. Your access to and use of the LightBurn Software Materials in connection with the uses in subsections (b) and © are subject to you providing the name of the company or legal entity with which you are affiliated. You are responsible for all access to and use of the LightBurn Software Materials, including ensuring that all Permitted Users that access or use the LightBurn Software Materials understand and comply with this EULA.
1.3. Types of Licenses¶
You may purchase (including for no fee) a trial license to the LightBurn Software or purchase (for a fee) a LightBurn Key for a regular license to the LightBurn Software, with either license being design-only or commercial. Trial licenses are provided on an AS IS basis for thirty (30) days from when you download the LightBurn Software. A trial license does not require a LightBurn Key. To convert to a regular license from a trial license you must purchase a LightBurn Key, and, when you do so and implement such LightBurn Key, your license will automatically convert to the applicable license under Section 1.5. At the end of the trial period, if you have not purchased a LightBurn Key to convert to a regular license and implemented it, your license to the LightBurn Software Materials and this EULA will automatically terminate.
1.4. LightBurn Keys¶
Except for trial use, you cannot access or use the LightBurn Software without a LightBurn Key. Each LightBurn Key permits the type of license you purchase (design-only or commercial), and will be registered against the email address you provide when you make your purchase (if you purchase through reseller(s), we may not receive your email address till later). You are responsible for the LightBurn Keys you receive and any replacement LightBurn Keys will be handled on a case-by-case basis. The determination whether to replace or reissue LightBurn Keys is in our sole discretion. Please contact us at [email protected] to seek replacement or reissuance of LightBurn Keys or to add or change the email address associated with your purchases. Each LightBurn Key initially allows you to install the licensed LightBurn Software on three (3) separate Devices (each separate activation is an “Activation”). You may de-install from a Device and install on a different Device without using more than one Activation. You may purchase additional Activations under your LightBurn Key. Such purchased additional Activations are also subject to this EULA (and the licenses and restrictions on use herein). You may allow any Permitted User to install the licensed LightBurn Software on a compatible Device up to the aggregate number of purchased Activations. Except in connection with the transfer of the license in accordance with Section 1.6 below, the resale of Activations or LightBurn Keys is prohibited unless you have an authorized reseller agreement with us.
1.5. License¶
Subject to the terms of this EULA, we grant you, during the term of this EULA, a limited, non-exclusive, non-sublicensable (except use by the applicable Permitted Users is permitted), revocable limited license to (a) download, install and use the LightBurn Software and LightBurn Keys, and (b) use and make copies (so long as all copies have our proprietary notices on them) of the Documentation in connection with your authorized use of the LightBurn Software and LightBurn Keys, in each case for the Permitted Use by the Permitted Users.
1.6. Transferability¶
Your license is transferable only if you sell, assign or otherwise transfer the Device on which the LightBurn Software is loaded and subject to the following: (a) you must transfer all LightBurn Software Materials and all Activations to the same transferee with the Device being transferred, in other words you cannot split up Activations between transferees; and (b) you must provide this EULA to the transferee, and the transferee is deemed to have agreed to this EULA by accessing or using any of the LightBurn Software Materials. If you do not comply with the foregoing, we may consider the transfer void.
1.7. Safety Warning¶
We do not manufacture Devices and so we do not control their safety features. The LightBurn Software Materials are intended for use with laser and laser-cutting Device(s). Such Devices are inherently dangerous. Use of incompatible Device(s) or third party accessories may impact the LightBurn Software’s performance. Please read all safety instructions for any Device(s) before and when using the LightBurn Software Materials with them. When utilizing the LightBurn Software Materials, you must ensure that Device(s) are not directed to perform functions that may cause injury or property damage, such as, without limitation, by directing a laser to perform functions that could ignite flammable materials, by having untrained people use the laser or laser-cutting Device(s), or by leaving laser or laser-cutting Device(s) unattended or switched on when not in use. You acknowledge that the primary role of the LightBurn Software Materials in laser or laser-cutting Device(s) is to control the motion of the laser head of a compatible Device(s), and not to control the safety features, if any, integrated into the Device(s). Safety features like thermal shutdown, fire detection, and other critical features are typically hardware-level protections built into the Device(s) and are beyond the control of the LightBurn Software Materials. We disclaim all liability arising from any Device(s).
