Enlighten technologies, inc. EULA
(End User License Agreement)
THANK YOU for choosing a product of enlighten technologies, inc.!
PRODUCT AND LICENSE SPECIAL NOTE: The specific products, subject to this Agreement,
including Legalconference.com, Secureclientfile.com, Onlineinsurane.com, Lawsonline.com,
Lawchek.com, and Lawyerslistings.com are products owned and licensed (not sold) by and
through enlighten technologies, inc. (hereinafter referred to enlighten®). Any and all use of the
products listed and/or any other products, modifications, updates, and/or licensed applications
of the products of enlighten®, are understood by the USER to be transacted through this End
User License Agreement (EULA) and are subject to the terms and conditions of this Agreement.
By virtue of any installation, accessing, use, and permitted copying under the terms of this
Agreement, the USER agrees to be bound by the terms of this Agreement and represents that
the entire Agreement has been read, examined, understood, and accepted by said USER
through either a written acknowledgment (contract and/or order) or by checking the “Accept”
box at the end of this Notice. The Licensor, enlighten®, reserves all rights not expressly granted
to USER and it is expressly understood by the USER that this Agreement is a Software as a
Service (SaaS) agreement, the use of which is accessible through various internet browsers and
accordingly all right, title, and interest in the methodology, engineering, architecture,
formatting, vault design, fluid video, video configurations, file configurations, file
collaboration/editing process, and unique features, (e.g. “push-to-talk,” “jump-in” application,
video-document marriage, access system points, and presentations) are the property of
enlighten technologies, inc.
LIMITED LICENSE USAGE: enlighten® grants to the USER a revocable, non-exclusive, non-transferable,
limited membership to use various products, including: the Legalconference Web Application
enumerated services, the Secureclientfile Web Application enumerated services, and the related
products identified in the preceding paragraph and in the body of this Agreement. This web application
service will allow the USER to upload electronic data, store electronic data, transfer data between two
or more computers and provide unlimited peer to peer videoconferencing for up to 8 devices (or more
by special agreement) connected to the internet in a secure file sharing environment. This web
application service, also known as a SaaS, is hosted on the Legalconference.com and
Secureclientfile.com servers; and while only enlighten® has access to individual account holder
information that is required in order to provide backup protection and to extend the life of the
data stored on the servers, enlighten® does not access attorney or client information,
documents, data, or records that are placed on the servers and will not do so without
expressed written permission from the USER who deposited the records or as a result of an
appropriate court order from a court of recognized and competent jurisdiction.
ACCESS AND USE OF DATA:
NO DATA STORED ON THE SERVERS OR VAULT PLATFORM
OPERATED BY enlighten technologies, inc. IS SHARED BY enlighten® WITH ANY THIRD PARTY;
THEREFORE, NO THIRD PARTY IS PERMITTED ACCESS TO DATA INSERTED INTO THE SECURE
VAULT PLATFORM BY THE USER UNLESS THE USER VOLUNTARILY CHOOSES TO ALLOW A
THIRD PARTY (e.g. client, court, expert, other attorneys, etc.) ACCESS TO THE USER’S FILES.
It is the complete intention of enlighten® to allow ONLY the USER and designated parties of and
by the USER to have access to any and all information, documents, data, and records or any
kind that the USER has placed into the enlighten® or LegalconferenceTM or SecureclientfileTM
vault platforms. Additionally, enlighten® does NOT “mine” any of the USER’S content, does
NOT market to any Third Party the identity or content of User, and does NOT allow any Third
Party access to the USER’S information, documents, data, records, or content. NO content
placed into the enlighten® secure vault platform by a USER is owned by enlighten® and
enlighten® will make no claim of ownership in such content. It is the intent and expectation of
enlighten® that none of the material (information, documents, data, or records) placed into the
secure vault platform operated by and through enlighten® will be allowed to be accessed by
any Third Party through enlighten® without the expressed written consent or invitation of/by
the USER or by virtue of a COURT ORDER entered on behalf of a court of competent and
A. DEFINITION OF TERMS AND USE OF LICENSE:
1. Authorized User: An Authorized User is any party (generally, a judge, an attorney,
an expert, a court reporter, a federal or state employee, bank employees, insurance
company employees, accountants, or others within the legal community) who has
subscribed to any of the on line services that are provided directly through
enlighten® or its subsidiaries, including: www.legalconference.com;
www.secureclientfile.com; www.onlineinsurance.com; www.lawsonline.com;
www.lawchek.com; and/or www.lawyerslistings.com
2. EULA: EULA represents this End User License Agreement that licenses the software
use that is purchased through enlighten technologies, inc. or any of its subsidiaries
as identified in this Agreement and that is made available through on-line access
wherein Software as a Service is provided pursuant to this Agreement.
