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TERMS AND CONDITIONS OF PURCHASE

1. Introduction; Acceptance of Terms

All sales of Light Labs Inc. L16 Cameras® and related accessories furnished by Light (collectively, “Products”) to the party purchasing such Products from Light (“Buyer”) are made pursuant to these Terms and Conditions of Purchase and any additional terms and conditions and policies referenced herein, including without limitation, the Limited Product Warranty, End User License Agreement, Return Policy, Website Privacy Policy, and Products Privacy Policy (collectively, the “Terms”). To the extent of any conflict between the Terms and any terms and conditions provided by Buyer, these Terms shall take precedence and any conflicting or additional terms and conditions provided by Buyer are hereby rejected.

For the purposes of these Terms, all references to “Light,” “we,” “us,” and “our” refer to Light Labs Inc., a Delaware corporation, with our principal place of business at 636 Ramona Street, Palo Alto, CA 94301. “You” refers to you, as a Buyer.
BEFORE YOU CONFIRM AS PART OF THE PURCHASE PROCESS THAT YOU HAVE READ AND AGREE TO THE TERMS, PLEASE CAREFULLY READ ALL OF THE TERMS.  BY SO CONFIRMING, YOU ARE AGREEING TO BE BOUND BY AND TO COMPLY IN ALL RESPECTS WITH THESE TERMS.  IF YOU DO NOT AGREE WITH THESE TERMS, THEN DO NOT PROVIDE SUCH CONFIRMATION (IN WHICH CASE YOU WILL BE UNABLE TO COMPLETE YOUR PURCHASE).

IF YOU ARE AN INDIVIDUAL ACCEPTING THE TERMS ON BEHALF OF YOUR EMPLOYER OR OTHER ORGANIZATION, THE TERM “BUYER” AND REFERENCES TO “YOU” SHALL BE DEEMED TO INCLUDE SUCH EMPLOYER OR ORGANIZATION. YOU, AS AN INDIVIDUAL, REPRESENT, WARRANT AND UNDERTAKE THAT YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH EMPLOYER OR ORGANIZATION TO THESE TERMS.

These Terms govern orders for the purchase of Products and do not apply to reservations of Products. Please see our Reservation Terms and Conditions for the terms and conditions which apply to reservations placed within the European Union.

2. Orders

You may place orders for Products through the Light website available at https://light.co/ (the “Site”). When placing an order with us, any information you provide, including without limitation, your name, e-mail address, shipping address and credit card information, is subject to our Website Privacy Policy.

By placing an order, you agree that any credit card information supplied by you is true and complete and you will pay the applicable price. We use a third party ecommerce platform for the checkout process and a third party provider for payment processing. These third parties will have access to the information you provide during the checkout process in order to process your payment and to complete your order. Collection, processing, use and storage of this information is subject to the third party providers’ privacy policies, located at https://www.shopify.com/legal/privacy, https://www.authorize.net/company/privacy/, https://merch.bankofamerica.com/privacy-policy/, and https://www.paypal.com/us/webapps/mpp/ua/privacy-full.

The price you are required to pay for a Product is as listed on the Site at the time you order the Product. When you order the Product, you will be provided with the overall purchase price of the Product and the applicable taxes, duties, transport and delivery charges, and any other applicable fees. The foregoing will be stated in US Dollars.

3. Acceptance; Shipping; Returns and Refunds

If Light accepts your order for any Products, you will receive a confirmation of such order via e-mail, which will include your order number. All scheduled shipment dates are estimates only. Light will use reasonable efforts to meet the scheduled shipment dates but will not be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery. Light reserves the right to make partial deliveries. Subject to applicable law, all Products you order shall be deemed irrevocably accepted by you, unless returned in accordance with our Return Policy or the return procedures set forth in the Light Limited Product Warranty. Any refunds will be processed using the payment method you used to complete your order. If we are aware that your refund has not gone through, we will notify you as soon as reasonably practicable and inform you of how you can contact us to arrange an alternative method to receive the refund.

4. Intellectual Property; Software

The sale of Products by Light does not convey any license by implication, estoppel, or otherwise, under any proprietary or intellectual property rights of Light. In all cases, intellectual property rights in and relating to the Products shall be and remain the exclusive property of Light and its licensors or suppliers.

Furthermore, any software pre-loaded on or provided with the Products, including without limitation, Light’s proprietary desktop processing software (collectively, the “Software”) is licensed, not sold. Your use of the Products and the Software is expressly subject to our End User License Agreement. By using the Products and any Software, you agree to comply with the terms and conditions of the End User License Agreement.

5. Privacy

For further information on how Light collects, uses, discloses and secures information about users of the Products, please review our <a href="#product-privacy-policy>Product Privacy Policy.

6. Limited Warranty; Disclaimers

The warranties and warranty disclaimers set forth in the Limited Product Warranty apply to your purchase of Products from Light.

7. Limitation of Liability

IN NO EVENT SHALL LIGHT BE LIABLE TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH OR UNDER YOU, FOR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA, EQUIPMENT DOWNTIME OR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES HOWSOEVER ARISING, RELATED TO THE PRODUCTS, INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING OR REPRODUCING ANY CONTENT, INFORMATION OR DATA STORED IN OR USED WITH THE PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF CONTENT, INFORMATION OR DATA STORED ON THE PRODUCTS, EVEN IF LIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIGHT’S MAXIMUM AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH OR UNDER YOU, IN DAMAGES OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE PAID TO LIGHT BY YOU FOR THE PRODUCT THAT GAVE RISE TO THE CLAIM.

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE.

8. Arbitration

(a) THIS SECTION INCLUDES AN ARBITRATION AGREEMENT AND AN AGREEMENT THAT ALL CLAIMS (EXCEPT AS SET FORTH IN SECTION 8(B)) WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING. PLEASE READ THIS SECTION 8 CAREFULLY. YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE OPT OUT PROCEDURE DESCRIBED BELOW.

(b) The parties both agree that any dispute or claim relating in any way to the Products (including the Software) will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify, (ii) Light may seek injunctive relief from any court with jurisdiction to preliminarily enjoin your use of the Products (including the Software) in any manner that Light alleges in good faith violates these Terms, and (iii) Light may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolved by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Light are each waiving the right to a trial by jury or to participate in a class action. If you do not want to arbitrate disputes with Light and you are an individual, you may opt out of this arbitration requirement by sending an email to [email protected] within 30 days of the first date you purchase a Product. This arbitration provision will survive any termination of these Terms.

(c) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Light Labs Inc., P.O. Box 800, Palo Alto, CA 94302 with an electronic copy (which will not constitute notice) to [email protected] If Light seeks to arbitrate a dispute Light has with you, Light will send a letter or email making the request and describing its claim using one of the contact methods you have provided or, if none is provided, at a location or address disclosed in public or third party records. If you are an individual, the arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used a Product on behalf of an entity, the AAA’s Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If you are an individual and have not used a Product on behalf of an entity, Light will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and Light will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The parties undertake to keep confidential all arbitration proceedings, including awards in their arbitration and all materials in the proceedings created for the purpose of the arbitration and all other documents produced by another party in the proceedings not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority.

(d) The parties each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration each party waives any right to a jury trial.

9. Governing Law; Venue

The Terms shall not be governed by the 1980 United Nations Convention on Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the Sale of Goods, as amended; rather, these Terms shall be governed by the laws of California exclusively, without regard to conflict of law provisions. For any and all claims, other than those in small claims court or those in which Light is seeking injunctive relief pursuant to Section 8(b) above, jurisdiction for any court proceedings arising out of or relating to these Terms will be vested exclusively in, and venue will be in, the state or federal courts sitting in San Francisco, California, except that, following confirmation of an arbitration award in a state or federal court in San Francisco, California, a judgment arising from the same may be executed in any court of competent jurisdiction.

10. General

Any or all products may be subject to export or resale restriction or regulation, and Buyer agrees to comply with all such regulations or restrictions and any other applicable laws and regulations regarding use of the Products.

Any or all Products may have been imported. If Buyer’s order is placed under a contract with the United States Government, Light shall not be bound by, and expressly rejects, any contract provisions and regulations which purport to bind Light or which Buyer is obligated to pass on to Light, unless accepted in writing by an authorized representative of Light. All rights in technical data, software and/or firmware owned or licensed by Light are hereby reserved and deemed restricted or limited. No provision of Buyer’s contract with the Government will be binding on Light except as expressly set forth in this Section.

The Terms may be freely assigned by Light to a successor in interest upon any merger, reorganization, change of control or sale or all or substantially all of the assets of Light related to the Terms. Buyer shall have no right to assign the Terms, or any order for Products placed on the Site without the prior written consent of Light. Any assignment in violation of the foregoing shall be null and void from the beginning. Pursuant to the foregoing, the Terms shall be binding on any successor or permitted assign.