1.8. Your Obligations¶
You acknowledge and agree that you will comply with the manufacturer terms applicable to the Device(s) used in connection with the LightBurn Software Materials. You, and not LightBurn, are responsible for the safety and security of your use of any Device(s). You will indemnify and hold us harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to your use or misuse of the LightBurn Software Materials or Device(s).
1.9. Restrictions¶
We reserve all rights not granted to you. Except as expressly provided herein, you agree not to, and you will not permit others to: (a) license, sublicense, sell, resell, market, rent, lease, assign, transfer, distribute, transmit, host, outsource, display, perform, disclose or otherwise commercially exploit the LightBurn Software Materials or make the LightBurn Software Materials available to any third party; (b) copy or use the LightBurn Software Materials for any purpose; © remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the LightBurn Software Materials; (d) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the LightBurn Software Materials (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact LightBurn and provide LightBurn an opportunity to create such changes as are needed for interoperability purposes); (e) attempt to access or derive the source code of the LightBurn Software Materials; or (f) use the LightBurn Software Materials except for the applicable Permitted Use by the applicable Permitted User.
1.10. Third Party Components¶
Elements of the Software may contain or be derived from materials from third parties (“Third Party Software”). Such Third Party Software may be subject to additional terms, which terms are set forth here: https://lbrn.info/thirdparty. You and the Permitted Users are responsible for regularly reviewing such terms to determine the status of, and for complying with, all such applicable Third Party Software terms and conditions. Your use of the LightBurn Software is contingent on compliance with these additional terms of license (however such rights do not expand the Permitted Use and license grants herein). Subject to the observance of the respective Third Party Software terms (as may be amended from time to time), you and the Permitted Users are authorized to use Third Party Software within the Permitted Use of the LightBurn Software only.
2. Updates¶
We may from time to time provide patches, bug fixes, updates, upgrades and other modifications to improve the performance of the LightBurn Software. You will be entitled to receive such updates free of charge for twelve (12) months from the date you purchase a LightBurn Key for a version of the LightBurn Software you license from us or our authorized resellers (which updates are also licensed under and subject to the terms of this EULA). You must purchase a new LightBurn Key for updates issued after such 12-month period. We will track such dates for you. Such updates will be licensed under a separate end user license agreement covering such LightBurn Software Materials and this EULA does not apply to such updates.
3. Ownership¶
The LightBurn Software Materials and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of LightBurn and its licensors. There are no implied licenses in this EULA. All suggestions or feedback provided by you to LightBurn with respect to the LightBurn Software Materials (“Feedback”) will be our property. We, or our sublicensees or assignees may use, copy, modify, publish, redistribute or otherwise exploit the Feedback for any purpose and in any way without any compensation to you. LightBurn does not waive any rights to use similar or related ideas previously known to us, developed by our employees, or obtained from other sources.
4. Term and Termination¶
The trial license has the term set forth in Section 1.3 unless earlier terminated as set forth herein. The regular license under Section 1.5 commences when you download the LightBurn Software if there is no trial license or, if there is a trial license, when that trial license converts to the regular license under Section 1.5, and continues for as long as you use the LightBurn Software Materials or the first 12 months’ worth of updates to the LightBurn Software, unless this EULA is terminated as set forth in this EULA (as noted above, updates beyond the first 12 months require a separate end user license agreement for such LightBurn Software Materials). We may terminate this EULA and your license(s) at any time if you fail to comply with any term(s) of this EULA, with written notice to you. You may terminate this EULA and your license(s) at any time with written notice to us or by ceasing use of the LightBurn Software Materials and destroying all copies thereof (including when you license a new version of the LightBurn Software under separate end user license agreement from us). Upon termination of this EULA, your license(s) will terminate and you must stop all use of the LightBurn Software Materials and destroy all copies you and your Permitted Users have. The preamble and Sections 1.7, 1.8, 1.9, 1.10, 3, 4, 5, 6, 7, and 10 will remain in effect after any termination of this EULA.
