Lightspeed Computer End User License Agreement

IMPORTANT - READ CAREFULLY: This end user license agreement (“EULA”) is a legal agreement between you and Lightspeed Computer for the Lightspeed Computer software product, which includes computer software and may include associated media, and online or electronic documentation (“Lightspeed Computer”). The terms of this EULA will govern any updates that replace and/or supplement the original version Lightspeed Computer provided to you, unless such an update is accompanied by a separate agreement, in which case the terms of that agreement will govern.
By installing, copying, downloading, or otherwise using Lightspeed Computer, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use Lightspeed Computer.

LICENSE

Lightspeed Computer grants you a limited, non-exclusive license to install and use Lightspeed Computer. This license is expressly conditioned upon your compliance with the terms and conditions of this EULA, including the following:

You may make one copy of Lightspeed Computer for backup and archival purposes. This copy must include Lightspeed Computer’s copyright notice in the same form as it appears in or on the original product.

You will not loan, rent, lease, or distribute Lightspeed Computer to any other user, or create derivative works of all or part of Lightspeed Computer.

You may transfer all of your rights under this EULA provided you (a) retain no copies (whole or partial) of Lightspeed Computer, (b) permanently transfer Lightspeed Computer (including all component parts, the media and documentation, any upgrades, and this EULA) to the recipient, and (c) the recipient first agrees to abide by all of the terms of this EULA. If the version of Lightspeed Computer to be transferred is an upgrade, any transfer must include all prior versions of Lightspeed Computer and any and all of your rights therein.
Modification, reverse engineering, decompilation, or disassembly of Lightspeed Computer is prohibited, except to the extent that such activity is expressly permitted by applicable law.

Your use of Lightspeed Computer will comply with all associated documentation and all applicable laws.


SUPPORT SERVICES

Lightspeed Computer may, at its sole discretion, provide you with technical support services related to Lightspeed Computer (“Support Services”). Any supplemental software code provided to you as part of the Support Services will be considered part of Lightspeed Computer and subject to the terms and conditions of this EULA.


TERMINATION

This EULA is effective until terminated. Your rights under this EULA will terminate automatically and without notice if you fail to comply with its terms and conditions, or, if you are using a trial version of Lightspeed Computer, upon the end of the trial period, whichever is sooner. Upon the termination of this EULA, you shall destroy all copies of Lightspeed Computer and all associated documentation in your possession. Terms of this EULA that expressly or by implication apply after termination will survive such termination.

INTELLECTUAL PROPERTY

As the licensee of Lightspeed Computer, you own the physical media on which Lightspeed Computer is originally fixed, if any. However, you acknowledge and agree that Lightspeed Computer, the accompanying documentation, and all elements and any copies thereof are the exclusive property of Lightspeed Computer, and that Lightspeed Computer is licensed to you only for the term of this EULA. All right, title, and interest in and to any and all copyrights, trademarks, and trade secrets in and pertaining to Lightspeed Computer are owned or licensed by Lightspeed Computer; this license is not a sale or transfer of the original software or any rights thereto.
You shall not remove, modify or alter any Lightspeed Computer copyright or trademark notices from any part of Lightspeed Computer, including but not limited to any such notices contained in the physical and/or electronic media or documentation or “about” boxes, code or other embodiments originally contained in or otherwise created by Lightspeed Computer.

Lightspeed Computer, YOUR PC ON STEROIDS, the Lightspeed Computer logo, and other Lightspeed Computer trademarks, service marks, graphics, and logos used in connection with the Lightspeed Computer are trademarks or registered trademarks of Lightspeed Computer in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with Lightspeed Computer may be the trademarks of their respective owners.

U. S. GOVERNMENT RESTRICTED RIGHTS

Lightspeed Computer and accompanying documentation are provided with restricted rights. Use, duplication, or disclosure by the U. S. Government is subject to restrictions as set forth in the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.

