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Showglo Software End User License Agreement (EULA)

Definitions

  • “Software”: Refers to the software products provided by Showglo Ltd, including “Showglo” and “Showglo Plugin”, and any associated media, printed materials, and electronic documentation.
  • “You”/“Your”: Refers to the individual or entity entering into this EULA with Showglo Ltd.
  • “We”/“Our”/“Us”: Refers to Showglo Ltd, the company offering the Software, along with any affiliates or subsidiaries involved in the development, distribution, and support of the Software.

Introduction

This End User License Agreement (“EULA”) is a legal agreement between you and Showglo Ltd, a company registered in the United Kingdom, covering the Software as defined above.

1. Grant of License

Showglo Ltd hereby grants you a non-exclusive license to use the Software, subject to the terms and conditions set forth herein.

  • Perpetual Licenses: For perpetual licenses, the right to use the Software is transferable under the following conditions:

    • Transfer via iLok License Manager: Any transfer of a perpetual license must be conducted through the iLok License Manager system.
    • No Refunds on Transfer: Once a perpetual license has been transferred to another user, no refund will be available for either the original or the receiving user.
    • Subject to Approval and Fee: The transfer of a perpetual license may be subject to approval by Showglo Ltd and may incur a small administrative fee. Details of the fee and the approval process will be available on the Showglo Ltd website or provided upon request.
    • Acceptance of EULA upon Installation: While acceptance of this EULA is not enforced during the transfer process, the transferee must agree to the terms of this EULA upon installation of the Software.

  • Non-Transferability of Other Licenses: Except for perpetual licenses as specified above, all other forms of licenses (including but not limited to monthly or yearly subscriptions) are non-transferable.

2. Description of Other Rights and Limitations

  • Installation and Activation: Each license permits you to install and activate the Software on two separate devices concurrently. However, use of the Software should be limited to one instance at a time per license. This means while you may have the Software installed and activated on two devices, it should only be used on one of those devices at any given moment.
  • Modification and Redistribution: You are not permitted to modify, adapt, or redistribute the Software.
  • Prohibited Actions: Engaging in reverse engineering, decompiling, disassembling, or using the Software for any unlawful purpose is strictly prohibited.
  • Intellectual Property Rights: The Software, including its code, documentation, appearance, structure, and organization, is the exclusive property of Showglo Ltd and is protected by intellectual property laws and treaties. By accepting this EULA, you acknowledge that all rights, titles, and interests in the Software remain with Showglo Ltd, and no ownership rights are transferred to you.
  • Restrictions on Use and Distribution: Unauthorized copying, redistributing, or reproducing the Software, or any use of the Software not expressly permitted by this EULA, including any attempts to create derivative works or to enable such unauthorized use by third parties, is strictly prohibited and may infringe on the intellectual property rights of Showglo Ltd.

4. Technical Support

  • Support Hours: Monday to Friday, 9 AM to 5 PM GMT, excluding public holidays. Please note that these hours are indicative and subject to the availability of our support staff. We are committed to providing timely and effective support and will make every effort to address your inquiries as promptly as possible.
  • Response Time: Efforts will be made to respond within 3 working days.
  • Scope of Technical Support: Showglo Ltd provides technical support and assistance specifically for our software products. We do not offer technical support or configuration assistance for third-party software, hardware, or devices. However, at our discretion, certain cases may be evaluated on an individual basis.
  • Preferred Channels for Technical Support and Feedback: Users are encouraged to use the designated channels provided on our website for technical support and to raise any technical complaints or feedback. While we understand that users may choose to express their opinions publicly, including on forums or social media, addressing issues through our official channels enables us to provide more effective and personalized assistance and ensures that concerns are addressed promptly and accurately.
  • Limitations: Excessive or abusive technical support requests, or failure to utilize provided documentation, may result in withdrawal of support. Showglo Ltd reserves the right to revoke and refund licenses in cases of hostility or excessive support abuse.