5. Warranty Disclaimer¶
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE LIGHTBURN SOFTWARE MATERIALS ON AN “AS-IS” AND “WITH ALL FAULTS” BASIS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AS WELL AS WARRANTIES ARISING UNDER COURSE OF PERFORMANCE, COURSE OF DEALING OR TRADE USAGE. WE DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE LIGHTBURN SOFTWARE MATERIALS. WE MAKE NO WARRANTY THAT THE LIGHTBURN SOFTWARE MATERIALS WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. YOU USE THE LIGHTBURN SOFTWARE MATERIALS AND DEVICE(S) AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND WE DISCLAIM) ANY AND ALL LOSS, LIABILITY, OR DAMAGES RESULTING FROM YOUR USE OF THE LIGHTBURN SOFTWARE MATERIALS OR DEVICE(S). THE IMPROPER USE OF THE LIGHTBURN SOFTWARE MATERIALS IN ANY DEVICE(S) MAY BE DANGEROUS OR PRESENT RISKS OF ELECTRIC SHOCK, DEVICE DAMAGE, FIRE, PROPERTY DAMAGE, PERSONAL INJURY, DEATH AND OTHER HAZARDS. YOU ARE RESPONSIBLE FOR ANY ELECTRIC SHOCK, DEVICE DAMAGE, FIRE, PROPERTY DAMAGE, PERSONAL INJURY, DEATH AND OTHER HAZARDS CAUSED BY USE OR MISUSE OF THE LIGHTBURN SOFTWARE MATERIALS OR DEVICE(S), INCLUDING FAILURE TO SWITCH OFF THE DEVICE(S) WHEN NOT IN USE, AND LEAVING THE DEVICE(S) UNATTENDED. WE DO NOT CONTROL THE DEVICE(S) AND HAVE NO RESPONSIBILITY FOR THE DEVICE(S). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation of Liability¶
IN NO EVENT WILL LIGHTBURN OR ITS SHAREHOLDERS, AFFILIATES, CONTRACTORS, SUPPLIERS, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (“LIGHTBURN PARTIES”) BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, TREBLE OR OTHER SIMILAR DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, PROPERTY DAMAGE, DEATH OR PERSONAL INJURY, ARISING FROM OR RELATING TO THIS EULA OR THE LIGHTBURN SOFTWARE MATERIALS OR THEIR USE, EVEN IF LIGHTBURN KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. LIGHTBURN’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS EULA OR THE LIGHTBURN SOFTWARE MATERIALS OR THEIR USE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED (a) FOR TRIAL LICENSES, ZERO DOLLARS, OR (b) FOR REGULAR LICENSES, THE RETAIL PRICE OF THE APPLICABLE REGULAR LIGHTBURN SOFTWARE LICENSE LISTED ON OUR WEBSITE ON THE DATE OF YOUR PURCHASE OF THE REGULAR LIGHTBURN SOFTWARE LICENSE, WHETHER SUCH LIGHTBURN SOFTWARE LICENSE IS PURCHASED ON OUR WEBSITE OR FROM ONE OF OUR AUTHORIZED RESELLER(S). THIS LIMITATION WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE END USER LICENSE AGREEMENT, INCIDENT OR CLAIM. NOTHING IN THIS EULA AND IN PARTICULAR WITHIN THIS “LIMITATION OF LIABILITY” CLAUSE WILL ATTEMPT TO EXCLUDE LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. YOU HAVE NO CLAIM AGAINST ANY OF THE LIGHTBURN PARTIES OTHER THAN LIGHTBURN IN CONNECTION WITH THIS EULA.
7. Confidentiality¶
“Confidential Information” means the LightBurn Software Materials and all other confidential or proprietary information disclosed or made accessible to you by LightBurn, except for information which you can demonstrate is available to the public prior to disclosure to you or becomes available to the public by publication or otherwise without your fault. You will not use or disclose any Confidential Information except as expressly authorized by this EULA. You will protect all Confidential Information using the same degree of care which you use to protect your own confidential information, but in no event less than a reasonable degree of care. You will take prompt and appropriate action to prevent unauthorized use or disclosure of Confidential Information. If you are legally compelled to disclose any Confidential Information, you will provide LightBurn prompt written notice of such requirement so that an appropriate protective order or other relief may be sought. The breach, or threatened breach, of any provision of this Section, or the breach, or threatened breach, of license rights or restrictions or other violation, infringement, or misuse of LightBurn Software Materials or other Confidential Information may cause irreparable harm to LightBurn without an adequate remedy at law. Upon any such breach, violation, infringement, misuse, or threat thereof, LightBurn will be entitled to seek injunctive relief to prevent you from commencing or continuing any action constituting such breach, violation, infringement, misuse, or threat thereof, or other equitable relief, without having to post a bond or other security, and without having to prove the inadequacy of other available remedies. We may do so in any court of competent jurisdiction.
