END USER LICENSE AGREEMENT (EULA)
IMPORTANT - THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU (THE "USER" OR "LICENSEE") AND LUCID TECHNOLOGIES CORPORATION ("LUCID TC"). BY ACCESSING, INSTALLING, OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE.
1. LICENSE GRANT
Lucid TC grants you a personal, non-exclusive, non-transferable, and revocable license to use the software and any associated documentation (the "Software") solely for your internal business purposes. This license is conditional upon your (or your organization’s) compliance with all payment obligations and the terms herein.
2. OWNERSHIP AND INTELLECTUAL PROPERTY
The Software is licensed, not sold. Lucid TC retains all right, title, and interest in and to the Software, including all copyrights, patents, trade secrets, and trademarks. This Agreement does not grant you any ownership rights. All rights not expressly granted to you are reserved by Lucid TC.
3. PROHIBITED USES
You agree not to, and will not permit others to -
Reverse Engineer - Decompile, reverse engineer, or attempt to derive the source code of the Software.
Sublicense - Rent, lease, lend, sell, or redistribute the Software as a standalone product.
Modify - Remove or obscure any proprietary notices (including copyright and trademark notices) of Lucid TC.
Automate - Use any automated device to monitor or copy any portion of the Software without prior written consent.
4. DATA PRIVACY AND SECURITY (U.S. COMPLIANCE)
4.1 U.S. Legal Framework. Lucid TC maintains data privacy and security protocols in accordance with applicable United States federal and state laws. Specifically, for operations based in New York, Lucid TC complies with the New York SHIELD Act (Stop Hacks and Improve Electronic Data Security Act), maintaining reasonable administrative, technical, and physical safeguards to protect "private information" as defined therein.
4.2 Data Storage and Transfer. By using the Software, you acknowledge and agree that your data will be stored and processed on servers located within the United States. You expressly consent to the transfer of data from your location to the United States for processing.
4.3 Security Standards. Lucid TC employs industry-standard security measures, including encryption of data in transit and at rest. However, no method of transmission over the internet is 100% secure, and Lucid TC cannot guarantee absolute security.
5. SUPPORT AND UPDATES
5.1 Support Provider Selection. Technical support for the Software is provided based on the service tier and provider selected at the time of purchase. Based on the Customer's selection, support may be provided directly by Lucid Technologies Corporation or by one of its Authorized Partners.
5.2 Escalation. In instances where support is provided by an Authorized Partner, core code-level issues (Tier 3) will be escalated to Lucid TC.
5.3 Updates. Lucid TC may, from time to time, provide updates or upgrades to the Software. These updates may be automatically installed without additional notice.
6. NO WARRANTY ("AS-IS")
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LUCID TC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL LUCID TC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS OR DATA, ARISING OUT OF OR RELATED TO YOUR USE OF THE SOFTWARE.
8. EXPORT COMPLIANCE
You agree to comply with all U.S. and international export laws and regulations to ensure that neither the Software nor any direct product thereof is exported or re-exported, directly or indirectly, in violation of such laws.
9. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law principles. Any legal action or proceeding related to this EULA shall be brought exclusively in the state or federal courts located in Kings County (Brooklyn), New York.
10. TERMINATION
This license is effective until terminated. Your rights under this license will terminate automatically without notice if you fail to comply with any term(s) of this Agreement. Upon termination, you shall cease all use of the Software and destroy all copies.