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.
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
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.
The materials, including press releases, at this site may be out of date, and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
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.
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.
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
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.
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
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.
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
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.
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.
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.
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.
© 2010 Sparkling Logic, Inc. All Rights Reserved.