[ffb_section_0 unique_id=”5bdhh1ar” data=”%7B%22o%22%3A%7B%22gen%22%3A%7B%22ffsys-disabled%22%3A%220%22%2C%22ffsys-info%22%3A%22%7B%7D%22%2C%22type%22%3A%22fg-container-large%22%2C%22no-padding%22%3A%220%22%2C%22no-gutter%22%3A%220%22%2C%22gutter-size%22%3A%22%22%2C%22match-col%22%3A%220%22%2C%22match-col-sm%22%3A%22inherit%22%2C%22match-col-md%22%3A%22inherit%22%2C%22match-col-lg%22%3A%22inherit%22%2C%22show-divider%22%3A%220%22%2C%22divider%22%3A%7B%22divider-width%22%3A%221%22%2C%22divider-height%22%3A%22100%25%22%2C%22divider-h-alignment%22%3A%22left%22%2C%22divider-v-alignment%22%3A%22center%22%2C%22divider-color%22%3A%22%23c4c4c4%22%7D%2C%22force-fullwidth%22%3A%220%22%7D%2C%22b-m%22%3A%7B%22bg%22%3A%7B%22bg%22%3A%7B%220-%7C-color%22%3A%7B%22color%22%3A%7B%7D%7D%7D%7D%7D%7D%7D”][ffb_column_1 unique_id=”5bdhh1as” data=”%7B%22o%22%3A%7B%22gen%22%3A%7B%22ffsys-disabled%22%3A%220%22%2C%22ffsys-info%22%3A%22%7B%7D%22%2C%22xs%22%3A%2212%22%2C%22sm%22%3A%22unset%22%2C%22md%22%3A%2212%22%2C%22lg%22%3A%22unset%22%2C%22is-centered%22%3A%220%22%2C%22not-equalize%22%3A%220%22%2C%22is-bg-clipped%22%3A%220%22%2C%22xs-last%22%3A%22no%22%2C%22sm-last%22%3A%22unset%22%2C%22md-last%22%3A%22unset%22%2C%22lg-last%22%3A%22unset%22%2C%22xs-offset%22%3A%22unset%22%2C%22sm-offset%22%3A%22unset%22%2C%22md-offset%22%3A%22unset%22%2C%22lg-offset%22%3A%22unset%22%2C%22xs-pull%22%3A%22unset%22%2C%22sm-pull%22%3A%22unset%22%2C%22md-pull%22%3A%22unset%22%2C%22lg-pull%22%3A%22unset%22%2C%22xs-push%22%3A%22unset%22%2C%22sm-push%22%3A%22unset%22%2C%22md-push%22%3A%22unset%22%2C%22lg-push%22%3A%22unset%22%2C%22xs-overlap%22%3A%22no%22%2C%22sm-overlap%22%3A%22unset%22%2C%22md-overlap%22%3A%22unset%22%2C%22lg-overlap%22%3A%22unset%22%7D%2C%22b-m%22%3A%7B%22bg%22%3A%7B%22bg%22%3A%7B%220-%7C-color%22%3A%7B%22color%22%3A%7B%22bg-color%22%3A%22%23ffffff%22%7D%7D%7D%7D%2C%22pd-xs%22%3A%7B%22t%22%3A%2240%22%7D%2C%22pd-lg%22%3A%7B%22t%22%3A%2240%22%7D%2C%22mg-lg%22%3A%7B%22t%22%3A%2240%22%2C%22b%22%3A%22120%22%7D%7D%7D%7D”][ffb_section-heading_2 unique_id=”5bdhh1au” data=”%7B%22o%22%3A%7B%22gen%22%3A%7B%22ffsys-disabled%22%3A%220%22%2C%22ffsys-info%22%3A%22%7B%7D%22%2C%22repeated-lines%22%3A%7B%220-%7C-h2%22%3A%7B%22h2%22%3A%7B%22b-m%22%3A%7B%22borders%22%3A%7B%220-%7C-one-border%22%3A%7B%22one-border%22%3A%7B%22type%22%3A%22border-bottom%22%2C%22width%22%3A%222%22%2C%22color%22%3A%22%23f0ab5d%22%7D%7D%7D%7D%2C%22clrs%22%3A%7B%22text-custom-color%22%3A%22%23f0ab5d%22%2C%22font-size-lg%22%3A%2230%22%2C%22font-weight-lg%22%3A%22500%22%7D%2C%22text-is-richtext%22%3A%220%22%7D%7D%2C%221-%7C-paragraph%22%3