TERMS AND CONDITIONS OF USE AND SOFTWARE USE LICENSE
Last Updated: 06/23/2026
HDZ DESENVOLVIMENTO LTDA, a private-law legal entity, enrolled with the CNPJ/ME under No. 67.232.292/0001-69, with its registered office at Rua Quintino Bocaiúva, nº 280, 1809, andar 18, bairro Cabral, CEP 80.035-090, Municipality of Curitiba, State of Paraná, holder of the rights over the software marketed under the trademark "DIMMY TOOLS" (hereinafter simply "LICENSOR"), offers to the professional stage-lighting market a suite of plugins (hereinafter simply "suite") and individual plugins (hereinafter simply "standalone" and, collectively, "PRODUCT") developed for execution bound to GrandMA3, owned by MA Lighting Technology GmbH, consisting of a set of authorial scripts that automate tasks such as the creation of groups, presets, scenes and the like, previously executable manually by the USER through the GrandMA3 interface. .
This instrument (hereinafter "AGREEMENT") governs, simultaneously, (i) the conditions of use of the PRODUCTS and (ii) the LICENSE granted by the LICENSOR to the USER, applying indistinctly to the PRODUCTS acquired, whether in the form of SUITE or STANDALONE, in accordance with the contracting actually carried out by the USER, observing ANNEX I and the PRICE LIST in force.
1. DEFINITIONS
For the purposes of this AGREEMENT, the expressions below, when written in capital letters, shall have the meanings set forth hereinafter, in the singular or plural:
· BASE SOFTWARE: the console and the computer program "GrandMA3", exclusively owned by MA Lighting Technology GmbH, on whose runtime the PRODUCT is executed. The BASE SOFTWARE is not the object of this AGREEMENT, and the USER must obtain, maintain and update directly with the respective owner the licenses and rights of use required, further being subject to the terms of use of that owner.
· SOFTWARE: computer program proprietary to the LICENSOR, written in the Lua language, composed of an effects engine, central library (DimmyLib), showfile (where applicable), set of plugins and respective technical documentation, in all its versions and updates, supplied in compiled format (bytecode), the result of the LICENSOR's own programming and which, from a technical standpoint, operates within the runtime of the BASE SOFTWARE, executed by the Lua scripting runtime natively made available by the BASE SOFTWARE as a public interface for user automations, acting exclusively upon programming data owned by the USER
The SOFTWARE may be supplied under two modalities: (i) SUITE: integrated delivery (showfile + set of plugins) under the commercial designation "Dimmy Tools Show", in different TIERS; (ii) STANDALONE: individual plugin that operates in isolation in any show of the USER, without dependence on the showfile or the SUITE.
· TIER: commercial level of the SOFTWARE, which defines the set of features released to the USER by the LICENSOR.
· ADD-ON: additional element, marketed separately, with its own technical characteristics and term of validity, (e.g.: laser package).
· LICENSE: license of use, personal, onerous, non-exclusive, non-transferable and revocable, granted by the LICENSOR to the USER under the terms of this AGREEMENT.
· USER: natural or legal person who, in a professional manner, installs, activates, accesses or uses the SOFTWARE, declaring itself, for all purposes, a qualified professional in the field of stage lighting.
· HARDWARE KEY (DONGLE): USB device owned by the USER, identified by its serial number, to which the LICENSE is bound and which operates as a physical access key to the SOFTWARE.
· LICENSE CODE: alphanumeric identifier (format DMTL-XXXX-XXXX-XXXX) issued by the LICENSOR for activation of the LICENSE.
· ACTIVATION: act of binding the LICENSE CODE to the HARDWARE KEY, by means of online validation with the LICENSOR's infrastructure.
· UPDATE: update, improvement, correction or enhancement of the SOFTWARE made available by the LICENSOR, at its discretion, in accordance with the update policy in force.
· THIRD-PARTY COMPONENTS: third-party libraries, modules or code (proprietary, open-source or of any other nature) embedded or ported in the SOFTWARE, subject to their own licenses, which shall prevail exclusively with respect to such components.