Light’s failure to or delay in exercising any of its rights hereunder shall not constitute or be deemed a waiver or forfeiture of such rights. All waivers must be in writing. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

Buyer’s relationship to Light is that of an independent contractor, and neither party is an agent or partner of the other. If any provision of the Terms is unenforceable, such provision will be changed to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. The Terms constitute the entire agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. The Terms may be amended only by a written document that specifically references the Terms and is signed by both Buyer and an authorized representative of Light.

 
 

RESERVATION TERMS AND CONDITIONS

When you place a reservation for the Light’s L16 Camera® (the “L16 Camera,” and such reservation a “Reservation”), you agree to be bound by these Reservation Terms and Conditions.

These Reservation Terms and Conditions apply to Reservations placed from within the European Union. Reservations cannot currently be placed from outside the European Union.

All references to “Light,” “we,” “us,” and “our” refer to Light Labs Inc., a Delaware corporation, with its principle place of business at 636 Ramona Street, Palo Alto, CA 94301.

1. Light L16 Reservation

By making your Reservation, you are securing a priority position for taking delivery of your L16 Camera. People who have placed Reservations will be shipped their L16 Cameras when the cameras become available for shipment ahead of people who have not made Reservations. Although we cannot at this stage guarantee the date by which the camera will become available for shipment to you, we set out below details of how and when we will notify you when this is the case.

You may place your Reservation through our website (https://light.co/), which sets out details of the L16 Camera, including the overall purchase price of the camera (broken down into a Reservation Payment and an Order Payment, as explained below) and which will include details of any applicable taxes, duties, transport and delivery charges, and any other applicable fees. The purchase price will be stated in US Dollars. Our website also sets out any delivery restrictions in respect of the L16 Camera.

2. Reservation Effective Date

We will notify you by email when your Reservation is complete. The date of that notification will determine your priority position for the opportunity to purchase the L16 Camera. To obtain your Reservation, you will need to (1) complete the ‘Reservation form’ available through our website and (2) make payment of the amount stated on the website (the “Reservation Payment”). We will then provide you notification of your Reservation by email once we confirm that your form has been properly filled in and we have received your Reservation Payment. Placing a Reservation will involve accessing a processing interface through our website which is managed by Luzern Technology Solutions Ltd (our authorized reseller and Merchant of Record for products sold internationally).

3. Reservations are Not Purchases

While your Reservation will add you to the queue of priority purchasers, your Reservation does not constitute the purchase or order of a camera. In order to purchase your Light L16 Camera, you will need to place a separate order to purchase once we notify you that the Light L16 Camera is available for your purchase.

4. Orders to Purchase

Approximately one month before Light anticipates that the Light 16 Camera you have reserved will be available for shipment, we will send you an email at the email address you provided when making your Reservation. The email will include an order form confirming: the remaining amount due in order to place your Order of the camera (the “Order Payment”), including without limitation any applicable taxes, duties, transport and delivery charges, and any other applicable fees (the “Order”). If you proceed with the order and submit a completed Order, we will apply your Reservation Payment towards the overall purchase price of the camera (the Order Payment set out in the Order form will reflect this reduction).

5. Terms of Orders to Purchase

The Order will be subject to the following separate terms and conditions: the Luzern Order Terms and Conditions (a separate set of terms and conditions to be entered into between you and our third party authorized reseller and merchant of record); our Product Warranty and our EULA (the “Order Terms”) and our Products Privacy Policy shall apply to your use of the L16 Camera. These documents are accessible here https://light.co/legal and you should read and ensure you are comfortable with them. Any purchases of L16 Cameras will be subject to the Order Terms, and any inconsistent or additional terms you may submit with your Order shall be deemed rejected and of no force or effect.

6. Cancellation and Refund Policy

Until you submit and we accept your purchase order, your Reservation may be cancelled by either you or us at any time. If your Reservation is cancelled by us, you will receive an email to the email address you provided during the Reservation process informing you that your Reservation has been cancelled and you will also receive a full refund of your Reservation Payment. If, for any reason, before you submit a purchase order you decide that you wish to cancel your Reservation, you may do so by contacting us at [email protected] and providing us with your name, email address and Reservation number, in which case we will notify you by reply email that your Reservation has been cancelled and you will also receive a full refund of your Reservation Payment. Note that this right to cancel your Reservation is in addition to your further rights to cancellation and withdrawal as set out below and in our Product Warranty.

7. Processing of Refunds

All refunds will be processed using the payment method you used to complete your Reservation. If we are aware that your refund has not gone through, we will notify you as soon as reasonably practicable and inform you of how you can contact us to arrange an alternative method to receive the refund.

8. No Escrow

By submitting your Reservation request, you are expressly acknowledging that we will not hold your Reservation Payment separately or in an escrow or trust fund or pay any interest on your Reservation Payment, even if your Reservation Payment is returned.

9. Your Reservation is Personal to You

Your Reservation is not transferable or assignable to anyone else without the prior written consent of Light. Any purported assignment by you without Light’s prior written consent will be null and void from the beginning.

10. Your Information

When you place your Reservation, you will be required to provide us with certain personal information about yourself including your name and email address. To help us keep your contact information up to date, you can update your email address at any time by contacting us at [email protected] We will maintain your personal information in accordance with our privacy policy, which is available here.

11. Contact Us

If you have questions about these Reservation Terms and Conditions (or wish to make a complaint), you may contact us by email at [email protected] 

12. Notices

Except as stated in these Reservation Terms and Conditions, all notices, requests and other communications to us must be in writing and sent either by email or post to the following addresses:

[email protected]
Light Labs Inc.
PO Box 800
Palo Alto, CA 94302

13. Right of Withdrawal

In addition to your right to cancel your Reservation as set out above, you have the right to cancel both your Reservation and any subsequent Order, without giving any reason. The withdrawal period will expire after 14 days from the day on which the L16 Camera is delivered to you. To exercise the right of withdrawal, you must inform us of your decision by an unequivocal statement, sent by email to [email protected] or via certified mail to Light Labs, 636 Ramona St., Palo Alto, CA 94301. To meet the withdrawal deadline, it is sufficient for you to send your notice of withdrawal before the 14 day period has expired. You may use the template withdrawal form set out below (although you do not have to do so).

14. Effects of Withdrawal

If you withdraw, we will reimburse to you all payments received from you (including your Reservation Payment and Order Payment) less the costs of delivery, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

15. Our Liability in Respect of Reservations and the L16 Camera

Exclusions Prevented by Law. We do not exclude or restrict our liability to the extent it would be unlawful to do so, including liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

No Liability for Unforeseeable Loss and Damage. We are not responsible for loss or damage resulting from our failure, that is not ‘foreseeable’. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you place a Reservation, both you and we are aware that it might occur.

No Liability for Commercial Losses. The L16 Camera is made available for reservation, solely for private use. We have no liability for any loss of profit, loss of business, business interruption, or loss of business opportunity.

No Liability regarding Software Compatibility. Except as we expressly state, the L16 Camera is not designed to be compatible with or used in conjunction with any other software applications. Light is not responsible for any loss caused by use of the L16 Camera in conjunction with such other software applications.

No Warranty Regarding Suitability for Individual Requirements. The L16 Camera has not been developed to meet your specific requirements. It is your responsibility to ensure that any product is suitable for your intended purposes.
Your Responsibility for Back Up. It is your responsibility to back-up all content and data that you require, which is stored on the L16 Camera. In particular, we are not responsible for any loss of content and data as a result of warranty service.

No Liability for Events out with Light’s Control. We are not responsible for events outside our control, provided that we will notify you as soon as possible, take steps to minimise the effects of the delay and (as set out above) enable you to cancel your Reservation and receive a refund.

16. Applicable Law

These Reservation Terms and Conditions are governed by the laws of the State of California. However, the additional consumer rights and protections you are entitled to under the laws of the country in which you are based will also apply. In the event of any dispute which you are not able to resolve by contacting us, you can bring legal proceedings in the courts. Alternatively, you may submit any dispute to the European Commission Online Dispute Resolution platform for online resolution.

17. Severability

If any provision of these Reservation Terms and Conditions is held invalid or unenforceable by a court, the remaining provisions will remain in full force and effect (and the specific provision deemed invalid or unenforceable will be enforceable as far as permitted).

18. No Waiver

If we do not insist immediately that you do anything required in accordance with these Reservation Terms and Conditions or delay in taking action regarding your breach, this will not prevent us from insisting or taking action at a later date.

19. Our Right to Transfer

We may transfer our rights and obligations under these Reservation Terms and Conditions to another organization, although we will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights.

20. Template Withdrawal Form

“I hereby give notice that I cancel my Reservation/Order for the subsequent purchase of the L16 Camera.
Reserved on:

Ordered on (please state ‘n/a’ if you have only placed a Reservation and not an Order):

Your name:

Your address:

Your signature (if you are sending by post):

Date:”

 
 

LIMITED PRODUCT WARRANTY

THIS LIMITED PRODUCT WARRANTY (“WARRANTY”) SETS OUT ADDITIONAL RIGHTS YOU HAVE WHEN YOU PURCHASE OR RESERVE A LIGHT L16 CAMERA OR ANY ACCESSORIES FOR THE LIGHT L16 CAMERA (COLLECTIVELY, THE “PRODUCTS”) AS WELL AS IMPORTANT RESTRICTIONS AND LIMITATIONS REGARDING LIGHT’S RESPONSIBILITY FOR THE PRODUCTS.

