Lotus

Lotus App End User License Agreement

Last updated: 2025 (day: 1)

IMPORTANT – READ CAREFULLY: This End User License Agreement (this “Agreement”) is a legal agreement between you (either an individual or a single entity) and the Lotus App Developers (“Developers”, “Lotus”) regarding your use of the Lotus App software (the “Software”). By downloading, installing, copying, or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not download, install, copy, or use the Software.  

1. Grant of License

Subject to your payment of the applicable license fee (except for the Demo Version as defined below) and your continuous compliance with the terms and conditions of this Agreement, Lotus grants you a non-exclusive, non-transferable, limited license to install and use one copy of the full version of the Software on up to three (3) unique machines owned or controlled by you simultaneously. The license granted herein is perpetual.

A limited-feature demonstration version of the Software (the “Demo Version”) may be available for free. The Demo Version may have limited functionality, features, and/or usage time as determined by Lotus in its sole discretion. This Agreement also governs your use of the Demo Version, to the extent applicable to its limited functionality.

2. License Restrictions

You shall not, and shall not permit any third party to:

3. Machine Fingerprint

The Software utilizes a machine fingerprinting mechanism to associate a license with specific machines. When you register the full version of the Software, a unique fingerprint of the machine will be created and linked to your license. You are permitted to register the Software on up to three (3) unique machines at any given time. If you wish to use the Software on a new machine after you have already registered it on three machines, you may need to deregister it from one of the existing machines through a process provided within the Software or by contacting Lotus support (if such functionality is provided). Lotus reserves the right to determine the methods and limitations for managing machine registrations.

4. Intellectual Property

You acknowledge that the Software and all worldwide copyrights, trade secrets, patents, trademarks, and all other intellectual property rights therein and relating thereto are and shall remain the exclusive property of Lotus. The Software is licensed, not sold, to you. This Agreement grants you only the limited rights expressly set forth herein, and you acquire no other rights, title, or interest in or to the Software.

5. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ASTROFORM EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ASTROFORM DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR THAT IT WILL MEET YOUR SPECIFIC REQUIREMENTS. YOU ACKNOWLEDGE THAT THE USE OF THE SOFTWARE IS AT YOUR SOLE RISK.  

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL ASTROFORM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SOFTWARE, EVEN IF ASTROFORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ASTROFORM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID FOR THE LICENSE TO THE SOFTWARE.  

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.  

7. Termination

This Agreement is effective until terminated. Lotus may terminate this Agreement immediately without notice if you fail to comply with any term or condition of this Agreement. Upon termination, you must cease all use of the Software and destroy all copies, full or partial, thereof. The provisions of Sections 2, 4, 5, 6, 8, and 9 shall survive any termination of this Agreement.  

8. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of or relating to this Agreement or the Software shall be instituted exclusively in the state or federal courts located in Santa Clara County, California, and you irrevocably submit to the personal jurisdiction of such courts.  

9. Entire Agreement

This Agreement constitutes the entire agreement between you and Lotus with respect to the Software and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Lotus with respect to the Software.  

10. Updates and Maintenance

Lotus may, but is not obligated to, provide updates, upgrades, or maintenance for the Software. These updates, if provided, may be subject to additional terms or conditions.

11. Third-Party Components

The Software may contain third-party software components. These components may be subject to their own licenses, which may be provided with the Software or accessible through it. Your use of the Software is also governed by the terms of those applicable third-party licenses.

BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.