EULA Lumu Agent

Last Updated: October 15th, 2020

LUMU TECHNOLOGIES, INC (‘Lumu’) End User License Agreement for Lumu Agent (‘SOFTWARE’). 

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS REGARDING YOUR USE OF THE SOFTWARE BEFORE INSTALLING OR DOWNLOADING AND USING IT. Throughout this Agreement, you will be referred to as “Licensee.” If you are accepting these terms on behalf of another person or corporate entity, you represent and warrant that you have the authority to bind that person or corporate entity to these terms. 

 BY INSTALLING OR DOWNLOADING THE SOFTWARE, THE LICENSEE HEREBY INDICATES ACCEPTANCE OF THIS AGREEMENT. 

The following License Terms govern your use of the accompanying Software unless you have a separate written agreement with Lumu. 

 Lumu hereby grants Licensee a non-exclusive license to use one copy of the Software.

“Use” means storing, loading, installing, executing, or displaying the Software. You may not modify the Software or disable any licensing or control features of the Software. If the Software is licensed for “concurrent use”, you may not allow more than the maximum number of authorized users to Use the Software concurrently. 

 Licensee assumes responsibility for use of the Software and its generated output and will ensure that anyone who uses the Software does so only for Licensee’s authorized use and complies with the terms of this Agreement. Licensee agrees to comply with all laws applicable to its use of the Software, including but not limited to relevant export and import laws and regulations. 

Licensee agrees to allow Lumu to store and use its network metadata, including device name, IP Addresses, and DNS queries, anywhere it does business. Such information will be processed and used in connection with the business relationship between Licensee and Lumu, and may be provided to contractors, business partners, and assignees of Lumu for uses consistent with their collective business activities, including communicating with Licensee (for example, for processing orders, for promotions, and for market research). 

The Software is owned and copyrighted by Lumu or its third party suppliers. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software. Lumu’s third-party suppliers may protect their rights in the event of any violation of these License Terms. 

 You may only make copies or adaptations of the Software for archival purposes or when copying or adaptation is an essential step in the authorized Use of the Software. You must reproduce all copyright notices in the original Software on all copies or adaptations. You may not copy the Software onto any bulletin board or similar system. 

 You may not disassemble or decompile the Software unless Lumu’s prior written consent is obtained. In some jurisdictions, Lumu’s consent may not be required for disassembly or decompilation. Upon request, you will provide Lumu with reasonably detailed information regarding any disassembly or decompilation. You may not decrypt the Software unless decryption is a necessary part of the operation of the Software. 

 Your license will automatically terminate upon any transfer of the Software. Upon transfer, you must deliver the Software, including any copies and related documentation, to the transferee. The transferee must accept these License Terms as a condition to the transfer. 

Lumu may terminate your license upon notice for failure to comply with any of these License Terms. Upon termination, you must immediately destroy the Software, together with all copies, adaptations, and merged portions in any form. 

 You may not export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations. 

The Software and documentation have been developed entirely at private expense and are provided as “Commercial Computer Software” or “restricted computer software”. 

IN NO EVENT WILL LUMU BE LIABLE TO LICENSEE OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES, GOODWILL, LOSS OF OR DAMAGE TO DATA, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES AND PUNITIVE DAMAGES, WHICH MAY ARISE FROM THE USE, OPERATION OR MODIFICATION OF THE SOFTWARE, EXCLUDING DAMAGES FOR BODILY INJURY (INCLUDING DEATH) AND DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO LICENSEE. 

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Delaware, without regard to its choice of law provisions. Any dispute hereunder shall be determined by a court of competent jurisdiction within the State of Delaware, U. S. A. The United Nations Convention on Contracts for the International Sale of Goods does not apply. 

Any questions concerning this Agreement should be referred to LUMU TECHNOLOGIES, INC. 8350 NW 52nd Terrace Suite 301, Miami, FL 33166, Attention: Legal Department. 

LICENSEE ACKNOWLEDGES THAT THIS LICENSE HAS BEEN READ AND UNDERSTOOD AND BY SELECTING THE [“I Agree”] OPTION, LICENSEE ACCEPTS ITS TERMS AND CONDITIONS. LICENSEE ALSO AGREES THAT THIS LICENSE CONSTITUTES THE COMPLETE AGREEMENT BETWEEN THE PARTIES REGARDING THIS SUBJECT MATTER AND THAT IT SUPERSEDES ANY INFORMATION LICENSEE HAS RECEIVED RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. THIS AGREEMENT MAY ONLY BE AMENDED BY A WRITTEN AGREEMENT SIGNED BY AUTHORIZED REPRESENTATIVES OF BOTH PARTIES. 

SELECT THE [“I Agree”] OPTION TO ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT AS SET FORTH ABOVE AND PROCEED WITH THE INSTALLATION/DOWNLOAD PROCESS. 

Copyright 2020 LUMU TECHNOLOGIES INC. 

THIRD-PARTY LEGAL NOTICES 

Lumu Update is Licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License.

You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.

See the License for the specific language governing permissions and limitations under the License.