LightBox Excel Add-In Application Terms and Conditions
Rev: 05-15-25
By clicking “I Accept” you (“Client”) agree to the following LightBox Application Terms and Conditions (the “Agreement”):
- Product Description. LightBox Excel Add-In (the “Add-In”) is a Microsoft Office add-in which integrates LightBox (as defined below) commercial real estate (CRE) data (“LightBox Data”) into Excel and other Microsoft Office products. LightBox Live Excel clients can easily search for and insert LightBox CRE data with Microsoft Data Types technology.
- License Grant and Permitted Use.
Upon acceptance of these terms and conditions and subject to Client’s compliance with such terms and conditions, LightBox Parent, L.P. (“LightBox”) grants Client a non-exclusive, non-transferable, non-sublicensable, limited license to use LightBox Live solely in conjunction Client’s use of LightBox products and services. - Restrictions. Except as expressly permitted in this Agreement, Client must not (and is not licensed to):
- Copy, modify, reverse engineer, decompile, or disassemble any LightBox Data, or attempt to do so;
- Install or use any third-party software or technology in any way that would subject LightBox’s intellectual property or technology to any other license terms;
- Work around any technical limitations of the LightBox Data or restrictions in any documentation provided with the LightBox Data;
- Separate and run parts of the LightBox Data on more than one device;
- Upgrade or downgrade parts of the LightBox Data at different times;
- Use the LightBox Data for any unlawful purpose;
- Transfer parts of the LightBox Data separately; or
- Distribute, sublicense, rent, lease, or lend any of the LightBox Data, in whole or in part or use them to offer hosting services to a third party.
- DISCLAIMERS AND LIMITATION OF LIABILITY.
LIGHTBOX LIVE IS PROVIDED “AS IS,” “AS AVAILABLE” AND LIGHTBOX AND ITS SUBSIDIARIES, AFFILIATES AND THIRD PARTY SUPPLIERS DISCLAIM ALL WARRANTIES, OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, ARISING OUT OF OR RELATED TO THE ADD-IN, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING ACCURACY, QUALITY, CORRECTNESS, COMPLETENESS, COMPREHENSIVENESS, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, MISAPPROPRIATION, OR OTHERWISE (IRRESPECTIVE OF ANY COURSE OF DEALING, CUSTOM OR USAGE OF TRADE) OF THE ADD-IN.
IN NO EVENT SHALL LIGHTBOX OR ITS SUBSIDIARIES, AFFILIATES OR THIRD PARTY SUPPLIERS BE LIABLE TO CLIENT FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF USE, OR LOSS OF DATA), ARISING OUT OF OR IN ANY WAY CONNECTED WITH CLIENT’S USE OF THE ADD-IN, EVEN IF LIGHTBOX OR ITS SUBSIDIARIES, AFFILIATES OR THIRD PARTY SUPPLIERS HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. - Access to Microsoft Features. With the Add-In, Client will have limited functionality within the platform to certain Microsoft features. At Microsoft’s discretion, such features my be changed or removed without notice to Client.
- Governing Law. This Agreement and the rights and obligations of the parties under this Agreement shall be exclusively governed by and construed in accordance with the laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Client agrees that the exclusive venue and jurisdiction for any controversy, dispute or claim arising out of or relating to this Agreement shall be the federal and state courts located in the State of Delaware. Client submits to the exclusive venue and jurisdiction of such courts and agree not to bring any suit or judicial proceeding in any forum other than such courts or assert any objection that it may have to the venue or jurisdiction of such courts.
- ENTIRE AGREEMENT. This Agreement is the parties’ entire agreement on this subject and merges and supersedes all related prior and contemporaneous agreements. By agreeing to these terms, Client represents and warrants that Client has the authority to accept this Agreement, and Client also agree to be bound by its terms.
- Reservation of Rights. LightBox reserves all rights not expressly granted in this Agreement. Offerings are protected by copyright and other intellectual property laws and international treaties. No rights will be granted or implied by waiver or estoppel. Rights to access or use Offerings on a device do not give Client any right to implement Publisher’s patents or other intellectual property in the device itself or in any other software or devices.
- Feedback. Any Feedback is given voluntarily, and Client grants to the LightBox, without charge, a non-exclusive license under Lightbox’s owned or controlled non-patent intellectual property rights to make, use, modify, distribute, and commercialize the Feedback as part of any of LightBox’s products and services, in whole or in part and without regard to whether such Feedback is marked or otherwise designated by LightBox as confidential.
- Assignment. Either party may assign this Agreement to an affiliate, but it must notify the other party in writing of the assignment. Client consents to the assignment to an affiliate or third party, without prior notice, of any rights LightBox may have under this Agreement to receive payment and enforce Client’s payment obligations, and all assignees may further assign such rights without further consent. Furthermore, either party may assign this Agreement without the consent of the other party in connection with a merger, reorganization, acquisition, or other transfer of all or substantially all of such party’s assets. Any other proposed assignment of this Agreement must be approved by the non-assigning party in writing. Assignment will not relieve the assigning party of its obligations under the assigned Agreement. Any attempted assignment without required approval will be void.
- Severability. If any part of this Agreement is held to be unenforceable, the rest of the Agreement will remain in full force and effect.
- Waiver. Failure to enforce any provision of this Agreement will not constitute a waiver. Any waiver must be in writing and signed by the waiving party.
- No third-party beneficiaries. This Agreement does not create any third-party beneficiary rights except as expressly provided by its terms