3. SaaS: SaaS represents Software as a Service and as such is a software application
that is utilized through an electronic devise that is capable of processing data
(personal computers, laptops, desktops, workstations, certain servers, including mail
and print servers, gateway devices, SANS [Storage Area Network Servers], portable
work stations, tables, telecommunication devices, and other electronic devices) by
virtue of access to the internet through web browsers (e.g. Chrome, Firefox, Edge,
Explorer, Safari with Bowser, and Opera), etc.
4. Protected Software: The software designed and utilized by and through enlighten®
and its subsidiaries, as identified in this Agreement, is intended to encompass each
and every software program deployed through an object code format that is
protected as an intellectual property by enlighten® and delivered to the USER as a
result of the purchase of this License Agreement.
5. Trade Secrets: The application of the software designed and utilized by and through
enlighten® and its subsidiaries, as identified in this Agreement is integrated into a
telecommunications vault platform that employs and deploys a specific
configuration of routers, switches, and servers through a unique encryption process
that enables all video and documents that access, integrate through, and exit the
vault platform are processed through a series of trade secrets that are owned by
6. Encryption: The encryption process developed by enlighten® has many unique
features and due to specific trade secrets, the messages, video, data, and
information that is placed into the vault platform undergoes an encryption process
both entering and exiting the platform; therefore, the information that a USER
places into the vault platform is protected from access by third parties.
7. Document: Any form of instrument (Word, PDF, TIF, GIF, Excel, Power Point, etc.)
that conveys information which is intended to provide substance to an intended
reader; and as such, virtually every form of such document is transferable through
the enlighten® vault platform through a uniquely protected and secure process
where any such document is encrypted on the transfer into and from the enlighten®
8. Storage: The retention of a document or documents that may be placed for safe
keeping into the enlighten® vault platform for immediate or subsequent review by
the party inserting the document and/or the specific designee of the party who
inserted the document into the storage or document retention portion of the
enlighten® secure vault platform may be either retained in storage or dissolved at
the end of any given conference. NOTE: Any and all documents placed into the
enlighten® secure vault platform will be dissolved UNLESS the USER (individual who
places the document into the vault platform) specifically requests that the
documents be retained for retrieval.
9. Retrieval: Documents may be retrieved from the enlighten® secure vault platform if
and when the USER specifically designates a particular document for retention and
retrieval. The integrated default within the vault platform automatically dissolves all
documents after a given conference concludes UNLESS the USER specifically
designates to the vault platform the desire to retain the document place into the
10. Collaboration: All documents placed into the enlighten® secure vault platform by a
subscribed USER may be reviewed/shared/edited (particular documents only) by any
party who the USER specifically allows access to the vault for the purpose of
reviewing a given document; and the USER must specifically designate the document
chosen for a “share” application; plus, it is noteworthy that when such “share” is
designated through the enlighten® vault platform, it is not necessary for any invitee
of the USER to have any special software in order to access the designated
11. Editing: Certain documents placed into the enlighten® secure vault platform by the
USER may be edited by any party invited into the collaboration conference, subject
to a “hand off” by the USER, that allows the invited party to also edit. Multiple edits
are permitted and in some particular cases, as requested by the USER, multiple edits
may occur simultaneously. Color coding and color shading of edits is also permitted.
