Terms of Service

Acceptance

By using the sites and services of Lumerical Inc. (“Lumerical”), including our websites, you agree to these terms and consent to the collection, use and disclosure of your personal information in accordance with our privacy policy. If you are using our sites and services on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these terms and that you are agreeing to these terms on behalf of that business or entity. If you do not accept these terms or consent to the collection, use and disclosure of your personal information in accordance with our privacy policy, you are not permitted to use our sites and services.

Additional Terms

Our sites and services, which include products available through our sites, may be governed by additional terms that are posted elsewhere on our websites, including the Lumerical License Agreement. Those additional terms are incorporated into these terms and you agree to them by using our sites and services.

Amended Terms

You should review these terms, and any additional terms, regularly as Lumerical may revise them at any time by posting or otherwise giving you notice of the amended terms. By using our sites and services after the posting or other notice of the amended terms, you agree to these terms as amended.

Intellectual Property

The content of our sites and services, including names, words, titles, phrases, logos, icons, images, graphics, videos, interactive features, products, designs, media, text, scripts, project files, arrangements, specifications, text, software, data, information and other materials on or available through our sites and services, are the intellectual property of Lumerical or its licensors and are protected by intellectual property laws.

You are not granted any ownership, license or other right to any intellectual property of Lumerical or its licensors or to our sites and services except that Lumerical grants you a non-exclusive, non-transferable, revocable and limited authorization to access and use our sites and services for their intended purposes subject to your compliance with these terms and our policies. All other rights are expressly reserved.

Lumerical respects intellectual property rights. If you believe that any posted content violates copyright or intellectual property rights, you are encouraged to notify Lumerical.

Prohibited Use

You agree not to:

  • violate applicable laws or legal rights of any other person;
  • use our sites and services in any manner that could damage, disable, or impair any of Lumerical’s systems or interfere with any other person's use of the sites and services
  • attempt to gain unauthorized access to any feature of the sites and services or other accounts;
  • circumvent, disable or otherwise interfere with security-related features of our sites and services or features that prevent or restrict use or enforce limitations on use of our sites and services;
  • reproduce, distribute, transmit, broadcast, display, sell, license, frame, mirror, reverse-engineer or otherwise exploit any part of our sites and services unless explicitly permitted by Lumerical;
  • use our sites and services to (a) compete with products offered by the Lumerical; (b) reference other products that compete with those offered by Lumerical; or (c) sell or market your products or sites and services to others without the consent of Lumerical.

Submitting Content

Our sites and services may include user forums, exchanges, online courses and other areas that permit you to submit content to our sites and services.

By submitting any content to our sites and services, you represent, warrant and agree that:

  • you have all necessary rights and consents to the submitted content;
  • submitted content (a) does not infringe or violate any copyright, trademark or other right of any other person or entity; (b) is not libelous, defamatory, abusive, threatening, harassing, offensive or otherwise violate any law; (c) is not malicious or destructive in nature; (d) does not contain a virus, Trojan horse, worm or other computer programming routine or engine that is intended to damage or otherwise interfere with any system, data or information; (e) is offered free of charge; and (f) may be accessed and used by others; and
  • you are solely responsible for (a) all content that you upload, post, e-mail, transmit or otherwise make available through our sites and services, and (b) compliance with any applicable laws, rules and regulations, including without limitation any applicable export or import control laws and regulations, with regard to all content that you submit, use, download, import, export or re-export.

By submitting any content to our sites and services, you hereby grant to Lumerical a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable license, with the right to sublicense (through multiple tiers of distribution), to access, copy, display, use, download, transform, modify, distribute or otherwise exploit such content, and all included data, information and other materials submitted.

Using Content

You are permitted to access and use our sites and services for the purposes of learning to use Lumerical products, sharing usage tips and best practices with the Lumerical user community, and providing feature requests and other feedback to Lumerical. You may not use our sites and services to develop, or assist in the development of, any commercial or non-commercial software solutions or related digital content that are competitive with Lumerical’s products and services. All compiled, encrypted or obfuscated source code, or other source code conspicuously marked as being read-only, cannot be modified or reverse-engineered, and is for your internal use only.

You understand and acknowledge that:

  • our sites and services may (a) restrict your use of content, including through technical measures, license terms or other methods, and (b) may contain content provided by persons other than Lumerical or its personnel; and
  • Lumerical does not (a) control all content available through our sites and services; (b) guarantee the accuracy, integrity or quality of any content available through our sites and services; (c) endorse the views of others expressed through the sites and services; or (d) guarantee the confidentiality of any content you submit.

Accounts

In order to access certain services, you may need an account that includes a username and password. You may not use another person's account or impersonate another person. Any contact or other information you provided must be current, complete and accurate. You agree to notify Lumerical immediately of any breach of security or unauthorized use of your account. You are solely responsible for the activity that occurs under your account and for keeping your account login information secure.

Moderation

Lumerical has no obligation or responsibility to monitor or review the any content submitted to our sites and services. However, Lumerical reserves the right, in its sole discretion for any reason and at any time, to moderate and to refuse to post, or to remove, any content from our sites and services.

Lumerical may grant and revoke, at any time and in its discretion, privileges to moderate certain parts of our sites and services to users in accordance with its moderation policies. If Lumerical grants you moderation privileges, you agree to comply with its policies and instructions and report or remove any content in accordance with those policies that, in your reasonable opinion, violates these terms.

Third Party Interactions

Our sites and services may have links to other sites or services not provided by us, including social media sites that Lumerical may use along with you. These links take you off our sites and are beyond Lumerical’s control. Those sites or services have their own separate terms and conditions. You should review their terms and conditions to determine if they are acceptable to you. Lumerical is not responsible for the availability, content, accuracy or activities of other sites or services or their contents. You therefore access them entirely at your own risk.

Limitation of Liability

You agree that your use of our sites and services will be at your sole risk. Our sites and services are provided “as is”. To the fullest extent permitted by law, Lumerical, its officers, directors, employees, agents and affiliates disclaim all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement, in connection with our sites and services and your use thereof. Lumerical makes no warranties or representations about the accuracy or completeness of our sites and services, including content available through our sites and services, and assumes no liability or responsibility for any (a) errors, mistakes or inaccuracies of our sites and services; (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our sites and services; (c) any unauthorized access to or use of Lumerical 's servers and/or any and all information, including personal information, stored therein; and (d) any interruption or cessation of transmission to or from our sites and services.

In no event will the Company, its officers, directors, employees, agents and affiliates, be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from your use of our sites and services or any content available through our sites and services, whether based on warranty, contract, tort or any other legal theory, and whether or not Lumerical is advised of the possibility of such damages. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.

General

If you breach any of these terms, your authorization to use our sites and services automatically terminates. Lumerical reserves the right to temporarily suspend or permanently terminate your access to all or portions of our websites in its sole discretion. Lumerical reserves the right to discontinue any aspect of our sites and services at any time.

These terms will be interpreted, enforced and construed and the rights of the parties hereunder governed in all respects by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to the conflict of laws principles, and you consent to the jurisdiction of the federal and provincial courts located in the Province of British Columbia and consent to the service of process, pleadings and notices in connection with any and all actions initiated in such courts. You agree that a final judgment in any such action or proceeding will be conclusive and binding and may be enforced in any other jurisdiction.

If any provision of these terms is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If Lumerical does not enforce any right or provision of these terms, that is not to be deemed a waiver of the right to do so in the future.

 

Revised: September 28, 2017