· PRICE LIST: prices in force of the SOFTWARE, by TIER, ADD-ON and modality (SUITE or STANDALONE), disclosed in the product announcement and/or on the LICENSOR's official website, subject to alteration at any time, without prior notice, without retroactive effect over LICENSES already acquired.
· PRIVACY POLICY: a separate document, made available separately, which governs the processing of personal data by the LICENSOR, incorporated into this AGREEMENT by reference.
· CONFIDENTIAL INFORMATION: any and all information, knowledge or data, whether or not bearing the word "CONFIDENTIAL", of a tangible or intangible nature, that the USER comes to know by reason of the use of the SOFTWARE, or that is provided or disclosed to it by the LICENSOR, including, but not limited to: (i) computer programs, source code, bytecode, architecture, internal frameworks, implementation patterns, know-how and trade secrets; (ii) business models and strategies, commercial and marketing plans; (iii) product features, specifications and concepts; (iv) trademarks, layouts, flowcharts, methods and methodologies; (v) price and client lists; (vi) forensic markings (watermark) and logs; and (vii) other information of a technical, commercial, accounting or financial nature.
2. NATURE OF THE AGREEMENT AND ACCEPTANCE
2.1. This AGREEMENT constitutes a computer program use license agreement, further incorporating the terms and conditions of use of the SOFTWARE, governed, where applicable, by Law No. 9,609/98 (Brazilian Software Law), Law No. 9,610/98 (Brazilian Copyright Law), by the Brazilian Civil Code, and other applicable Brazilian rules.
2.2. USER profile. The USER declares and acknowledges that, upon accepting this AGREEMENT, it acquires and uses the SOFTWARE in the exercise of its professional activity, as a technical input in its production chain for the provision of stage lighting services, not qualifying as an end recipient in fact or in law. The SOFTWARE is not, in any respect, directed to amateur, recreational, leisure, didactic or study use, hypotheses for which it is expressly discouraged and not supported.
2.3. Acceptance. The LICENSE shall be deemed granted, and the use of the SOFTWARE shall be authorized, only as from the electronic acceptance of this AGREEMENT, by means of (i) checking the specific checkbox in the installation/activation flow; and/or (ii) entering the LICENSE CODE and completing the ACTIVATION procedure. Electronic acceptance produces full legal effects, pursuant to article 10, §§ 1 and 2, of Provisional Measure No. 2,200-2/2001.
2.4. Refusal. Should the USER not agree, in whole or in part, with any provision of this AGREEMENT, it shall refrain from installing, activating, accessing or using the SOFTWARE.
3. PURPOSE AND SCOPE OF THE LICENSE
3.1. By means of this AGREEMENT, the LICENSOR grants the USER a personal, onerous, non-exclusive, non-transferable and revocable license of use, exclusively over the SOFTWARE, in the modality actually contracted (SUITE or STANDALONE), in the TIER acquired and with the ADD-ONS eventually contracted, as indicated in the proof of acquisition, in ANNEX I and in the PRICE LIST in force at the time of purchase.
3.2. The provisions of this AGREEMENT apply in full to both the SUITE and the STANDALONE. The USER shall read its clauses in accordance with the modality actually contracted. Where a clause addresses functionality exclusive to one of the modalities, it shall be enforceable only in relation to that modality.
3.3. The granted LICENSE does not imply, under any circumstances, transfer of ownership, alienation, assignment of economic copyright, nor delivery of the source code of the SOFTWARE, the LICENSOR remaining the sole and legitimate owner of all rights over the SOFTWARE, its versions, UPGRADES, improvements and derivations, including those eventually conceived during the term of this AGREEMENT, in accordance with Law No. 9,609/98.
3.4. The LICENSE covers exclusively the SOFTWARE developed by the LICENSOR. Not covered by the LICENSE, nor confused with its purpose, are:
1. the BASE SOFTWARE (grandMA3), whose license, update and support are the full and exclusive responsibility of the USER, with MA Lighting Technology GmbH;
2.