Edits may be saved or deleted and a chronology of the document as edits have
occurred may be accessed in order to review earlier renditions of a given document.
12. Document Dissolution: Documents are dissolved at the conclusion of each session
of collaboration UNLESS THE USER, as the control party to the conference, decides
to save the document and have the document archived. Any and all documents may
be archived for specific rules relative to compliance and storage that a given USER
may be required to provide; however, the USER MUST DESIGNATE the documents
that are to be placed in storage and/or archived.
13. Video: Multifaceted video options are readily available for any and every
conference that a USER decides to engage through the enlighten® secure vault
platform. Video collaboration generally allows up to eight individuals to engage in a
conference at any given time; however, webinar applications that allow for over one
hundred participants are available with the same multiple features of collaboration.
The standard (non-webinar) video allows for up to eight individuals at once with
multiple screen selections of two, four, and five shown participants with other
participants permitted to “jump in” as needed during the same video conference.
The video application integrated into the enlighten® secure vault is available along
with audio and texting applications whether a decision is made to use video or not.
Collaboration of documents may occur with or without video being used. The video
application also provides for “deposition mode” and full screen use.
14. Devices: Virtually any electronic devise, including desk tops, lap tops, server
stations, tables, phones, etc. may be used for document collaboration and most
video through the enlighten® secure vault platform.
15. Software: The USER and any invited third party of the USER does not need to
download any software in order to use the enlighten® secure vault platform. All
software that is unique and properly protected by enlighten® as a form of
intellectual property is integrated into the secure vault platform that operates at
telecommunication bunkers as directed by enlighten®. A USER and any third party
invitee of a licensed USER is granted access through a controlled and secure web site
owned by enlighten® that is accessed through a typical web browser.
16. Subsidiary: Various subsidiaries, wholly owned entities of enlighten® provide
portions of the secure vault platform and those entities are: www.esdn.com;
www.legalconference.com; www.secureclientfile.com; www.lawchek.com;
www.lawsonline.com; www.lawyerslistings.com, and www.onlineinsurance.com.
17. Support: Product support is available normally from 8:00 am, Central Time until 5:00
pm Central Time; however, product support may also be accessed either through
the main web site (www.enlightentech.net) 24/7 or at 1-800-529-5121
18. Update & Upgrade: All updates and upgrades that occur routinely are automatically
provided within the secure vault platform and accordingly, are immediately available
to all licensed USERS as the updates and upgrades occur.
19. License: This License is granted to User for the period of one year unless the License
Application and/or a specific and signed License Agreement between enlighten® and
USER is for a specific period beyond one year; and, regardless of whether a specific
License Agreement is signed or not signed, this EULA shall apply and control the use
of the enlighten® product and/or the products of any enumerated subsidiaries, as
well as, enlighten® in its relationship with USER. This License is conditioned upon
compliance of the terms of this Agreement by USER and USER understands that this
License Agreement grants a limited nonexclusive and nontransferable license to use
the various software applications set forth in this Agreement. This License does not
permit USER to utilize this License on any devise that USER does not own or any
devise that is not owned by a specific INVITEE of USER. USER does not own or
control this LICENSE and may not transfer, lease, lend, rent, sell, redistribute or
sublicense this LICENSE. USER may not copy, reverse engineer, attempt to decipher
any source codes, duplicate or create any derivative works of any of the products
protected by virtue of this License Agreement and the same shall apply to any
upgrades or updates provided by enlighten® or its subsidiaries to the products
covered by this License Agreement. USER understand and agrees that the services
provided by enlighten® and its subsidiaries contain certain proprietary content and
material that is protected by applicable intellectual property and other laws,
including but not limited to copyrights and trade secrets that USER will not use in
any way except as permitted by this License Agreement. USER agrees that this
License Agreement covers certain commercial items as defined at 48 C.F.R. §2.101
including commercial computer software and commercial computer software
documentation per 48 C.F.R. §12.212 and §227.7202-4, as deemed appropriate with
any unpublished rights reserved under the copyright laws of the United States. It is
understood that any attempt to do so, constitutes a violation of the rights of
enlighten® and/or its subsidiaries; and any violation of those rights may result in
appropriate action by enlighten® to protect its rights, including appropriate damages
as may be awarded by a court of law.
