Terms and rules

Introduction

Your use of the services will be governed by the terms of this agreement. Please read through these terms and conditions carefully. By using our website and/or purchasing any product or service from LUTISH, you agree to be legally bound by these terms, which shall take effect immediately on your first use of our website. If you do not agree to be legally bound by all the following terms please do not access and/or use our website.

These Terms and Conditions are governed by the laws of Scotland and will be interpreted in accordance with the Scottish courts. The Scottish courts shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these terms and conditions.

LUTISH Technologies Ltd is a Limited Company based in Scotland.

Terms

"LUTISH" or "LUTISH Technologies" refers to LUTISH.
"Software" or "Product" refers to any piece of code or other item or service sold by LUTISH Technologies
"Customer" refers to anyone using or planning to purchase/use any piece of software supplied byLUTISH Technologies
"vB" or "vBulletin" refers to vBulletin forum software (www.vbulletin.com)
"XF" or "XenForo" refers to XenForo forum software (www.xenforo.com)
"Platform" refers to either "vBulletin" or "XenForo"
"Third Party" refers to code not included in vBulletin or XenForo and not written by LUTISH Technologies
"Skin" refers to a style that can be added to vBulletin or XenForo to change the look of the forum
"Modification" refers to a product that extend the functionality of the vBulletin or XenForo forum software
"Lite" refers to the free version of any piece of software attainable from www.vbulletin.org, www.xenforo.com/community/ or www.lutish.com
"Artwork" refers to any images supplied with the Software or from the LUTISH Technologies website (www.lutish.com)

License & Terms of Use

LUTISH Technologies grants a non-exclusive license to use the Software and related documentation in accordance with the terms and conditions set forth herein.

The use of the Software will be limited to a single website and database.

The Customer may run one other copy of the Software on a closed "test" site. This must not be open to the public, or to public registration and must be password protected.

The Customer may not transfer their license to any third party, more details in the "License Transfers" section.

The Customer may not distribute any code, in whole or in part, to any third party.

The Customer may not attempt to reverse engineer any part of the Software with the intention to circumvent any security or "anti-piracy" system.

The Customer may not distribute any artwork, including edited or modified images, without written permission from LUTISH Technologies.

This license does NOT transfer any copyright, trademark or other rights to the Customer, only the right to use the Software in compliance with the terms within.

The Customer agrees they have installed and tested the "Lite" version and have encountered no bugs or issues.

Support is not offered or guaranteed as part of this license. Support is an extra given free of charge which may be revoked at any time for any reason.

Updates are not guaranteed as part of this license. More info on this is available in our "Aims and FAQ" page.

The Customer may not, under any circumstances, claim any artwork or Software created by LUTISH Technologies as their own. They may not add their own copyright, trademark or other ownership symbol or notification to any LUTISH Technologies Software, even Software which has been edited or modified, without written permission from LUTISH Technologies.

The Customer acknowledges that the Software has not been developed to meet the Customer's individual requirements, and that it is therefore the Customer's responsibility to ensure that the facilities and functions of the Software meet the Customer's requirements prior to purchase.

The Customer acknowledges that the Software is not guaranteed to work on "out of date" versions of the Platform (i.e. versions older than the latest version available as per Platform's website). The Customer agrees that LUTISH Technologies is not required to modify the Software to work on these "out of date" versions of the Platform.

The Customer acknowledges that the Software is not guaranteed to work on Third Party Skins or be compatible with Third Party Modifications.
The Customer agrees that LUTISH Technologies is not required to modify the Software to work on these Third Party Skins or Third Party Modifications.
The Customer agrees that LUTISH Technologies may refer the Customer to the vendor of the Third Party Skins or Third Party Modifications for assistance in altering the look of the Software to fit on the Third Party Skins or be compatible with the Third Party Modification.

The Customer acknowledges that the Software may not be free of bugs or errors, and agrees that the existence of errors shall not constitute a breach of this Agreement. The Customer agrees that the existence of errors shall not constitute the Software being "Not As Described". The entirety of the risk as to the results, quality and performance of the Software is with the Customer.
In the event that the Customer is purchasing the Software as a consumer, nothing in this clause shall affect your statutory rights.

The Customer acknowledges that LUTISH Technologies shall be given a reasonable amount of time to resolve issues in the Software before requesting a refund. The Customer agrees that the definition of "reasonable amount of time to resolve issues" is decided solely by LUTISH Technologies, on a case-by-case basis.

The Customer acknowledges that if the Customer is unwilling to provide LUTISH Technologies support staff with the ability to assist the Customer with an issue (including, but not limited to: refusing access to the Customer's server, restricting LUTISH Technologies support staff's access to the Customer's server, providing access via means LUTISH Technologies support staff is unable to take advantage of), the Customer is not eligible for a refund.