8. For U.S. Government End Users¶
The LightBurn Software Materials are a “commercial item,” as that term is defined at 48 C.F.R. 2.101 (OCT 1995), and more specifically are “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995). The LightBurn Software Materials are provided to U.S. Government End Users only as a commercial end item and with only those rights as are granted to all other customers pursuant to the terms and conditions herein.
9. Export Compliance¶
All use of the LightBurn Software Materials by you and your Permitted Users will be in accordance with (a) the Export Administration Act of 1979, as amended (50 U.S.C. app. 2401-2420), and the Export Administration Regulations, 15 C.F.R. Parts 730-774 (“EAR”); (b) the Arms Export Control Act, 22 U.S.C. § 2778, and the corresponding International Traffic in Arms Regulations; © the economic sanctions, laws and regulations enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), 31 C.F.R. Part 500 et seq., and the U.S. Department of State’s Office of Terrorist Financial and Economic Sanctions Policy; and (d) the anti-boycott regulations, guidelines, and reporting requirements under the EAR and Section 999 of the Internal Revenue Service Code (collectively, “U.S. Sanctions and Export Control Laws”). In particular, you agree that you and your Permitted Users are: (i) not located in, headquartered in, or incorporated under the laws of any country or territory subject to U.S. territorial economic sanctions or anti-terrorism restrictions under the EAR, including Belarus, Cuba, Iran, North Korea, Russia, Sudan, Syria, or the Crimea, Donetsk, or Luhansk regions of Ukraine (collectively “Sanctioned Locations”); and (ii) not a person identified on U.S. or other applicable government restricted party lists, including but not limited to the Specially Designated Nationals and Blocked Persons (“SDN”) List maintained by OFAC or the Entity List or Denied Persons List maintained by the U.S. Department of Commerce’s Bureau of Industry and Security (collectively, “Restricted Parties”), or owned or controlled by or acting on behalf of, any Restricted Party or any party located in, headquartered in or incorporated under the laws of any Sanctioned Locations. You and your Permitted Users will not use or divert the LightBurn Software Materials as follows: (A) to countries for which a specific export license is required; (B) to Restricted Parties or Sanctioned Locations; (C) for activities related to weapons proliferation, such as nuclear, chemical, or biological weapons or missile technology; (D) for end-uses in violation of the EAR relating to a military or military intelligence end-use or end-user, including for incorporation into any military item, for the use, development, or production of military items, for any activity that supports or contributes to the operation, installation, maintenance, repair, overhaul, refurbishing, development, or production of military items, or for use by a military end-user such as the national armed services (army, navy, marine, air force, or coast guard), the national guard and national police, government intelligence or reconnaissance organizations, or any person or entity whose actions or functions are intended to support military end uses in violation of the EAR; or (E) in a manner otherwise inconsistent with end-use and end-user restrictions imposed by the U.S. Sanctions and Export Control Laws implemented by 15 C.F.R. Part 744.
10. General¶
10.1. Language¶
The official version of this EULA is in English.
10.2. Waivers¶
All waivers by us will be effective only if in writing. Any waiver or failure by us to enforce any provision of this EULA on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
10.3. Severability¶
If any provision of this EULA is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that will not affect the legality, validity or enforceability of any other provision of this EULA. Any such unenforceable provision will be deemed to be amended to the minimum extent required to accomplish the objectives of such provision. If the illegality, invalidity or unenforceability cannot be cured by such amendment, the provision in question will be deemed to have never formed part of this EULA and all remaining provisions of this EULA will remain unchanged and will continue in full force and effect.
10.4. Governing Law; Venue¶
This EULA and any matters arising in connection with this EULA will be governed, interpreted, and construed in accordance with the laws of the State of Delaware, USA without regard to the principles of conflicts of laws. Any legal action or proceeding relating to this EULA and any matters arising in connection with this EULA will be instituted exclusively in a state or federal court in the State of Delaware, USA except for equitable relief by us under Section 7 (Confidential Information). Except as set forth in Section 7 (Confidential Information), the parties will submit to the exclusive jurisdiction of, and accept that venue is proper in, these courts in any such legal action or proceeding.