IF YOU RESERVE OR PURCHASE A PRODUCT FROM WITHIN THE EUROPEAN UNION (INCLUDING THE UNITED KINGDOM) CERTAIN PROVISIONS DIFFER, AS SET FORTH HERE.

BY USING THE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THE TERMS OF THIS WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THIS WARRANTY, YOU MAY RETURN THE PRODUCT(S) TO LIGHT WITHIN NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE BY FOLLOWING THE RETURN PROCEDURES FOUND HERE.

1. Our Details

This Warranty is provided by Light Labs Inc., a Delaware Corporation, with a principal place of business at 636 Ramona Street, Palo Alto, CA 94301 (“Light”).

2. Warranty Applicable to the L16 Camera (the "Camera")

Light warrants to the original end-user purchaser (except as set forth here), when delivered in new condition in its original container, the Camera, as delivered and used in accordance with this Warranty (as provided to you prior to purchase) and Light’s product guidelines, will remain free from material defects in materials and workmanship for a period of one year from the date of shipment by Light to the original end-user purchaser (the “Warranty Period”). Light’s product guidelines consist of information contained in the user manual, technical specifications, safety notices, and official, written communications regarding service of the Camera, each as provided by Light to you.

The “Camera” does not include, and therefore this Warranty does not apply to, any software or any third-party hardware products included in, pre-loaded on or accompanying the Camera, even if packaged or sold with Light proprietary hardware. Software pre-loaded on the Camera and Light’s proprietary desktop processing software included with the Camera is instead subject to the End User License Agreement. Please refer to the End User License Agreement for information on your rights with respect to use of any such software.

3. Warranty Applicable to Accessories for the Camera (“Accessories”)

Light warrants that Accessories, as delivered and used in accordance with any accessory guidelines or instructions provided to you, will remain free from material defects in materials and workmanship for a period of one year from the date of shipment by Light.

Please note that except as expressly set out on our website or otherwise communicated to you by Light, Accessories designed to protect your Camera (such as screen protectors) are intended to be used to supplement (and are not a substitute for) the proper care and maintenance of the Camera.

4. General Restrictions Applicable to all Products

In addition to the foregoing, this Warranty does not cover: (i) damage caused by use with any third party component or product (save where damage is due to non-compatibility and Light has specifically stated that the third party component or product is compatible with the Light Product); (ii) cosmetic damage, including but not limited to, scratches, dents and broken plastic unless the failure is due to a defect in materials or workmanship; (iii) damage caused by accident (e.g., dropping), abuse, misuse, fire, liquid contact or other external cause; (iv) damage caused by using the Product outside Light’s product guidelines; (v) damage caused by service performed by anyone who is not a representative of Light or an authorized service provider of Light; (vi) any Product that has been modified or altered (except where expressly permitted by Light’s product guidelines or otherwise specifically recommended or permitted by Light in writing); (vii) damage caused by failing to install or permit installment of any software updates notified to you by Light; (viii) damage caused by normal wear and tear (except to the extent such exclusion is prohibited by applicable law, including the laws of the European Union); (ix) any Product that has had the serial number or dating removed, defaced or altered; (x) any Product returned in improper packaging; (xi) consumable parts, meaning batteries or protective coatings that are designed to diminish over time, unless the failure is due to a defect in materials or workmanship; or (xii) any warranty claims if Light receives information from relevant public authorities that the Product has been stolen and you cannot prove in any way that you are the authorized user of the Product (e.g., by presenting proof of purchase).

YOU SHOULD NOT OPEN THE PRODUCT ITSELF. OPENING A PRODUCT MAY CAUSE DAMAGE THAT IS NOT COVERED BY THIS WARRANTY. ONLY LIGHT OR AN AUTHORIZED SERVICE PROVIDER SHOULD PERFORM SERVICE ON THE PRODUCTS.

Before submitting any Product for warranty service, you should maintain a separate backup copy of the contents of its storage media and remove all personal information that you want to protect. LIGHT IS NOT RESPONSIBLE FOR ANY PHOTOGRAPHS, VIDEOS, OR OTHER CONTENT OR DATA ON THE PRODUCT THAT IS LOST AS A RESULT OF LIGHT RESPONDING TO A WARRANTY CLAIM. YOU ACKNOWLEDGE THAT LIGHT MAY NOT BE ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY OR REPLACE THE PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION AND CONTENT STORED ON THE PRODUCT. Upon receipt of the Product by Light or its third-party service providers, all data on the Product, including photos, video and other content will be deleted. It is possible that Light, and its third-party service providers may have access to, and view, photos, video and other content prior to such deletion. Light and its third-party service providers reserve the right to disclose, at any time, any content or images deemed necessary or appropriate to satisfy any applicable law, regulation, or governmental request.

 
 

5. Return Merchandise Authorization Process Applicable to all Products

To utilize our Warranty, please contact Light via email at [email protected] Light may require that you furnish proof of purchase and the serial number for the Product, respond to questions designed to assist with diagnosing potential issues and follow Light’s procedures for obtaining warranty service. If Light determines that your Product is covered by the Warranty and requires service, an authorized Light representative will provide instructions for return. Light will then send you a prepaid shipping label and instructions on how to properly pack and address your Product, so that you may ship it back to Light. Instructions may be sent to you via email or in hard copy. It is your responsibility to properly package and send the defective Product with the Light-provided return label back to Light. Do not include any other items with the defective Product.

For Warranty claims regarding Accessories, where Accessories are grouped together and sold as an individual bundle such Accessories must be returned together with all Accessories originally contained within that bundle.

Any information you provide to Light during the Returns process will be subject to Light’s Website Privacy Policy and Products Privacy Policy and will only be used to facilitate the repair and/or return of your device.

Once Light receives your Product, Light may, at its sole option: (i) repair the Product with new or previously used parts, (ii) replace the Product with a new Product or (iii) replace the Product with a refurbished Product. When a Product or part is replaced, any replacement item becomes your property and the replaced item becomes Light’s property. Warranty exchange does not extend the original warranty period of the Product.

Once service is complete, Light will return the Product to you or provide a replacement Product (as applicable). Light will pay for standard shipping to and from your location if all instructions regarding the method of packaging and shipping the Product are followed. The Product will be returned to you as it was configured when originally purchased, subject to applicable updates. Light may install software updates as part of the Warranty service that will prevent the Product from reverting to an earlier version of the software. Recovery and reinstallation of other software programs, data and information are not covered under this Warranty.

6. Territorial Scope of Warranty Applicable to All Products

This Warranty entitles you to Warranty service within the country in which you originally purchased the Product. If you are seeking Warranty service from a country other than the one in which you purchased the Product, please let us know in your initial email, so we can confirm whether or not we will provide Warranty service in such jurisdiction.

You may be responsible for shipping and handling charges if the Product cannot be serviced in the country it is in. If you seek service in a country that is not the original country of purchase, you may be responsible for shipping and handling charges, and you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. Where international service is available, Light may repair or replace Product parts with comparable Products and parts that comply with local standards.

7. Warranty Disclaimers Applicable to All Products

EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIGHT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING THE PRODUCT, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIGHT HEREBY DISCLAIMS, AND SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR, DAMAGE OR INJURY TO PERSONS OR PROPERTY OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THE PRODUCT OR ITS USE.

You understand and agree that the disclaimers of warranties in this Warranty are a fundamental part of this Warranty and that Light would not agree to provide this Warranty without such disclaimer.

8. Changes to this Warranty

Light may periodically modify this Warranty. If we make significant changes to this Warranty, we will notify you via electronic mail and/or the Product, indicating that the Warranty has changed.

9. General Provisions Applicable to all Products

No Light reseller, agent or employee is authorized to make any modification, extension or addition to this Warranty.
If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

Light or its successor in title is the warrantor under this Warranty.

 
 

IF YOU ARE A USER BASED INSIDE THE EUROPEAN UNION (INCLUDING THE UNITED KINGDOM), THE FOLLOWING APPLIES:

1. THIS WARRANTY IS IN ADDITION TO (AND DOES NOT IN ANY WAY LIMIT OR RESTRICT) THE RIGHTS WHICH YOU AUTOMATICALLY HAVE UNDER THE LOCAL LAWS OF THE COUNTRY IN WHICH YOU PURCHASE OR RESERVE THE PRODUCT AND YOUR OTHER RIGHTS UNDER LIGHT’S RESERVATION TERMS AND CONDITIONS. IN PARTICULAR, THIS WARRANTY DOES NOT AFFECT YOUR RIGHT TO RETURN THE PRODUCT WITHIN 14 DAYS FOR NO REASON. PLEASE SEE THE RESERVATION TERMS AND CONDITIONS FOR DETAILS OF THESE RIGHTS AND HOW TO EXERCISE THEM.

