PRE-ORDER TERMS AND CONDITIONS
Welcome to Light - reimagining photography. We invite you to pre-order ("Pre-Order") Light's L16 Camera ("L16 Camera") which we hope will begin shipping in 2017. When you place a Pre-Order for the L16 Camera (or any other Product) you agree that at the point of submitting the Pre-Order, you and we will have formed a binding legal contract and are bound by these Pre-Order Terms and Conditions (“Terms”).
You can place a Pre-Order through our website. Such page will include the details and quantities of the Products you have Pre-Ordered and the price of the Products (including any taxes and delivery costs). Prior to confirming your Pre-Order you will be given the opportunity to review your Pre-Order, which you will be able to amend before confirming. You will pay for your Product in 2 installments, the first to be made when you place your Pre-Order, the second when your order is ready to be shipped (see #3 below).
If you are a resident of the United States (including its possessions and territories), by accepting these Terms you are agreeing to the Arbitration Agreement and class action waiver described in Section 14 to resolve any disputes with Light (except for matters that may be taken to small claims court).
All references to “Light” herein means the Light Labs, a Delaware corporation (registration number: 5279571), ph: (650)-257-8100, with its principle place of business at 636 Ramona St. in Palo Alto, CA 94301
1. The Products
Light is offering for Pre-Order its L16 Camera and may, at is discretion, offer other Light products (collectively, "Products") for Pre-Order. These Terms apply to any and all Pre-Orders for Light's Products on our website (https://light.co/ or the "Site"). Light may also, at its discretion, produce and offer products to pre-order customers at no additional charge. While the possibility of these products may be mentioned on our website (https://light.co/ or the "Site"), there is no guarantee that these products will be produced, and there is no guarantee that these products will be delivered to pre-order customers at no additional charge.
When you Pre-Order a Product you will be required to provide 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@example.com.
3. Processing and Payment
All prices are in United States Dollars, unless otherwise stated. Applicable taxes and fees will be applied to the final payment.
All prices are in United States Dollars, unless otherwise selected by the customer on the website. Applicable taxes may vary and taxes, import duties, foreign exchange fees, other government charges and fees are included in the price stated when you make your Pre-Order but will be payable by you as part of the second and final payment made by you. Please see Luzern’s terms and conditions for further details.
UK customers : http://uk.light.co/pages/terms-and-conditions
Other EU customers in areas of service: http://eu.light.co/pages/terms-and-conditions
5. Product Delivery and Shipping
Light expects that the L16 Camera will be available to ship to Pre-Order customers in 2017, subject to reasonable delays in design, manufacturing, and/or delivery.
Approximately one month before Light expects to ship your Pre-Order, you will receive an email from Light at the email address you provided during Registration. This email will provide the estimated date of shipping of your Product and instructions for how you can change the shipping address at which you would like to receive your Product(s). Your failure to promptly provide an updated shipping address may result in a delay in receiving your Product(s) at that address.
The expected shipping date provided in the email referred to above is only an estimate and is subject to change. Light does not represent or warrant that it will be able to ship the Product by the estimated date. You hereby accept that currently we are not able to commit to a fixed shipping or delivery date and you will be notified of updates to the same in due course. In the event that a delay arises for any reason, foreseen or unforeseen, and the estimated shipment and/or release dates for the Product are not met, Light will not be responsible for any damages that may occur due to the delay or cancellation of the Product, and Light will not be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays or cancellations. You expressly acknowledge and understand that, as described in Section 6, below, Light makes no representations or warranties that it will ship a Product.
In the event of any failure to deliver a Product, refunds will be offered as described in Section 6, below and this shall be your only remedy for non-delivery.
6. Cancellation and refund policy
Light believes in the quality of the Products it is developing and is excited to offer them for Pre-Order. Your Pre-Order is a sign that you share in our excitement for our Products and your support for what we are trying to achieve. If, for any reason, before your Pre-Order ships you decide that you wish to cancel your Pre-Order, you may do so by contacting us at firstname.lastname@example.org.
Please provide us with your name, email address, and order number and we will refund the total Pre-Order deposit payment you have made to date back to the method of payment you used to place your Pre-Order.
