LIGHTSPEED SYSTEMS LICENSE AGREEMENT

Legal Notices

IMPORTANT – READ CAREFULLY: This license Agreement (the “agreement”) is a legal contract between you (either an individual or a single business entity, hereinafter referred to as “you”) and Lightspeed Systems, Inc., for the enclosed or included Lightspeed Systems computer software including associated media, printed materials, and “online” or electronic documentation (collectively, the “Lightspeed Systems Software”).

By opening this envelope, or by installing, copying, or otherwise using the Lightspeed Systems Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do no install or use the Lightspeed Systems Software.

You are entitled to receive a full refund of any payment made for the Lightspeed Systems Software if you request a refund in writing and return all media and materials relating to the Lightspeed Systems Software in unopened, unused condition within 15 days of payment.

LICENSE

Lightspeed Systems hereby grants to you, as End-User, and you accept, a non-exclusive, non-transferable license to use the Lightspeed Systems Software in compiled, object code form, subject to the terms and conditions of this License. Following acceptance of this Agreement, you may install as many copies of server software as necessary to effectively deploy Lightspeed Systems Software on your network in accordance with the number of users under subscription.

This License is effective upon opening the software media package or installing the software on a network server. The grant of the License shall automatically terminate without notice if you breach any of the provisions hereof. In such event, you must destroy all copies of the Lightspeed Systems Software and all of its component parts. You may terminate the grant of the license at any time by destroying all of the Lightspeed Systems Software.

LIFE OF DEVICE LICENSING

Lightspeed Systems Relay and Bundle for Windows solutions are sold with a life of device license. Life of device is defined as the time from device purchase until it is taken out of circulation in the organization.
 
Licenses will transfer to replacement devices if a device malfunction is covered by the hardware manufacturer warranty.

If devices are refreshed within 12 months from the date of Relay/Bundle license purchases, those licenses can be transferred to the new devices.

LIMITATIONS ON THE LICENSE

You shall not assign, sublicense, transfer, pledge, lease, or rent your rights under the license.

You shall not reverse engineer, decompile, or disassemble the Lightspeed Systems Software (except in the case of FFmpeg). You may not publish, re-publish, or otherwise redistribute, nor may you print or reprint other than for your own use, the Lightspeed Systems Software, in any form, without written permission from Lightspeed Systems. This limitation does not prohibit sharing database entries with other Lightspeed Systems Software customers.

You are solely responsible for maintaining the Lightspeed Systems Software and the security of the operating environment in which the Lightspeed Systems Software may be used. You are solely responsible for all of your costs and expenses incurred in connection with your use of the Lightspeed Systems Software or any application program thereunder, and Lightspeed Systems shall have no liability, obligation, or responsibility therefore. For the duration of your subscription, Lightspeed Systems will provide Lightspeed Systems software database updates, maintenance, support, upgrades, and new releases. The terms of support or maintenance are the subject of a separate agreement; provided, however, that any supplemental software provided to you as part of a support service or maintenance agreement will be considered part of the Lightspeed Systems Software and subject to the terms and conditions of this Agreement.

PROPRIETARY RIGHTS

Copyright. All title and copyrights in and to the Lightspeed Systems Software (including without limitation, any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the Lightspeed Systems Software), the accompanying media and printed materials, and any copies of the Lightspeed Systems Software are owned by Lightspeed Systems.  Copyright laws and international treaty provisions protect the Lightspeed Systems Software. Therefore, you must treat the Lightspeed Systems Software like any other copyrighted material, subject to the provisions of this Agreement.

Trademark. Lightspeed Systems, My Big Campus, and Total Traffic Control are registered trademarks of Lightspeed Systems. No right, license, or interest to such trademark is granted hereunder, and you agree that you will not assert such right, license, or interest with respect to such trademark.

U.S. Government Agencies. Lightspeed Systems Software and documentation are provided with RESTRICTED RIGHTS. The U.S. government’s use, duplication, or disclosure is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Right in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software3/4Restricted rights at 48 CFR 52.227-19, as applicable.  For this purpose, the manufacturer is Lightspeed Systems, Inc., 1800 19th St., Bakersfield, CA 93301.

Submissions. Should you decide to transmit to Lightspeed Systems’ website or office by any means or by any media any materials or other information (including, without limitation, ideas, concepts, or techniques for new or improved services and products), whether as information, feedback, data, questions, comments suggestions, or the like, you agree such submissions are unrestricted and shall be deemed non-confidential and you automatically grant Lightspeed Systems and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, use, copy, transmit, distribute, create derivative works of, display and perform the same.

FFmpeg. This software uses libraries from the FFmpeg project under the LGPLv2.1. Lightspeed Systems does not own FFmpeg. FFmpeg is licensed under the GNU Lesser General Public License (LGPL) version 2.1 or later. Learn more about FFmpeg, its ownership, and usage.

DISCLAIMER OF WARRANTY OF PERFORMANCE

THE LIGHTSPEED SYSTEMS SOFTWARE IS PROVIDED “AS IS.” LIGHTSPEED SYSTEMS AND ITS DISTRIBUTORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE LIGHTSPEED SYSTEMS SOFTWARE. LIGHTSPEED SYSTEMS AND ITS DISTRIBUTORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. LIGHTSPEED SYSTEMS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LIGHTSPEED SYSTEMS SOFTWARE WIL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE LIGHTSPEED SYSTEMS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU BEAR THE ENTIRE RISK REGARDING THE QUALITY AND PERFORMANCE OF THE LIGHTSPEED SYSTEMS SOFTWARE. ANY LIABILITY OF LIGHTSPEED SYSTEMS FOR A DEFECTIVE COPY OF THE SOFTWARE APPLICATION WILL BE LIMITED EXCLUSIVELY TO REPLACING THE DEFECTIVE SOFTWARE APPLICATION WITH ANOTHER COPY OR REFUNDING THE INITIAL LICENSE FEE LIGHTSPEED SYSTEMS RECEIVED FOR THE DEFECTIVE COPY OF THE PRODUCT. IN NO EVENT WILL LIGHTSPEED SYSTEMS OR ITS DISTRIBUTORS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR SAVINGS, EVEN IF A LIGHTSPEED SYSTEMS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM TO ANY THIRD PARTY.

Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages, or the exclusion of implied warranties or limitations on how long a given warranty may last, so the above exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights that vary from one state or jurisdiction to another.

MISCELLANEOUS TERMS

No Export. You agree not to export or transmit the Lightspeed Systems Software, directly or indirectly, to any restricted countries or in any manner that would violate United States laws and regulations as shall from time to time govern the license and delivery of technology abroad by persons subject to the jurisdiction of the United States, including the Export Administration Act of 1979, as amended, and any export administration regulations issued thereafter.

Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State of California, without regard to the conflicts of law principles, thereof.

Severability. Should any court of competent jurisdiction declare any term of this License Agreement to be void or unenforceable, such declaration shall have no effect on the remaining terms hereof.

No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party In the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

Correspondence. Address all other correspondence regarding this license to:

Lightspeed Systems, Inc.
2500 Bee Cave Road
Building One, Suite 350
Austin, TX 78746