 
 

2. This Warranty applies to original end user purchasers as well as subsequent owners of a Product if such owner is located in the European Union.

 

3. Section 7 of the Warranty (“Warranty Disclaimers Applicable to all Products”) does not apply. Instead, Light’s responsibility and liability for all Products is as follows:

Exclusions Prevented by Law. Light does not exclude or restrict its liability to the extent it would be unlawful to do so, including liability for death or personal injury caused by its negligence or for Light’s fraud or fraudulent misrepresentation.

No Liability for Unforeseeable Loss and Damage. Light is not responsible for loss or damage resulting from Light’s failure, that is not ‘foreseeable’. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you purchase the Product, both Light and you are aware that it might occur.

No Liability for Commercial Losses. The Product is provided for private use. Light has no liability for any loss of profit, loss of business, business interruption, or loss of business opportunity.

No Liability regarding Software Compatibility. Except as we expressly state, the Product is not designed to be compatible with or used in conjunction with any other software applications. Light is not responsible for any loss caused by use of the Product in conjunction with such other software applications.

No Warranty Regarding Suitability for Individual Requirements. The Product has not been developed to meet your specific requirements. It is your responsibility to ensure that the Product is suitable for your intended purposes.
Your Responsibility for Back Up. It is your responsibility to back-up all content and data that you require, which is stored on the Product. In particular, Light will not be responsible for any loss of content and data as a result of Warranty service.

No Liability for Events out with Light’s Control. Light is not responsible for events outside its control, provided that Light will notify you as soon as possible, take steps to minimise the effects of the delay and, where appropriate, enable you to end your contract with Light and receive any relevant refund.

 
 

END USER LICENSE AGREEMENT

This End User License Agreement (this “EULA”) is a legal agreement between you (“you” or “your”) and Light Labs Inc. (“Light”) for your use of Light’s proprietary software that comes pre-loaded on Light’s Products (as defined below) (“Device Software”) and Light’s proprietary desktop processing software included with Light’s Products (“Desktop Software”) (each a “Software Product”), as well as the associated printed materials and “online” or electronic documentation (“Documentation”).

IF YOU RESERVE OR PURCHASE A PRODUCT FROM WITHIN THE EUROPEAN UNION (INCLUDING THE UNITED KINGDOM) CERTAIN PROVISIONS DIFFER, AS SET FORTH HERE.By downloading, installing or operating a Software Product or using any Product on which a Software Product is pre-loaded, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you must not DOWNLOAD, install OR use this Software Product or use any Product on which a Software Product is Pre-Loaded.

1. License Grants

Device Software. In consideration of you agreeing to abide by the terms and conditions of this EULA and for other good and valuable consideration (the receipt of which is hereby acknowledged by Light), Light grants you a limited, non-exclusive, non-transferable license, without right of sublicense, to (a) use the Device Software solely as incorporated in Light’s proprietary L16 Camera or any other proprietary Light product (each, a “Product”) in machine-executable object code form and solely in connection with the operation of the Product as described in the Documentation, and (b) reproduce and use the Documentation for such Device Software solely for the purpose of using the Device Software in compliance with this EULA. Light has no obligation to provide any specific upgrades, updates, maintenance or support services with respect to the Device Software under this EULA.

Desktop Software. Subject to the terms and conditions of this EULA, Light grants you a limited, non-exclusive, non-transferable license, without right of sublicense, to (a) download, install, load, access and use the Desktop Software on a personal computer or other personal device owned or controlled by you, provided that such installation is in accordance with the Documentation, and (b) reproduce and use the Documentation for such Desktop Software solely for the purpose of using the Desktop Software in compliance with this EULA. Light has no obligation to provide any specific upgrades, updates, maintenance or support services with respect to the Desktop Software under this EULA.

2. License Restrictions

General. You shall use the Software Products and Documentation solely for your personal operation of the Products and in accordance with this EULA. Except as otherwise specifically permitted under this EULA and to the maximum extent permitted by applicable law, you shall not (a) use, copy, modify, create derivative works of, distribute, sell, resell, assign, pledge, license, sublicense, lease, loan, rent, timeshare, provide access to, deliver or otherwise transfer a Software Product or any Documentation, nor permit any third party to do any of the foregoing, (b) derive or attempt to derive the source code of all or any portion of the Software Products by any means, (c) permit any third party to derive or attempt to derive such source code, or (d) reverse engineer, decompile, disassemble, or translate the Software Products or any part thereof, or permit any third party to do any of the foregoing. The Device Software may be used only as part of and incorporated in the Product. You will notify Light in writing immediately if you become aware or suspect that (i) a third party has engaged in any of the foregoing or (ii) the security of the Software Products or Documentation has or may become compromised in any way.

Proprietary Notices. You may not alter, obscure or remove any copyright, trademark, proprietary rights, disclaimer, or warning notice included on or embedded in any part of any Software Product or Documentation (including those of third parties).

Prohibited Uses. You shall not use the Software Products in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, including without limitation to send or store unlawful or tortious material, including material harmful to children or which breaches third party privacy rights.

3. Certain Third Party Software

Light may utilize or include in the Software Products third-party software (“Third-party Software”) that is subject to third-party license terms set forth at here. You acknowledge and agree that, in addition to the applicable terms in this EULA, your right to use such Third-party Software in connection with the Software Products is subject to and governed by the terms and conditions of the third-party license applicable to such Third-party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this EULA and the terms of such third-party licenses, the terms of the third-party licenses shall control, only with regard to your use of the relevant Third-party Software. In particular, any Third-party Software components which are licensed under open source licenses requiring that the components remain under their original license, are being made available to you by Light under their original licensing terms.

4. Ownership

The Software Products are licensed, not sold to you. Light or its licensors, as applicable, shall own and hold all right, title and interest, including but not limited to copyright, patent, trade secret, and all other intellectual and industrial property rights, in and to the Software Products, the Documentation, and any changes, modifications or corrections thereto. To the extent permissible under applicable law: (a) you do not acquire any other rights, express or implied, in the Software Products other than those rights expressly granted under this EULA; and (b) all rights not specifically granted to you herein are retained by Light.

5. Term And Termination

Term. This EULA shall be effective upon the earlier of (a) your acceptance of this EULA (if applicable), or (b) your download, installation or operation of the Software Products or use of a Product on which a Software Product is pre-loaded, and shall continue until terminated in accordance with this Section 5.

Termination for Cause. Your rights under this EULA will automatically terminate if you fail to comply with any term of this EULA.

Effect of Termination. Upon termination of this EULA for any reason, you must immediately cease all use of the Software Products and destroy all copies of the Software Products. The licenses granted under Section 1 shall terminate immediately upon the termination of this EULA. Light’s failure to insist upon or enforce your strict compliance with this EULA will not constitute a waiver of any rights.

Survival. The following provisions will survive the termination of this EULA: Sections 2, 3, 4, 5 (Effect of Termination; Survival only), 6, 7, 8, 9, 10 and 11 (and the corresponding provisions in the EULA that are applicable to users based in the European Union, as set forth below).

6. No Warranty

The Software Products, Documentation, and any and all other material provided by Light to you under this EULA are provided to You “AS IS” without warranty of any kind. Light and its licensors and suppliers hereby disclaim any and all warranties, express, implied, or statutory with respect to the Software Products, including but not limited to any implied warranties of merchantability, non-infringement, title or fitness for a particular use or purpose. Neither Light nor its licensors or suppliers warrant that the Software Products will function without interruption or that they are error-free. You bear the entire risk as to lost data or content. Light and its licensors and suppliers hereby disclaim any and all responsibility for hosting or backing up your data or content. You bear the entire risk as to the operation and quality of the Software Products. YOU HEREBY ACKNOWLEDGE THAT THIS DISCLAIMER OF WARRANTY IS AN ESSENTIAL ELEMENT OF THIS EULA AND THAT LIGHT WOULD NOT ENTER INTO THIS EULA OR LICENSE YOU THE SOFTWARE PRODUCTS WITHOUT SUCH DISCLAIMER. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU, IN WHICH CASE THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO 30 DAYS FROM THE DATE THE SOFTWARE PRODUCT IS INSTALLED OR FIRST ACCESSED. YOU MAY HAVE OTHER LEGAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

7. Limitation Of Liability

In no event will Light or its licensors and suppliers be liable TO YOU, OR TO ANY PARTY CLAIMING THROUGH OR UNDER YOU, for any loss of profits or data, OR FOR ANY consequential, special, exemplary, incidental OR indirect damages OF ANY KIND, arising out of or RELATED TO this EULA, or YOUR use of, or the results obtained from, the Software Products, Documentation, or any other material provided by Light to You under this EULA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the aggregate amounts payable by Light or its licensors or suppliers to You shall not exceed $250. You acknowledge and agree that the FOREGOING limitations on liability are A fundamental part of the basis of Light’s bargain hereunder, and THAT IN THE ABSENCE OF SUCH LIMITATIONS THE TERMS AND CONDITIONS SET FORTH IN THIS EULA WOULD BE SUBSTANTIALLY DIFFERENT. THE LAWS OF CERTAIN JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF LIABILITY, SO THE ABOVE PROVISION MAY NOT APPLY TO YOU.