20. Copy/Duplication: USER understands that nothing contained within this Agreement
grants any right, title, or interest to USER to copy, decompile, reverse engineer,
decrypt, or otherwise replicate or reduce the software or trade secrets of enlighten®
to readable form or to otherwise attempt to redesign, replicate, copy or make
available in any format the software and trade secrets covered by this License
21. Browsers: The enlighten® secure vault platform of video coupled with full document
collaborations, including an editing function, (also delivered through enlighten®
subsidiaries) is capable of operating on virtually every known browser. Safari users
through certain iphones may be required to use a third party application (e.g.
Puffin); however, most browsers will function with the enlighten® secure vault
platform without the use of special download requirements.
22. Platforms: Nearly all computing platforms, regardless of pre-existing software or
codes that are utilized should function through the enlighten® secure vault platform.
Most hardware architectures and operating systems should function through the
enlighten® secure vault platform regardless of which device (phone, tablet, laptop,
desktop, configured system, etc.) is being used, providing the devise being used is
newer than five years old and does not have a proprietary system downloaded upon
it that prevents a devise application (e.g. camera, audio system, etc.) from deploying
or engaging in interactivity through the internet.
23. Push-to-TalkTM: The Push-to-TalkTM feature of the enlighten® product line,
particularly in regard to all video applications is unique to enlighten® and its
subsidiaries. This unique feature allows a video conference to include multiple
parties beyond those actually displayed on the screen (monitor) to participate in a
video conference where each participant to the conference may appear on the
displayed screen by activating the “Push-to-Talk” feature while another participant
to the conference is “bumped” from the visual portion while remaining actively a
part of the conference.
24. “Quick Pass:” The “Quick PassTM” feature is unique to enlighten® and its subsidiaries
and is a part of the protected intellectual property aspects of the product line. The
“Quick Pass” enables the USER to allow any party across the globe to immediately
access a video room and/or a document for collaboration by allowing an invited
guest of the USER to go to an enlighten® product (e.g. www.legalconference.com)
and insert the designated “Quick Pass” for immediate and secure access to the video
and/or document collaboration room.
25. “Jump In” and Hand Raise: The “Jump In” feature is also unique to the video
conferencing of enlighten® and its subsidiaries as this feature allows a participant to
a video conference who is not actively shown on the screen (monitor) to “Jump In”
the conference as an active participant. This allows for the video conference to
engage many participants beyond screen space and/or in the case of a webinar for
over one hundred participants to become active in the conference and as permitted
by the host to the conference. For example, during a webinar a participant may
place their cursor over the special “hand” icon and the host will be able to see from
the attendance list the identity of the party with the question. At that point the host
may or may not acknowledge and allow the party with the question (and the raised
“hand”) to address the conference.
26. Attendance List and Calendar: Every video conference and webinar provided by
enlighten® and its subsidiaries displays an attendance list of the participants to the
conference regardless of whether an attendee is displaying a video stream or simply
participating by audio only. The Calendar feature displays to the host the lists of
meetings, meeting invites sent to participants by the host, and other information
that the host deems important for calendar recognition; and such features permit a
question to be addressed for the HOST/USER that will indicate a particular colored
check mark to the HOST/USER that a particular file has a notation that should be
27. User and Editor Logs: The host of an enlighten® (and subsidiaries) conference has
access to a User Log that records and maintains a list of all participants to a given
video or non-video conference with a date and time stamp for later access. The host
of an enlighten® (and subsidiaries) conference also has access to a Editing Log that
records and maintains a list of edits to a given document by any participant. This log
is dated and time stamped for recordation processes.
