Spark Inspector End-User License Agreement

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“THE LICENSE”) BEFORE USING THE SPARK INSPECTOR AND ANY ACCOMPANYING FILES (“THE SOFTWARE”). THE SOFTWARE IS A PROPRIETARY PRODUCT OF FOUNDRY376 (“THE AUTHOR”) AND IS PROTECTED BY COPYRIGHT LAW. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MUST PROMPTLY DISPOSE OF ANY COPIES OF THE SOFTWARE IN YOUR POSSESSION.

License

The Software is licensed, not sold, to you by the Author. All copies and distributions of the Software which this License authorizes you to make are also governed by the terms of this License. All rights pertaining to the Software that are not expressly granted to you in this License are retained by the Author.

In the thirty (30) days following the date on which you first installed the Software on one or more of the computers owned by you, and prior to the date on which you purchase the Software (“The Evaluation Period”), the Author grants you a non-exclusive right to use the Software on any computers owned by you.

Following the expiration of the Evaluation Period, you may continue to use the Software provided that you purchase one of the following options:

a) A single user license for each computer on which you have installed the Software (“Single User License”).

b) A license for each computer in your organization within a 160 kilometer (100 mile) radius of your site (“Site License”).

c) A license for each computer in your organization, regardless of geographic location (“Worldwide License”).

The purchase of a Single User License gives you the right to continue to use the Software following the expiration of the Evaluation Period on a single computer owned by you. If you would like to use the Software on more than one computer, you must purchase multiple Single User Licenses or purchase a Site License or Worldwide License as appropriate.

The purchase of a Site License gives you the right to continue to use the Software following the expiration of the Evaluation Period on any computer owned by you or your organization within a 160 kilometer (100 mile) radius of one geographic location. Members, employees, or agents of your organization who use the Software are also governed by the terms of this License and you agree to inform them of the restrictions and rights contained herein.

The purchase of a Worldwide License grants you the right to continue to use the Software following the expiration of the Evaluation Period on any computer owned by you or your organization regardless of geographic location. Members, employees, or agents of your organization who use the Software are also governed by the terms of this License and you agree to inform them of the restrictions and rights contained herein.

Upon purchase of a Single User License, Site License, Worldwide License, or at the discretion of the Author, you will be provided with a registration code (“The Registration Code”). After you enter the Registration Code into the Software, as described in the documentation accompanying the Software, the altered version of the Software (“The Registered Software”), will no longer display occasional messages or disable functionality for which a license is required. Prior to your entry of this Registration Code, the Software is considered unregistered (“The Unregistered Software”).

Ownership

Ownership of the legal rights, titles, and interest in the Software remains solely with the Author. These rights may include copyrights, trademarks, trade secrets, and other rights as applicable. You may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute, duplicate, create derivative works based on the Software, or transmit the Software over a network except as expressly permitted under the terms of this License. This restriction extends to any and all libraries, frameworks, and resources contained within or distributed with the Software.

Duplication and Distribution of the Unregistered Software

Prior to the expiration of the Evaluation Period, and in accordance with the other terms of this License, the Author grants you the non-exclusive right to duplicate and install the Unregistered Software on any computer.

Unless expressly prohibited by the Author, such as may be the case with non-public pre-release versions of the Software, the Unregistered Software may be distributed through the internet, electronic bulletin boards, and other computer networks, or from person to person.

Whenever the Unregistered Software is distributed, all files accompanying the Unregistered Software (the documentation, the application, the Installer, and any other accompanying files) must be distributed along with the Unregistered Software. The accompanying files and the Unregistered Software must be distributed intact and in their original form, without modification and without exception. If the Unregistered Software and all accompanying files are contained in a single Installer program, only that Installer may be distributed.

Distributors of the Unregistered Software may not sell, charge for, or otherwise demand payment for the Unregistered Software for their own profit, or otherwise misrepresent or misconstrue the terms of the License under which the Software may be purchased by the end user.

The Unregistered Software may not be distributed on computer-readable material such as floppy disk or CD-ROM without the consent of the Author.

With the consent of the Author, CD-ROM distributors may charge end users for those costs associated with the distribution of the material upon which the Unregistered Software is recorded, such as the costs associated with materials, postage, packaging, or labor. CD-ROM distributors may not attempt to make a direct profit from such charges. With the consent of the Author, CD-ROM distributors may provide end users with copies of the Unregistered Software free-of-charge for the purpose of promoting or marketing another product by which the distributors hope to make a profit (such as a magazine), as long as the other terms of this License with respect to the distribution of the Unregistered Software are met.

Duplication and Distribution of the Registered Software

The Author grants the purchaser of a Single User License the right to make two (2) copies of the Registered Software for their own personal archival purposes, for as many computers as they have purchased Single User Licenses.

The purchaser of a Single User License may duplicate the Registered Software and install it on a computer different from the computer for which the Single User License was purchased, provided that the Registered Software on the original computer is then promptly deleted.

The purchaser of a Site License or Worldwide License may duplicate and install the Registered Software on any machine governed by the terms of the Site License or Worldwide License as detailed in section one (1) of this License.

You may not distribute the Registered Software in any other way, including but not limited to any computer-readable material, floppy disk, CD-ROM, computer network, electronic bulletin-board service, or the Internet.

The Registration Code may not be distributed in any way, including but not limited to any computer-readable material, floppy disk, CD-ROM, computer network, electronic bulletin board service, the Internet, oral, written, or signed communication, telephone, telegraph, or fax machine. You may store the Registration Code for your own personal use for the purpose of reinstalling the Software as necessary on the computer or computers governed by the terms of this License.

Warranty and limitations of liability

THE SOFTWARE IS PROVIDED “AS IS”. USE THE SOFTWARE AT YOUR OWN RISK. THE AUTHOR MAKES NO WARRANTIES AS TO PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. NO ORAL OR WRITTEN COMMUNICATION FROM OR INFORMATION PROVIDED BY THE AUTHOR OR FOUNDRY376 SHALL CREATE A WARRANTY. UNDER NO CIRCUMSTANCES SHALL THE AUTHOR OR FOUNDRY376 BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE, MISUSE, OR INABILITY TO USE THE SOFTWARE, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY IN ALL JURISDICTIONS. YOU MAY HAVE ADDITIONAL RIGHTS AND SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

In no event shall the Author’s total liability to you for actual damages, from any cause whatsoever and regardless of the form of the action, whether in contract, product liability, tort (including negligence), or otherwise, exceed US $50.

The Spark Inspector is a developer tool. It and it's included libraries are not intended for inclusion in production applications that you may distribute. You agree that your use of the software within applications you develop is at your own risk, and that Foundry376 is not liable for bugs, security issues, and other side-effects, of Spark Inspector frameworks and libraries left in applications delivered to Apple's App Store or otherwise distributed.

Export

You agree to comply with the laws and regulations of the United States of America and other countries regarding the export of computer software as those laws and regulations pertain to the Software governed by this License.

Governing law

This License shall be governed by the laws of the State of Tennessee and the United States of America.

Severability

If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.

Amendments

This License constitutes the entire agreement between the parties with respect to the use of the Software and supersedes any prior agreements or understandings. No amendment to this License will be binding unless agreed to and signed by the Author in writing.