End-User License Agreement ("Agreement")
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Lightspeed Testing Tool v0.3b (Beta)
Last updated: May 23rd, 2019
Please read this End-User License Agreement ("Agreement") carefully before clicking the "Agree" button, downloading or using Lightspeed Testing Tool ("Application").
By clicking the "Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between you (either an individual or a single entity) and Lightspeed Internet and it governs your use of the Application made available to you by Lightspeed Testing Tool.
If you do not agree to the terms of this Agreement, do not click on the "Agree" button and do not download or use the Application.
The Application is licensed, not sold, to you by Lightspeed Internet for use strictly in accordance with the terms of this Agreement
License
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Lightspeed Testing Tool grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
Third-Party Services
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The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that Lightspeed Testing Tool shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Lightspeed Testing Tool does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Term and Termination
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This Agreement shall remain in effect until terminated by you or Lightspeed Testing Tool.
Lightspeed Testing Tool may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Lightspeed Testing Tool, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.
Termination of this Agreement will not limit any of Lightspeed Testing Tool's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Amendments to this Agreement
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Lightspeed Testing Tool reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the application.
Governing Law
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The laws of British Columbia, Canada, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
COPYRIGHT
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All title and copyrights in and to the Lightspeed Testing Tool (including but not limited to any images, photographs, clipart, libraries, and examples incorporated into the Lightspeed Testing Tool), the accompanying printed materials, and any copies of the Lightspeed Testing Tool are owned by Internet Lightspeed and the Author of the tool. The Lightspeed Testing Tool is protected by copyright laws and international treaty provisions. Therefore, you must treat the Lightspeed Testing Tool like any other copyrighted material. The licensed users or licensed company can use all functions, example, templates, clipart, libraries and symbols in the Lightspeed Testing Tool to create new diagrams and distribute the diagrams.
Termination
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Without prejudice to any other rights, the Author of this Software may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
LIMITED WARRANTY / NO WARRANTIES
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The Author of this Software and Lightspeed Internet expressly disclaim any warranty for the Lightspeed Testing Tool. The Lightspeed Testing Tool and any related documentation is provided”as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the Lightspeed Testing Tool remains with you.
PERFORMANCE
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Performance and speed reported by the Lightspeed Testing Tool is used in order to help diagnose connection issues and are not 100% accurate. You by clicking "Agree" you agree to this and that the reports from this tool may not be used for any litigation purposes.
NO LIABILITY FOR DAMAGES
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In no event shall the author of this Software, nor Lightspeed Internet be liable for any special, consequential, incidental or indirect 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 this product, even if the Author of this Software is aware of the possibility of such damages and known defects.
Indemnity by User.
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USER AGREES TO INDEMNIFY AND HOLD HARMLESS Lightspeed Internet an the Author of this Tool FROM ALL LOSSES, DAMAGES, LIABILITIES, DEBTS, DEMANDS, CLAIMS, ACTIONS, CAUSES OF ACTION, COSTS, CHARGES AND EXPENSES, INCLUDING LEGAL FEES AND ANY AMOUNT PAID TO SETTLE ANY ACTION OR TO SATISFY A JUDGMENT (COLLECTIVELY, “CLAIMS”), IN ANY WAY INCURRED BY OR MADE AGAINST Lightspeed Internet or the Author of this Tool, WHICH RESULT FROM OR RELATE TO (A) ACCESS TO OR USE, BY USER OR PERMITTED BY USER, OF THE SERVICE OR USER ACCOUNT, OR (B) ANY OF USER ACTS OR OMISSIONS, INCLUDING BREACH OR NON-PERFORMANCE OF THIS AGREEMENT AND ANY VIOLATION OF THIRD PARTY RIGHTS.
Privacy
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Internet Lightspeed collects User information in an effort to improve User’s online experience, and to communicate with User about Company’s products, services and promotions. Company does not sell or rent User’s personal information to third parties. Company does, however, share User’s information with third parties that provide services on Company’s behalf or with whom Company has partnered to offer a particular product or service.
Internet Lightspeed may collect information that User voluntarily submits to Company, for example:
(i) Identifying information such as User's name and email address;
(ii) Contact information such as User's company name, mailing address and phone number;
(iii) Queries to Customer Service and Technical Support;
(iv) Computer information for troubleshooting purposes such as OS version, IP address, MAC Addresses of Network Interfaces and modems or other devices, and the presence of various plug-ins and tools. While Internet Lightspeed may possess social security numbers of our employees, consultants and contractors, Internet Lightspeed does not collect social security numbers of Lightspeed users.
Internet Lightspeed employs third party vendors, service providers and suppliers to perform various functions on our behalf. Third-party services may include, but are not limited to: customer information management; processing credit card or check card payments analyzing data; developing, hosting and maintaining our websites and databases. Company does not authorize any of these service providers to make any other use of User’s information or to contact User outside the context of these services.
Proprietary Rights.
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The materials displayed on or contained within this software including, without limitation, all software, design, text, editorial materials, informational text, photographs, illustrations, games, artwork and other graphic materials, and names, logos, trademarks and service marks (the "Materials"), are the property of Internet Lightspeed and the Author of this Tool or its licensors and are protected by copyright, trademark and other intellectual property laws. Internet Lightspeed's name, design and related marks are trademarks of Internet Lightspeed, all rights reserved. Internet Lightspeed hereby grants User a personal, non-exclusive, non-assignable and non-transferable license to use and display the Materials for noncommercial and personal use only. User agrees not to reproduce, modify, create derivative works from, display, perform, distribute, disseminate, broadcast or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third part website) without express prior written consent of Internet Lightspeed. Use of Materials is only permitted with the express written permission of Internet Lightspeed and/or its licensors.
Contact Information
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If you have any questions about this Agreement, please contact us at tvia the methods posted at our website at lightspeed.ca.
Entire Agreement
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The Agreement constitutes the entire agreement between you and Lightspeed Testing Tool regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Lightspeed Testing Tool.
You may be subject to additional terms and conditions that apply when you use or purchase other Lightspeed Testing Tool's services, which Lightspeed Testing Tool will provide to you at the time of such use or purchase.
I acknowledge that this is a prepaid service. The first month and hardware sales will be charged today. All monthly fees are payable on or before the 1st of each service month.
Once an order has been confirmed, it can only be cancelled within 24 hours. Once provisioning and activation is complete the account becomes active immediately and billing commences immediately. Due to technical reasons this cannot be delayed.
All prices as well as other aspects of our services are subject to change without notice.
To show your acceptance of and willingness to be bound by the terms and conditions listed on our website, please add you signature in the provided panel, then tick the box "I AGREE" above and click Submit at the bottom of this form. Click here to view our complete
Terms and Conditions.
Prices indicated for the various plans (with the exception of monthly specials) do not include one month deposit, applicable taxes, tariffs, $15.00 set-up fee or the $4.95 per month network access fee. All prices as well as other aspects of our services are subject to change without notice.