LIMITED WARRANTY

Lightspeed Computer warrants that Lightspeed Computer will perform substantially in accordance with the documentation accompanying it for a period of sixty (60) days from the date of purchase. Lightspeed Computer’s and its suppliers’ entire liability and your exclusive remedy shall be, at Lightspeed Computer’s sole option, either (a) return of the price paid, if any, or (b) repair or replacement of the product that does not meet Lightspeed Computer’s limited warranty and which is returned to Lightspeed Computer with a copy of your receipt or other identifying information Lightspeed Computer deems sufficient to retrieve your purchase information. This limited warranty is void if failure of Lightspeed Computer has resulted from accident, abuse, or misapplication. Any replacement product will be warranted for the remainder of the original warranty period or sixty (60) days, whichever is longer. Outside the United States, neither these remedies nor any Support Services offered by Lightspeed Computer are available without proof of purchase from an authorized international source.

NO OTHER WARRANTIES

EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Lightspeed Computer IS PROVIDED “AS IS”, AND Lightspeed Computer AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO Lightspeed Computer AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. SOME STATES AND JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF OR LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT IMPLIED WARRANTIES MAY NOT BE ENTIRELY DISCLAIMED BUT IMPLIED WARRANTY LIMITATIONS ARE ALLOWED BY APPLICABLE LAW, IMPLIED WARRANTIES ON Lightspeed Computer, IF ANY, ARE LIMITED TO THE LIFE OF THE PRODUCT.

Lightspeed Computer specifically disclaims any warranty regarding the amount of performance increase or utility provided by Lightspeed Computer. You agree and acknowledge that Lightspeed Computer makes no representation or warranty that Lightspeed Computer will necessarily increase performance or provide a utility benefit on your computer, and that no claim of specific deficiency, defect, or underperformance has been made with respect to your computer. Any claims of performance increases or utility are those of possible or potential improvement or utility, and no warranty is offered that a specific utility or amount of performance increase, if any, will be realized on any particular computer. Each computer is different and the scenarios under which they are used are different, and no claim is made that any one computer or usage scenario will see a performance increase or utility benefit from Lightspeed Computer. Your sole remedy for any dissatisfaction with the presence of or the degree or amount of performance improvement or utility will be as described above.

You agree and acknowledge that Lightspeed Computer is not designed, intended, or licensed for use in mission-critical applications or hazardous environments requiring fail-safe controls. Lightspeed Computer specifically disclaims any express or implied warranty of fitness for such purposes.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIGHTSPEED COMPUTER OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR MISUSE OF OR INABILITY TO USE Lightspeed Computer OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF Lightspeed Computer HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, Lightspeed Computer’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID, IF ANY, FOR THE VERSION OF LIGHTSPEED COMPUTER THAT DIRECTLY CAUSED THE DAMAGE.

INDEMNITY

You agree to indemnify, defend, and hold harmless Lightspeed Computer and its subsidiaries, affiliates, officers, agents, employees, partners, licensees, licensors, and assigns from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of Lightspeed Computer or your violation of any terms or conditions of this EULA.

MISCELLANEOUS

Lightspeed Computer may freely assign this EULA to its successors, subsidiaries, or assigns without notice to you. This EULA may not be assigned by you except as otherwise provided herein.
The laws of the Commonwealth of Massachusetts, without regard to conflict of law provisions, govern this EULA and your use of Lightspeed Computer. You agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the Commonwealth of Massachusetts for any claim or dispute with Lightspeed Computer or in any way relating to or arising from your use of Lightspeed Computer. If for any reason a court of competent jurisdiction finds any provision of this EULA or portion thereof, to be unenforceable, that provision of the EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect.

This EULA constitutes the entire agreement between you and Lightspeed Computer relating to Lightspeed Computer and supersedes any prior agreements.

Should you have any questions concerning this EULA, or if you desire to contact Lightspeed Computer for any reason, please email us at info@LightspeedPC.com.