A%7B%22paragraph%22%3A%7B%22b-m%22%3A%7B%22pd-lg%22%3A%7B%22t%22%3A%2230%22%2C%22r%22%3A%2240%22%2C%22l%22%3A%2240%22%7D%7D%2C%22clrs%22%3A%7B%22text-align-lg%22%3A%22justify%22%2C%22font-size-lg%22%3A%2218%22%2C%22font-weight-lg%22%3A%22400%22%7D%2C%22text-is-richtext%22%3A%220%22%7D%7D%2C%222-%7C-h3%22%3A%7B%22h3%22%3A%7B%22b-m%22%3A%7B%22pd-lg%22%3A%7B%22t%22%3A%2250%22%2C%22r%22%3A%2240%22%2C%22l%22%3A%2240%22%7D%7D%2C%22clrs%22%3A%7B%22text-align-lg%22%3A%22left%22%2C%22font-size-lg%22%3A%2225%22%2C%22font-weight-lg%22%3A%22500%22%7D%2C%22text-is-richtext%22%3A%220%22%7D%7D%2C%223-%7C-paragraph%22%3A%7B%22paragraph%22%3A%7B%22b-m%22%3A%7B%22pd-lg%22%3A%7B%22r%22%3A%2240%22%2C%22l%22%3A%2240%22%7D%7D%2C%22clrs%22%3A%7B%22text-align-lg%22%3A%22justify%22%2C%22font-size-lg%22%3A%2218%22%2C%22font-weight-lg%22%3A%22400%22%7D%2C%22text-is-richtext%22%3A%220%22%7D%7D%2C%224-%7C-h3%22%3A%7B%22h3%22%3A%7B%22b-m%22%3A%7B%22pd-lg%22%3A%7B%22r%22%3A%2240%22%2C%22l%22%3A%2240%22%7D%7D%2C%22clrs%22%3A%7B%22text-align-lg%22%3A%22left%22%2C%22font-size-lg%22%3A%2225%22%2C%22font-weight-lg%22%3A%22500%22%7D%2C%22text-is-richtext%22%3A%220%22%7D%7D%2C%225-%7C-paragraph%22%3A%7B%22paragraph%22%3A%7B%22b-m%22%3A%7B%22pd-lg%22%3A%7B%22r%22%3A%2240%22%2C%22l%22%3A%2240%22%7D%7D%2C%22clrs%22%3A%7B%22text-align-lg%22%3A%22justify%22%2C%22font-size-lg%22%3A%2218%22%2C%22font-weight-lg%22%3A%22400%22%7D%2C%22text-is-richtext%22%3A%220%22%7D%7D%2C%226-%7C-h3%22%3A%7B%22h3%22%3A%7B%22b-m%22%3A%7B%22pd-lg%22%3A%7B%22r%22%3A%2240%22%2C%22l%22%3A%2240%22%7D%7D%2C%22clrs%22%3A%7B%22text-align-lg%22%3A%22left%22%2C%22font-size-lg%22%3A%2225%22%2C%22font-weight-lg%22%3A%22500%22%7D%2C%22text-is-richtext%22%3A%220%22%7D%7D%2C%227-%7C-paragraph%22%3A%7B%22paragraph%22%3A%7B%22b-m%22%3A%7B%22pd-lg%22%3A%7B%22r%22%3A%2240%22%2C%22l%22%3A%2240%22%7D%7D%2C%22clrs%22%3A%7B%22text-align-lg%22%3A%22justify%22%2C%22font-size-lg%22%3A%2218%22%2C%22font-weight-lg%22%3A%22400%22%7D%2C%22text-is-richtext%22%3A%220%22%7D%7D%2C%228-%7C-h3%22%3A%7B%22h3%22%3A%7B%22b-m%22%3A%7B%22pd-lg%22%3A%7B%22r%22%3A%2240%22%2C%22l%22%3A%2240%22%7D%7D%2C%22clrs%22%3A%7B%22text-align-lg%22%3A%22left%22%2C%22font-size-lg%22%3A%2225%22%2C%22font-weight-lg%22%3A%22500%22%7D%2C%22text-is-richtext%22%3A%220%22%7D%7D%2C%229-%7C-paragraph%22%3A%7B%22paragraph%22%3A%7B%22b-m%22%3A%7B%22pd-lg%22%3A%7B%22r%22%3A%2240%22%2C%22l%22%3A%2240%22%7D%7D%2C%22clrs%22%3A%7B%22text-align-lg%22%3A%22justify%22%2C%22font-size-lg%22%3A%2218%22%2C%22font-weight-lg%22%3A%22400%22%7D%2C%22text-is-richtext%22%3A%220%22%7D%7D%2C%2210-%7C-h3%22%3A%7B