End-User License Agreement

License Grant

Moonlight grants you a limited, non-exclusive, non-transferable, revocable license to use the Software and Device solely in accordance with this EULA. This includes use in applications that require users to move their mouse with precision, with full understanding of the functionality provided.

Intended Use, Inclusivity, and Assistive Technology Compliance

The Software and Device are designed with inclusivity in mind, ensuring that individuals with physical or mental handicaps are not left behind in applications requiring users to move their mouse with precision. Moonlight is committed to creating tools that allow people of all abilities to participate fully and on an equal footing with others.

The Device is particularly suited for:

- Individuals with Physical Disabilities: Providing assistive functionality that enhances motor skills, allowing users with reduced physical capabilities to perform precise movements in applications.

- Individuals with Cognitive or Mental Disabilities: Offering accessible and simplified configurations, enabling users to overcome challenges related to focus, reaction speed, or other cognitive impairments.

Inclusivity is a core principle of Moonlight, and we are proud to develop technology that ensures users with handicaps can enjoy the same experiences and opportunities as others. The use of the Software and Device as assistive technology is protected under applicable disability rights laws, such as the Americans with Disabilities Act (ADA) in the United States, or similar frameworks in other jurisdictions. These tools are designed to provide equitable access and functionality for all users, including those with disabilities.

The Software and Device are intended for

- Color Analysis: Advanced color detection, sorting, and filtering.

- AI Detection: Neural network object detection for identifying humanoid figures.

- Enhanced Precision: Input translation, aim assist, and other enhancements that interact with applications requiring users to move their mouse with precision, ensuring that users with disabilities can participate effectively.

Permitted Use

The Software and Device are permitted for use in applications that require users to move their mouse with precision, including those designed to help users with disabilities. The User is responsible for ensuring their compliance with third-party platform terms of service, end-user license agreements, or other binding agreements.

Prohibited Use

While the Software and Device are designed for use in applications that require precision, including for people with disabilities, the following uses are prohibited:

- Illegal Activities: Use in violation of any local, state, national, or international law.

- Unauthorized Modifications: Reverse engineering, decompiling, or unauthorized tampering with the Device or Software.

- Harmful Interference: Using the Device or Software to cause disruptions to servers or other users.

User Data Collection and Consent

Moonlight collects user data, including but not limited to hardware identification (HWID) and authentication data, solely for security, HWID verification, and authentication purposes. This data is handled in accordance with applicable privacy laws and is not shared with third parties except where required by law.

User Consent: By using the Software and Device, the User agrees to the collection and processing of their data in accordance with Moonlight's privacy policy, including compliance with applicable data protection regulations, such as the General Data Protection Regulation (GDPR) in Europe and the California Consumer Privacy Act (CCPA) in the United States. Moonlight ensures that all user data is collected, stored, and used in accordance with relevant laws and regulations.

No Warranty and Liability Disclaimer

The Software and Device are provided "as-is" without any warranty, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the maximum extent permitted by law. Moonlight disclaims all liability for unauthorized use of the Software and Device. The User assumes full responsibility for any consequences arising from their use, including any potential breaches of third-party agreements or terms of service.

Variability in Latency

Due to the nature of dual-PC setups or other configurations, the Software and Device may introduce variability in latency. Users are responsible for managing this variability, and Moonlight will not be held liable for any performance issues related to latency.

Technical Expertise Required

The Software and Device are designed for users with advanced technical skills. If you are unfamiliar with such technical aspects, setup may take longer than expected. Each system configuration is unique, and significant adjustments may be necessary for optimal performance.

No Refunds

No refunds will be issued under any circumstances, including but not limited to unauthorized or prohibited use of the Software or Device.

Termination

Moonlight reserves the right to terminate this EULA and revoke your access to the Software and Device at any time if you fail to comply with the terms outlined herein.

Indemnification

You agree to indemnify and hold harmless Moonlight, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from or related to your use of the Software or Device in violation of third-party agreements, including but not limited to violations of third-party terms of service.

Governing Law

This EULA shall be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflict of law principles.

Compliance with Third-Party Agreements

Users are solely responsible for ensuring that their use of the Software and Device complies with any and all agreements or terms of service of third-party applications, platforms, or systems. Moonlight makes no representations or warranties that the Software and Device are compliant with the terms of service of any specific third-party platform or application. Any use of the Software and Device that violates such third-party agreements is done at the User's own risk.

Assumption of Risk

The User acknowledges that the use of the Software and Device may be in violation of third-party terms of service (including but not limited to those of game publishers and studios), which could result in suspension, banning, or other action against the User's account. The User assumes all risk associated with such use, and Moonlight shall not be held responsible for any consequences, penalties, or damages arising from the use of the Software and Device.

Limitation of Liability

Moonlight, its affiliates, officers, directors, employees, or agents shall not be held liable for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to loss of data, profits, reputation, or access to third-party services, resulting from the use of the Software and Device. This includes damages resulting from actions taken by third-party platforms (such as game publishers) to restrict or suspend access to their services.

Indemnity Against Third-Party Claims

You agree to indemnify, defend, and hold harmless Moonlight, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from or related to your use of the Software or Device in violation of third-party agreements, including but not limited to claims brought by game publishers, studios, or platform operators.

No Endorsement by Third Parties

Moonlight makes no representations, warranties, or guarantees that the Software and Device are endorsed by or compliant with the rules, regulations, or terms of service of any third-party game, platform, or service. The User is solely responsible for ensuring compliance with the applicable rules and regulations of any platform on which the Software and Device are used.

User Responsibility for Legal Compliance

Users are responsible for complying with all local laws and regulations related to the use of the Software and Device. Moonlight makes no representation that the Software or Device is appropriate or permissible for use in any jurisdiction. Any illegal use of the Software or Device by the User is strictly prohibited and shall result in immediate termination of this EULA.

No Guarantee Against Bans or Account Suspensions

Moonlight provides no guarantee that the use of the Software or Device will not result in account suspensions, bans, or other penalties imposed by third-party platforms, game publishers, or studios. Users acknowledge and accept that such penalties may occur and are not the responsibility of Moonlight.

User Acknowledgement of Risk

By accepting this EULA, the User acknowledges the inherent risks in using the Software and Device in ways that may not comply with third-party terms of service. The User agrees that they understand these risks and releases Moonlight from any liability related to the consequences of such use.

Modification of Terms

Moonlight reserves the right to modify this EULA at any time. Any modifications will be communicated to Users, and continued use of the Software or Device will signify acceptance of any revised terms.

Severability Clause

If any provision of this EULA is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Dispute Resolution

Any disputes arising out of or in connection with this EULA shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association in Miami, Florida. The decision of the arbitrator shall be final and binding on all parties.

Force Majeure

Moonlight shall not be liable for any failure or delay in performing its obligations under this EULA due to any cause beyond its reasonable control, including natural disasters, wars, acts of terrorism, labor disputes, or legal changes.

User Acknowledgment of Variability in Latency

The User acknowledges that variability in latency due to different system configurations is expected, and Moonlight will not be responsible for performance issues related to latency.