8. Changes

Light is constantly evolving its products. Light may change, upgrade or update the Software Products at any time, provided that they still meet the written descriptions we have provided to you, including as set out on the product description pages of our website (accessible here).

Light may also make changes to this EULA, in order to cover new products and services, reflect changes to the existing Software Products and comply with any changes to applicable law. If Light makes significant changes, these will be notified to you via electronic mail and/or the Light Products.

You will not be charged fees for changes to the Software Products without notice.

Fees may apply for additional services and products offered by Light and others, including, but not limited to, services that integrate with the Software Products or extend the functionality of the Software Products. If you want and agree to purchase these services, such fees shall apply.

9. Arbitration

(a) THIS SECTION INCLUDES AN ARBITRATION AGREEMENT AND AN AGREEMENT THAT ALL CLAIMS (EXCEPT AS SET FORTH IN SECTION 9(B)) WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING. PLEASE READ THIS SECTION 9 CAREFULLY. YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE OPT OUT PROCEDURE DESCRIBED BELOW.

(b) The parties both agree that any dispute or claim relating in any way to the Software Products will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify, (ii) Light may seek injunctive relief from any court with jurisdiction to preliminarily enjoin your use of the Software Products in any manner that Light alleges in good faith violates this EULA, and (iii) Light may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolved by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Light are each waiving the right to a trial by jury or to participate in a class action. If you do not want to arbitrate disputes with Light and you are an individual, you may opt out of this arbitration requirement by sending an email to [email protected] within 30 days of the first date you purchase the L16 Camera. This arbitration provision will survive any termination of this EULA.

(c) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Light Labs Inc., P.O. Box 800, Palo Alto, CA 94302 with an electronic copy (which will not constitute notice) to [email protected] If Light seeks to arbitrate a dispute Light has with you, Light will send a letter or email making the request and describing its claim using one of the contact methods you have provided or, if none is provided, at a location or address disclosed in public or third party records. If you are an individual, the arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used a Software Product on behalf of an entity, the AAA’s Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If you are an individual and have not used a Software Product on behalf of an entity, Light will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and Light will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The parties undertake to keep confidential all arbitration proceedings, including awards in their arbitration and all materials in the proceedings created for the purpose of the arbitration and all other documents produced by another party in the proceedings not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority.

10 Governing Law; Venue

The parties each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration each party waives any right to a jury trial.

The EULA shall not be governed by the 1980 United Nations Convention on Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the Sale of Goods, as amended; rather, this EULA shall be governed by the laws of California exclusively, without regard to conflict of law provisions. For any and all claims, other than those in small claims court or those in which Light is seeking injunctive relief pursuant to Section 9(b) above, jurisdiction for any court proceedings arising out of or relating to this EULA will be vested exclusively in, and venue will be in, the state or federal courts sitting in San Francisco, California, except that, following confirmation of an arbitration award in a state or federal court in San Francisco, California, a judgment arising from the same may be executed in any court of competent jurisdiction.

11. General

You acknowledge that your breach of this EULA will cause irreparable harm to Light for which monetary relief would be insufficient, and you hereby agree that Light will be entitled to seek injunctive relief as well as such further relief as may be granted by any court of competent jurisdiction. The parties hereto are independent contractors. Nothing in this EULA will be deemed to create an agency, employment, partnership, fiduciary or joint venture relationship between the parties. Neither party (nor any agent or employee of that party) is the representative of the other party for any purpose and neither party has the power or authority as agent, employee or in any other capacity to represent, act for, bind or otherwise create or assume any obligation on behalf of the other party for any purpose whatsoever. Neither this EULA nor any rights or obligations under this EULA may be assigned or delegated by you, by operation of law or otherwise, without the prior written consent of Light, which consent may be granted or withheld in Light’s sole and absolute discretion. Any attempted or purported assignment or delegation by you in violation of the previous sentence will be null and void and without effect. You will use the Software Products only as permitted by any applicable law, including without limitation laws, regulations or restrictions regarding the import, export or resale of data or software, privacy laws or local laws. All notices, requests and other communications under this EULA must be in writing, and must be mailed by registered or certified mail, postage prepaid and return receipt requested, or delivered by hand to the party to whom such notice is required or permitted to be given, at the address set forth herein or provided as part of the license order process. If mailed, any such notice will be considered to have been given five business days after it was mailed, as evidenced by the postmark. If delivered by hand, any such notice will be considered to have been given when received by the party to whom notice is given, as evidenced by written and dated receipt of the receiving party. Either party may change its mailing address by notice as provided by this Section. If any provision of this EULA will be held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this EULA will remain in full force and effect, and the provision or portion thereof affected will be construed so as to be enforceable to the maximum extent permissible by law. All waivers must be in writing. Any waiver of either party to enforce a provision of this EULA on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion. This EULA may only be amended by a written document signed by both parties. This EULA is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between them. If you are a branch or agency of the United States Government or obtaining the Software Product pursuant to a United States Government contract, then the following provision applies. The Software Product is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software Product with only those rights set forth therein.

IF YOU ARE A USER BASED INSIDE THE EUROPEAN UNION (INCLUDING THE UNITED KINGDOM), THE FOLLOWING APPLIES:

1. Permitted Decompilation

Notwithstanding Section 2 (General) of the EULA:

You may decompile the Software Products where required in order to obtain the information necessary to create an independent program that can be operated with the Software Products or with another program, and provided that the information obtained by you during such activities: (i) is used only for the above objective; (ii) is not disclosed or communicated without Light’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve that objective; and (iii) is not used to create any software that is substantially similar in its expression to the Software Products.

2. Termination for Cause

Section 5 (“Termination for Cause” only) of the EULA is replaced with the following:

Light may terminate your rights under this EULA immediately on notice if you breach this EULA in a material way. To the extent your breach is capable of being rectified, Light will first give you an opportunity to do so within a reasonable timeframe before terminating.

3. Light’s Responsibility and Liability

Sections 6 (“No Warranty”) and 7 (“Limitation of Liability”) of the EULA shall not apply to you. Instead, the following are Light’s responsibility and liability with respect to the Software:

Exclusions Prevented by Law. Light does not exclude or restrict its liability to the extent it would be unlawful to do so, including liability for death or personal injury caused by its negligence or for Light’s fraud or fraudulent misrepresentation.

No Liability for Unforeseeable Loss and Damage. Light is not responsible for loss or damage resulting from Light’s failure, that is not ‘foreseeable’. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this EULA is made, both Light and you are aware that it might occur.

No Liability for Commercial Losses. The Software Products are provided for private use only. Light has no liability for any loss of profit, loss of business, loss of contracts, business interruption, or loss of business opportunity.

Limited Liability for Damage to your Property. Light will not be liable for damage caused by the Software Products to your device or other digital content, where either: (i) this could have been avoided by installing or accepting an update from Light; or (ii) the damage was caused by you failing to correctly follow Light’s installation instructions or system requirements.

No Liability regarding Software Compatibility. Except as we expressly state, the Software Products are not designed to be compatible with or used in conjunction with any other software applications. Light is not responsible for any loss caused by use of the Software Products in conjunction with such other software applications.

No Warranty Regarding Suitability for Individual Requirements. The Software Products have not been developed to meet your specific requirements. To the extent permitted under applicable law, it is your responsibility to ensure that the Software Products as described in the Documentation are suitable for your intended purposes.

Your Responsibility for Back Up. It is your responsibility to back-up all content and data that you require, which is stored on the Software Products.

No Liability for Events outside of Light’s Control. Light is not responsible for events outside its control, provided that Light will notify you as soon as possible, take steps to minimise the effects of the delay and, where appropriate, enable you to end your contract with Light and receive any relevant refund.

4. Governing Law and Disputes

Section 9 (“Arbitration”) and Section 10 (“Governing Law; Venue”) of the EULA do not apply and are instead replaced with the following:

These terms are governed by the laws of the State of California. However, the additional consumer rights and protections you are entitled to under the laws of the country in which you are based will also apply. In the event of any dispute which you are not able to resolve by contacting us, you can bring legal proceedings in the courts. Alternatively, you may submit any dispute to the European Commission Online Dispute Resolution platform for online resolution.

5. General

Section 11 (“General”) of the EULA does not apply and is replaced by the following:

Neither this EULA nor any rights or obligations under this EULA may be assigned or delegated by you, by operation of law or otherwise, without the prior written consent of Light. Consent may be granted or withheld in Light’s sole and absolute discretion.

You will use the Software Products only as permitted by applicable law, including without limitation laws, regulations or restrictions regarding the import, export or resale of data or software, data protection laws and other local laws.
All notices, requests and other communications to Light must be in writing and sent either by email or post to the following addresses:

[email protected]
Light Labs Inc.
PO Box 800
Palo Alto, CA 94302

If any provision of this EULA is held invalid or unenforceable by a court, the remaining provisions of this EULA will remain in full force and effect (and the specific provision deemed invalid or unenforceable will be enforceable as far as permitted).