28. File/Sub-File: Each File created by USER is capable of including multiple sub-files
thereby allowing a given Host (USER) to create “trees” of subfolders for any folder
that may be selected for a given purpose (e.g. correspondence, pleadings, discovery,
court orders, depositions, experts, intake, client data, exhibits, etc.)
29. Public/Private Notice (Specific File Check Mark): The HOST/USER has the option of
making any document in any given selected file folder to be designated “private” for
USER/HOST “eyes only” or “public” which allows the document to be viewed by the
HOST/USER along with the invited attendees/guests of the HOST/USER.
30. Agreement Term: The term of this Agreement is for a period of twelve months with
either a monthly renewal in the event of a monthly payment agreement or for an
annual renewal in the event of a yearly payment agreement. Longer terms and
payment options are available by special agreement and as evidenced by a signed
agreement between enlighten® and the USER.
31. Non-Assignment: USER is not permitted to assign any portion of this Agreement or
the usage of the enlighten® (or subsidiary) products to any party for any reason.
32. Termination: A USER may terminate this Agreement at the end of the agreed
payment term (monthly or annually); and enlighten® may terminate this Agreement
for any violation of any of the terms set for within this Agreement, including any
violation of the contract terms and/or any violation of any laws of the United States
of America. Any and all confidential obligations, restrictions, and limitations,
including limitations upon warranties, use, duplication, non assignment, and other
rights delineated for enlighten® and as set forth in this Agreement and imposed
upon USER shall survive the termination of this Agreement.
33. Disclaimer: Except as specifically set forth in this Agreement, all expressed and/or
implied warranties, representations, or conditions, including fitness for a particular
use/purpose, and/or merchantability are understood to be totally excluded.
34. Warranty: USER’s license to use the software of enlighten® (and its subsidiaries) is
limited to the USER and the invitees of USER to video conferences and/or document
share under this Agreement and accordingly the use of the enlighten® product is
limited to only the representations of warranty contained in this Agreement and
such warranties include the fact that the video applications, the webinar
applications, and the document storage, permitted collaboration, retrieval, and
access are provided ONLY to a licensed USER and that USER’s designated conference
participants under the enlighten® (and subsidiaries) processes licensed by this
Agreement. It is further represented that enlighten® (and subsidiaries) do not
permit access to any documents placed within the secure vault platform except as
specifically allowed by USER, including USER’s designated parties through USER’s use
of the secure vault platform. enlighten® does not “mine” or resell, or allow nor will
it allow access to documents placed into the secure vault platform unless expressly
permitted by USER in writing or unless enlighten® is ordered to release any
documents by virtue of a court order executed by a court of competent jurisdiction
within the United States of America. Additionally, any documents placed by USER
into the secure vault platform will be placed and stored through an encryption
process into servers at a secure telecommunications bunker that has been certified
for security measures that are ISO compliant. enlighten® further represents that its
proprietary designed software and trade secrets are ultimately expected to fulfill
ISMS (information security management System) compliance under ISO-27001,
SOC2 Shared Assessment AUP and Fed RAMP that are expected to include all legal,
physical, and technical controls relative to risk management.
35. Scope of License: The scope of license for any enlighten® or subsidiary product is
conditioned upon compliance with the terms and conditions of this Agreement
wherein, enlighten® grants a nonexclusive and nontransferable license to USER for
the agreed business purposes of USER through the aspects of this Agreement, all
subject to the stated limitations and agreed usage to USER by enlighten® access to
the enlighten® secure vault platform.
36. Consent to Use: USER agrees and understands that the USER’s use of any and all
aspects of the enlighten® secure vault platform is by virtue of the limited consent of
enlighten® to USER as set forth in this Agreement.
37. Services: The Licensed Application governed by this Agreement to USER may enable
the USER to allow the invited third parties subject to this Agreement and through
such usage, certain third party services provided through the licensed enlighten®
product may involve certain third parties such as browsers, internet sites, and
systems to be accessed, and accordingly, enlighten® makes no warranty of any sort
relative to the use of any third party services.