If Light cannot not deliver the Products you Pre-Ordered , you will receive an email from Light at the email address you provided during Registration informing you that your Pre-Order has been cancelled and we will refund the total Pre-Order deposit payment you have made to date back to the method of payment you used to place your Pre-Order.
If we are aware that our refund payment has not gone through to your payment method, we will notify you as soon as is reasonably practicable and will inform you of how you can contact us to arrange for an alternative method to receive a refund payment.
7 Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement, sent by email to email@example.com or via certified mail to Light Labs, 636 Ramona St., Palo Alto, CA 94301. You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
8 Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, 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 from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us or our official distribution partner without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
9. Intellectual property
You understand and agree that the Product will be delivered subject to the terms of our End User License Agreement ("EULA") available here or such amended version of such EULA as are then generally in effect for the sale of the Product.
Among other things, the EULA will grant you a limited license to use such Light software as may come pre-loaded on our Products, as well as any desktop software included with our Products (collectively, "Software"), but will restrict your ability to copy, modify, and/or alter the Software, and prohibit the disassembly, decompilation, and/or reverse engineering of the Software. Light will only grant you a license to use our Software if you affirmatively agree to our EULA during the installing our Software or during the initial setup and subsequent use of our Products. Please read the EULA upon receipt of the Product. If you do not agree with all of the terms of the EULA, do not download or install any Software or use any Product on which the Software is pre-loaded.
YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE FOLLOWING TWO CLAUSES.
10. Limited warranty
TO THE EXTENT POSSIBLE UNDER APPLICABLE LAW, AND EXCEPT FOR ANY PRODUCT WARRANTY SEPARATELY PROVIDED BY LIGHT TO YOU IN CONNECTION WITH YOUR PURCHASE OF A PRODUCT, LIGHT MAKES NO REPRESENTATION OR WARRANTY AS TO THE PRODUCTS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, AND LIGHT SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT. THE ABOVE LIMITATIONS DO NOT APPLY TO GERMAN CUSTOMERS AND DO NOT APPLY IN RESPECT OF ANY WARRANTIES IN ANY JURISDICTION THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAWS.
11. Limitation on liability
To the extent not prohibited by applicable law and subject to the paragraphs below in this clause 11, in no event will Light be liable for any incidental, special, indirect, or consequential damages whatsoever, arising out of or related to your use or misuse of our Products, however caused, regardless of the theory of liability and even if Light has been advised of the possibility of such damages.
Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions the above limitations and exclusions may not apply to you. In such jurisdictions, Light's liability is limited to the extent permitted by law, thereby minimizing Light's liability to you to the lowest amount permitted by applicable law.
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.
In no event will Light's total liability to you for all damages exceed the amount paid for your Product. The foregoing limitations will apply even if these remedies fail of their essential purpose.
With regard to customers IN GERMANY, THE FOLLOWING SHALL APPLY in place of this clause 11: Nothing in this agreement 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. OUR LIABILITY FOR DAMAGES CAUSED BY THE NEGLIGENT BREACH OF AN ESSENTIAL contractual duty shall be limited (except in case of gross negligence) to the foreseeable damage that can typically be expected to occur, taking into account the type of agreement. Nothing in this agreement shall limit or exclude OUR liability for any form of injury to life, body or health caused by intentional misconduct or negligence.
THE ABOVE LIMITATIONS DO NOT APPLY TO ANY LIABILITY IN ANY JURISDICTION THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAWS IN THAT JURISDICTION.
12. Force majeure
Subject to the paragraph above, neither party will be liable for delays in manufacture, shipment, delivery, or other nonperformance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which the party has no reasonable control. Any party affected by such event must inform the other party and use all reasonable endeavors to comply with these Terms.
Light expressly reserves the right to 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. If Light so transfers this agreement as a whole to a different contract party, any German customers shall have the right to terminate this agreement within 4 weeks of being notified of such transfer.
14. Agreement to Arbitrate
This section includes an agreement to arbitrate most claims and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.
