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Soldinamic Documentación END USER LICENSE AGREEMENT (EULA) FOR LUMIOTLORAWAN

END USER LICENSE AGREEMENT (EULA) FOR LUMIOTLORAWAN

IMPORTANT – READ CAREFULLY: This End User License Agreement ("Agreement" or "EULA") is a legally binding contract between the corporate customer or entity you represent ("Customer" or "Licensee") and the developers/owners of LumiotLoRaWAN ("Licensor" or "We").

1. Acceptance of Terms

By accessing, installing, or otherwise using the LumiotLoRaWAN software (hereinafter, the "Software"), the Customer agrees to be bound by the terms of this Agreement. In accordance with Law No. 164 General Law of Telecommunications, Information and Communication Technologies, the electronic acceptance of this contract via a click, digital signature, or continued use of the system has full legal validity and probative force, constituting a binding agreement. If you do not agree with the terms, do not install or use the Software.

2. License Grant and Deployment Models

Subject to the continuous compliance with this Agreement and the payment of corresponding fees, the Licensor grants the Customer a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to use the Software solely for the Customer's internal business purposes. The license is governed according to the acquired model:

  • SaaS (Software as a Service) Model: Licensing is transactional in nature and is based on established quotas of active devices, users, and gateways. Access is provided remotely and is subject to the limits of the acquired subscription.
  • On-Premise Model: The installation and use of the Software are strictly anchored to a specific hardware identifier (HardwareID / Hardware Locking). The license is valid only for the initially authorized physical or virtual equipment. Migration, copying, or distribution of the Software to other equipment without prior, express, and written authorization from the Licensor is strictly prohibited.

3. Usage Restrictions and Technical Security Measures

The Customer acknowledges that the Software contains trade secrets and confidential information. The Customer agrees not to perform, nor allow third parties to perform, any of the following actions:

  • Reverse Engineering: Decompile, disassemble, reverse engineer, or attempt to extract in any way the source code, object code, or obfuscated code, whether from the frontend or backend.
  • Distribution: Copy, modify, sublicense, resell, rent, lease, or distribute the Software to unauthorized third parties.
  • Security Evasion: Alter, circumvent, disable, or interfere with the licensing systems, encryption and protection mechanisms (Anti-Tampering), or remote suspension systems (Kill-Switch) integrated into the Software.

4. Audit, Suspension, and "Kill-Switch"

The Licensor reserves the right to monitor compliance with licensing quotas (in the SaaS model) and the integrity of hardware validation (in the On-Premise model). In the event of detecting a breach of this Agreement, non-payment, or an attempt to bypass security measures, the Licensor may exercise the immediate termination or suspension of the service through automated mechanisms (Kill-Switch), without this generating any right to compensation in favor of the Customer.

5. Intellectual Property

The Software is not sold; it is licensed. In accordance with Law No. 1322 on Copyright of Bolivia and related regulations administered by the National Intellectual Property Service (SENAPI), the Licensor retains all moral and economic rights, titles, and interests in and to the Software, including the source code, object code, manuals, databases, and algorithms. Any unauthorized reproduction or modification is prohibited and will be subject to civil and criminal penalties established in the Bolivian legal system.

6. Privacy, Data Processing, and Telecommunications

The use of LumiotLoRaWAN involves the processing of telemetry data. The Licensor commits to respecting the privacy of information in accordance with the constitutional guarantees of the Plurinational State of Bolivia. Likewise, given that the LoRaWAN network involves data transmission by radio frequency, the Customer is solely responsible for ensuring that the use of devices (gateways and nodes) in their facilities complies with the regulations of the Telecommunications and Transport Regulation and Control Authority (ATT), exempting the Licensor from any sanction for the improper use of the spectrum.

7. Disclaimer of Warranties ("As Is")

LumiotLoRaWAN is provided "AS IS" and "AS AVAILABLE". The Licensor expressly disclaims all warranties, whether express, implied, or statutory, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Licensor does not warrant that the operation of the Software will be uninterrupted, error-free, or completely immune to cyber attacks from third parties.

8. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Licensor or its developers be liable for indirect, incidental, punitive, special, or consequential damages (including, without limitation, loss of data, business interruption, or loss of profits) arising from the use or inability to use the Software, regardless of the theory of liability (contract, tort, negligence, or otherwise), even if the Licensor has been advised of the possibility of such damages.

9. Updates to Terms

We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. Modifications will become effective upon notification to the Customer (via email, platform notification, or website). Continued use of the Software after the effective date of any changes constitutes legal acceptance of the new terms.

10. Applicable Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the Plurinational State of Bolivia. For any controversy, dispute, or claim arising from this Agreement, its breach, interpretation, or validity, the parties agree to submit in the first instance to conciliation. If an agreement is not reached, the dispute shall be finally resolved by institutional Arbitration, in accordance with the regulations of the Conciliation and Arbitration Center of the National Chamber of Commerce (CNC - La Paz) or the Chamber of Industry, Commerce, Services and Tourism (CAINCO - Santa Cruz), at the choice of the claimant. The arbitral award shall be final and unappealable.

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