38. Levels of Use: Through the licensing permitted by this Agreement, various services
contracted and purchased by USER are expected to be governed by one of the
following purchased applications by USER from enlighten:® The following details
provide the suggested pricing for each level which are:
(b) The Advanced: This level of usage casts approximately $58/mo or $700 annually
and includes all of the features of the Basic offering along with a Full Lobby that
allows the USER to deploy 100 separate client files. This level also includes a
Calendar, a Attendance Tab, File Selection Tab, and additional USER options.
(c) The Enterprise Solution: This level of usage includes all of the features of the
Advanced platform noted at (b) above, along with sub-Administrative
capabilities, large law firm usage of over 1000 independent file folders, up to 120
independent video USER seats, the capacity to either dissolve or store files, and
unlimited webinar use. The suggested price point for this level is $2400
per/month or $28,800 annually.
(d) The Private Label: This level of usage includes all of the features identified in
items a, b, and c above, as well as, the separate installation of the entire
enlighten® secure vault platform at a communication bunker of the USER’S
Choosing with the routers, switches, and servers contained within a special rack
of dedicated service for which the keys of operation are delivered to the USER’s
firm so that complete control of the enlighten® secure vault platform for the
USER’s firm is both dedicated and unique to the USER’s firm. The minimum
contract term for this service is three years and the typical cost is $45,000 per
month or $540,000 annually.
B. VIDEO ASPECTS: Certain video aspects and applications are packaged as a part of the
product provided to USER by enlighten® and its subsidiaries. The video aspects and
applications are a part of the secure vault platform uniquely designed and bundled with
secure document collaboration, all through a uniquely designed and protected process
made possible by virtue of specifically designed software and trade secrets that are
protected as intellectual property owned by enlighten®. It is understood by USER that in
some instances a USER may desire exclusively the Secure Document File package;
however, the video aspects and applications are integrated into the bundled offering
and the unique architecture deployed by and through the enlighten® secure vault
platform; therefore, the USER will, accordingly have access to the video aspects and
applications without any special charges.
C. DOCUMENT TRANSFERS/RETRIEVAL/DISSOLUTION/STORAGE: Documents of virtually
every kind and type may be transferred to and from the enlighten® secure vault
platform with the expectation of full security being deployed since documents are
encrypted going into and being retrieved from the secure vault platform. Documents
placed into the secure vault platform may be dissolved at the conclusion of a meeting or
with specific instructions by the USER to the secure vault platform by virtue of an
integrated software program, documents may be retained and stored (usually for the
purpose of fulfilling legal requirements for specific retention). Collaboration and editing
of appropriate documents are also enabled under the specifically designed software
programs integrated into the secure vault platform. Under no circumstances does
enlighten® or its subsidiaries permit any access to documents placed into the secure
vault platform or allow any data or documents to be accessed by any third party nor
does enlighten® or its subsidiaries allow any third parties to “mine” data or documents
placed into the secure vault platform. The only circumstances that would allow
enlighten® or its subsidiaries to access any data or documents placed into the secure
vault platform would be in the event the USER would provide written permission to
allow such access or if a court of competent jurisdiction within the United States of
America were to enter an order mandating such access.
D. PRODUCT SUPPORT: Product support for the entire enlighten® secure vault platform is
available 24 hours per day and every day. No expansion of this Agreement is permitted
through any product support call or electronic communication.
E. PROPRIETARY SOFTWARE: The software used to operate the enlighten® secure vault
platform is proprietary and is appropriately protected. Unauthorized use is prohibited.