We both agree that any dispute or claim relating in any way to your Pre-Order, acquisition, or use of any of the Products will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims in small claims court if your claims qualify, (b) we may seek injunctive relief from any court with jurisdiction to preliminarily enjoin your use of the Products in any manner that we allege in good faith violates these Terms, and (c) you or we 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 resolve 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. This arbitration provision will survive any termination of these Terms.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to ATTN: Legal Department, 636 Ramona St, Palo Alto, CA 94301, with an electronic copy (which will not constitute notice) to firstname.lastname@example.org. If we seek to arbitrate a dispute we have with you, we will send a letter or email making the request and describing our 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 the Products 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 accessed the Products on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and we 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.
We 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 you and we 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 agreement 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 we each waive any right to a jury trial.
For any and all claims, other than those in small claims court, jurisdiction for any court proceedings arising out of or relating to these Terms will be vested exclusively 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.
15. Law and Forum
For any and all claims, other than those in small claims court, 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.
These Terms will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws provisions provided, however, that mandatory choice of law provisions of the country where your domicile is located will prevail. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be excluded from these Terms and will not affect the validity and enforceability of any remaining provisions. These Terms (including the Arbitration Agreement) are the complete and exclusive statement of the agreement governing your Pre-Order of the Products. These Terms replace and supersede any prior or contemporaneous oral or written agreement and any other communications between you and Light. Any modifications to these terms will be uploaded onto our website and sent to you by email if you have already placed a Pre-order and the amendments impact your Pre-Order.
If you have questions about these Terms, you may contact us by email at email@example.com.
If you require a copy of these Terms in Dutch, French, German, or Italian, please contact us requesting the same at firstname.lastname@example.org. LAST MODIFIED: 11/6/2015
LAST MODIFIED: 1/27/2017
Information Covered by this Policy
This Policy applies to any personally identifiable information about you ("Personal Information") that you may provide to Light when you use our Site.
How We Collect Personal Information on this Site
Using the Site
When you use our Site, we will collect from you certain personal details when you make pre-Order (including your name, address, email address. We may 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.
For Germany, the following applies: We will only collect and use information about your use of the Site to the extent necessary to enable or invoice (if applicable) your use of the Site. For the purposes of advertising, market research or in order to design the Site in a needs-based manner, we may produce profiles of usage based on pseudonyms to the extent that you do not object to this by contacting us via the contact details provided below.
Cookies are data files that website operators place on a user's computer while the user is browsing the website.
We may perform statistical, demographic and marketing analyses of users of our Site, and use this information and analysis to modify the Site based on user preferences.
Additionally, if you'd like to opt out of any of these advertising cookies, without disabling cookies entirely, please follow the following links.
Transfer of data outside of the EEA
Given we are a US entity, by providing your personal data to us, you acknowledge that you are allowing such personal data to be transferred outside of the EEA.
Light does not sell or license your Personal Information with any other organization for commercial reasons. Light does transfer your Personal Information to third parties for the purposes of processing and fulfilling your Pre-Order and processing your payment. Some of these third parties are outside of the EEA.
Light also transfers your data to its affiliates for the purposes listed above.
Light reserves the right to transfer your Personal Information to another legal entity as part of the sale or merger of Light and that entity. We also reserve the right to share anonymized and aggregate data with potential sale or merger parties, those providing financing to us and their respective advisors. You will be notified via email or notice on our website of any change in ownership or uses of your Personal Information.
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.
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. EU Law also allows individuals to access the personal data we hold about them To make such a request, you may contact us by email at email@example.com. A small fee may be charged for this.
If you have questions about this Policy, you may contact us by email at firstname.lastname@example.org
Changes to the Policy
We may 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 labeled "Privacy." We will seek to provide you notice of material changes with a notice on the Site or by some other method.
This Policy was last revised on 6 November, 2015.
Acceptance of These Terms
Any pre-order transaction is also governed by the Pre-Order Terms and Conditions.