3. THIRD-PARTY COMPONENTS possibly embedded, derived or ported into the SOFTWARE, which shall remain governed by their respective licenses (including open-source, copyleft or analogous licenses), prevailing, as to such components and only as to them, the conditions of the respective license over the provisions of this AGREEMENT. The limitations on reverse engineering, decompilation, modification and creation of derivative works set forth in this AGREEMENT do not extend to the THIRD-PARTY COMPONENTS to the extent that such extension is prohibited by the respective license, being restricted to the source code and other authorial expressions owned by the LICENSOR.
3.5. The PARTIES acknowledge that the SOFTWARE, although designed to operate within the runtime of the BASE SOFTWARE, is an autonomous authorial work, the fruit of the LICENSOR's own programming, and does not constitute a derivative work of the BASE SOFTWARE. Should, for any future reason (regulatory, contractual or interpretative change), specific authorization from the owner of the BASE SOFTWARE be required for any act relating to the SOFTWARE, such measure shall be diligently pursued under the applicable legal terms, without this affecting the validity of what has already been licensed nor giving rise to any indemnification obligation of the LICENSOR towards the USER.
3.6. The functional description of the plugins comprised by the SUITE, in each TIER, as well as of the plugins available in STANDALONE modality, of the ADD-ONS and respective feature packages, is set forth in ANNEX I — Description of the SOFTWARE and Licensing Modalities, which is an integral part of this AGREEMENT. The LICENSOR may, at its sole discretion, update, expand or reduce the list of plugins, features and ADD-ONS set forth in ANNEX I, subject to the provisions of this AGREEMENT. The prices, in any event, shall be those indicated by the LICENSOR at the time of acquisition.
3.7. Unless otherwise provided for a specific product, the LICENSE allows up to 2 (two) concurrent activations per LICENSE CODE, being one primary activation and one backup activation, each linked to a distinct HARDWARE KEY owned by the USER itself.
3.8. The LICENSE shall be linked to the serial number of the HARDWARE KEY indicated upon ACTIVATION, surviving the formatting of the device. Devices without an identifiable serial number shall be refused in the ACTIVATION flow. The safekeeping of the HARDWARE KEY is the exclusive responsibility of the USER, who shall adopt the necessary precautions to avoid loss, damage, theft, misplacement or access by unauthorized third parties.
3.9. ACTIVATION and revalidation depend on connection to the LICENSOR's online infrastructure. Revalidation may be required in hypotheses such as version update of the BASE SOFTWARE, expiration of the update period, suspicion of fraud or technical determination by the LICENSOR.
3.10. The LICENSE is granted for an indefinite term, accompanied by the right to receive UPGRADES for a period of 12 (twelve) months counted from the initial ACTIVATION. After such term, the USER shall retain the right to use the version then licensed, and may opt, upon additional payment, for the extension of the right to UPGRADES for a new period.
3.11. The LICENSOR reserves the right not to offer and/or to discontinue the separate contracting of the extension of the right to UPGRADES, and may require, at the LICENSOR's discretion, the acquisition of a new LICENSE.
4. UPDATES, MODIFICATIONS, AND DISCONTINUATION
4.1. The LICENSOR may, at its discretion, make UPGRADES of the SOFTWARE available, and the USER's continued use may entail the automatic download and installation of such content when necessary for the operation or security of the SOFTWARE.
4.2. The LICENSOR may update this AGREEMENT to reflect its operational practices, market conditions, evolution of the SOFTWARE, or legal requirements. The changes shall be communicated through the official channels (registered e-mail, customer area, and/or official website), so as to allow the USER to review them and to elect to continue, with use after the effective date being deemed acceptance of the new conditions.
4.3. Considering that the SOFTWARE operates within the runtime of the BASE SOFTWARE, whose term, maintenance, versioning, and discontinuation are not under the control of the LICENSOR, it is hereby agreed that the LICENSOR reserves the right, at any time and at its sole discretion, to:
a) discontinue, modify, suspend, or replace functionalities, plugins, or packages of the SOFTWARE, by reason of changes, updates, restrictions, or discontinuation of the BASE SOFTWARE;
b) cease offering versions of the SOFTWARE incompatible with new versions of the BASE SOFTWARE;
c) not develop adaptations for specific versions of the BASE SOFTWARE.
