End-User License Agreement for the software product(s), hereby referred to as “PRODUCT”, a plugin(s) for Data Spark, Inc.
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING THE PROGRAM
For the purposes of this agreement Data Spark, Inc., (“Data Spark”) a corporation registered in the United States, shall be considered as the supplier of the plugin “PRODUCT”.
This End-User License Agreement (“EULA”) is a legal agreement between you, the Authorized User (either an individual or a single corporate entity), and Data Spark for the software product identified above, which may include associated software components, media, printed materials, and online or electronic documentation.
By installing, copying, or otherwise using PRODUCT you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you (“the licensee”) and Data Spark (“the licensor”), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use PRODUCT.
PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The plugin is licensed, not sold.
1. GRANT OF LICENSE
PRODUCT is licensed as follows:
(a) Installation and Use
Data Spark grants you the right to install and use a copy of the plugin on up to two computers, as long as only one installation is used at any given time. The plugins must be installed on a computer running a validly licensed copy of of the plug in. If you wish to use the plugin on more than one computer, at the same time, you must purchase an appropriate number of additional licenses.
(b) Backup Copies.
You may also make copies of the plugin as may be necessary for backup and archival purposes.
(c) Individual Token Limits(Locked) licences
You will not try to circumvent, exceed, or misuse the tokens you have been given as part of your license of PRODUCT.
(e) Upgrades to new versions
You will promptly upgrade your software upon notification of a software update.
Data Spark reserves the right to refuse service and access in cases of suspected software piracy.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of PRODUCT.
You may not distribute registered copies of PRODUCT to third parties. Every PRODUCT is uniquely encoded to the license and purchaser, we reserve the right to close any license in the case of piracy or public distribution violating these terms and conditions.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble this plugin, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Any alteration of the binary will result in termination of the license.
You may not rent, lease, or lend the software.
(e) Support Services.
Data Spark may provide you with support services related to the plugin (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the software and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the software.
Without prejudice to any other rights, Data Spark may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the plugin in your possession.
All title, including but not limited to copyrights, in and to PRODUCT and any copies thereof are owned by Data Spark. All title and intellectual property rights in and to the content which may be accessed through use of PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Data Spark.
5. NO WARRANTIES
Data Spark expressly disclaims any warranty for the plugin “PRODUCT”. The plugin is provided “As Is” without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. Data Spark does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within PRODUCT. Data Spark makes no warranties in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Data Spark further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall Data Spark be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of “Authorized Users” use of or inability to use PRODUCT, even if Data Spark has been advised of the possibility of such damages. In no event will Data Spark be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Data Spark shall have no liability with respect to the content of PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. Installation of the software indicates your acceptance of these conditions.