SparkleFlow is the acclaimed packaging solution that combines all aspects of a software packaging project into a single interface. Preparing an application migration? Need to reduce your TCO? Need to manage lots of applications? Want to setup your applications right now and not waste to much of your value time? SparkleFlow Package Management offers the complete solution for creating structure in your packaging project.
1. General
1.1 In these conditions the intellectual property right proprietor of SparkleFlow for Free software/application which forms the subject-matter of this Agreement is Best Desktop Solutions B.V., based in Best, the Netherlands, hereafter referred to as BDS;
1.2 This License Agreement governs any releases, revisions, updates or enhancements to the SparkleFlow for Free software that BDS may make available to you.
1.3 Once a Licensee has entered into a license agreement with BDS in accordance with these conditions, the Licensee has agreed to the applicability of these conditions.
1.4 Any (purchasing) conditions of the Licensee do not apply to the legal relationship between BDS and the Licensee.
2. Right of use
2.1 BDS grants the Licensee a non-exclusive, non-transferable license to the use of SparkleFlow for Free and the related documentation, which license is accepted by the Licensee.
2.2 In addition to the version of SparkleFlow for Free at the time of the making of this License Agreement, the Licensee is entitled to the updates and upgrades of SparkleFlow for Free which become available during the term of this Agreement, for which the Licensee may have to pay BDS a fee determined by BDS.
2.3 The Licensee must install SparkleFlow for Free in accordance with the provisions of the Documentation.
3. Duration
3.1 The License Agreement provided to the Licensee shall continue for an indefinite term.
3.2 Without prejudice to any other rights, BDS may terminate the License Agreement if the Licensee fails to comply with the terms and conditions of this Agreement.
3.3 If this License Agreement ends for any reason, the Licensee undertakes to cease the use of SparkleFlow for Free and to immediately return SparkleFlow for Free including all copies thereof to BDS. Where relevant, SparkleFlow for Free must be removed from all equipment.
4. Use
4.1 For the term of the License Agreement the Licensee is permitted to load SparkleFlow for Free, display, execute it or store it, on one copy of a computer configuration which satisfies the minimum specifications described in the Documentation.
4.2 The Licensee is only permitted to use SparkleFlow for Free and the Documentation within his organisation on his own behalf.
4.3 The Licensee is entitled to keep/make one back-up copy of SparkleFlow for Free, for temporary use or for security.
4.4 The right of use granted in Clause 2.1 has, among others, the following restrictions:
a. The Licensee is not permitted to allow third parties to use SparkleFlow for Free and the Documentation, nor may it use SparkleFlow for Free and the Documentation on behalf of third parties.
b. The Licensee is permitted to use SparkleFlow for Free in a network environment. The maximum number of users is limited to 5 users
c. The Licensee is not permitted to alter or adjust SparkleFlow for Free and the Documentation. d. The Licensee is not permitted to reproduce or publish the Documentation, except for his own use within its organisation.
e. The Licensee is not permitted to reconstruct the source code of SparkleFlow for Free by means of reverse engineering.
f. The Licensee is not permitted to remove any indication regarding copyright, marks, trade names or other rights of (intellectual) property from SparkleFlow for Free and the Documentation.
g. Separation is not permitted. The Software can contain various applications, help programs and parts, can support more platforms and languages and can be provided to the Licensee on several data carriers or in several copies. However, the Software is designed and provided to the Licensee as a single product which must be used as a product on Computers in accordance with this clause. The Licensee is not obliged to use all parts of the Software, but may not separate the composite parts of the Software for use on different Computers. The Licensee may not decompile parts of the Software or repackage them for distribution, transfer or resale.
4.5 BDS is entitled to inspect whether the Licensee uses SparkleFlow for Free in a way which corresponds with the conditions of this Licensee Agreement at any time. The Licensee undertakes to cooperate with such inspection and to allow BDS access to the Location toward this end.
4.6 BDS bears both its own costs and the costs of the Licensee which are involved with such an inspection. If BDS' inspection shows that the Licensee is not using SparkleFlow for Free in accordance with the conditions of this Licensee Agreement, all costs of the relevant inspection are at the Licensee's expense.
5. Guarantee
5.1 BDS does not guarantee that SparkleFlow for Free is free of Defects, or that it will otherwise function without problem. BDS does guarantee that the software will in the main function for a period of thirty (30) days as of the time of receipt of the Software in accordance with the Documentation if it is used on the recommended operating system and the recommended hardware configuration. Non-essential variations in performance in comparison to what is described in the Documentation are not deemed a reason to make a claim under the guarantee. This limited guarantee does not apply to patches, pre-release (beta), try-out, starter, evaluation, trial and other copies of the Software not intended for resale.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BDS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES OR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Support and Updates
6.1 Licensee acknowledges that the Software is inherently complex, that not all errors will be identifiable or be corrected and that the time it might take to correct errors may not be commercially reasonable. BDS provides support on a "best efforts" basis only and does not represent or warrant that it will be able to resolve every technical support request.
7. Liability
7.1 BDS is in no case liable to the Licensee, or any third party, for any loss, compensation, claims or costs, including consequential loss, indirect loss or additional loss or lost profit or lost savings, interruption in operations, personal injury or shortcoming with regard to the performance of any duty of care or for the claims of third parties, even if a representative of BDS was informed of the possibility of such loss.
8. Confidentiality
8.1 The Licensee will do everything than can reasonably be expected of him to prevent that a (part of) SparkleFlow for Free or information relating to SparkleFlow for Free comes to the attention or in the hands of third parties. The above does not apply if the Licensee demonstrates that certain information is already publicly known, other than by breach of this confidentiality obligation.
8.2 BDS is at all times entitled to make mention of the fact that the Licensee is one of its clients in advertisements, publicity or otherwise within the framework of its marketing activities.
9. Intellectual property rights and Transfer
9.1 The intellectual property rights relating to SparkleFlow for Free and the Documentation lie with BDS. SparkleFlow for Free remains the property of BDS.
9.2 The Licensee is not permitted to transfer the rights under this License Agreement or furnish a copy or copies of SparkleFlow for Free to a third party. Nor is the Licensee permitted to allow a third party to use SparkleFlow for Free on behalf of the Licensee.
10. Other provisions
10.1 If any part of this Agreement is invalid, non-binding and/or non-enforceable, this will have no effect on the validity of the rest of this Agreement, which remains valid and enforceable under the applicable provisions. The parties will negotiate in proper consultation on a new provision to replace the invalid or unenforceable provision, which aligns with the purpose of the invalid or unenforceable provision. This Agreement does not affect the statutory rights of parties acting as consumers. This Agreement can only be altered by a written document which has been signed by an authorised representative of the parties. This is the entire agreement between the parties with regard to the Software and this Agreement takes the place of all preceding statements, discussions, commitments, announcements or advertising relating to the Software.
10.2 Notices which the parties give each other on the basis of the License Agreement will be given in writing.
11. Dispute resolution
11.1 All disputes which might arise between the parties regarding or relating to this License Agreement, or to further agreements which are the result hereof, will be adjudicated by the District Court of 's-Hertogenbosch, the Netherlands.
11.2 This Agreement is governed by and will be interpreted in accordance with the relevant law of the Netherlands. This Agreement is not subject to conflict of law rules of any nation or jurisdiction whatsoever or the United Nations Convention on the International Sale of Goods, the applicability of which is explicitly excluded.