4.4. The USER acknowledges and accepts that the LICENSOR assumes no obligation of maintenance, updating, or perpetual compatibility of the SOFTWARE with future versions of the BASE SOFTWARE, equipment, operating systems, or other components of the USER's environment. The measures provided for in this Clause do not, in and of themselves, give rise to any right to refund, indemnification, losses and damages, lost profits, or any compensation to the USER.
5. CONDITIONS OF USE AND OBLIGATIONS OF THE USER
5.1. The USER undertakes to use the SOFTWARE in strict compliance with this AGREEMENT, the applicable legislation, and the technical documentation provided by the LICENSOR, being expressly prohibited from:
a) copying, selling, assigning, sublicensing, leasing, lending, distributing, or in any way transferring the SOFTWARE, the LICENSE, the LICENSE CODE, or the HARDWARE KEY to third parties;
b) using the SOFTWARE for a purpose other than that provided for in this AGREEMENT or in disagreement with the technical documentation;
c) performing reverse engineering, decompiling, disassembling, deobfuscating, translating, or in any way attempting to access the source code of the SOFTWARE, except as provided for in this AGREEMENT exclusively with respect to THIRD-PARTY COMPONENTS;
d) modifying, adapting, translating, creating derivative works or competing products based on the SOFTWARE;
e) circumventing, neutralizing, or attempting to circumvent any protection, obfuscation, forensic marking, TIER control, online activation, or remote revocation mechanisms;
f) removing, altering, concealing, or suppressing notices, marks, identifications, indication of authorship or of industrial property of the SOFTWARE;
g) publishing analyses, benchmarks, or technical comparisons, where such analyses and comparisons reveal trade secrets or non-public structural aspects of the SOFTWARE, without the prior and express written authorization of the LICENSOR, being, on the other hand, permitted, regardless of authorization from the LICENSOR, the publications, reviews, demonstrations, analyses, and comparisons of a general nature that do not reveal, expose, or allow the identification or inference of such protected elements.
4.
h) using the SOFTWARE in an environment other than the BASE SOFTWARE for which it was designed, or in a version of the BASE SOFTWARE that is not supported;
i) inserting, transmitting, or conveying, through the SOFTWARE, viruses, worms, malware, exploits, or any malicious code;
j) using the SOFTWARE for unlawful, fraudulent, or abusive purposes, or that violate the rights of third parties.
5.2. It is the exclusive burden of the USER to acquire, keep regular and updated the license of the BASE SOFTWARE directly with its respective owner, as well as to comply with the terms applicable thereto. The LICENSOR does not sublicense, does not resell, does not intermediate, and is not liable for the license of the BASE SOFTWARE.
5.3. Considering that, by its nature, the SOFTWARE writes, edits, and alters programming data of the USER's show, with the potential overwriting of pre-existing programming, the USER is exclusively responsible for:
a) maintaining regular and intact backups of its show files and other programming data, in its own environment;
b) previously validating the results generated by the SOFTWARE in a test environment before any application in a production environment;
c) maintaining qualified human supervision during live operation, the SOFTWARE not replacing human verification, the operational safety protocols of the event, the adequacy of the infrastructure, the checking of the equipment, nor any other technical or safety precaution required in the activity.
5.4. The USER declares and warrants that it possesses adequate technical qualification to operate the BASE SOFTWARE and the SOFTWARE, is aware of the risks inherent to the activity of stage lighting, and is exclusively responsible for the correct operation of the equipment and the technical chain of the event.
5.5. The USER undertakes to notify the LICENSOR, as promptly as possible, of any improper use of the SOFTWARE of which it becomes aware, any suspected violation of the LICENSE, as well as any loss, misplacement, or compromise of the HARDWARE KEY or of the LICENSE CODE.
6. SUSPENSION AND REVOCATION OF THE LICENSE
6.1. The LICENSOR may remotely suspend or revoke the LICENSE in the following events:
a) violation, by the USER, of any obligation set forth in this AGREEMENT;
b) default in the amounts owed for the LICENSE or for ADD-ONS;
c) verification of fraud, falsification, cloning, or shared use of the LICENSE with unauthorized third parties;
d) detection, by technical means, of unauthorized circulation of copies of the SOFTWARE attributable to the USER;
e) legal, regulatory, or judicial determination.