%22h3%22%3A%7B%22b-m%22%3A%7B%22pd-lg%22%3A%7B%22r%22%3A%2240%22%2C%22l%22%3A%2240%22%7D%7D%2C%22clrs%22%3A%7B%22text-align-lg%22%3A%22left%22%2C%22font-size-lg%22%3A%2225%22%2C%22font-weight-lg%22%3A%22500%22%7D%2C%22text-is-richtext%22%3A%220%22%7D%7D%2C%2211-%7C-paragraph%22%3A%7B%22paragraph%22%3A%7B%22b-m%22%3A%7B%22pd-lg%22%3A%7B%22r%22%3A%2240%22%2C%22l%22%3A%2240%22%7D%7D%2C%22clrs%22%3A%7B%22text-align-lg%22%3A%22justify%22%2C%22font-size-lg%22%3A%2218%22%2C%22font-weight-lg%22%3A%22400%22%7D%2C%22text-is-richtext%22%3A%220%22%7D%7D%2C%2212-%7C-h3%22%3A%7B%22h3%22%3A%7B%22b-m%22%3A%7B%22pd-lg%22%3A%7B%22r%22%3A%2240%22%2C%22l%22%3A%2240%22%7D%7D%2C%22clrs%22%3A%7B%22text-align-lg%22%3A%22left%22%2C%22font-size-lg%22%3A%2225%22%2C%22font-weight-lg%22%3A%22500%22%7D%2C%22text-is-richtext%22%3A%220%22%7D%7D%2C%2213-%7C-paragraph%22%3A%7B%22paragraph%22%3A%7B%22b-m%22%3A%7B%22pd-lg%22%3A%7B%22r%22%3A%2240%22%2C%22l%22%3A%2240%22%7D%7D%2C%22clrs%22%3A%7B%22text-align-lg%22%3A%22justify%22%2C%22font-size-lg%22%3A%2218%22%2C%22font-weight-lg%22%3A%22400%22%7D%2C%22text-is-richtext%22%3A%220%22%7D%7D%2C%2214-%7C-h3%22%3A%7B%22h3%22%3A%7B%22b-m%22%3A%7B%22pd-lg%22%3A%7B%22r%22%3A%2240%22%2C%22l%22%3A%2240%22%7D%7D%2C%22clrs%22%3A%7B%22text-align-lg%22%3A%22left%22%2C%22font-size-lg%22%3A%2225%22%2C%22font-weight-lg%22%3A%22500%22%7D%2C%22text-is-richtext%22%3A%220%22%7D%7D%2C%2215-%7C-paragraph%22%3A%7B%22paragraph%22%3A%7B%22b-m%22%3A%7B%22pd-lg%22%3A%7B%22r%22%3A%2240%22%2C%22l%22%3A%2240%22%7D%7D%2C%22clrs%22%3A%7B%22text-align-lg%22%3A%22justify%22%2C%22font-size-lg%22%3A%2218%22%2C%22font-weight-lg%22%3A%22400%22%7D%2C%22text-is-richtext%22%3A%220%22%7D%7D%2C%2216-%7C-h3%22%3A%7B%22h3%22%3A%7B%22b-m%22%3A%7B%22pd-lg%22%3A%7B%22r%22%3A%2240%22%2C%22l%22%3A%2240%22%7D%7D%2C%22clrs%22%3A%7B%22text-align-lg%22%3A%22left%22%2C%22font-size-lg%22%3A%2225%22%2C%22font-weight-lg%22%3A%22500%22%7D%2C%22text-is-richtext%22%3A%220%22%7D%7D%2C%2217-%7C-paragraph%22%3A%7B%22paragraph%22%3A%7B%22b-m%22%3A%7B%22pd-lg%22%3A%7B%22r%22%3A%2240%22%2C%22l%22%3A%2240%22%7D%7D%2C%22clrs%22%3A%7B%22text-align-lg%22%3A%22justify%22%2C%22font-size-lg%22%3A%2218%22%2C%22font-weight-lg%22%3A%22400%22%7D%2C%22text-is-richtext%22%3A%220%22%7D%7D%2C%2218-%7C-h3%22%3A%7B%22h3%22%3A%7B%22b-m%22%3A%7B%22pd-lg%22%3A%7B%22r%22%3A%2240%22%2C%22l%22%3A%2240%22%7D%7D%2C%22clrs%22%3A%7B%22text-align-lg%22%3A%22left%22%2C%22font-size-lg%22%3A%2225%22%2C%22font-weight-lg%22%3A%22500%22%7D%2C%22text-is-richtext%22%3A%220%22%7D%7D%2C%2219-%7C-paragraph%22%3A%7B%22paragraph%22%3A%7B%22b-m%22%3A%7B%22pd