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End User Licence Agreement (EULA)

This End-User License Agreement (“EULA”) is a legal agreement between you (either as an individual or on behalf of an entity) (“Licensee”) and Presence B.V., doing business as Superluminal (“Superluminal”) regarding your use of Superluminal’s software and applications, limited to Superluminal Performance and Superluminal Account Portal and any associated documentation (“Documentation”), upgrades, patches, updates, bug fixes, error corrections (“Updates”) and any related services offered to you by Superluminal (“Software”).

This EULA will enter into force upon Licensee’s acceptance of the EULA through superluminal.eu (“Website”), use, installation and/or download of the Software (the “Use”), whichever comes first (“Effective Date”).

BY USING, INSTALLING, DOWNLOADING OR COPYING THE SOFTWARE, LICENSEE ACKNOWLEDGES ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS EULA. IF LICENSEE DOES NOT ACCEPT THE TERMS AND CONDITIONS IN THIS EULA, LICENSEE MAY NOT USE, INSTALL, DOWNLOAD OR COPY THE SOFTWARE.

1. LICENSE

  • 1.1 License. Subject to the terms and conditions of this EULA and upon payment of any fees, Superluminal grants Licensee a non-transferable, non-exclusive, nonsublicensable, revokable right and license (“License”) to Use the Software as described in the Documentation.
  • 1.2 Type of License. The License Type is specified on the Website and communicated to Licensee in writing. Licensee is responsible for selecting the correct License Type.
  • 1.3 Personal License. Grants an individual the License for personal, non-commercial use. This license is perpetual unless terminated.
  • 1.4 Business License. Grants a legal entity the License for commercial purposes for a specific term.
  • 1.5 Enterprise License. Grants a legal entity the License for commercial purposes with specific features as specified on the Website.
  • 1.6 Educational License. Grants an academic individual or institution the License for educational purposes. Commercial use is prohibited.
  • 1.7 Trial License. Grants a License for evaluation purposes for fourteen (14) calendar days.
  • 1.8 Use Limitation. Managed in accordance with Section 2 (“Seat”). Each Seat may be activated on three (3) separate computers.
  • 1.9 Restrictions. Licensee shall not modify, reverse engineer, decompile, or redistribute the software.
  • 1.10 Object Code. The License is limited to the object code. Source code rights are not provided.
  • 1.11 Updates. Superluminal may release automatic or manual Updates. Licensee consents to receiving these Updates.
  • 1.12 Back-ups. Licensee is fully responsible for generating adequate back-ups.

2. ACCOUNT PORTAL

  • 2.1 Account. Seats are activated or deactivated through the Account Portal.
  • 2.2 Account Portal. Used for management of billing, Seats, and activated machines.
  • 2.3 Account Restriction. Licensee is not permitted to transfer the Account.
  • 2.4 Activation and Deactivation of Seats. Individual Seats are managed through the Account Portal.
  • 2.5 Login Information. Licensee is solely responsible for maintaining the confidentiality of Login Information.
  • 2.6 Misuse. Superluminal may provide instructions in case of suspected misuse; failure to follow them is a breach.

3. TITLE

  • 3.1 Retention of Title. Superluminal owns all rights, title, and interest in the Software.
  • 3.2 Feedback. Superluminal may freely use and exploit any Feedback provided by the Licensee.

4. FEES AND PAYMENT

  • 4.1 Fees. Fees are payable within fourteen (14) days from the invoice date.
  • 4.2 Payment. All Fees are non-cancellable and non-refundable.
  • 4.3 Price Index. Fees may be subject to a yearly increase (lesser of 4% or CPI).

5. OPEN SOURCE SOFTWARE

  • 5.1 Open Source. Use of Superluminal OSS is governed by separate terms of the applicable supplier.
  • 5.2 ‘As Is’. OSS is provided without warranties of any kind.

6. TERM AND TERMINATION

  • 6.1 Term. Commencement on the Effective Date.
  • 6.2 Termination. Terminated by either party upon written notice. Superluminal may terminate for cause.
  • 6.3 Consequences. Licensee must discontinue Use and destroy/delete all copies of the Software.

7. WARRANTY DISCLAIMER

  • 7.1 Limited Warranty. 60-day warranty for compliance with Documentation.
  • 7.2 Warranty Remedies. Repair or refund at Superluminal’s sole discretion.
  • 7.3 Warranty Disclaimer. Software is otherwise provided on an ‘As Is’ basis.
  • 7.4 Licensee Warranty. Licensee warrants they have the legal authority to enter this EULA.

8. LIABILITY

  • 8.1 Limitation of Liability. Limited to Fees paid in the 12 months prior to the claim.
  • 8.2 Exemption. Does not limit liability for gross negligence or wilful misconduct.

9. PERSONAL DATA

  • 9.1 Privacy Policy. Incorporated by reference.
  • 9.2 Personal Data. Governed by GDPR. Licensee is ‘controller’, Superluminal is ‘processor’.
  • 9.3 Processing. Superluminal offers appropriate technical and organizational measures.

10. CODE OF CONDUCT

  • 10.1 Reasonable Use. Prohibited use that damages Superluminal or third-party systems.
  • 10.2 Forbidden Activities. Hacking, malware distribution, and illegal activities are strictly prohibited.
  • 10.3 Access. Superluminal reserves the right to bar access if forced by law or suspected breach.

11. MISCELLANEOUS

  • 11.1 Governing Law. Governed by the laws of the Netherlands. Venue: District Court of Rotterdam.
  • 11.2 Non-Assignment. Licensee may not assign rights without written consent.
  • 11.3 Severability. If one part is void, the remaining provisions remain in effect.
  • 11.4 Entire Agreement. Supersedes all prior agreements.