Terms and Conditions

Acceptance of Terms

When you access this site, you acknowledge you have read and agree to abide by the terms described below. If you do not agree to the terms discussed here, you should exit the site now.

Site Terms of Use

This site is presented and operated by Sparkling Logic Inc. from its offices within the United States of America. Sparkling Logic Inc. makes no representation that information or materials available on this site, or on other sites linked to this site, are appropriate or available for use in other locations, or accessible from locations where their contents may be illegal or prohibited. If you choose to access this site from other locations, you do so of your own initiative and are solely responsible for compliance with applicable local laws.

Sparkling Logic Inc. may at any time revise the contents of this page. Therefore, you should periodically visit this page to determine the then-current terms governing the use of the site and of the information and materials presented on the site.

Restrictions on use

The content of this site contains copyrighted works of Sparkling Logic Inc. or others. Except for software covered by a separate license agreement (see below), or for materials bearing the copyright notice of a party other than Sparkling Logic Inc., you are permitted to download, display, distribute, and copy materials, solely for personal, noncommercial purposes. You may not modify the materials, and you must retain in any copies the copyright notice and other proprietary notices contained in the materials. You may not copy, modify, republish, or distribute other materials without the express written permission of Sparkling Logic Inc. or other copyright owner. In some cases, you may receive permission under separate license agreement; in other cases you may need to obtain permission directly from the copyright owner.

Updates

The materials, including press releases, at this site may be out of date, and Sparkling Logic Inc. makes no commitment to update materials on this site.
Restriction on posting materials

You may not upload, or permit others to upload, material to the site if that material (i) infringes or violates the rights of others; (ii) is, or may be perceived by Sparkling Logic Inc. or other likely recipients, as defamatory, deceptive, misleading, abusive, profane, offensive, or inappropriate; (iii) contains any virus or other content that may damage the site, the network, or any other participants' equipment or software; (iv) unless expressly permitted by Sparkling Logic Inc., contains any advertising or is otherwise intended for commercial purposes; or (v) violates any laws, rules, or regulations of any governmental or other administrative organization. No copyrighted material may be placed on the site by anyone without the permission of the copyright owner or persons authorized by the copyright owner to grant permission. You are responsible for obtaining the necessary permission before permitting any copyrighted material that belongs to others to be placed on the site.

Grant of license to Sparkling Logic Inc.

If you upload any material to the site or authorize others to upload any material to the site, you hereby grant Sparkling Logic Inc. and its designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material, regardless of the medium, technology, or form in which it is used. Subject to this grant of rights, you retain all other rights you have in such material.

Links

While this web site may contain links to third party sites, Sparkling Logic Inc. is not responsible for the content of any linked sites. Sparkling Logic Inc. provides these links as convenience and does not endorse the companies or contents of any linked sites.

Product Availability

The availability of the products described on this site and the product descriptions may vary from country to country. Consult your Sparkling Logic Inc. account executive for specific product information.

Your Submission

You are prohibited from posting or transmitting any unlawful, threatening, obscene, libelous, or otherwise offensive material.

Any material, information, or idea submitted or posted on this web site will be considered non-confidential and non-proprietary. Sparkling Logic Inc. may share or otherwise use your submission for any purpose whatsoever. If any of the information constitutes personal data, you agree that Sparkling Logic Inc. may transmit such personal data across international boundaries for any Sparkling Logic Inc. business purpose. Personal data will be treated as set forth in our Privacy Statement.

Discussion groups

Sparkling Logic Inc. does not control the messages, information, or files delivered to discussion groups. You understand and agree that Sparkling Logic Inc. has no obligation to monitor the site. You acknowledge that it is Sparkling Logic Inc.'s policy to cooperate with law enforcement agencies investigating illegal or improper activities relating to the site and that Sparkling Logic Inc. reserves the right at all times to edit, refuse to post, or to remove any information or materials, in whole or in part, that in Sparkling Logic Inc.'s sole discretion, are objectionable or in violation of the Terms of Service.

Because of the open and public nature of this site, you should not have any expectations of privacy or confidentiality regarding any information or materials that you transmit to this site.

Software licenses

Any software that Sparkling Logic Inc. makes available for downloading via the site may be subject to the terms and conditions of a specific license agreement governing its use, reproduction, and distribution. Before being permitted to download such software, you may be required to access a copy of such license and to acknowledge your familiarity with and acceptance of the terms of such license. To the extent that the terms of a particular license conflict with the terms on this page, such license terms shall prevail with respect to such software.

U.S. Government restricted rights For U.S. Government contracting purposes, the materials on this site are provided with "restricted rights." Use, duplication, and disclosure by the Government are restricted as set forth in FAR 52.227-14 and DFARS 252.227-7013, and other comparable Government regulations; or for commercial computer software as set forth in Sparkling Logic Inc., Inc.'s standard commercial license for such software as prescribed in DOD FAR 227.7202-4 or, as applicable, FAR 52.227-19. The Government's use of the materials constitutes acknowledgment of Sparkling Logic Inc.'s proprietary rights in them.

Export control

You may not download or otherwise export or re-export any information, materials, or software except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, you may not download or otherwise export or re-export any information, materials, or software into any country or to any person embargoed by the U.S. Government. By downloading the information, materials or software, you agree to the foregoing and you represent and warrant that you are not located in, under control of, or a national or resident of any such country on any such list.

Disclaimer of warranty

While Sparkling Logic Inc. attempts to provide accurate information or materials on this site, or on any sites linked to this site, all such information is provided "as is." Sparkling Logic Inc. may change the information on the site, or the products mentioned at any time without notice. Sparkling Logic Inc. does not warrant or make any representations regarding the validity, accuracy, completeness, or reliability of such information or materials, or of the results of using same. To the fullest extent possible under applicable law, Sparkling Logic Inc. disclaims all warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

Limitation of liability

In no event shall Sparkling Logic Inc. or its parent or suppliers be liable for any damages whatsoever, including but not limited to direct, indirect, special, incidental, or consequential damages, or damages for business interruption or loss of business profits or data, resulting from access to this site or any sites linked to this site, or from use of information or materials presented on such sites, even if Sparkling Logic Inc. was advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless Sparkling Logic Inc. against all damages, claims, liability, costs, and expenses, including but not limited to reasonable attorneys fees, arising out of violation of any of the provisions of this agreement by you or anyone accessing the site under your account.

Trademarks

Microsoft, Windows, Windows NT, and BackOffice are registered trademarks or trademarks of Microsoft Corporation in the U.S. and/or other countries. All other product names and company names referenced may be either trademarks or registered trademarks of their respective companies.
Third-party beneficiaries
The provisions of this agreement are for the benefit of Sparkling Logic Inc. and its parent, licensors, employees, and agents; and each may assert and enforce those provisions directly on its own behalf.

Governing Law/Venue/Jurisdiction

This agreement will be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of laws provisions. Any proceeding relating to the Service, Web site or this agreement must be brought in a state or federal court in the State of Delaware, and you expressly consent to jurisdiction in such courts. Any cause of action brought by you must be instituted within one year after the claim or cause of action has arisen.


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