IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
LICENSE By installing and/or using the LightBids, LLC. ("Company") Software ("LightBids"), you agree that this Terms of Service (TOS) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Your use of LightBids indicates your acceptance of this license agreement and warranty. Subject to the terms of this Agreement, LightBids, LLC grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use LightBids in accordance with this Agreement and any other written agreement with LightBids, LLC. LightBids, LLC does not transfer the title of LightBids to you; the license granted to you is not a sale. This agreement is a binding legal agreement between LightBids, LLC and the purchasers or users of LightBids.
DISTRIBUTION LightBids and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only.
3.1 Use Your license to use LightBids is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of LightBids.
3.2 Use Restrictions You shall use LightBids in compliance with all applicable laws and not for any unlawful purpose.
3.3 Copyright Restriction This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile LightBids. Nor can you create any derivative works or other works that are based upon or derived from LightBids in whole or in part.
LightBids, LLC's name, logo and graphics file that represents LightBids shall not be used in any way to promote products developed with LightBids. LightBids, LLC retains sole and exclusive ownership of all right, title and interest in and to LightBids and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of LightBids, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for LightBids, LLC.
3.4 Limitation of Responsibility You will indemnify, hold harmless, and defend LightBids, LLC , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of LightBids, LLC's Software. In no event (including, without limitation, in the event of negligence) will LightBids, LLC , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, LightBids or the use or inability to use LightBids or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
3.5 Warranties Except as expressly stated in writing, LightBids, LLC makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
3.7 Termination Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of LightBids and destroy all copies of LightBids supplied under this Agreement.
3.8 Login Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent.
DISCLAIMER OF WARRANTY THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY LightBids AS WELL.
CONSENT OF USE OF DATA You agree that LightBids, LLC may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to LightBids. LightBids, LLC may also use this information to provide notices to you which may be of use or interest to you.
SERVICE LEVEL TERMS The Services shall be available 99.9%, measured monthly, excluding holidays and weekends and scheduled maintenance. “Downtime” is defined as a period when the Service is unable to be accessed by the customer, as monitored by the Company. If Company performs maintenance during these hours, any Downtime calculation will exclude periods affected by such maintenance. Further, any Downtime resulting from outages of third party connections or utilities, failure of unavailability of Customer’s systems, the Internet, or other reasons beyond Company’s control will also be excluded from any such calculation.
Customer's sole and exclusive remedy, and Company's entire liability, in connection with Service availability shall be that for any consecutive period of downtime lasting longer than thirty minutes, Company will credit Customer the Service Fees prorated for the 24 hour period in which the downtime occurred. Downtime shall begin to accrue as soon as Customer (with notice to Company) recognizes that downtime is taking place, and continues until the availability of the Services is restored. In order to receive downtime credit, Customer must notify Company in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash. Company will apply a credit to the month in which the incident occurred.
Company’s blocking of data communications or other Service in accordance with its policies shall not be deemed to be a failure of Company to provide adequate service levels under this Agreement.
SUPPORT TERMS Company will provide Technical Support to Customer via in-app live chat and electronic mail on weekdays during the hours of 9:00 am through 5:00 pm Pacific time, with the exclusion of Federal Holidays.
Company will use commercially reasonable efforts to respond to all Helpdesk tickets within one (1) business day.
Exceeding the average demand for technical support may require an additional paid support agreement, at the sole discretion of LightBids, LLC.
If you have any questions about this document, please contact Sales.