Skip to content

EULA

This end-user license agreement (EULA) is a legal agreement between you (End-user or You) and Light Conversion (legal name Light Conversion, UAB) of Keramikų 2B, Vilnius, Lithuania (Light Conversion, Us or We) for use of the Topas4 software (the “Service”).

Important notice:

  1. By using the Service from Light Conversion You agree to the terms of this license which will bind You. The terms of this license include, in particular, the privacy policy defined in condition 1.4 and limitations on liability at condition 5.
  2. If You do not agree to the terms of this license and our privacy policy we will not permit access to the Service and You must stop the using the Service now. In this case the joining process will terminate.

1. Acknowledgements

  1. The terms of this EULA apply to your use of the Service including any updates to the Service.
  2. We may change these terms at any time and all changes will be provided to You through a link on software user interface. The new terms may be displayed on-screen and You may be required to read and accept them to continue your use of the Service.
  3. You will be assumed to have obtained permission from the owners of the computer, mobile telephone or devices that are controlled, but not owned by You, to use the Service. You accept responsibility in accordance with the terms of this EULA for the use of any Service on or in relation to any Device, whether or not it is owned by You.
  4. By using the Service, You consent to us collecting and using technical information about the mobile telephone, computer or other device used to access the Service (the “Device”) and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to You and for the purposes stated in a Privacy Policy.
  5. The Services will make use of location data sent from the Devices. If You use these Services, You consent to us and our affiliates’ and licensees’ transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.
  6. Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

2. Grant and scope of license

  1. In consideration of you agreeing to abide by the terms of this EULA, We grant You the right to use the Services, subject to these terms and the Privacy Policy, incorporated into this EULA by reference. We reserve all other rights.
  2. You may continue to use the Service free of charge provided that you accept these terms.
  3. You may stop using the Service at any time.
  4. We may cease provision of the Services at any time.

3. Acceptable use restrictions

You must not:

  1. use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system;
  2. infringe our intellectual property rights or those of any third party in relation to your use of the Service, including the submission of any material;
  3. use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
  4. collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;

4. Intellectual property rights

  1. You acknowledge that all intellectual property rights in the Services and the underlying technology belong to us or our licensors, and that you have no rights in, or to, the Service other than the right to use it in accordance with the terms of this EULA.

5. Limitation of liability

  1. The Service is provided to you on an “as is” basis and therefore all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
  2. Except as stated at clause 5.4 below We shall not be liable to you in respect of any losses caused by failures, errors, delays or interruptions relating to the Service, including any failure to supply the Service due to events which are beyond our reasonable control.
  3. We shall have no liability in respect of indirect or consequential loss, such as loss of profits, business, costs, expenses, or any other form of economic loss.
  4. Nothing in this EULA shall limit or exclude our liability for:
  5. death or personal injury resulting from our negligence;
  6. fraud or fraudulent misrepresentation; and
  7. any other liability that cannot be excluded or limited by Lithuanian law.

6. Termination

  1. We may terminate this EULA immediately without notice to you:
  2. if you commit a material or persistent breach of this EULA;
  3. if you breach any of the Acceptable Use Restrictions;
  4. On termination for any reason:
  5. all rights granted to you under this EULA shall cease;
  6. you must immediately cease all activities authorized by this EULA, including your use of any Services;
  7. we will cease providing you with access to the Service.
  8. Termination of this EULA shall be without prejudice to the rights or remedies or either party accrued prior to the date of termination.

7. Events outside our control

  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks or interruptions in third party services (Event Outside Our Control).
  2. If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
  3. our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
  4. we will use our reasonable endeavors to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.

8. Other important terms

  1. We may transfer our rights and obligations under this EULA to another organization, but this will not affect your rights or our obligations under this EULA.
  2. You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
  3. If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
  4. Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
  5. Please note that this EULA, its subject matter and its formation, are governed by Lithuanian law. You and we both agree that the courts of Lithuania will have non-exclusive jurisdiction.