6.2. Except in the events of imminent risk, evident fraud, or legal requirement, the suspension or revocation shall be preceded by notification to the USER through the registered official channels, with a term of 10 (ten) business days for regularization or presentation of clarifications, under penalty of definitive revocation. In events of fraud, cloning, serious violation of intellectual property, or risk to the LICENSOR's infrastructure, the suspension may be immediate, with subsequent notification.
6.3. The revocation results in the immediate cessation of the right to use the SOFTWARE, without prejudice to the USER's liability for the acts performed during the term of the LICENSE, as well as losses and damages.
7. INTELLECTUAL PROPERTY
7.1. The LICENSOR is, and shall remain, the sole and exclusive owner of all intellectual property rights over the SOFTWARE, including, without limitation: copyrights over the computer program, the author's moral rights, trademarks, trade dress, distinctive signs, know-how, business secrets, layouts, technical documentation, support materials, and any UPGRADES, derivations, translations, and adaptations.
7.2. All rights not expressly granted to the USER in this AGREEMENT are reserved to the LICENSOR. No right over any trademark, domain name, layout, or any other asset owned by the LICENSOR is transferred to the USER by virtue of the LICENSE.
7.3. The USER is expressly prohibited from applying, before national or foreign authorities, for the registration of a trademark, domain name, software, industrial design, patent, or any other asset that reproduces or imitates assets owned by the LICENSOR.
7.4. The exclusivity of the LICENSOR's ownership is limited to the code and other authorial expressions developed by it, and does not extend to the THIRD-PARTY COMPONENTS embedded, ported, or referenced in the SOFTWARE, which remain governed by their respective licenses, without the LICENSOR's use thereof implying any assumption of ownership over them. No provision of this AGREEMENT may be construed so as to render proprietary that which, by virtue of the respective component's license, cannot be subject to proprietary appropriation.
7.5. The USER acknowledges the author's moral rights over the SOFTWARE, pursuant to Law No. 9,610/98 (Brazilian Copyright Law), undertaking to respect them and to refrain from any act that entails the disfigurement, mutilation, or modification of the work in a manner that affects the honor or reputation of its author.
7.6. The trademarks "grandMA3" and "MA Lighting", as well as any other distinctive signs that may be mentioned, belong to their respective owners, and are used in a strictly nominative manner to identify the technical environment in which the SOFTWARE is executed, without any claim of association, affiliation, sponsorship, or endorsement.
8. PRICES AND PAYMENT
8.1. The LICENSE is onerous, the amount owed by the USER being that indicated by the LICENSOR at the time of acquisition, according to the TIER, modality, and ADD-ONS effectively contracted.
8.2. The amounts indicated by the LICENSOR may be changed at any time, without prior notice, and shall not have retroactive effect on LICENSES already acquired and ACTIVATIONS already performed by the USER. Any renewals of the right to UPGRADES or acquisition of new ADD-ONS shall observe the amounts in effect at the time of the new contracting.
9. LIMITED WARRANTY, "AS IS" CONDITION, AND LIMITATION OF LIABILITY
9.1. The SOFTWARE is licensed in the condition in which it is found ("as is"), in the configuration and functionalities effectively made available, without warranties of fitness for a particular purpose, of uninterrupted operation, or of being free from errors, bugs, failures, delays, or imperfections.
9.2. Any warranties of the LICENSOR are expressly excluded where the event arises, directly or indirectly, from:
a) use of the SOFTWARE in disagreement with the technical documentation, for a purpose other than that provided for, or by a user without adequate professional qualification;
b) alteration, modification, adaptation, decompilation, or attempted decompilation of the SOFTWARE by third parties;
c) use in conjunction with the BASE SOFTWARE in a non-approved version, or after discontinuation or alteration of the BASE SOFTWARE by its respective owner;
d) instability, freezing, crash, bug, or unavailability of the BASE SOFTWARE, even when manifested during the operation of the SOFTWARE;
e) failures, unavailability, or limitations of the USER's infrastructure;
f) absence or inadequacy of backups;
g) fortuitous event, force majeure, and/or acts of third parties;
9.3. Without prejudice to the provisions of the applicable legislation and subject to the legally non-waivable hypotheses, the LICENSOR shall not be liable, before the USER or third parties, for:
a) indirect damages or lost profits, even if previously notified of the possibility of their occurrence;
b) loss of data, failures in other programs, work interruption, or damage to equipment of the USER or of third parties, caused or aggravated by instabilities of the BASE SOFTWARE, of the USER's environment, or by misuse;
c) artistic, operational, commercial, or safety decisions made by the USER based on outputs, suggestions, or automations generated by the SOFTWARE.