F. TERM: The term of this Agreement shall be monthly or yearly for either the Basic or the
Advanced use of the secure vault platform provided by enlighten® or its subsidiaries in
accordance with Paragraph A (37)(a) and Paragraph A (37)(b) set forth above; however,
a renewal of a like term may be initiated by the USER on either a monthly or a yearly
renewal. If such renewal shall occur, the same conditions of this Agreement shall apply
for the renewal term. If the Enterprise Solution under Paragraph A (37)(c) or if the
Private Label Solution under Paragraph A (37)(d) has been selected by a USER the term
of this Agreement shall be for a period of three years, subject to renewal under the
terms and conditions of this Agreement and any additional Agreement by and between
the USER and enlighten® or a subsidiary of enlighten.®
G. TERMINATION: Termination under this Agreement shall be in writing by either the USER
to enlighten® or by enlighten® to the USER with the reason(s) for the termination set
forth; otherwise, an automatic renewal of this Agreement shall occur under the same
terms and conditions as set forth in this Agreement and any additional specific
Agreement between the USER and enlighten.® Reasons for termination shall include
failure to perform, failure of payment, insolvency, bankruptcy, or death of an individual
USER who is licensed under Paragraph A (37)(a) or Paragraph A (37)(b).
H. FEDERAL REGULATIONS: Certain federal regulations may apply to this Agreement and
those regulations shall apply to the parties to this Agreement so long as a party to this
Agreement is bound to comply with such regulations.
I. REGULATORY COMPLIANCE/CERTIFICATION: It is the intention of enlighten® and its
subsidiaries to migrate to regulatory compliance under ISO-27001, SOC2, Shared Assessment
AUP, and FedRAMP; however, it is understood that there is no legal obligation and no obligation
under this Agreement for either enlighten® or its subsidiaries to do so.
J. PROPRIETARY NOTICES: User agrees to maintain and reproduce any and all copyright,
proprietary, trade secret, and other notices on any and all copies, in any form of any
software permitted by enlighten® to be used only at USER’s location(s); and that USER
will not make any copies or duplicates of any software of enlighten® or its subsidiaries.
K. TRADEMARKS, COPYRIGHTS, AND TRADE SECRETS: The trademarks, Copyrights, and
Trade Secrets that are utilized by virtue of this Agreement are the sole property of
enlighten® and its subsidiaries and nothing in this Agreement grants any right title or
interest to the USER or any third party any interest in the Trademarks, Copyrights, and
Trade Secrets which are the acknowledged property of enlighten.®
L. LIMITED WARRANTY AND RESTRICTIONS: In addition to the limitations set forth under
Paragraph A (33) of this Agreement, enlighten® and its subsidiaries limit any and all
warranties to only to the software provided to USER to be suitable for only the purposes
for which the software is provided through access permitted and limited to the web
sites owned and operated by enlighten® and its subsidiaries in regard to the uses
represented through this Agreement, and in no case does enlighten® and/or its
subsidiaries warrant that any video or document collaboration will perform any
functions beyond the scope of the functions delineated by and through this Agreement.
Accordingly, the extent of any warranty rests with the replacement of any software
product by enlighten® and its subsidiaries during the term of this Agreement or any
specific Agreement between enlighten® and the USER.
M. DISCLAIMER OF LIABILITIES: To whatever extent not prohibited by law, in no event shall
enlighten,® or any of its subsidiaries, its officers, employees, board members,
shareholders, or heirs/assigns be liable for any personal injury, or any act whatsoever,
whether incidental, indirect, consequential, or otherwise; and, without limitation,
enlighten,® and/or any of its subsidiaries, its officers, employees, board members,
shareholders, or heirs/assigns shall not be responsible for damages, any loss of profits,
loss of data, loss of business interruption or any other commercial loss arising out of any
and all matters that are related to the USER’s use or the USER’s invitee’s use of any
licensed application provided as a service or otherwise under this Agreement; and this
understanding on non-liability shall apply relative to any potential or plausible claim for
damages, especially and particularly to any third party’s involvement.
N. JURISDICTION: In regard to jurisdiction, the laws of the United States of America shall
apply and any non-federal or non-international jurisdictional issues shall be subject to
the laws of the State of Iowa. This SaaS is intended to meet the confidentiality
standards required relative to the ethical file requirements to which the legal
community is bound to follow and that relate to file access, storage, and retrieval. In
the event of non-payment by USER, stored files may be retrieved by virtue of an
appropriate court order.