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:
- You agree to use the Site and Services only for lawful purposes. You agree that you will not use any resource made available on the Site in any manner that is malicious or that violates any applicable local, state, national, or international law, or the intellectual property or proprietary rights of any third party;
- You agree not to copy, reproduce, distribute, display portions of, or link to the Site or Services for commercial purposes without the prior express written consent of Light;
- You agree not to post on or transmit onto the Site any information that you know to be untrue, that is unlawful, fraudulent, threatening, malicious, harassing, abusive, libelous, defamatory, obscene, or otherwise objectionable or harmful, or that contains or links to a virus, bug, worm, malware, Trojan horse, or other harmful or disruptive element;
- You agree not to use any automated tool, such as a web scraping tool, a bot or web robot, or web automation, to mine the Site or Services for information or to fill out forms on the Site, that you will not circumvent any technical measures implemented to prevent or limit such access, and that you will comply with the restrictions in any robot exclusion header; and
- You will not circumvent or attempt to circumvent any security or access control technology implemented on the Site, or any servers, network or associated systems or physical premises operated by or for the benefit of Light.
Light reserves the right to view, monitor, and record activity on the Site without notice or permission. This does not include use of your personal data.
We may monitor use to optimize the site, understand what is of interest to visitors, and otherwise to enhance the operation of the site, assure its availability, and prevent misuse of the Site. This does not include use of your personal data. Any information obtained by monitoring, reviewing, or recording activity on the Site is subject to review by us or on our behalf as well as by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. Light will comply with all court orders involving requests for such information.
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 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 the Site and/or Services infringe your copyright, you may request removal of those materials from this Site by contacting Light by mail at ATTN: Legal Department, 636 Ramona St, Palo Alto, CA 94301, ATTN: insert and providing the following information:
- Your name, address, telephone number and e-mail address;
- An identification of the copyrighted work that you believe to be infringed. Please fully describe the work and, wherever possible, include a copy or the location of an authorized version of the work;
- A statement that you have a good faith belief that the complained-of use of the materials is not authorized by the copyright owner, its agent, or the law;
- A statement that the information that you have supplied is accurate and that, "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf; and
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Third-Party Content and Links
Some of the information or other materials available on or through the Site may have been prepared by third parties not affiliated with Light. 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.
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.
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.
YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE FOLLOWING TWO CLAUSES.
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 CLAUSE DOES NOT APPLY TO CUSTOMERS IN GERMANY.
Limitation of Liability
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.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions the above limitations and exclusions may not apply to you. In such states or jurisdictions, Light's liability is limited to the extent permitted by law, thereby minimizing Light's liability to you to the lowest amount permitted by applicable law.
With regard to customers IN GERMANY, THE FOLLOWING SHALL APPLY in place of the clauses above under limitation of liability: Nothing in this agreement 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. OUR LIABILITY FOR DAMAGES CAUSED BY THE NEGLIGENT BREACH OF AN ESSENTIAL contractual duty shall be limited (except in case of gross negligence) to the foreseeable damage that can typically be expected to occur, taking into account the type of agreement. Nothing in this agreement shall limit or exclude OUR liability for any form of injury to life, body or health caused by intentional misconduct or negligence.
YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE FOLLOWING CLAUSE.
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. THIS CLAUSE DOES NOT APPLY TO CUSTOMERS IN GERMANY.
Light expressly reserves the right to 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 Labs with a separate legal entity.
These Terms will be governed by and construed in accordance with the laws of the State of California, excluding provisions of that would result in choice of the law of another jurisdiction to govern these Terms, provided, however, that mandatory choice of law provisions of the country where your domicile is located will prevail. Jurisdiction for any court proceedings arising out of or relating to these Terms will be vested exclusively in, and all parties to these Terms expressly agree to be subject to the jurisdiction and venue of, the state or federal courts sitting in San Francisco, California. Customers domiciled in the European Economic Area can also bring claims before the court in whose district their domicile is located.
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.
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. 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, you do so on your own initiative and are responsible for compliance with local laws.
If you have questions about these Terms, you may contact us by email at email@example.com. Please note that communications made to firstname.lastname@example.org will not constitute legal notice to Light, its officers, employees, agents, or representatives.
If require a copy of these Terms in French, German, Italian, or Dutch, please contact us requesting the same at email@example.com.