-lg%22%3A%7B%22r%22%3A%2240%22%2C%22l%22%3A%2240%22%7D%7D%2C%22clrs%22%3A%7B%22text-align-lg%22%3A%22justify%22%2C%22font-size-lg%22%3A%2218%22%2C%22font-weight-lg%22%3A%22400%22%7D%2C%22text-is-richtext%22%3A%220%22%7D%7D%2C%2220-%7C-h3%22%3A%7B%22h3%22%3A%7B%22b-m%22%3A%7B%22pd-lg%22%3A%7B%22r%22%3A%2240%22%2C%22l%22%3A%2240%22%7D%7D%2C%22clrs%22%3A%7B%22text-align-lg%22%3A%22left%22%2C%22font-size-lg%22%3A%2225%22%2C%22font-weight-lg%22%3A%22500%22%7D%2C%22text-is-richtext%22%3A%220%22%7D%7D%2C%2221-%7C-paragraph%22%3A%7B%22paragraph%22%3A%7B%22b-m%22%3A%7B%22pd-lg%22%3A%7B%22r%22%3A%2240%22%2C%22l%22%3A%2240%22%7D%7D%2C%22clrs%22%3A%7B%22text-align-lg%22%3A%22justify%22%2C%22font-size-lg%22%3A%2218%22%2C%22font-weight-lg%22%3A%22400%22%7D%2C%22text-is-richtext%22%3A%220%22%7D%7D%2C%2222-%7C-h3%22%3A%7B%22h3%22%3A%7B%22b-m%22%3A%7B%22pd-lg%22%3A%7B%22r%22%3A%2240%22%2C%22l%22%3A%2240%22%7D%7D%2C%22clrs%22%3A%7B%22text-align-lg%22%3A%22left%22%2C%22font-size-lg%22%3A%2225%22%2C%22font-weight-lg%22%3A%22500%22%7D%2C%22text-is-richtext%22%3A%220%22%7D%7D%2C%2223-%7C-paragraph%22%3A%7B%22paragraph%22%3A%7B%22b-m%22%3A%7B%22pd-lg%22%3A%7B%22r%22%3A%2240%22%2C%22l%22%3A%2240%22%7D%7D%2C%22clrs%22%3A%7B%22text-align-lg%22%3A%22justify%22%2C%22font-size-lg%22%3A%2218%22%2C%22font-weight-lg%22%3A%22400%22%7D%2C%22text-is-richtext%22%3A%220%22%7D%7D%2C%2224-%7C-h3%22%3A%7B%22h3%22%3A%7B%22b-m%22%3A%7B%22pd-lg%22%3A%7B%22r%22%3A%2240%22%2C%22l%22%3A%2240%22%7D%7D%2C%22clrs%22%3A%7B%22text-align-lg%22%3A%22left%22%2C%22font-size-lg%22%3A%2225%22%2C%22font-weight-lg%22%3A%22500%22%7D%2C%22text-is-richtext%22%3A%220%22%7D%7D%2C%2225-%7C-paragraph%22%3A%7B%22paragraph%22%3A%7B%22b-m%22%3A%7B%22pd-lg%22%3A%7B%22r%22%3A%2240%22%2C%22l%22%3A%2240%22%7D%7D%2C%22clrs%22%3A%7B%22text-align-lg%22%3A%22justify%22%2C%22font-size-lg%22%3A%2218%22%2C%22font-weight-lg%22%3A%22400%22%7D%2C%22text-is-richtext%22%3A%220%22%7D%7D%7D%7D%2C%22b-m%22%3A%7B%22pd-xs%22%3A%7B%22r%22%3A%2240%22%2C%22l%22%3A%2240%22%7D%2C%22pd-lg%22%3A%7B%22r%22%3A%2240%22%2C%22l%22%3A%2240%22%7D%7D%2C%22clrs%22%3A%7B%22text-align%22%3A%22justify%22%7D%7D%7D”][ffb_param route=”o gen repeated-lines 0-|-h2 h2 text”]END-USER LICENSE AGREEMENT [/ffb_param][ffb_param route=”o gen repeated-lines 1-|-paragraph paragraph text”]This End-User License Agreement (“EULA”) is between You (either an individual or a
legal entity) and Luminous Canada Inc. (each a “Party” and collectively “Parties”) for
“Luminous tool (LCI_NSA-V1.0.exe)” in any release and any related electronic or written
documentation (hereinafter the “Software”).