10.5. Assignment¶
Except as permitted in Section 1.6, neither the rights nor the obligations arising under this EULA are assignable by you except with the prior written consent of LightBurn, and any such attempted assignment will be void and without effect. This Agreement may be assigned, in whole or in part, by us. This EULA is binding on and inures to the benefit of any successors and permitted assigns.
10.6. Miscellaneous¶
The headings of sections of this EULA are for convenience and are not to be used in interpreting this EULA. This EULA will not be construed as creating a relationship of employment, agency, partnership, joint venture, or any other form of legal association. Neither party has any power to bind the other party or to assume or to create any obligation or responsibility on behalf of the other party. This EULA will not confer any rights or remedies upon any person other than the parties, and their respective successors and permitted assigns and the indemnified parties (with respect to indemnification). All notices and other communications required or permitted under this EULA will be in writing and will be deemed given (a) if to LightBurn, when delivered to 838 Walker Rd Suite 21-2, Dover, DE, 19904 or, (b) if to you, when delivered either by (i) courier service (including via First Class Mail with the United States Postal Service) to the mailing address on file with us, or (ii) e-mail to the e-mail address on file with us. This EULA constitutes the entire agreement between the parties with respect to its subject matter and as of the date of agreement by you supersedes all prior or contemporaneous agreements, negotiations, representations, and proposals, whether written or oral, relating to its subject matter. Except for modifications made by us to this EULA, Privacy Policy or other terms in URLs, no modification of this EULA by you will be effective unless in writing and signed by an authorized representative of LightBurn. The Uniform Computer Information Transactions Act and the United Nations Convention on Contracts for the International Sale of Goods will not apply to this EULA, or any business conducted pursuant to it, regardless of when and however adopted, enacted and amended under the laws of any jurisdiction. In this EULA where we use the words “including” or “include” it means including without limitation or includes without limitation, respectively, and the word “or” means and/or, unless the context dictates otherwise. The parties will execute and deliver any additional contracts, instruments or documents necessary to fully effectuate the terms of this EULA.
11. Variation of EULA Terms for Licensee Based in or Resident of The European Union.¶
11.1. Generally¶
This EULA will apply in respect of purchasers of the licenses to the LightBurn Software Materials who, at the time the license for the LightBurn Software Materials is purchased, (in the case of incorporated or unincorporated entities, businesses, institutions and organizations) are based, or (in the case of individuals acquiring the license for the LightBurn Software Materials in their personal capacity) have their main place of residence, in the European Union, subject to the variations set out below in this Section 11.
11.2. Preamble section¶
The 3rd and 4th paragraph in the preamble are replaced in their entirety with the following:
*This EULA incorporates by reference all terms in uniform resource locators (URLs) referred to herein. Such additional terms will apply as they may be modified by us from time to time, provided that no such modifications unreasonably limit or place unreasonable conditions on your right to use the LightBurn Software Materials in accordance with this EULA.
Our Privacy Policy which can be found at https://lbrn.info/privacy (the “Privacy Policy”) provides details about our privacy practices and information about our processing of personal information. You acknowledge you have been given access to a copy of the Privacy Policy.