If Light does not insist immediately that you do anything required in accordance with these terms or delays in taking action regarding your breach, this will not prevent Light insisting or taking action at a later date.

 
 

PRODUCTS PRIVACY POLICY

This Products Privacy Policy (“Privacy Policy”) describes how Light Labs Inc. (“Light,” ”we” “us” or “our”) collects, uses, discloses and secures information collected from or about users (“users” or “you” or “your”) resulting from or relating to your use of Light’s camera products, hardware, software, and applications, including desktop and mobile applications (the “Light Products”), but excluding Light’s website and any services provided or accessed via Light’s website. Any use of Light’s website, or the services Light provides via its website, is instead subject to Light’s Website Privacy Policy, located here .

Certain provisions differ for users based in the European Union (including the United Kingdom). Where this is the case, it is indicated below.

Summary of Certain Key Points to Note:

Advanced, innovative Internet-connected devices, such as Light L16®, collect, use, store and share data. Please read this Privacy Policy carefully as by accessing and using a Light Product you are consenting to the terms of this Privacy Policy.

The Light Products automatically collect, use, and store certain data (including Personal Information) such as system tracking, device IDs, error issues, geolocation and product usage reporting data. Your Light Products will then automatically share certain of that data with Light, unless you opt out of the automatic sharing of such data during the start-up process or at any time via the settings menu. Light uses the data for various reasons, including to analyze usage patterns and trends (and Light shares some of its analysis with its distribution partners and third party providers). If you do not opt out of automatic sharing, Light will use, store and share data collected by your Light Products as described above, in accordance with this Privacy Policy. If you opt out of automatic sharing, your Light Products will not automatically transmit any information to Light unless you proactively chose to provide us with this information via the Light Products or otherwise. Users based in the EU should note that Personal Information will be stored and processed by Light and other parties in the USA.

1. What Information Do We Collect About Our Users?

We, and third parties on our behalf, collect Personal Information and Non-Personal Information via the Light Products. Certain information stored on the Light Products will not be automatically transmitted to Light, but you may proactively provide us with such information, as set forth herein. Other information stored on the Light Products will (where Light Products are online) be automatically transmitted to Light, again as set forth herein. Personal Information collected by Light from the Light Products will also be combined or linked with information collected via another application or service, including through our website, in a manner that identifies/further identifies you or another specific natural person.

For purposes of this Privacy Policy:

2. How Do We Collect the Information About Our Users?

We collect information about our users in several different ways:

Information Provided by the User:

You may proactively provide Light with certain information as described below.

Light collects additional information via its website. Such collection is governed by the Website Privacy Policy, as noted above.

Automatically Collected Information:

When you use your Light Products, Light automatically collects certain information as described below. This information is transmitted to Light either directly from your Wi-Fi-enabled Light camera or via Light’s desktop or mobile application. We also collect such information through the use of third-party applications. You will be asked to consent to this collection of information as part of your initial set-up of the Light Products. If you have not given consent or have subsequently opted out of such collection by Light, your Light Products [may] still collect this information, but they will not transmit this information to Light (unless you proactively provide us with this information after refusing consent or opting out).

Anonymization and Aggregation:

When we collect information that could identify you personally, we ‘anonymize’ it for certain purposes. We remove data fields that can reasonably be used by third parties to identify you. We also use a variety of statistical techniques and operational controls to anonymize data. Anonymizing information is one of the tools we use to protect your privacy. We also combine data into anonymous groups, and analyze it. We call this ‘aggregation’.

In particular, the usage data we extract and the crash reports are anonymized by the creation of a Universally Unique Identifier (“UUID”) that will not be combined or associated with other Personal Information and will not be tied back to you unless done so at your request, i.e., you provide the device or the UUID to us or to an authorized representative of ours.

Information from Third Party Partners:
If you connect to a third party (such as a social network) through the Light Products, you are authorizing Light to collect, store, and use any and all information that you agreed that the network or other third party platform could provide to us based on your settings on the third party network or platform. Our use of any information provided by a third-party network or platform will be in accordance with this Privacy Policy.

The privacy practices set forth in this Privacy Policy are applicable only to the Light Products. If you link to or obtain information from third party applications, websites or other online services, please be aware that Light does not control the privacy practices of such applications, websites or services and your use of any information received from such websites or services shall be governed by the policies of those applications, websites or services.

3. How Do We Use the Information?

The information we collect from and about you and your Light Products will be used:

4. Who Do We Disclose the Information To?

Disclosure to Third Parties: If you choose to share your Content with any media services or sites (like Instagram or Facebook), then your Content will be shared with users of those social media services with which you have chosen to share. In that case, any information you share will be governed under the third party’s privacy policy and your privacy settings on those services. Please note that such Content may contain geolocation or other metadata information that may be disclosed to third parties in the event you share such Content. We will disclose your information to such third parties as required to allow you to upload Content to third party websites and applications.

Disclosure to Our Third-Party Partners: We disclose anonymized user data to third parties who are working with Light to develop Light Products and products or services to be used on, in or with Light Products, such as third-party accessories and applications. When we supply information to these third parties, we require them to use it only for the purpose for which they are working with Light, and prohibit disclosure except at our direction. Light does not share, sell, rent, or trade information it collects from users with any third party partners for their promotional purposes.

Disclosure to Our Third-Party Service Providers: We disclose your information to our third party service providers (e.g., fulfillment and repair partners, analytics companies, etc.). When we supply information to these third parties, we require them to use it only for the purpose for which they are working with Light, and prohibit disclosure except at our direction and consistent with the services they are contracted to provide.

Legal Disclosures: Light will (where applicable) disclose information about you and other users of the Light Products with or without your consent, and with or without notice, to comply with a valid legal obligation, for example a subpoena (in the USA) or a court order. We may also disclose this information about you and other users of the Light Products when we reasonably believe that the disclosure of information is necessary to establish, exercise or defend legal claims, protect or defend the property, safety and security of Light, our users, the public and third parties, or to prevent imminent physical harm.

Business Transfers: We may provide your information to a third party in connection with the sale, transfer or reorganization of some or all of Light or its assets, and any such acquirer or transferee will have the right to use, store and disclose such information subject to the terms of this Privacy Policy.

5. Your Choices

Our aim is to provide you with clear choices over your information. You may opt out of the automatic collection of data by Light during the start-up process or at any time in the settings menu.

6. Data Storage and Security

Data security is very important to us. Your information collected by Light via the Light Products will be collected, processed and secured using reasonable operational, technical and administrative measures.

Light will retain your information for the period necessary to enable you to use the Light Products and to enable Light to establish or respond to any legal claims in respect of the Light Products or this Privacy Policy (and for any longer retention period required by law).

To make a complaint about how we process your Personal Information, please contact us in the first instance using the details set out below and we will endeavor to deal with your request as soon as possible. This is without prejudice to your right to launch a claim with the Information Commissioner’s Office.

7. How Do We Make Changes to This Policy?

We may periodically modify this Privacy Policy. If we make significant changes to the Privacy Policy, we will notify you via electronic mail and/or the Light Products indicating that the Privacy Policy has been changed. By continuing to access and use the Light Products you are consenting to the revised Privacy Policy.

8. Contact Information

If you have any questions, comments or concerns about this Privacy Policy, please contact us at:

Email address: [email protected]

Light Labs Inc.
PO Box 800
Palo Alto, CA 94302

If you are a user based inside the EUropean union (including the United Kingdom), the following additional provisions apply:

1. Transfer of Personal Information Outside the EU

Light is a corporation organized under the laws of the United States. Certain third parties with whom Light shares your Personal Information (as detailed above) are also based in the USA. Please note that the information you submit to Light or that is collected by Light via the Light Products will be transferred to, and collected, processed, stored and used in the United States.

2. User Rights

As a user based inside the EU, you have certain rights relating to the Personal Information we process. These include the following.

 
 

Website Privacy Policy

This Privacy Policy (the "Policy") describes how Light Labs Inc. ("Light"), who will be the data controller of your personal information collected through the Site, collects, uses, shares and protects the personal information you provide on https://light.co/ (the "Site"). The Policy is not a contract. We will change it from time to time, as detailed further below. If you have questions about our use of your information, please contact us.

Summary of Certain Key Points to Note:

As detailed in this Policy, Light collects Personal Information regarding your usage of the Site (including which pages you visit) and other Sites (for example, the identity of any third party sites you click to from our Site). Light uses that information for various reasons, including to build up generic user profiles to allow it to better target potential customers and to inform you of products and services similar to those you have purchased.

Certain terms in this Policy apply only to users based in particular locations (e.g. the EU). Where this is the case, it is indicated below. Users based in the EU should note in particular that Personal Information will be stored and processed by Light and other parties in the USA.

1. Information Covered by this Policy

This Policy applies to any personally identifiable information about you and others ("Personal Information") that you may provide to Light when you use our Site.

