OptiSkin License Agreement


READ THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING SPARKLOGIC DEVELOPMENT SUPPLIED SOFTWARE. THIS DOCUMENT CONSTITUTES A LICENSE TO USE THE SOFTWARE ON THE TERMS AND CONDITIONS OUTLINED BELOW.

OptiSkin ("the Software") is licensed, not sold, to you by SparkLogic Development for use only under the terms of this license. SparkLogic Development reserves any rights not expressly granted to you. You own the media on which the Software is stored, but SparkLogic Development retains ownership of the Software itself.

By installing and using the Software on your server(s), you agree to the following terms and conditions. In this Agreement, "you" includes both the reader and any organization that employs you or which you represent, and "SparkLogic" means SparkLogic Development.

1. License

(a) This license grants you the right to install and run the Software on any number of servers within your organization. Note that the Software is licensed only to you. You may not rent, lease, sublicense, sell, assign, pledge, transfer or otherwise dispose of the Software in any form, on a temporary or permanent basis, without the prior written consent of SparkLogic.

(b) This license agreement is for the original purchaser and is non-transferable.

(c) You may modify the source code to the Software provided that it is for your own use. You may not rent, lease, sublicense, sell, assign, pledge, transfer or otherwise dispose of modifications to the Software without prior written consent of SparkLogic.

2. Limited Warranty

SparkLogic warrants for a period of thirty (30) days from the date of product delivery that the Software as provided by SparkLogic will conform to SparkLogic's published specifications for the Software. SparkLogic's entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at SparkLogic's option, refund of the purchase price of the Software.

THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY SPARKLOGIC AND SPARKLOGIC EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

3. Termination

This license will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Software in electronic or other form, including any copies on backup tapes or other media.

4. Export Law Assurances

You agree that neither the Software nor any direct product thereof is being or will be shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder or will be used for any purpose prohibited by the Act.

5. Limitation of Remedies and Damages

In no event will SparkLogic or any of its directors, officers, employees or affiliates be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use of or inability to use the Software, regardless of the basis of the claim. SparkLogic's sole liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited to the license fee paid for the Software. THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

6. General

This License represents the complete agreement between the licensee and SparkLogic and supersedes all prior agreements and representations. If any provision of this License is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by and construed under the laws of the State of Oklahoma.