- License scope
1.1. Superluminal hereby grants to the rightful acquirer of Superluminal Performance (“you”) a right to use this software.
1.2 The software may be installed on an unlimited number of computers, but only an authorized user (or the authorized number of users) may actually use the software.
1.3. It is expressly forbidden to:
- reverse engineer the source code of the software or to decompile the software, except to the extent permitted by mandatory law or applicable open source license;
- provide copies of the software to third parties ;
- sublicense the software or otherwise make available the software to third parties, including by rental, Software-as-a-Service models or otherwise;
- modify the software, except to the extent permitted by mandatory law;
- remove indications of Superluminal as copyright holder of the software or to remove or render illegible any part thereof.
1.4. You may make a backup copy of the software. This backup copy may not be used or traded or distributed in any way, except in conjunction with the original software.
- Intellectual property
2.1. All right, title and interest to the software, the accompanying documentation and all modifications and extensions thereto rest and remain with Superluminal. You only have the rights and permissions explicitly granted to you by this agreement or granted in writing otherwise. You may not use, copy, distribute or publish the software in any other manner.
2.2. The software comprises third-party open source software. The respective third-party rights holders grant you the rights indicated in the applicable open source licenses. These licenses can be found in the documentation. This end user license agreement does not apply to this open source software, and nothing in this agreement shall be construed as a limitation of any right granted to you under an open source license.
3.1. You may use the software for a limited period at no charge for the purpose of evaluating if the software is right for you. After this period a one-time fee is due. The agreement terminates automatically in case you do not pay the fee after this period. You will be separately informed about the manner of payment by Superluminal.
3.2. Use of the software requires activation. Activation takes place during installation.The software must be activated after a trial period of one week after installation.
3.3. To complete activation after the trial period you must acquire a license key from Superluminal. The software will inform you about the procedure.
4.1. Superluminal from time to time releases updates that address bugs or improve the functioning of the software.
4.2. The software will alert you to any available updates. This requires an active internet connection. Installation of updates is performed only with your separate consent. No liability is accepted for any damage caused by bugs addressed in an update not installed by you.
4.3. An update may provide terms additional to the terms of this agreement. You will be informed in advance if this is the case and you will have an opportunity to refuse that update. By installing such an update you accept the additional terms, which then become part of this agreement.
5.1. You are solely responsible for installation and usage of the software. The documentation will provide recommended requirements for the hardware and software environment.
5.2. Superluminal shall provide you with a reasonable level of support through its website and/or e-mail (or other communication channels announced to you). Superluminal however does not guarantee that all requests for support or bug reports are taken into consideration.
- Guarantees and liability
6.1. Superluminal Performance is supplied “as is” and without warranty or representation regarding accuracy, conformity or the nonexistence of bugs. You use the software at your own risk.
6.2. Except in cases of intentional misconduct or gross negligence Superluminal is not liable towards you, regardless of ground, for any damages in connection withSuperluminal Performance.
6.3. No liability exists in case damages were not reported timely after discovery to Superluminal. In addition no liability exists if the cause of damage is beyond the control of Superluminal.
- Term of the agreement
7.1. This agreement enters into force when you start use of the software and remains in force for one year.
7.2. After this period Superluminal may make a new license offer but is under no obligation to do so.
7.3. This agreement terminates automatically and immediately in case you enter into bankruptcy, apply for a suspension of payments, your assets are seized, you pass away, or in case you enter into liquidation, legal dissolution or winding-up.
7.4. After termination of the agreement (regardless of reason) you must cease all use of Superluminal Performance. In addition you must remove all copies (including backup copies)) of Superluminal Performance from all computer systems under your control.
- Miscellaneous terms
8.1. Dutch law applies to this end-user license agreement.
8.2. Unless dictated otherwise by mandatory law, all disputes arising in connection with this agreement shall be brought before the competent Dutch court for the principal place of business of Superluminal.
8.3. A finding that any particular provision of this agreement is legally void shall not affect the validity of the entire agreement. In such a case the parties shall determine a replacement provision that is legally valid and approximates the intent of the offending provision as much as possible.
8.4. Superluminal may assign its rights and obligations under this agreement to a third party that acquires the relevant business or the copyrights to Superluminal Performance from her.