We may change this EULA, the Privacy Policy or other terms in URLs at any time. Any such changes will apply to you in relation to copies of the LightBurn Software Materials to which you already purchased a license before the date of such change only insofar as the change does not unreasonably limit or place unreasonable conditions on your right to use the LightBurn Software Materials in accordance with the terms of this EULA at the time of purchase. All future changes to this EULA, the Privacy Policy or other terms in URLs will apply to you in relation to copies of the LightBurn Software Materials purchased after the date of the change.*
11.3. Section 1.6¶
Section 1.6 is replaced in its entirety with the following:
Transferability. Where you purchase a perpetual license for the LightBurn Software and the license fees are paid in full in advance, you may transfer the license (on the terms of this EULA) to another person (a “transferee”) provided that: (a) you must transfer possession of all copies of the LightBurn Software Materials and all Activations to a single transferee and must not retain any copies of LightBurn Software Materials (including any back-up copy of the LightBurn Software or any copy installed on a Device) in your possession or control; (b) you must transfer all of the rights that you purchased in connection with the copy of the LightBurn Software Materials, including all Activations, to a single transferee; accordingly, user rights under this EULA including the Activations purchased with the license (including where you purchase a license for use by multiple users) cannot be split between you and a transferee or amongst several transferees; © the transferee will not have the benefit of and will not be entitled to receive from us any maintenance or support services, software updates, warranty services or any other services that you may be entitled to receive from us (including updates or other services you are entitled to receive from us under Section 2 or any other contract and including any warranties or product guarantees that you may purchase or receive in connection with the LightBurn Software Materials) and you may not transfer your right to receive such services to any transferee; and (d) you must provide this EULA to the transferee, and the transferee will be deemed to have agreed to this EULA by accessing or using any of the LightBurn Software Materials. Except as aforesaid, your license is transferable only if you sell, assign or otherwise transfer the Device on which the LightBurn Software is loaded and subject to the following: (i) you must transfer all LightBurn Software Materials and all Activations to the same transferee with the Device being transferred, in other words you cannot split up Activations between transferees; and (ii) you must provide this EULA to the transferee, and the transferee is deemed to have agreed to this EULA by accessing or using any of the LightBurn Software Materials. If you do not comply with the foregoing, we may consider the transfer void.
11.4. Section 1.7¶
The last sentence of Section 1.7 is replaced with the following:
Subject only to the last sentence of Section 6 below, we disclaim all liability arising from any Device(s).
11.5. Section 1.8¶
The following sentence is added at the end of Section 1.8:
The foregoing is subject to and will not derogate from the last sentence of Section 6 below.
11.6. Section 1.9¶
The opening words in the second sentence in Section 1.9 are replaced with the following:
Except as expressly provided herein, or as may be permitted under Articles 5(2), 5(3) or 6 of Directive 2009/24/EC of the European Parliament and the Council on the legal protection of computer programs, or under any national legislation implementing such provisions in the European Union member state in which you are based or where you are resident (as such legislation may be varied or re-enacted from time to time), you agree not to, and you will not permit others to: […].
[The remaining provisions of Section 1.9 in sub-sections (a) to (f) are unchanged]
11.7. Section 6¶
The following sentence is added at the end of Section 6:
Anything to the contrary herein notwithstanding, nothing in this EULA or in any terms incorporated by reference into this EULA will exclude or limit our liability: (i) for death or personal injury caused by our negligence; (ii) for our fraud or fraudulent misrepresentation; or (iii) for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11.8. Section 10.1.¶
Section 10.1 is replaced in its entirety with the following:
Language. The official version of this EULA is in English, except where you are purchasing a license to the LightBurn Software Materials as an individual consumer, in which case, if a version of this EULA is provided to you in one of the official languages of the country where you have your main place of residence, that language version will be the official version of this EULA.
11.9. Section 10.4¶
The following sentence is added at the end of Section 10.4:
The foregoing notwithstanding, if you are an individual and you purchase the license for the LightBurn Software Materials as a consumer, outside your trade or profession, you have the right to bring proceedings against us in the courts of the country where you are domiciled (or, at your choice, if we have a domicile in a member state of the European Union, in the courts of that country, or in a state or federal court in the State of Delaware, USA) and we may only bring proceedings against you in the court of the country where you are domiciled. The European Commission provides a platform, which makes possible online settlement of disputes between consumers and merchants (ODR platform). The ODR platform can be reached in the following link: https://ec.europa.eu/consumers/odr. LightBurn is neither obliged nor prepared to participate in dispute settlement proceedings before consumer arbitration boards.
12. Variation of EULA Terms for Licensee Based in or Residents of The United Kingdom.¶
12.1. General¶
This EULA will apply in respect of purchasers of the licenses to the LightBurn Software Materials who, at the time the license for the LightBurn Software Materials is purchased, (in the case of incorporated or unincorporated entities, businesses, institutions and organizations) are based, or (in the case of individuals acquiring the license for the LightBurn Software Materials in their personal capacity) have their main place of residence, in the United Kingdom, subject to the variations set out in this Section 12.
12.2. Preamble Section¶
*The 3rd and 4th paragraph in the preamble are replaced in their entirety with the following:
This EULA incorporates by reference all terms in uniform resource locators (URLs) referred to herein. Such additional terms will apply as they may be modified by us from time to time, provided that no such modifications unreasonably limit or place unreasonable conditions on your right to use the LightBurn Software Materials in accordance with this EULA.