This software is protected under Canada and/or Foreign Copyright Laws and provisions
in international treaties. Unauthorized reproduction and distribution of this software or
parts of it are liable to prosecution. It may be prosecuted according to criminal as well
as civil law and may result in severe punishment and/or damage claims. You must
reproduce and include the copyright notices with any permitted copies You make of the
Software.
By installing, copying, and/or using the Software, You acknowledge and confirm that
You (1) have read and understood the EULA, as well as any other additional terms made
available to you together with the Software (“Additional Terms”), (2), agree to be bound
by the terms and conditions of this EULA and the Additional Terms and (3) have the
power to make such a declaration for your company. Luminous Canada does not license
the Software to You if You do not agree to the terms and conditions of this EULA. In
such an event, do not install the Software and promptly contact Luminous Canada for
instructions on the return of the Software. [/ffb_param][ffb_param route=”o gen repeated-lines 2-|-h3 h3 text”]1. SECURITY DISCLAIMER: [/ffb_param][ffb_param route=”o gen repeated-lines 3-|-paragraph paragraph text”]In order to protect plants, systems, machines, and networks against cyber threats, it is
necessary to implement – and continuously maintain – a holistic, state-of-the-art security
concept. Luminous Canada’s portfolio only forms one element of such a concept.
You are responsible for preventing unauthorized access to your plants, systems,
machines, and networks which should only be connected to an enterprise network or
the internet if and to the extent such a connection is necessary and only when
appropriate security measures (e.g. firewalls and/or network segmentation) are in place.
Additionally, Luminous Canada’s guidance on appropriate security measures should be
taken into account. For additional information, please contact your Luminous Canada
sales representative or visit https://www.luminouscanada.ca/contacts Luminous
Canada’s portfolio undergoes continuous development to make them more secure.
Luminous Canada strongly recommends that updates are applied as soon as they are
available and that the latest versions are used. Use of versions that are no longer
supported, and failure to apply the latest updates may increase your exposure to cyber
threats. Luminous Canada strongly recommends complying with security advisories on
the latest security threats, patches, and other related measures, published.
[/ffb_param][ffb_param route=”o gen repeated-lines 4-|-h3 h3 text”]2. LICENSE GRANT AND USE RESTRICTIONS:[/ffb_param][ffb_param route=”o gen repeated-lines 5-|-paragraph paragraph text”]Luminous Canada grants You a non-exclusive, non-transferable license to use the
Software in object code form and solely for your use. The license grant is subject to the
following limitations:
a) If the Software was obtained by You from Luminous Canada directly or through its
licensed distributors for use on a single machine, then You may only install the Software
on a single machine owned or licensed by You at any one time.
b) If the Software was obtained by You from Luminous Canada or its distributors for
networked use, You may copy and distribute the Software over an internal network for
use, at any one time, by the number of active concurrent users for which You obtained a
license key from Luminous Canada.
c) You may make only one copy of the Software as an archival backup copy of the
original. If this Software includes any related documentation provided in electronic form,
You may print copies of this electronic documentation.
d) You may not distribute, sublicense, rent, lend, lease, assign or transfer this EULA, the
Software, or its components, in whole or in part without the express written consent
from Luminous Canada.
e) You may not or direct any third party to reverse engineer, decompile, or disassemble
those Software programs except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.
f) You also shall not or direct any third party to (i) modify or create a derivative work of
the Software, or (ii) extract any individual parts except and only to the extent that such
activity is expressly permitted by applicable law notwithstanding this limitation.
g) This EULA does not grant You any rights whatsoever in relation to the trademarks or
service marks of Luminous Canada.
