Bridgelux Product Simulator
IMPORTANT – READ CAREFULLY BEFORE DOWNLOADING
USE OF THE BRIDGELUX PRODUCT SIMULATORS (“PRODUCT SIMULATORS”) IS SUBJECT TO THESE LICENSE TERMS. BY DOWNLOADING AND INSTALLING THE PRODUCT SIMULATORS, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT DOWNLOAD THE PRODUCT SIMULATORS OR INSTALL THEM ON YOUR SYSTEM. BRIDGELUX RESERVES THE RIGHT TO RECORD AND MAINTAIN RECORDS OF ALL DOWNLOAD ACTIVITIES.
1. License. The Product Simulators are licensed and not sold. Bridgelux, Inc. (“Bridgelux”) grants to you a personal, nonexclusive, non-transferable license to use the Product Simulators to ease your selection of Bridgelux LED array and SMD products based upon your selection of attribute options for each of the criteria provided in the Product Simulators. You are obtaining no rights in the Product Simulators except those given in this limited license. You understand and acknowledge that the Product Simulators are solely intended to associate specific criteria with various Bridgelux LED array and SMD products and NOT as a design tool for a luminaire or fixture product (or subsystem or component thereof), or for the selection of LED array or SMD products as a component in a particular luminaire or fixture application. The Product Simulators (inclusive of all data elements), together with all intellectual property rights embodied therein, are owned by Bridgelux and/or its third party suppliers and the Product Simulators are protected by United States copyright laws and international treaties. Your license confers no title or ownership in the Product Simulators.
2. Restrictions on Use. The Product Simulators contain copyrighted material, trade secrets, and other proprietary material of Bridgelux. You are not permitted to (i) modify, adapt, translate, decompile, disassemble or otherwise reverse engineer the Product Simulators by any means whatsoever; (ii) remove any identification, copyright or other notices from the Product Simulators; (iii) create a derivative work of any part of the Product Simulators; or (iv) rent, lease, loan, transfer or distribute the Product Simulators in whole or in part.
3. Third Party Software. The download of the Product Simulators may also include, and/or require the use of, third software products, such as Microsoft Excel (“Third Party Software”), which require that you enter into a separate license agreement with the publisher of such software in conjunction with your original installation. You understand that your use of the Third Party Software is governed by the terms of that end user license agreement and not by this License, and you agree to abide by that third party license agreement.
5. Termination. Bridgelux may terminate your license upon notice of failure to comply with any of the terms of this License. Upon termination, you must immediately destroy the Product Simulators, together with all copies thereof. Sections 6, 7, and 8 shall survive any termination.
6. Disclaimer of Warranty. Bridgelux is licensing the Product Simulators to you “as is” and without any warranty of any kind. You accept all risks which may arise from the downloading the Product Simulators, including, without limitation, errors in transmission or corruption of existing data or software. Bridgelux does not warrant that the Product Simulators will provide a selection of an LED array or SMD product that will meet your design requirements. In addition, no warranty is made under this License that correct selections will be made through the use of the Product Simulators or that the selected LED array or SMD products will have the characteristics and meet the criteria identified through the Product Simulators. BRIDGELUX HEREBY DISCLAIMS WITH REGARD TO THE PRODUCT SIMULATORS ALL WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not be applicable to you. This limited warranty provides specific legal rights. Other rights may vary from jurisdiction to jurisdiction.
7. Limitation of Liability. EXCEPT TO THE EXTENT PROHIBITED BY LOCAL LAW OR FOR BODILY INJURY, IN NO EVENT SHALL BRIDGELUX OR ITS SUBSIDIARIES, AFFILIATES OR SUPPLIERS, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS OR DOWNTIME COSTS) ARISING OUT OF THE USE OF, INABILITY TO USE, OR THE RESULTS OF USE OF, THE PRODUCT SIMULATORS, WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation may not apply to you.
8. General. This License will be governed by the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents, without regard to principles of conflicts of laws. Application of the United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. This License may only be modified by a written document which has been signed by both you and Bridgelux. Should any provisions of this License be declared invalid by any court of competent jurisdiction, the balance of the License will remain in full force and effect. This is the entire agreement between you and Bridgelux, and supersedes any prior agreement, whether written or oral, relating to the subject matter of this License.