End User License Agreement
SparkTraffic Software License Agreement
The website SparkTraffic.com is owned and operated by UAB Senmira, reg. number 304825405. Šaltkalvių g. 64-23, LT-02175 Vilnius .
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING SparkTraffic SOFTWARE. BY USING SparkTraffic, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT PURCHASE THE SOFTWARE.
IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.
2. Permitted Uses and Restrictions. This License allows you to access SparkTraffic Software on a single computer at a time. SparkTraffic Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon SparkTraffic Software in whole or part or transmit SparkTraffic Software over a network or from one computer to another. You are prohibited from using software from this or any other SparkTraffic Site to create a graphic or product of any kind that is in any manner unlawful, threatening, libelous, defamatory, obscene, pornographic, or that would violate any law or the rights of others.
3. Limited Warranty on Media (if applicable). SparkTraffic warrants the media on which SparkTraffic Software is recorded to be free from defects in materials and workmanship under normal use for a period of seven (7) days from the date of original retail purchase. Your exclusive remedy under this paragraph shall be, at SparkTraffic’s option, a refund of the purchase price of the product containing SparkTraffic Software or replacement of SparkTraffic Software which is returned to SparkTraffic. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO SEVEN (7) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. SparkTraffic SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
4. In case you have any dissatisfaction with our services and would like to ask for a refund please forward this inquiry to our support team at [email protected]
5. Disclaimer of Warranty on SparkTraffic Software. You expressly acknowledge and agree that use of SparkTraffic Software is at your sole risk. SparkTraffic Software is provided “AS IS” and without warranty of any kind and SparkTraffic and SparkTraffic’s licensor(s) (for the purposes of provisions 4 and 5, SparkTraffic and SparkTraffic’s licensor(s) shall be collectively referred to as “SparkTraffic”) EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SparkTraffic DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SparkTraffic SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF SparkTraffic SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN SparkTraffic SOFTWARE WILL BE CORRECTED. FURTHERMORE, SparkTraffic DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF SparkTraffic SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SparkTraffic SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
6. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SparkTraffic BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SparkTraffic BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE SparkTraffic SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SparkTraffic HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall SparkTraffic’s total liability to you for all damages exceed the amount of fifty dollars ($50.00).
7. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from SparkTraffic if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of SparkTraffic Software and destroy all copies, full or partial, of SparkTraffic Software.
8. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the United Kingdom, as applied to agreements entered into and to be performed entirely within United Kingdom between United Kingdom residents. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
9. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of SparkTraffic Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by SparkTraffic. The parties hereto confirm that they have requested that this Agreement and all related documents be drafted in English.
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