Changes to These Terms
Light regularly reviews these Terms and may revise or update them at our sole discretion. 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 this Policy will be maintained on the Site.
These Terms are current as of 1/27/17.
This End User License Agreement (this “Agreement”) 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”).
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 AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, 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
1.1 Device Software
Subject to the terms and conditions of this Agreement, 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 Agreement. Light has no obligation to provide any upgrades, updates, maintenance or support services with respect to the Device Software under this Agreement.
1.2 Desktop Software
Subject to the terms and conditions of this Agreement, 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 Agreement. Light has no obligation to provide any upgrades, updates, maintenance or support services with respect to the Desktop Software under this Agreement.
2. License Restrictions
You shall use the Software Products and Documentation solely for your personal operation of the Products and in accordance with this Agreement. Except as otherwise specifically permitted under this Agreement 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 (a) a third party has engaged in any of the foregoing or (b) the security of the Software Products or Documentation has or may become compromised in any way.
2.2 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).
2.3 Prohibited Uses
You shall not use the Software Products: (a) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, including without limitation to send or store unlawful or tortious material, including material harmful to children or violative of 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 https://light.co/legal#ThirdPartySoftware. You acknowledge and agree that, in addition to the applicable terms in this Agreement, 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 Agreement 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. [Components 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.]
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. You do not acquire any other rights, express or implied, in the Software Products other than those rights expressly granted under this Agreement. All rights not specifically granted to you herein are retained by Light.
5. Term And Termination
This Agreement shall be effective upon the earlier of (a) your acceptance of this Agreement (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 Section 5.2.
5.2 Termination for Cause
Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement.
5.3 Effect of Termination
Upon termination of this Agreement 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 Agreement. Light’s failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any rights.
The following provisions will survive the termination of this Agreement: Sections 2, 3, 4, 5.3, 5.4, 6, 7, 8, 9 and 10.
6. No Warranty
THE SOFTWARE PRODUCTS, DOCUMENTATION, AND ANY AND ALL OTHER MATERIAL PROVIDED BY LIGHT TO YOU UNDER THIS AGREEMENT 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 AGREEMENT AND THAT LIGHT WOULD NOT ENTER INTO THIS AGREEMENT 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 AGREEMENT, OR YOUR USE OF, OR THE RESULTS OBTAINED FROM, THE SOFTWARE PRODUCTS, DOCUMENTATION, OR ANY OTHER MATERIAL PROVIDED BY LIGHT TO YOU UNDER THIS AGREEMENT. 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 AGREEMENT 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.
Light is constantly evolving its products. Light may change, upgrade, update, discontinue or disable access to the Software Products or impose new or additional rules, policies, terms, or conditions on your use of the Software Products at any time, without direct notice to you. Material changes to these terms will be posted on Light’s website. 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 to purchase these services, such fees shall apply. Light may make changes to this Agreement by posting the changed terms to Light’s website. YOUR CONTINUED USE OF THE SOFTWARE PRODUCTS FOLLOWING LIGHT’S POSTING OF ANY CHANGED TERMS WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGED TERMS.
9. Governing Law; Arbitration
(a) THIS SECTION INCLUDES AN ARBITRATION AGREEMENT AND AN AGREEMENT THAT ALL CLAIMS (EXCEPT AS SET FORTH IN SECTION 9.1(B)) WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING. PLEASE READ THIS SECTION 9.1 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 or this Agreement 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 Agreement, 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 firstname.lastname@example.org within 30 days of the first date you download, install or operate a Software Product or use a Product on which a Software Product is pre-loaded. This arbitration provision will survive any termination of this Agreement.
(a) 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@example.com. 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 the Software Products 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 accessed the Software Products 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.
(b) 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.
9.2 Governing Law; Venue
This Agreement will be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law principles that would require the application of the laws of a different country or state. For any and all claims, other than those in small claims court or those in which Light is seeking injunctive relief pursuant to Section 9.1(b) above or Section 10 below, jurisdiction for any court proceedings arising out of or relating to this Agreement 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.
Third Party Software