[/ffb_param][ffb_param route=”o gen repeated-lines 6-|-h3 h3 text”]3. MISUSE OF THE LICENSED SOFTWARE:[/ffb_param][ffb_param route=”o gen repeated-lines 7-|-paragraph paragraph text”]If a misuse of the Software by You requires Luminous Canada or any licensor of
Luminous Canada to engage in any legal or other proceedings to enforce their rights
under this EULA, Luminous Canada and/or its licensor shall be entitled to recover from
You, in addition to any other sums due, reasonable attorney’s fees, costs, and
disbursements unless otherwise agreed in separate writing between the Parties.
[/ffb_param][ffb_param route=”o gen repeated-lines 8-|-h3 h3 text”]4. ADDITIONAL TERMS FOR THIRD PARTY COMPONENTS: [/ffb_param][ffb_param route=”o gen repeated-lines 9-|-paragraph paragraph text”]This EULA applies to updates, releases, revisions, enhancements, or supplements to the
original Software provided by Licensor or Luminous Canada (“Updates”) unless Licensor
or Luminous Canada provides other terms along with the Update. The Software may
contain certain components such as open-source software components or third-party
components licensed by Luminous Canada (each, a “Component”). Each Component
may have a separate end user license agreement (a “Third Party License”).
The terms of any Third Party License (if any) that apply to the Software are specified and
part of the Additional Terms. [/ffb_param][ffb_param route=”o gen repeated-lines 10-|-h3 h3 text”]5. OTHER THIRD PARTY SOFTWARE NOT PROVIDED:[/ffb_param][ffb_param route=”o gen repeated-lines 11-|-paragraph paragraph text”]Except where the parties agree in writing to the contrary, you are solely responsible for
ensuring that: (i) the system on which the Software is installed, run, and/or used
contains all third party software not contained in or bundled with the Software as
delivered and that is necessary to run, install and/or use such Software (“Other Third
Party Software”) and (ii) You and/or your system fulfill the requirements of all required
licenses for such Other Third-Party Software. [/ffb_param][ffb_param route=”o gen repeated-lines 12-|-h3 h3 text”]6. TERMINATION:[/ffb_param][ffb_param route=”o gen repeated-lines 13-|-paragraph paragraph text”]This EULA is effective from the first date You install, copy, or otherwise use the Software.
You may terminate this EULA at any time by deleting or destroying the Software, all
backup copies, and all related materials provided to You by Luminous Canada except
where otherwise is agreed between Luminous Canada and You. Without prejudice to
any other rights of Licensor or Luminous Canada, Your license rights terminate
automatically and immediately without notice if You fail to comply with any provision or
condition of this EULA. In such a case You will be obliged to destroy all copies, all
related materials of the Software, and all its components. [/ffb_param][ffb_param route=”o gen repeated-lines 14-|-h3 h3 text”]7. WARRANTY DISCLAIMER: [/ffb_param][ffb_param route=”o gen repeated-lines 15-|-paragraph paragraph text”]Unless Luminous Canada agrees in a separate writing to provide an exception to this
warranty disclaimer concerning the Software Luminous Canada shall be only liable for
defects and any violation of property rights as outlined in this Clause as follows:
You acknowledge the Software is provided “as is” and neither Luminous Canada nor any
of the licensors make any representation or warranties, express or implied, including but
not limited to the warranties of merchantability or fitness for the particular purpose or
that the Software will not infringe any third party patents, copyrights, trademarks or
other rights. There is no warranty by Luminous Canada or their licensor or by any other
party that the functions contained in the Software will meet your requirements or that
the operation of the Software will be uninterrupted or error-free. No oral or written
information or advice given by a Luminous Canada representative shall create a
warranty of in any way affect this disclaimer. You assume all responsibility to achieve
your intended results and for the installation, use, and results obtained from it. This
exclusion shall not apply in the event of gross negligence, unlawful intent, or insofar as
mandatory law provides otherwise. [/ffb_param][ffb_param route=”o gen repeated-lines 16-|-h3 h3 text”]8. LIMITATION OF LIABILITY: [/ffb_param][ffb_param route=”o gen repeated-lines 17-|-paragraph paragraph text”]Unless otherwise agreed in separate writing between the parties, in no event shall
Luminous Canada, its employees, licensors, affiliates, or agents be liable for any costs of
procurement of substitute goods or services, loss of data, loss of use, property damage,
loss of profits interruption of business or any special, indirect, incidental, economic,
punitive or consequential damages, however, caused, and whether arising under
contract, tort, negligence, or other theory of liability, or arising out of the use of or
inability to use the Software, even if Luminous Canada is advised of the possibility of
such damages. The limitation of liability shall not apply if and to the extent Luminous
Canada’s liability is mandatory under the applicable law.
