EMU End User License Agreement

Definitions

“Agreement” refers to these Terms & Conditions for subscription and use of the Software License

“License” Official or legal permission to engage in a regulated activity. A License Voucher Code is generated by ENTTEC PTY LTD to grant the use of EMU when the associated subscription is active or other permission has been granted by ENTTEC.

“Software” refers to ‘EMU’, ENTTEC’s Lighting control system with inbuilt software licensing and delivery model in which the software is licensed on a subscription basis

“We” ENTTEC PTY LTD

“You” the licensee and recipient of the service

1. License

By receiving, opening the file package and or using EMU Software you accept and follow the terms and conditions of EMU’s End User License Agreement (EULA) this End User License Agreement.

This This End-User License Agreement (EULA) is a legal agreement between you and ENTTEC PTY LTD that grants you the following rights: non-exclusive installation and use. Each license is registered to one person and covers the use of the EMU software product on one computer at a time.

By installing, copying, or otherwise using the software product, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, or use the software product.

2.Term

This agreement commences on the date you download the Software. Using ENTTEC’s services signifies your acceptance to the terms and conditions stated within this document, and continues until the expiry of the plan, unless formally terminated by ENTTEC.

3. License Grant and Use of the Software

Software License. Upon downloading this promotional time limited ‘free’ license, ENTTEC grants you a non-exclusive, non-transferable, revocable license to access and use the EMU Software features.

Once you sign up for a free time limited version of the software, you will be sent and acknowledgement email with instructions on how to redeem and activate your license voucher.

A License Voucher Code is generated by ENTTEC to grant the use of EMU when the associated subscription is active or free time limited license has been granted by ENTTEC.

4. Access and Usage Restrictions

Each license / license voucher can only be used to run a single incidence of EMU software at any one time. This license can be transferred between computers using ENTTEC’s infrastructure.

As the User and/or User, you will not:

a. Reproduce, modify, adapt or create derivative works of any part of the software

b. Sell, distribute, sub-license, rent, or transfer ENTTEC software to a third party without written permission from ENTTEC.

c. Incorporate the software into a product or service you provide to a third party without written permission from ENTTEC.

d. Interfere with any license key mechanism

e. Reverse engineer, disassemble, decompile or translate the source code or inbuilt fixture library.

5. System Requirements

You are solely responsible for ensuring that your computer system meets the hardware and software requirements, as specified on the software’s documentation.

6. Support and Maintenance

Users of free EMU software licenses are not entitled to phone and email Support from ENTTEC PTY LTD, ENTTEC AMERICAS LLC or ENTTEC EUROPE LTD.

A Valid Software License provides access to a forum where you can share comments (www.emulighting.com/index.php <http://www.emulighting.com/index.php>), as well as an external fixture library downloadable through the EMU application itself.

7. Termination of Subscription

Software Termination:

ENTTEC may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all its component parts.

8. Property Rights

You agree and accept that all ownership rights, title and interest in the Software, documentation and all copies derivatives and abstracts thereof, including without limitation all copyrights, and other proprietary rights therein and thereto, are and shall remain the exclusive property of ENTTEC PTY LTD.

All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, libraries, and examples incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by the ENTTEC PTY LTD. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Consequently, you must treat the SOFTWARE PRODUCT like any other copyrighted material.

9a. Data Use and Collection

It may become necessary for ENTTEC to collect personal information such as your telephone number address, profession with the primary purpose of collecting, storing and using personal information to create an ENTTEC account to allow your license to be managed.

ENTTEC may also use personal information to communicate with you; to send you news and information about other ENTTEC products; and to provide us with data for internal marketing purposes.

ENTTEC handles data in line with GDPR guidelines and does not disclose, sell, or share personal information to third parties.

Security measures are used to use to protect against the loss, misuse and alteration of data used by our system.

9b. Anonymous tracking

By default, EMU is configured to share anonymous usage statistics and telemetry data with ENTTEC to improve EMU to ensure it is tailored to the market.

This can be disabled within the software following a restart.

This includes but is not limited to:

-EMU version information

-Device information

-Connected output hardware

-CPU load

-Errors & crash logs

This anonymous information is used for software improvement only and does not disclose, sell, or share any personal information with third parties.

10. Liability and Indemnity

ENTTEC does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. As the licensee you assume full responsibility for the selection of the Software to achieve the intended results.

Any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.

You acknowledge that ENTTEC will not be liable for defects of the Software resulting from unlawful or un-permitted interferences or from your or third parties’ use of the Software contrary to the Software documentation.

ENTTEC is not liable for any losses or damages arising out the use of the Software.

NO LIABILITY FOR DAMAGES. In no event shall ENTTEC PTY LTD, ENTTEC AMERICAS LLC or ENTTEC EUROPE Ltd be liable for any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if the Author of this Software is aware of the possibility of such damages and known defects.