Our Privacy Policy which can be found at https://lbrn.info/privacy (the “Privacy Policy”) provides details about our privacy practices and information about our processing of personal information. You acknowledge you have been given access to a copy of the Privacy Policy.
We may change this EULA, the Privacy Policy or other terms in URLs at any time. Any such changes will apply to you in relation to copies of the LightBurn Software Materials to which you already purchased a license before the date of such change only insofar as the change does not unreasonably limit or place unreasonable conditions on your right to use the LightBurn Software Materials in accordance with the terms of this EULA at the time of purchase. All future changes to this EULA, the Privacy Policy or other terms in URLs will apply to you in relation to copies of the LightBurn Software Materials purchased after the date of the change.*
12.3. Section 1.6¶
Section 1.6 is replaced in its entirety with the following:
Transferability. Where you purchase a perpetual license for the LightBurn Software Materials and the license fees are paid in full in advance, you may transfer the license (on the terms of this EULA) to another person (a “transferee”) provided that: (a) you must transfer possession of all copies of the LightBurn Software Materials and all Activations to a single transferee and must not retain any copies of LightBurn Software Materials (including any back-up copy of the LightBurn Software or any copy installed on a Device) in your possession or control; (b) you must transfer all of the rights that you purchased in connection with the copy of the LightBurn Software Materials, including all Activations, to a single transferee; accordingly, user rights under this EULA including the Activations purchased with the license (including where you purchase a license for use by multiple users) cannot be split between you and a transferee or amongst several transferees; © the transferee will not have the benefit of and will not be entitled to receive from us any maintenance or support services, software updates, warranty services or any other services that you may be entitled to receive from us (including updates or other services you are entitled to receive from us under Section 2 or any other contract and including any warranties or product guarantees that you may purchase or receive in connection with the LightBurn Software) and you may not transfer your right to receive such services to any transferee; and (d) you must provide this EULA to the transferee, and the transferee will be deemed to have agreed to this EULA by accessing or using any of the LightBurn Software Materials. Except as aforesaid, your license is transferable only if you sell, assign or otherwise transfer the Device on which the LightBurn Software is loaded and subject to the following: (i) you must transfer all LightBurn Software Materials and all Activations to the same transferee with the Device being transferred, in other words you cannot split up Activations between transferees; and (ii) you must provide this EULA to the transferee, and the transferee is deemed to have agreed to this EULA by accessing or using any of the LightBurn Software Materials. If you do not comply with the foregoing, we may consider the transfer void.
12.4. Section 1.7¶
The last sentence of Section 1.7 is replaced with the following:
Subject only to the last sentence of Section 6 below, we disclaim all liability arising from any Device(s).
12.5. Section 1.8¶
The following sentence is added at the end of Section 1.8:
The foregoing is subject to and will not derogate from the last sentence of Section 6 below.
12.6. Section 1.9¶
The opening words in the second sentence in Section 1.9 are replaced with the following:
Except as expressly provided herein, or as may be permitted under sections 50A, 50B, 50BA and 296A of the Copyright, Designs and Patents Act 1988 (as such legislation may be varied or re-enacted from time to time), you agree not to, and you will not permit others to: […].
[The remaining provisions of Section 1.9 in sub-sections (a) to (f) are unchanged]
12.7. Section 6¶
The following sentence is added at the end of Section 6:
Anything to the contrary herein notwithstanding, nothing in this EULA or in any terms incorporated by reference into this EULA will exclude or limit our liability: (i) for death or personal injury caused by our negligence; (ii) for our fraud or fraudulent misrepresentation; or (iii) for any matter which it would be illegal for us to exclude or attempt to exclude our liability.
12.8. Section 10.4¶
The following sentence is added at the end of Section 10.4:
The foregoing notwithstanding, if you are an individual and you purchase the license for the LightBurn Software as a consumer outside your trade or profession, you have the right to bring proceedings against us in the courts of the part of the United Kingdom where you are domiciled (or, at your choice, if we have a domicile in any part of the United Kingdom, in the courts of that part of the United Kingdom, or in a state or federal court in the State of Delaware, USA) and we may only bring proceedings against you in the courts of the part of the United Kingdom where you are domiciled.
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