2. How We Collect Personal Information on this Site

Using the Site
We will collect from you certain personal details when you make a ‘reservation’ or place an ‘order’ (including your name, address, email address).

We and third parties also collect information about your use of the Site, such as the browser and other programs you use to access the Site, certain diagnostic information about the operation of your device, information about how you found our Site, how you navigate through the Site (including how much time you spend on each part of the Site and the Site overall), if you connect to a third-party site from our Site, the identity of the third party site and your IP address.

We also collect personal details which you share through any interactive Site features from time to time, including user forums and similar.

If you are a user based inside the EU (including the UK), the following additional provision applies:
Our third party authorized reseller and merchant of record will also collect from you further personal details (including shipping, billing and payment information), which will be shared with us.

3. How We Use Personal Information Collected via this Site

We use the Personal Information collected via the Site as follows:

 
 

4. Cookies

Cookies are data files that website operators place on a user's computer while the user is browsing a website. The types of cookies we use can be broken down as follows (as further detailed in the ‘Cookie Table’ below):

Certain cookies we use are ‘session’ cookies, while others are ‘persistent, as described below:

[The cookies we use on the Site include cookies which collect session data (e.g. the parts of our Site which you visit), location data (i.e. where you are accessing the Site from) and the websites you visit our Site from. We use cookies to optimize the Site, personalize content, improve the user experience and to record which products and services may be of interest to you (e.g. where you have started to place a ‘reservation’ or ‘order’). Third parties also place cookies on our Site so that we can better advertise Light’s products and services to other potential users. Further details are set out in the ‘Cookie Table’ below)].

Most browsers allow you to disable the use of cookies by a website, but doing so may cause some portions of the Site to operate other than as intended, and may prevent you from accessing any password protected portions of the Site. You can find more information about cookies and how to manage them at http://www.allaboutcookies.org/.

 
 

Additionally, if you'd like to opt out of third party cookies used on our Site which are operated by any of the following organisations (without disabling cookies entirely), please follow the links in the ‘Cookie Table’ below.

Cookie Table:

tr>
Name of cookie Type of Cookie Purpose of cookie Persistent/session Opt-in
Freegeoip Necessary Function Freegeoip is a service that allows us to determine where a website visitor is located in the world based on the visitors IP Address. This allows us to serve the correct content to a user depending on their locale. It is a necessary function of our website. Session N/A
Google Analytics Analytical/Performance Helps us understand how users engage with our Site. Like many services, Google Analytics uses first-party cookies to track user interactions, as in our case, where they are used to collect information about how users use our Site. This information is used to compile reports and to help us improve our Site. The reports disclose website trends without identifying individual visitors. Persistent
Google Optimize Analytical/Performance Modifies content on the page to test different versions of the website. This allows us to improve the user experience. Session
Crazy Egg Analytical/Performance Analyzes user behavior and helps improve web functionality Persistent
Google Advertising Advertising Used to offer interest-based advertisements to users who have already previously visited our Site. Persistent
Facebook Advertising Advertising Used to offer interest-based advertisements to users who have already previously visited our Site. Persistent

5. Transfer of Data Outside of the EEA

If you are a user based inside the EU (including the UK), the following additional provision applies: Light is a corporation organized under the laws of the United States. Certain third parties with whom Light shares your personal information (as detailed below) are also based in the USA. By providing your Personal Information to us and using this Site, you acknowledge that you are allowing such Personal Information to be transferred to, collected, processed, stored and used the USA.

6. Information Sharing

Light does not sell your Personal Information to any other organization for commercial reasons.

Light does transfer your Personal Information to its providers for the purposes of processing and fulfilling your ‘reservation’ or ‘order’ and processing your payment.

Light also shares your Personal information with third parties to enable us to better target our products and services (as further detailed above).

Light may transfer your Personal Information to another legal entity as part of the sale of some or all of Light or its assets, or as part of a merger of Light with any other entity, including third parties. We also reserve the right to share Personal Information with those providing financing to us and their respective advisors (again in the context of a sale/merger). You will be notified via email or notice on our Site of any change in our ownership.

Light will share your Personal Information to the extent necessary to comply with a valid legal obligation (for example, in order to comply with a Court order).

If you are a user based inside the EU (including the UK), the following additional provision applies: Light transfers your Personal Information to our third party authorized reseller and merchant of record when you carry out a ‘reservation’ or ‘order.’ Note that some of the third parties with whom we share your Personal Information (as detailed above) are based in the USA.

7. Children Under 13

This Site is not intended for children under 13 years of age and no one under age 13 may provide any Personal Information to us through our Site. Light does not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on the Site. If we learn we have collected or received Personal Information from a child under 13 we will delete that information.

8. Your Rights

If you are a user based inside the state of California, the following additional provision applies: California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes.

If you are a user based inside the EU (including the UK), the following additional provision applies: In accordance with local law, users who are EU (including UK) residents have the following rights:

9. Retention

Light will retain your Personal Information for the period necessary to enable you to complete any orders or enquiries and to enable Light to establish or respond to any legal claims (and for any longer retention period required by law).

10. Miscellaneous

Any capitalized term not defined in this Policy has the meaning given to it in our Website Terms of Use.

11. Contact Us

If you have any questions, comments or concerns about this Policy, please contact us at:

Email address: [email protected]

Light Labs Inc.
PO Box 800
Palo Alto, CA 94302

Changes to the Policy

We make changes to our Policy from time to time. The current version of this Policy will be available on the Site from a link available at the bottom of each page labelled “Privacy.” We will provide you with prior notice of material changes, via a notice on the Site or by some other suitable method.

Website Terms of Use

These Terms of Use (“Terms”) constitute an agreement between you and Light Labs Inc. (“Light”) that will govern your use of https://light.co/ (the “Site”) and (except as set out below) all material available on it.

If you are located in the European Union (including the United Kingdom) different terms apply in certain instances, as set forth here.

1. Information About Us

Light Labs Inc. is incorporated in the USA under registration number 5279571 and with its principal place of business at 636 Ramona Street, Palo Alto, CA 94301.

2. Acceptance of These Terms

Before accessing the Site, please read the following terms and conditions carefully. These Terms govern your access and use of the Site and Services (collectively, “Services”). By accessing this Site, you agree that you have read, understood, and agreed to these Terms and that you understand any personal information you provide may be handled as provided in our Website Privacy Policy. If you do not agree to these Terms, you may not access or use the Site.

By using the Site, you confirm that you are of legal age to form a binding contract with Light.

3. Other Terms

If you place an ‘order’ for any Light product, that order will also be governed by Light’s Terms and Conditions of Purchase and all terms and conditions incorporated therein by reference.

If you are in the European Union and you place a ‘reservation’ for any Light product, that reservation will also be governed by Light’s Reservation Terms and Conditions and, as further explained in our Reservation Terms and Conditions, a separate set of terms and conditions which are entered into between you and our third party authorized reseller and merchant of record (accessible at https://light.co/legal).

4. Your Rights to Use the Site

Subject to your compliance with these Terms, Light grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Site and Services, subject to the limitations described in the remainder of this section and elsewhere in these Terms.

The rights granted to you in the paragraph above and elsewhere in these Terms are subject to the following limitations:

Light may view, monitor, and record activity on the Site, as set out in our Website Privacy Policy.

5. Intellectual Property

The materials used and displayed on the Site, including but not limited to text, software, photographs, graphics, illustrations, artwork, video, music, and sound, and names, logos, trademarks and service marks, are the property of Light or its affiliates or licensors and are protected by copyright, trademark and other laws. Any and all such content may be used solely for your personal, non-commercial use.

You agree not to copy, modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material without the prior express written consent of Light.

The terms Light, Light Labs, light.co, L16, and other Light trademarks and services marks, as well as all associated logos, related names, product and service names, designs, and slogans are trademarks of Light or its affiliates or licensors. You may not use such marks without the prior written consent of Light. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

If you believe any content or materials on the Site and/or Services infringe your copyright, you may request removal of such content or materials by contacting Light by mail at ATTN: Legal Department, 636 Ramona Street, Palo Alto, CA 94301, ATTN: insert or email at [  ], and providing the following information:

6. Third-Party Content and Links

Some of the information or other materials available on the Site may have been prepared by third parties not affiliated with Light. This may include user generated content and content from any other organizations which is ‘framed’ on the Site. Light makes no warranties with regard to such information or other materials, nor does Light assume any responsibility or liability for any decisions based upon such information or other materials or for any use of such products.

The Site may include links to sites and services not provided by Light. Your interaction with these sites and services will be subject to the terms (including privacy policies) established by such sites or services. Light is not responsible for, and does not endorse or warrant in any way, any materials, information, goods, or services available through or advertised on such sites or services, or the privacy or other practices of such sites or services.

7. Security

Use of certain portions of the Site may require that you create and maintain a username and password (collectively “Account Credentials”). If so, you will be asked to create unique Account Credentials that may only be used by you. You understand and acknowledge that anyone with knowledge of your Account Credentials may gain access to any information, including your Personal Information, you have stored in the password-protected portion of the Site. You agree to keep your password secret, to notify us if your password is lost or compromised, and to be solely responsible for the confidentiality and use of your Account Credentials.

