Terms of use

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Introduction

Welcome to LightWave Digital Ltd ("LightWave", "we", "us", or "our"). By purchasing, downloading, or using our LightWave 3D software ("Software"), you agree to comply with and be bound by these Terms of Use. These terms apply to all transactions conducted through our website and govern your use of the Software.

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License Grant

Upon purchasing the Software, LightWave Digital Ltd grants you a perpetual, non-exclusive, non-transferable, and non-sublicensable license to download, install, and use the Software, unless otherwise specified in the product description or license agreement. This license is for your personal or commercial use.

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Digital Download and License Activation

The Software is provided exclusively as a digital download. Upon successful purchase, you will receive a download link and license key to activate the Software. These are available in your account your account on the LightWave website. It is your responsibility to ensure that the device you intend to install the Software on meets the minimum system requirements provided by LightWave Digital Ltd.

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Refund Policy

Pre-Download Refunds:

You are entitled to a full refund of the purchase price if you request the refund within fourteen (14) days of the date of purchase and have not yet downloaded the Software. To request a refund, please contact our customer support team with your order details.

Post-Download Refunds:

Once the Software has been downloaded, you are no longer eligible for a refund under any circumstances. By downloading the Software, you acknowledge and agree that you waive your right to a refund, in accordance with UK law regarding digital content.

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Restrictions on Use

You agree not to, and you will not permit others to:

Reverse engineer, decompile, or disassemble the Software, except to the extent that such activity is expressly permitted by applicable law.

Distribute, sell, lease, rent, or otherwise transfer the Software or any copies of it to any third party.

Modify, adapt, or create derivative works of the Software.

Use the Software in any manner that could damage, disable, overburden, or impair LightWave's servers or networks connected to LightWave's services.

Use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use.

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Intellectual Property Rights

All intellectual property rights in the Software, including all content, trademarks, and logos, are owned by or licensed to LightWave Digital Ltd. Nothing in these Terms of Use grants you any rights in or to the Software other than the limited license described above.

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Governing Law and Jurisdiction

These Terms of Use, and any disputes arising out of or related to the Software or these terms, will be governed by and construed in accordance with the laws of England and Wales. You agree that any legal action or proceeding related to these Terms of Use or your use of the Software will be brought exclusively in the courts of England and Wales.

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Changes to Terms of Use

LightWave Digital Ltd reserves the right to modify these Terms of Use at any time. Any changes will be effective immediately upon posting on our website. Your continued use of the Software following the posting of revised Terms of Use means that you accept and agree to the changes.

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Software Updates and Upgrades

Updates:

LightWave Digital Ltd may provide updates, patches, or enhancements ("Updates") to the Software. These Updates are generally provided at no additional charge and are intended to improve the functionality, security, or compatibility of the Software. By installing the Software, you agree to receive such Updates as they become available.

Upgrades:

Major upgrades to the Software (e.g., new versions with substantial changes) may be offered for an additional fee. The terms for upgrading to new versions will be outlined at the time of the upgrade offer.

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User Support

Support Services:

LightWave Digital Ltd provides user support services for the Software, which may include technical assistance and troubleshooting. Support services are typically offered via email or online help desk. The level and scope of support available may vary based on LightWave Digital discretion.

Limitations:

Support services are provided for the most current version of the Software and for a reasonable period after a new version is released. LightWave Digital Ltd is not obligated to support older versions of the Software indefinitely.

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Termination

Termination by LightWave:

LightWave Digital Ltd reserves the right to terminate your license to use the Software if you breach any of the terms outlined in this agreement. Upon termination, you must cease all use of the Software and destroy any copies you have made.

Termination by User:

You may terminate your license at any time by uninstalling the Software and destroying all copies. Termination by the user does not entitle you to a refund or release you from any outstanding payment obligations.

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Limitation of Liability

No Warranties:

The Software is provided "as is," without any warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Damages:

In no event shall LightWave Digital Ltd be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, even if LightWave Digital Ltd has been advised of the possibility of such damages.

