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Terms of Service

Please scroll down and read all of the following End User License Agreement (“Agreement”) carefully. This Agreement is a legal agreement between you and LightPath Apps, Inc. stating the terms that govern your use of Light After Loss, Light Path Ahead, or both. By installing and/or using Light After Loss or Light Path Ahead, you are agreeing to all of the terms and conditions stated herein. If you do not agree to these terms, do not use the applications. You must accept and abide by these terms as presenting to you: changes, additions, and deletions are not accepted.

“We,” “us,” “our”, and “LightPath Apps” refer to LightPath Apps, Inc., for and on behalf of itself and its subsidiaries and affiliates under common control. “I”, “you” and “your” refer to the individual or entity that is an authorized user of any LightPath Apps, Inc. application and that has agreed to use the application in accordance with this Agreement.

“Application” refers to the materials and functionality of Light After Loss and Light Path Ahead, whether accessed on the websites or through an application on a mobile phone, tablet, or other device, and the applicable application documentation. “License” refers to your right to use the application under the terms of this Agreement.

Governing Law

This Agreement is governed by and construed in accordance with the substantive and procedural laws of the United States and the State of Delaware, except that body of Delaware law concerning conflicts of law.

Any claim relating to the Application shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.

License

Subject to the terms, conditions and limitations stated in this Agreement, the App Store Terms of Service, we grant to you a nonexclusive, nontransferable, nonsublicensable, revocable, limited license to install and use the Application through the Internet, on your iPhone device, or on another device.

Ownership and Restrictions 

The Application is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in this Agreement, we exclusively own all right, title and interest in and to the Application, including all associated intellectual property rights.

You may not:

  • copy, modify or distribute the Application for any purpose;
  • transfer, sublicense, lease, lend, rent or otherwise distribute the Application to any third party;
  • decompile, reverse-engineer, disassemble, or create derivative works of the Application;
  • remove or modify any application markings or any notice of our proprietary rights;
  • create derivative works based on the application;
  • use any Application name, trademark or logo; or
  • use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement.

You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Application (“Feedback”) will be the sole and exclusive property of LightPath Apps and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.

Disclaimer of Warranties and Exclusive Remedies

The Application is provided "as is". LightPath Apps makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, or that the application will be uninterrupted or error-free, or that it is completely secure. Further, LightPath Apps does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Application.

In no event shall LightPath Apps be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential damages, or damages for loss of profits, goodwill, business opportunity, revenue, data or data use, incurred by you or any third party, whether in an action in contract or tort or otherwise, arising from or related to the use of the program or any data derived therefrom, even if LightPath Apps had been advised of the possibility of such damages.

Content Submissions

Certain versions of the Application allow Users to post and otherwise make available certain information, images, videos, text and/or other content (“Content”) to other Users or on an Event Webpage. You are responsible for the Content that you post to the Application, including its legality, reliability, and appropriateness. You retain any and all of your rights to any Content you submit, post or display on or through the Application and you are responsible for protecting those rights. An Event Webpage will be publicly accessible on the Internet and may be included in search engine databases or results.

We reserve the right, at any time and without prior notice, to remove or disable access to any Content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Application.

Links

While we take steps to link to quality content on external websites, LightPath Apps is not responsible for the contents any such linked website. The inclusion of any link does not imply endorsement by LightPath Apps of the site. Use of any such linked web site is at the user’s own risk.

Technical Support

You and LightPath Apps acknowledge that the company has no obligation under this Agreement to furnish technical support for the application.

Indemnification

If a third party makes a claim against either you or LightPath Apps (“Recipient” which may refer to you or LightPath Apps depending upon which party received the Material), that any information, design, specification, instruction, software, data, or material (“Material”) furnished by either you or LightPath Apps (“Provider” which may refer to you or LightPath Apps depending on which party provided the Material), and used by the Recipient infringes the third party's intellectual property rights, the Provider, at its sole cost and expense, will defend the Recipient against the claim and indemnify the Recipient from the damages, liabilities, costs and expenses awarded by a court to the third party claiming infringement or any settlement agreed to by the Provider, if the Recipient does the following:

  • notifies the Provider promptly in writing, not later than 30 days after the Recipient receives notice of the claim (or sooner if required by applicable law);
  • gives the Provider sole control of the defense and any settlement negotiations; and
  • gives the Provider the information, authority, and assistance the Provider needs to defend against or settle the claim.

Relationship between the Parties

The relationship between you and us is that of licensee/licensor.

Termination

You may terminate this Agreement by destroying all copies of the Application. Your right to use the Application shall end immediately if you fail to comply with any of the terms of this Agreement, or as otherwise set forth in the “License” section above, in which case you shall destroy all copies of the application. The terms and conditions governing Light After Loss and Light Path Ahead are not affected by the termination of your right to use the application(s) under this Agreement. The provisions of this Agreement that by their nature continue shall survive any expiration or termination of this Agreement.

Modifications

LightPath Apps may revise this Agreement at any time without notice. By using the Application, you are agreeing to be bound by the then current version of this Agreement. We will alert you to changes to this Agreement that we deem significant. You may access this Agreement using the Application at any time.

Entire Agreement

You agree that this Agreement is the complete agreement pertaining to the subject matter hereof (including reference to information contained in a URL or referenced policy) and this Agreement supersedes all prior or contemporaneous written or oral agreements or representations existing between you and LightPath Apps with respect to such subject matter.

If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. Our failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement.

Contact Information

If you have questions or comments about this Agreement, please contact us.

Email: info@lightpathapps.com

Mail:

LightPath Apps
Attn: Customer Service
P.O. Box 51021
Washington, D.C. 20091

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