End-User License Agreement
This License Agreement sets out your rights and obligations in respect of the use of Liveloop’s software products, ‘Liveloop Lite’ and ‘Liveloop Pro’.
IMPORTANT: PLEASE READ THIS END-USER LICENSE AGREEMENT (“EULA” OR “AGREEMENT”) CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING ‘LIVELOOP LITE’ OR ‘LIVELOOP PRO’ (the “SOFTWARE”). This EULA sets out the terms that apply to the use of the Software, which includes computer software and may include associated media, and online or electronic documentation. This EULA is legally binding between you, the end user (either an individual or a single entity), and Liveloop BV (“Liveloop”) and applicable to your purchase and/or use of the Software. For the avoidance of doubt, this EULA is not a sale of the Software. This means, except for the license rights expressly granted to you herein, you will have no right, title or interest in the Software. By clicking on “Agree”, you agree to be bound by the terms of this EULA. If you do not agree to be bound by the terms of this EULA, click on the “Disagree” button and do not subsequently download, install, or use the Software.
You are referred to herein as “you” or “Licensee”. The term “you” or “Licensee” include you and any of your owners, employees, partners, independent contractors, subsidiaries, affiliates, and assigns. We may be referred to herein as “us”, “we” or “Liveloop”. The terms “us”, “we” and “Liveloop” includes us and our owners, employees, subsidiaries, independent contractors, and assigns.
- Grant of License
Subject the terms and conditions of this EULA, during the term of this EULA, Liveloop grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Software. This License is expressly limited to your personal use, or if you are acting on behalf of a business entity, use in your business’ internal operations.
2.1 License Key
In order to use the Software, you are required to activate the Software by entering the License Key. The License Key is a serial number that enables you to activate and use the Software. You must activate the Software online. Each day, or each time the Software is launched the Software shall connect to the validation service to verify the license status and extend the License Key. As long as the Software can connect to the Liveloop server at least once every thirty (30) days, the Software remains functional. If the Software cannot refresh the License Key for more than thirty (30) days, the License Key shall be suspended, and the Software will not function until the next time a connection can be made.
You: (i) may download, install, and use the Software on maximum three (3) computing devices per single user license that you have purchased and have been granted; (ii) may only use the Software on one (1) computer device at a time; (iii) are responsible for any necessary hardware or software, and that they are compatible with the Software and properly configured; (iv) must have connectivity required to access the internet; (v) are responsible to validate the License Key by connecting to the internet at least once every thirty (30) days; (vi) must prevent unauthorized access to or use of the Software; and (vii) must use the Software only in accordance with all applicable laws and regulations.
You shall not: (i) make the Software available to any third party. This includes but is not limited to rent, lease or sale of the Software; (ii) download, install and use a copy of the Software on a greater number of computing devices as allowed by this EULA (iii) use, copy, modify, reverse engineer, decompile, disassemble, or transfer the Software or any copy in whole or part except as expressly provided in this EULA; and (iv) alter or remove any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software.
- Lite version
If you have downloaded the Lite version of the Software, you are entitled to use the Software free-of-charge. The Lite version of the Software may have restrictions, such as limited features and functionality. Money is charged for the Pro Version which has additional features and functionality. To access additional features and functionality you must purchase a License Key for the Pro Version. Liveloop may suspend or cancel the access or availability of the Lite version of the Software without notice or liability to the Licensee for technical, operational, upgrades, or any other reason.
Liveloop may develop upgrades and other modifications to the Software to improve the performance of its products (“Updates”). Liveloop has sole discretion as to the type, scope, or timing of Updates, or whether or not to issue them. Liveloop may notify you via the Website or email whenever Updates are available. The updated Software is subject to the EULA.
- Intellectual Property
All title, copyright and other intellectual or proprietary rights in and to the Software (including but not limited to any images, animations, audio, music, and text incorporated into the Software), and any copies of the Software are and remain property of Liveloop. All rights not expressly granted are reserved by Liveloop.
THE SOFTWARE IS PROVIDED TO YOU “AS IS”, AND YOU AGREE TO USE IT AT YOUR OWN RISK. LIVELOOP MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USEFULNESS, USE OR RESULTS TO BE OBTAINED FROM THE SOFTWARE, OR THAT THE SOFTWARE OR USE THEREOF WILL BE UNINTERRUPTED OR ERROR FREE.
- Liability and Indemnification
LIVELOOP SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL LOSS OR DAMAGE OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT OR REVENUE). EXCEPT IN CASES OF INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, ANY LIABILITY ON THE PART OF LIVELOOP FOR DAMAGES ARISING OUT OF OR IN IN ANY WAY RELATING TO THE SOFTWARE, CONTRACTUAL OR OTHERWISE, IS LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE SOFTWARE. NO LIABILITY EXISTS IN CASE DAMAGES WERE NOT REPORTED IN WRITING WITHIN THREE DAYS AFTER DISCOVERY TO LIVELOOP BY SENDING AN E-MAIL TO SUPPORT@LIVELOOP.LIVE.
YOU INDEMNIFY, DEFEND AND HOLD HARMLESS LIVELOOP AGAINST ALL THIRD PARTY CLAIMS IN CONNECTION WITH YOUR USE OF THE SOFTWARE OR YOUR FAILURE TO COMPLY WITH THIS EULA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- Term and Termination
The term of EULA commences on the date that you install, copy or otherwise first use the Software and will continue in effect until terminated as set forth in this Article 8; (i) Your license to use the Software will terminate by termination of the EULA; (ii) You may terminate this EULA by deleting the Software and all copies from your computing device; (iii) Liveloop may terminate this EULA without any notice and with immediate effect if you violate any of the terms and conditions of this EULA.
Upon termination: all rights granted to you under this EULA will be terminated; and you must cease all use of the Software and delete all copies of the Software from your computing device(s).
If any of the provisions of this EULA is held to be void, unenforceable or illegal, the other provisions shall continue in full force and effect. The affected provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the applicable law.
This EULA shall be exclusively governed by the laws of The Netherlands. The competent court in the Netherlands shall have exclusive jurisdiction with regards to disputes arising from these Terms.
- Entire Agreement
The terms and conditions contained in this EULA, constitute the entire agreement between Liveloop and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between Liveloop and you with respect to such subject matter.
- Amendment and Assignment
Liveloop reserves the right to amend any of the terms of this EULA at its sole discretion by posting notice on www.liveloop.live or by using any other legally recognizable form of notice. If you do not agree to the amendment you should contact us promptly through the contact form at www.liveloop.live or firstname.lastname@example.org. You agree that your continued use of the Software after the effective date of any such notice will constitute your consent and acceptance of the amendment. Liveloop may assign its rights and obligations under this agreement to a third party that acquires the relevant business from Liveloop.
If you have any questions regarding this EULA please contact Liveloop through the contact form at www.liveloop.live or email@example.com.