9.4. The liability of the LICENSOR arising directly or indirectly from this AGREEMENT shall be limited to the amount actually paid by the USER for the LICENSE of the SOFTWARE that gave rise to the damaging event.
9.5. The LICENSOR is assured the right of recourse against the USER in the event of third-party claims arising from misuse, breach of this AGREEMENT, or any act/omission attributable to the USER.
10. TERM AND TERMINATION
10.1. This AGREEMENT enters into force on the date of acceptance by the USER and shall remain in force for an indefinite term, for as long as the use of the SOFTWARE persists.
10.2. The LICENSE may be terminated:
a) at the USER's initiative, by uninstalling and ceasing use, without any right to refund, except in the applicable legal hypotheses and in the refund policy eventually published by the LICENSOR;
b) by remote suspension or revocation, pursuant to Clause 6;
c) by discontinuation of the SOFTWARE, pursuant to Clause 4;
d) by legal, regulatory, or judicial determination.
11. PROTECTION OF PERSONAL DATA
11.1. The use of the application may entail the PROCESSING of PERSONAL DATA. Such data shall be used by the LICENSOR for communication and for operational purposes related to the SOFTWARE, in accordance with the provisions of this AGREEMENT and of the PRIVACY POLICY.
12. GENERAL PROVISIONS
12.1. The eventual invalidity of any clause shall not affect the remaining ones.
12.2. The LICENSOR's tolerance of the breach of any obligation shall not constitute novation or waiver.
12.3. The LICENSOR may assign this AGREEMENT to successors, subsidiaries, controlling companies, or affiliates, upon mere notice.
12.4. This AGREEMENT is governed by the laws of the Federative Republic of Brazil.
12.5. The Judicial District of Curitiba, State of Paraná, is hereby elected as the venue to settle any disputes arising from this AGREEMENT, with waiver of any other, however privileged it may be.
ANNEX I — DESCRIPTION OF THE SOFTWARE, TIERS, MODALITIES AND ADD-ONS
Dynamic annex, updatable by the LICENSOR, forming part of the AGREEMENT.
A. Modalities of provision
Modality
Description
SUITE — "Dimmy Tools Show"
Integrated delivery (showfile + set of plugins) for live operation on the grandMA3, marketed in different TIERS (Basic, Advanced and Pro), pursuant to Table 2 of this Annex and the PRICE LIST in force.
STANDALONE
Individual plugin that operates in isolation in any of the USER's shows, without depending on the SUITE
B. TIERS of the SUITE
Tier
Feature set
Basic
Complete group structure and proprietary effects engine; 3 effect layers (Dimmer FX, FX1 and Movement); up to 10 saved effects per layer; selection types and sub-groups per Group; musical synchronization (Tap and Sweep).
Advanced
Everything in Basic, plus: the 6 effect layers (adding FX2, Attack/AtkFX and the synchronized Dimmer + Movement layer); up to 20 saved effects per layer; Bounce mode (effects and Sweep); fine control of the groups in Sweep; top knob as Group/Layer Master.
Pro
Everything in Advanced, plus: unlimited saved effects; Back and Forth (Dimmer + Movement); PhaseShift; Comet curve; Sweep in 4 directions; customizable categories of effects, scenes and solos; mapping of functions to the knobs (Knob Mapper); and other tools exclusive to the Pro TIER.
C. STANDALONE Plugins (illustrative and updatable list)
No STANDALONE plugin currently available; list to be updated by the LICENSOR.
D. ADD-ONS
Additional elements, marketed separately, with their own technical characteristics and term, applicable on top of any TIER or modality. No ADD-ON available at this time; list to be updated by the LICENSOR.