The Customer acknowledges that the existence of minor issues that do not prevent the Software from running, or break important functionality in a significant way, is not grounds for a refund.

The Customer acknowledges that LUTISH Technologies can only offer support in English. The Customer agrees that if the Customer is unable to convey their issue in a way that LUTISH Technologies support staff can understand, LUTISH Technologies support staff is unable to guarantee support for issues the Customer may have in the Software. The Customer also agrees that this is not grounds for a refund.

The Customer acknowledges that LUTISH Technologies support staff is not liable for any damage or problems that occur during our attempts to resolve issues in the Software. This is including, but not limited to; data loss, loss of profit from aforementioned data loss, error messages displaying on screen for visiting members, debug data displaying on screen for visiting members.

The customer acknowledges that it is the customer's responsibility to protect their lutish.com account and the files of the Software they download. The customer accepts that should the Software be used on unlicensed sites, their license(s) can be declared null and void without any refund.

The customer acknowledges that should they distribute the Software they purchase to unlicensed users, or to any "warez" or "pirate" site, they are liable for damages equal to the losses of LUTISH Technologies. These losses will be calculated as the full retail price of the Product multiplied by the number of unlicensed users who download or use the Product.

The customer acknowledges that LUTISH Technologies. has the right to take any steps it sees fit to prevent unlicensed use of the Product, including the application of anti-piracy DRM or encryption to the Product files.

Notwithstanding that any terms may prove to be illegal or unenforceable, the remaining Terms and Conditions of this Agreement shall continue in full force and effect.

LUTISH Technologies reserves the right to update, modify or change the Terms and Conditions of its license, in whole or in part, at any time and for any reason. These new Terms & Conditions will apply to all past and future purchases. If you refuse to accept any update to the terms and conditions you must inform us in writing. Your access to our site and any Product you purchased will be removed, along with any access to future versions of the Product.

Versions Supported

Listed vBulletin 3.8.X = Guaranteed to work on vBulletin 3.8.11, with no verified reports of it not working on earlier versions. If there are issues with earlier versions LUTISH Technologies will attempt to resolve them, but this is not guaranteed. This is also not grounds for a refund except as specified below. Ensure you test the "Lite" version of the Software to verify compatibility.

Listed vBulletin 4.X.X = Guaranteed to work on the specified version of the vBulletin 4 series. If there are issues with earlier versions LUTISH Technologies will attempt to resolve them, but this is not guaranteed. This is also not grounds for a refund except as specified below. Ensure you test the "Lite" version of the Software to verify compatibility.

Listed XenForo 1.5.X = Guaranteed to work on the specified version of the XenForo 1.5 series. If there are issues with earlier versions LUTISH Technologies will attempt to resolve them, but this is not guaranteed. This is also not grounds for a refund except as specified below. Ensure you are running a compatible version before purchasing.

Listed XenForo 2.X.X = Guaranteed to work on the specified version of the XenForo 2 series. If there are issues with earlier versions LUTISH Technologies will attempt to resolve them, but this is not guaranteed. This is also not grounds for a refund except as specified below. Ensure you are running a compatible version before purchasing.

Refunds

Refunds can be offered in 2 circumstances:

1. The Lite version of the Product (if one exists) works on your platform & server, but the Pro version does not and LUTISH Technologies will not be able to rectify it.
2. The Customer has paid for the Product, but not yet downloaded it.

Because of the nature of digital software, LUTISH Technologies is unable to offer refunds under any other circumstances.

The Customer acknowledges that if a dispute or any form of hold is placed on the payment at the Customer's payment processor, the Customer's access to the paid version of the Software and the support forum is revoked.

Licence Transfers

Any licenses for LUTISH Technologies Software or artwork are NON Transferable.

Liability

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Branding

LUTISH® is a trademark of LUTISH Technologies.

LUTISH Technologies Software usually have some sort of copyright notice or Branding. This is often displayed in the footer of any pages the Product is running on. You may not remove, hide or obscure it with without purchasing the "Branding Free" add-on for the Product.

Sometimes the branding is somewhere in the Product itself (for instance your InfoPanels Modification may say "LUTISH Tech: Info Panels" This may not be removed either, though you are welcome to add things after it. As a general rule, wherever you see the wordsLUTISH Tech, DBTech orLUTISH Technologies or any other variation of such words, you must have written permission to edit or remove them.

All-Access Pass

The price of your subscription is guaranteed for 12 months from your sign up date. E.g. if you sign up for $20 per month, you will only pay $20 per month for the next 12 months unless you cancel your subscription, even if the price for new users increases.

After this 12 month period we reserve the right to increase your monthly fee in line with current prices. If we do, you will receive notice of at least 60 days.