Sparkbooth's End User License Agreement (EULA)
Please read this End User License (“License”) carefully before using the Sparkbooth®Software. This End User License sets forth the terms and conditions controlling your right to use and the manner of use of the Sparkbooth Software.
Use Constitutes Acceptance
By Using The Software and documentation You Acknowledge That You Have Read, Understood And Accept All The Terms And Conditions Of This End User License. If You Do Not Accept All Terms And Conditions, Do Not Use The Software and documentation
“Approved Environment” means an operating environment for the Product (including among other considerations configurations, locations and applications) that has been approved by the Developer. “Commercial Version” means the version of the Software that Developer has released for purchasers of the License to that version to use in their independent business pursuits. “Developer” means John Wu Presents, LLC and its affiliates, agents, successors and assigns. “Documentation” means the documentation portion of the Software in electronic, printed or other form that accompanies or is otherwise available to provide information about installation, operation, and use of the Software. “Personal Version” means the version of the Software that Developer has released for purchasers of the License to that version to use for private personal enjoyment and not in any business pursuit. “Product” means the Sparkbooth Software and Documentation. “Software” means the Sparkbooth Software “You” means the end-user who lawfully receives delivery of this Product.
Legal Protection And Title - The Software is Licensed, Not Sold
The Software and Documentation and use of the Software and Documentation, are protected by United States and international laws and regulations including those related to copyright, patent, trade secret and other intellectual property rights and those related to international trade laws and regulations. The Software has been developed on the basis of software published by Adobe Systems Incorporated and other entities, and is thus also subject to the terms of those licenses.
The Software and Documentation contain unpublished information and embody valuable trade secrets proprietary to the Developer. The Software and Documentation portions of the Product are not sold to You, but licensed to You under the terms of this License, and title to the Software and Documentation remains in the Developer.
Grant of License
Upon acceptance of this License by You, the Developer grants You a nontransferable, nonexclusive, nonsublicensable license to use the Software and Documentation in the manner described in the Commercial Version or the Personal Version of the Software, as applicable, in the Approved Environment for the life of the Product.
This License and the right to use the Software and Documentation terminate automatically if You violate the Grant of License or any of the Conditions Of Use or violate any other part of this License. In the event of termination of the License, You shall promptly (i) destroy the software and terminate all use of the Software and Documentation, but your obligations to Developer hereunder shall not terminate. Developer reserves all rights in the Product not expressly granted to You in this License.
Conditions Of Use
You shall use the Product only in the country of purchase.
You shall not remove, alter, cover or obfuscate any copyright notices, any other proprietary rights notices and any other notices or markings placed or embedded in the Software or Documentation.
You shall hold all unpublished information and trade secrets about the Software and Documentation of which You become aware in confidence.
You shall not sell, sublicense, distribute or otherwise transfer the Software or Documentation, to anyone.
You shall not, and shall not authorize or engage anyone to, copy, modify, translate, alter, adapt, reverse engineer, disassemble, create derivative works of, decompile or attempt to derive source code for the Software for any purpose.
You understand that Developer has included certain technical disabling features and functionality in the Software that help to limit the use of the Software to the terms and conditions stated in this License.
Updates, Upgrades And Support
The Developer has no obligation to provide updates and/or upgrades to the Software and Documentation but the Developer may, from time to time in the Developer’s sole discretion, make updates and/or upgrades to the Software and Documentation available via the Internet or via other sources. Any updates and/or upgrades provided by the Developer may result in functional or other changes to the Software and Documentation. You assume all risk resulting from installing, or from failing to install, updates and/or upgrades made available by the Developer.
The Developer has no obligation under this License to provide any assistance, maintenance or other support for the Software or Documentation.