5. Fixture Library Support

Showglo Ltd is committed to continually improving and expanding the Fixture Library used in our software. To this end:

  • Requests for New Fixtures: We welcome requests for adding new fixtures to the library. However, inclusion of these fixtures is subject to feasibility and our development schedule.
  • Reporting Bugs or Improvements: Users are encouraged to report any bugs or suggest improvements related to the Fixture Library. We will strive to address these reports in a timely manner.
  • No Guarantee on Timing or Inclusion: While we are dedicated to enhancing the Fixture Library, we cannot guarantee that every requested fixture will be added, nor can we commit to specific timelines for the inclusion of new fixtures, improvements or fixes.
  • Duration of Fixture Library Updates: For each specific version of our software, updates to the Fixture Library, including the addition of new fixtures and bug fixes, will be provided for 1 year following the release of a new major version of the software. After this 1-year period, we may discontinue providing Fixture Library updates for that specific version. Users are encouraged to upgrade to the latest version to continue receiving full support and updates.
  • Duration of Fixture Library Updates for Major Versions: Updates to the Fixture Library, including the addition of new fixtures and bug fixes, will be provided for each major version of our software for 1 year following the release of the subsequent major version. After this 1-year period post-release of a new major version, we may discontinue providing Fixture Library updates for the previous major version. Users are encouraged to upgrade to the latest major version to continue receiving full support and updates.

6. Updates and Versioning

  • Subscriptions: Subscribers will have access to all updates, including major and minor version updates, for the duration of their subscription.
  • Perpetual and NFR Licenses: Holders of Perpetual and NFR (Not For Resale) licenses are entitled to receive all minor version updates for the major version of the Software they have purchased. Major version upgrades (e.g., moving from version 2.x to 3.x) are not included and may be offered at an additional cost.
  • Grace Period for Major Updates: In the event of a release of a new major version of the Software, there will be a grace period during which recent purchasers of Perpetual licenses may be eligible for a free upgrade to the new major version. This grace period typically extends from 90 days prior to the release date of the new version.
  • Support for Major Versions: Bug fixes and updates will be provided for each major version of the software for 1 year following the release of the subsequent major version. After this 1-year period post-release of a new major version, we may discontinue providing bug fixes and updates for the previous major version. This policy ensures that our resources are focused on delivering the most current and robust version of our software. Users holding Perpetual or NFR licenses for older major versions are encouraged to upgrade to the latest major version to continue receiving full support and updates.

7. Duration of the License

The license to use the Software is granted under several categories, each with its own terms:

  • Perpetual License: This grants you ongoing use of the Software, with no expiration date, subject to the terms of this EULA.
  • Subscription License: This grants you the right to use the Software for a specific, limited period (monthly or yearly), which automatically renews unless cancelled.
  • NFR (Not For Resale) License: This is a complimentary license provided for purposes such as review, testing, or demonstration. NFR licenses can be either perpetual or time-limited and cannot be sold or transferred.
  • Free Trial: This grants you temporary access to the Software for a limited period, typically as a free initial period upon signing up for a subscription. The exact terms and duration of the free trial will be specified at the time of signup.

Each type of license is subject to the terms agreed upon purchase or signup and is governed by the conditions and restrictions outlined in this EULA.

8. Warranty and Liability

  • Money-Back Guarantee:
    • Perpetual Licenses: A 28-day money-back guarantee is provided for perpetual licenses, allowing for a full refund within 28 days of purchase if the user is not satisfied with the Software.
    • Subscriptions: For subscription licenses, a 28-day money-back guarantee is applicable only for the first 28 days following the initial signup. This allows users to request a full refund within this period if they are not satisfied with the Software.
  • Disclaimers: The Software is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
  • Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall Showglo Ltd be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software or the provision of or failure to provide Technical Support, even if Showglo Ltd has been advised of the possibility of such damages.
  • Responsibility to Test Compatibility: It is the user’s responsibility to thoroughly test the software during the initial trial period and within the money-back guarantee timeframe to ensure it meets their needs and is compatible with their computer, other software, and devices. The trial and money-back guarantee period are provided to allow users to assess the software’s suitability for their specific requirements and setup.

9. Termination of License

This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice from Showglo Ltd if you fail to comply with any term(s) of this EULA.

10. Governing Law

This EULA is governed by the laws of the United Kingdom.

11. Dispute Resolution

Any disputes arising out of or related to this EULA shall be handled through arbitration or mediation in the United Kingdom, unless otherwise agreed upon by both parties.

13. EULA Updates and Changes

  • Modifications to this EULA: Showglo Ltd reserves the right to modify this EULA at any time. Changes to the EULA will be communicated to you during the installation of Software updates, or by email to the license holder. Your continued use of the Software after such changes will constitute acknowledgment and agreement to the amended terms.
  • Review of Updated Terms: You are encouraged to periodically review the EULA for updates. The most current version of the EULA can always be found at https://showglolighting.com/eula/.

Acknowledgement

By installing, copying, or otherwise using the Software, you acknowledge that you have read this EULA, understand it, and agree to be bound by its terms and conditions.