8. Termination

Light reserves the right, in its sole discretion, to immediately modify, suspend or terminate the Site and/or Services, and/or your access to some or all of them without cause and without notice.

9. Disclaimer of Warranties

YOU UNDERSTAND AND EXPRESSLY AGREE THAT: YOUR USE OF THE SITE AND/OR SERVICES IS AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LIGHT DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OTHER THAN THOSE EXPRESSLY SET OUT IN THESE TERMS AND, WITHOUT LIMITATION, DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS IMPLIED BY LAW, CONVENTION, COURSE OF DEALING OR OTHERWISE (INCLUDING ANY WARRANTY OF MERCHANTABILITY) TO THE FULLEST EXTENT PERMITTED BY LAW. LIGHT MAKES NO WARRANTY THAT THE SITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL OPERATE UNINTERRUPTED OR IN A TIMELY, SECURE, OR ERROR-FREE MANNER, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ACCESSIBLE FROM OR PROVIDED IN CONNECTION WITH THE SITE. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10. Limitation of Liability

SUBJECT TO THE PARAGRAPH BELOW, LIGHT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, RESULTING FROM (A) THE USE OR THE INABILITY TO USE, OR THE CONTENT INCLUDED IN, THE SITE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (C) ANY BREACH OF THESE TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF LIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Nothing in this agreement shall limit or exclude any party’s liability for personal injury or death caused by that party’s negligence or for fraud or fraudulent misrepresentation.

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE.

11. Indemnification

You agree to indemnify and hold each of Light, its subsidiaries, affiliates, officers, directors, and employees, and any third parties providing content included in the Site, harmless from any claim or demand (including, but not limited to, reasonable legal fees) made by any third party due to or arising out of your use of the Site. The foregoing clause does not apply if you are based in the European Union.

12. Assignment

Light may transfer its rights and obligations under these Terms, in part or as a whole, to another legal entity as part of any sale or merger of all or part of Light with a separate legal entity.

Arbitration

(a) THIS SECTION INCLUDES AN ARBITRATION AGREEMENT AND AN AGREEMENT THAT ALL CLAIMS (EXCEPT AS SET FORTH IN SECTION 13(B)) WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING. PLEASE READ THIS SECTION 13 CAREFULLY. YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE OPT OUT PROCEDURE DESCRIBED BELOW.

(b) The parties both agree that any dispute or claim relating in any way to these Terms will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify, (ii) Light may seek injunctive relief from any court with jurisdiction to preliminarily enjoin your use of the Site in any manner that Light alleges in good faith violates these Terms, and (iii) Light may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolved by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Light are each waiving the right to a trial by jury or to participate in a class action. If you do not want to arbitrate disputes with Light and you are an individual, you may opt out of this arbitration requirement by sending an email to [email protected] within 30 days (i) of first using the Site or (ii) the date this Terms were last modified, whichever is later. This arbitration provision will survive any termination of these Terms.

(c) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Light Labs Inc., P.O. Box 800, Palo Alto, CA 94302 with an electronic copy (which will not constitute notice) to [email protected] If Light seeks to arbitrate a dispute Light has with you, Light will send a letter or email making the request and describing its claim using one of the contact methods you have provided or, if none is provided, at a location or address disclosed in public or third party records. If you are an individual, the arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used this Site on behalf of an entity, the AAA’s Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If you are an individual and have not used this Site on behalf of an entity, Light will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and Light will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The parties undertake to keep confidential all arbitration proceedings, including awards in their arbitration and all materials in the proceedings created for the purpose of the arbitration and all other documents produced by another party in the proceedings not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority.

(d) The parties each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration each party waives any right to a jury trial.

(e) This section does not apply if you are based in the European Union (including the United Kingdom).

13. Governing Law; Venue

These Terms shall be governed by the laws of California exclusively, without regard to conflict of law provisions. For any and all claims, other than those in small claims court or those in which Light is seeking injunctive relief pursuant to Section 8(b) above, jurisdiction for any court proceedings arising out of or relating to these Terms will be vested exclusively in, and venue will be in, the state or federal courts sitting in San Francisco, California, except that, following confirmation of an arbitration award in a state or federal court in San Francisco, California, a judgment arising from the same may be executed in any court of competent jurisdiction. This section does not apply if you are based in the European Union (including the United Kingdom).

14. Waiver and Severability

No waiver by Light of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Light to assert a right or provision under these Terms will not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

These Terms are the complete and exclusive statement of the agreement between you and Light concerning the Site and/or Services. These Terms replace and supersede any prior or contemporaneous oral or written agreement and any other communications between you and Light.

15. Geographic Restrictions

Light is based in the State of California in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States or EU (including the UK). Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States or EU (including the UK), you do so on your own initiative and are responsible for compliance with local laws.

16. Contact Us

If you have any questions, comments or concerns about these Terms, please contact us at:
Email address: [email protected]

Light Labs Inc.
PO Box 800
Palo Alto, CA 94302
Please note that communications made to [email protected] will not constitute legal notice to Light, its officers, employees, agents, or representatives.

17. Changes to These Terms

Light regularly reviews these Terms and may revise or update them from time to time. Changes to these Terms become effective immediately upon their posting on the Site and your continued use of the Site following the posting of revised Terms represents that you have read, understood, and agreed to the changes. The most recent version of these Terms will be maintained on the Site.

IF YOU ARE A USER BASED INSIDE THE EUROPEAN UNION (INCLUDING THE UNITED KINGDOM), THE FOLLOWING APPLIES:

1. Disclaimer of Warranties

Section 9 (“Disclaimer of Warranties”) of the Terms does not apply. Instead, the following applies:
The content of our Site is not intended to amount to advice. Where appropriate, you should obtain specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

Although we make reasonable efforts to update the information on our Site, we cannot guarantee that the content is accurate, complete or up to date.

We do not guarantee that our Site is or will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.

2. Limitation of Liability

Section 10 (“Limitation of Liability”) of the Terms does not apply. Instead, the following applies:

No Liability for Unforeseeable Loss and Damage. Light is not responsible for loss or damage resulting from your use of the Site that is not ‘foreseeable’. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you acknowledge and agree to these Terms, both Light and you are aware that it might occur.

No Liability for Commercial Losses. The Site is provided for private use only. Light has no liability for any loss of profit, loss of business, loss of contract, business interruption, or loss of business opportunity in connection with your use of the Site.

Exclusions Prevented by Law. Light does not exclude or restrict its liability to the extent it would be unlawful to do so, including liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation.

With regard to customers in Germany, the following shall also apply: nothing shall limit or exclude our liability for damages caused by intentional misconduct, gross negligence or culpable breach of an essential contract duty. An essential contractual duty is an obligation whose fulfillment is a prerequisite for enabling the proper performance of the contract and on whose fulfillment you may reasonably expect to be able to rely on.

3. Disputes; Governing Law.

Sections 13 (“Arbitration” and 14 (“Governing Law; Venue”) do not apply. Instead, the following applies:

These Terms are governed by the laws of the State of California. However, the additional consumer rights and protections you are entitled to under the laws of the country in which you are based will also apply.

In the event of any dispute which you are not able to resolve by contacting us, you can bring legal proceedings in the courts.

Alternatively, you may submit any dispute to the European Commission Online Dispute Resolution platform for online resolution.

4. Waiver and Severability.

Section 15 (Waiver and Severability) does not apply. Instead the following applies:

If Light does not insist immediately that you do anything required in accordance with these Terms or delays in taking action regarding your breach, this will not prevent Light insisting or taking action at a later date.

If any provision of these Terms is held invalid or unenforceable by a court, the remaining provisions of these Terms will remain in full force and effect (and the specific provision deemed invalid or unenforceable will be enforceable as far as permitted).

 
 

Third Party Software

QT
https://www1.qt.io/terms-conditions/

Ceres
https://code.google.com/p/ceres-solver/

RapidJSON
https://code.google.com/p/rapidjson/source/browse/branches/version0.1x/license.txt?r=52

Google Flags
https://github.com/gflags/gflags/blob/master/COPYING.txt

zlib
http://www.zlib.net/zlib_license.html

Google Log
https://code.google.com/p/google-glog/source/browse/trunk/COPYING

libjpeg-turbo
http://www.libjpeg-turbo.org/About/License

vlfeat
http://www.vlfeat.org/license.html

cpuid
http://libcpuid.sourceforge.net/index.html

Android OS
https://source.android.com/source/licenses.html

Dagger 2
http://google.github.io/dagger/

Protobuf
https://developers.google.com/protocol-buffers/

Protobuf C
https://github.com/protobuf-c/protobuf-c

Glide
https://github.com/bumptech/glide

jemalloc
https://github.com/jemalloc/jemalloc

snprintf
http://svn.apache.org/repos/asf/tomcat/jk/tags/JK_1_2_32/native/common/ap_snprintf.c