Maximum Liability:

LightWave Digital Ltd’s total liability to you for any damages arising out of or related to this agreement shall not exceed the amount you paid for the Software.

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Data Collection and Privacy

Data Collection:

LightWave Digital Ltd may collect certain information related to your use of the Software, including but not limited to system data, usage statistics, and error reports. This data is used to improve the Software and provide better support services.

Your use of the Software is also governed by our Privacy Policy, which can be found on our website.

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Third-Party Software and Services

Integration:

The Software may integrate with third-party software or services. LightWave Digital Ltd is not responsible for the functionality, performance, or support of any third-party software or services.

Third-Party Terms:

Your use of any third-party software or services is subject to the terms and conditions of those third parties. LightWave Digital Ltd is not liable for any issues arising from the use of third-party software or services.

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Export Controls

Compliance:

The Software may be subject to export control laws and regulations. You agree to comply with all applicable export laws and restrictions and will not export, re-export, or transfer the Software, directly or indirectly, to any prohibited country or individual.

User Responsibility:

It is your responsibility to ensure compliance with all applicable laws regarding the import, export, or re-export of the Software.

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Severability

If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed severable, and the remaining provisions shall remain in full force and effect.

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Entire Agreement

These Terms of Use, together with any other agreements or policies referenced herein, constitute the entire agreement between you and LightWave Digital Ltd concerning the Software and supersede all prior or contemporaneous understandings regarding such subject matter.

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Intellectual Property Protection

Ownership of Intellectual Property:

All intellectual property rights in and to the Software, including but not limited to all code, design, graphics, user interfaces, algorithms, documentation, and associated materials, are and shall remain the exclusive property of LightWave Digital Ltd or its licensors. You acknowledge that you do not acquire any ownership rights in the Software by purchasing, downloading, or using the Software, except as expressly provided in the license granted under these Terms of Use.

License Scope and Restrictions:

The license granted to you under these Terms of Use is limited to the use of the Software as described in Section 2 (License Grant). You agree not to:

Copy, reproduce, or duplicate the Software or any portion thereof, except as explicitly permitted by the license.

Modify, adapt, translate, or create derivative works based on the Software, its content, or any part thereof.

Distribute, sublicense, rent, lease, lend, sell, or otherwise transfer the Software or any portion thereof to any third party, except as explicitly permitted by LightWave Digital Ltd in writing.

Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying ideas, algorithms, or trade secrets of the Software, except to the extent that such activity is expressly permitted by applicable law.

Trademarks and Branding:

The LightWave 3D name, logo, and any other trademarks, service marks, or branding associated with the Software are the exclusive property of LightWave Digital Ltd. You are not granted any rights to use any of LightWave Digital Ltd's trademarks, logos, or branding in any manner, including but not limited to promotional materials, advertisements, or publications, without prior written consent from LightWave Digital Ltd.

Protection of Confidential Information:

You agree to protect any confidential information related to the Software or provided by LightWave Digital Ltd, including but not limited to proprietary code, algorithms, technical specifications, and business strategies. You shall not disclose, distribute, or use any such confidential

information for any purpose other than as expressly authorized under these Terms of Use.

Reporting Intellectual Property Infringement:

If you become aware of any unauthorized use or infringement of LightWave Digital Ltd's intellectual property rights, you agree to promptly notify us through our Contact Us page on the website. We reserve the right to take any action we deem appropriate to protect our intellectual property rights, including pursuing legal remedies.

Third-Party Intellectual Property:

The Software may incorporate or be bundled with third-party software or content that is licensed to LightWave Digital Ltd. All intellectual property rights in such third-party software or content remain with their respective owners. Your use of third-party software or content is subject to the terms and conditions of the respective third-party licensors, and you agree to comply with such terms.

Indemnification:

You agree to indemnify, defend, and hold harmless LightWave Digital Ltd and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your breach of this Section 18 or your infringement of any intellectual property rights of LightWave Digital Ltd or any third party.