Disclaimer of Warranties
THE PRODUCT IS DELIVERED TO YOU “AS IS.” THE DEVELOPER DISCLAIMS ALL WARRANTIES FOR THE SOFTWARE AND DOCUMENTATION, AND SPECIFICALLY, THE DEVELOPER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, OF NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY USE OF THE SOFTWARE WITH OTHER SOFTWARE OR WITH ANY DEVICE, OTHER THAN THOSE DESCRIBED IN THE SOFTWARE AND DOCUMENTATION, IS NOT AN APPROVED ENVIRONMENT AND IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF PARTICULAR WARRANTIES AND TO THE EXTENT THAT LAWS IN SUCH JURISDICTION ARE CONTROLLING, ONE OR MORE OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
Exclusion And Limitation Of Liability
IN NO EVENT WILL THE DEVELOPER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, BUSINESS INTERRUPTION, LOSS OF INFORMATION INCLUDING LOSS OF DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION OR THE PERFORMANCE, INTERRUPTION OR FAILURE OF THE SOFTWARE OR DOCUMENTATION, IRRESPECTIVE OF THE CAUSE OF ACTION, EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PARTICULAR LIABILITIES AND TO THE EXTENT THAT SUCH LAWS ARE CONTROLLING, ONE OR MORE OF THE FOREGOING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, THE DEVELOPER’S CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE, INCLUDING, WITHOUT LIMITATION, FROM OR IN CONNECTION WITH THE USE OR IMPROPER FUNCTIONING OF THE SOFTWARE OR DOCUMENTATION (EACH, A “CLAIM”), WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION.
The Sparkbooth name and logo are trademarks belonging to the Developer.
With respect to the particular terms and conditions covered in this License, this License constitutes the entire agreement and understanding between you and the Developer and supersedes any prior or contemporaneous agreement or understanding concerning those particular terms and conditions. The Developer is not bound by any provision of any purchase order, receipt, acceptance, confirmation, correspondence, or other instrument or action relating to those particular terms and conditions, unless the Developer specifically agrees in a subsequent written instrument that indicates that such instrument is to have preference with regard to those particular terms and conditions.
Subject to the foregoing, this License shall be binding on and inure to the benefit of the parties’ respective successors and permitted assigns.
This License may not be assigned or transferred, in whole or in part, by You without the prior written consent of the Developer. Notwithstanding the foregoing, the Developer may without prior written consent assign its rights under this License to (i) its affiliates and (ii) any successor by way of merger, acquisition, consolidation, reorganization, sale or other transfer in which case references to the Developer herein shall be deemed to refer to the Developer’s assignee.
You agree to hold Developer harmless from any and all liabilities, losses, actions, damages or claims (including all reasonable expenses, costs, and attorneys fees) arising out of or relating to any use of the Software in connection with third party software or devices, or your use of the Software for the benefit of third parties.
You are responsible for the payment of any taxes, including personal property taxes, arising from this License, delivery of the Software and Documentation to you, or use of the Software and Documentation by you.
This License Law and all matters arising in connection with this License shall be governed by and construed in accordance with the laws of the United States and the State of California, without reference to conflict of laws principles. If any portion of this License is found to be void or unenforceable by a court or tribunal of competent jurisdiction, the remaining provisions of this License shall remain in full force and effect.
The Software and Documentation and any technical data related thereto and any direct product thereof may not be exported or re-exported contrary to the laws and regulations of the United States and any other country and You will not export or re-export the Software and Documentation from the country where the Software and Documentation was originally delivered to You.
U.S. Government Restricted Rights
The Software and Documentation and any technical data related thereto, is a “Commercial Item” as defined in 48 C.F.R. § 2.101. If the End User is the U.S. Government or any agency or department thereof, the Software and Documentation is only delivered as a Commercial Item subject to the license grant and other terms and conditions as set forth in this License. Acquisition of the Software and Documentation by the U.S. Government or any agency or department thereof shall only be under FAR or DFAR provisions for ACQUISITION OF COMMERCIAL ITEMS and shall not alter the terms and conditions of this License. Developer is John Wu Presents, LLC.