[/ffb_param][ffb_param route=”o gen repeated-lines 18-|-h3 h3 text”]9. TECHNICAL SUPPORT AND AUDIT: [/ffb_param][ffb_param route=”o gen repeated-lines 19-|-paragraph paragraph text”]Luminous Canada and its affiliates have no obligation to furnish You with technical
support services or to debug the Software unless separately agreed in writing between
You and Luminous Canada. Luminous Canada and where applicable their licensors in the
Software shall be free to use any feedback and/or technical data including audit data
received from You resulting from your access to and use of the Software for any
purpose including (without limitation) development, manufacture, marketing, product
ordering, and maintenance or support of products and services. If and insofar as
permissible under the relevant laws You permit Luminous Canada and its affiliates to
audit the use of the Software and will give assistance and access to the necessary
information. [/ffb_param][ffb_param route=”o gen repeated-lines 20-|-h3 h3 text”]10. DATA PROTECTION: [/ffb_param][ffb_param route=”o gen repeated-lines 21-|-paragraph paragraph text”]You acknowledge that Luminous Canada uses a software-based solution for the
administration of data and license information. You agree that Luminous Canada stores
and uses all data and information required for the business relationship between You
and Luminous Canada or resulting from said relationships, especially but not limited to
contractual documents and papers as well as data and information of and about You
and Your auxiliary persons necessary for the performance of the contract. Such
information may be stored and used in and outside Canada. Furthermore, all this data
and information may be disclosed to Luminous Canada’s associated companies for
corresponding processing, especially for providing services, fulfillment of legal
requirements, or for Luminous Canada internal audit and/or supervisory requirements;
this is always in compliance with respectively applicable data protection laws. [/ffb_param][ffb_param route=”o gen repeated-lines 22-|-h3 h3 text”]11. EXPORT CONTROL: [/ffb_param][ffb_param route=”o gen repeated-lines 23-|-paragraph paragraph text”]The Software, including technical data / cryptographic software, may be subject to
Canada, U.S, European Union export controls and may be subject to import or export
controls in other countries.
You agree to strictly comply with all applicable import and export regulations when
distributing or using the Software. Luminous Canada shall not be obligated to fulfill this
agreement if such fulfillment is prevented by any impediments arising out of Canada
national or European Community and US Re-export international foreign trade or
customs requirements or any embargoes or other sanctions. [/ffb_param][ffb_param route=”o gen repeated-lines 24-|-h3 h3 text”]12. MISCELLANEOUS:[/ffb_param][ffb_param route=”o gen repeated-lines 25-|-paragraph paragraph text”]Unless Luminous Canada has given separate individual contract conditions in writing
this EULA represents the entire agreement between You and Luminous Canada relating
to the Software and (i) supersedes all prior or contemporaneous oral or written
communications concerning its subject matter; and (ii) prevails over any conflicting or
additional terms of any communication between the Parties during the term of this
EULA. If any provision of this EULA is held invalid, all other provisions shall remain valid
unless such validity would frustrate the purpose of this EULA, and this EULA shall be
enforced to the full extent allowable under applicable law.
© Luminous Canada 2020, All rights reserved.[/ffb_param][/ffb_section-heading_2][/ffb_column_1][/ffb_section_0]
