End User License Agreement (EULA)

SparkTrust Inspector

SparkTrust Inspector EULA

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE.

By installing and using SparkTrust Inspector (the “Software”), you have agreed to abide by the following terms and conditions.

1) LICENSE

Subject to the terms and conditions of this Agreement, SparkTrust grants to you a limited, non-exclusive, non-transferable license to use or evaluate the Software in accordance with this Agreement and any other written agreement with SparkTrust. You have purchased a license to use the Software. You do not have the right to sublicense. SparkTrust does not transfer title of the Software to you. This Agreement is a legally binding agreement between SparkTrust and the user(s) of this Software. If you do not agree to the terms and conditions of this Agreement, you are required to immediately stop installing or using this Software. You must remove the Software and any associated documentation from your computer.

2) DISTRIBUTION

Unless otherwise authorized herein, this Software, any accompanying documentation, and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. To learn about redistribution of this Software, please contact SparkTrust at: http://www.sparktrust.com.

3) USER AGREEMENT

3.1) Evaluation Version use
You may evaluate this Software without purchasing a license (the “Evaluation Version”) for a maximum number of days indicated and permitted by SparkTrust, or you might have limited access to some of the features and functionality of the Software. In order to use all the features and functionality of the Software you must purchase a license from SparkTrust. For more information about purchasing a license to use the Software, please contact SparkTrust at: http://www.sparktrust.com.

3.2) Activation of Software
Once you have purchased a license from SparkTrust in order to continue to use the Software or enable all the features of the software, you may be required to activate the Software through the Internet. The Software contains technological measures designed to prevent unlicensed use of the Software. SparkTrust will use those measures to confirm you have a valid licensed copy of the Software. SparkTrust will not collect any personally identifiable information from your computer location or workstation during this process.

3.3) Distribution
The Evaluation Version of the Software may be freely distributed, provided that:
Such distribution includes only the original Software supplied by SparkTrust. You may not alter, delete or add any files in the distribution Software or modify the Software in any way. The limited evaluation nature of this Evaluation Version Software is not misrepresented. No money is charged to the person receiving this Evaluation Version Software, beyond reasonable cost of packaging and other overhead, if applicable. You provide prior email or written notice to SparkTrust that you are distributing this Evaluation Version and receive written confirmation of SparkTrust’s authorization for such distribution. If the Software is being distributed with other hardware, media or software, SparkTrust’s prior written authorization is required. You may be required to report to SparkTrust the number of units of this Evaluation Version Software distributed from time to time.

3.4) Use
Your license to use this Software is limited to the number of licenses purchased by you and for a limited number of days. Upon the expiration of your license, you will need to renew and purchase another license in order to continue to use all the features and functionality of the Software. For more information about purchasing additional licenses of this Software or renewing your existing license, please contact SparkTrust at: http://www.sparktrust.com.

You shall not allow others to use, copy or evaluate copies of this licensed Software. Others may obtain an Evaluation Version of the Software or purchase a license to use the Software from: http://www.sparktrust.com.

3.5) Use Restrictions
You shall use this Software in compliance with all applicable laws and not for any unlawful purpose. Each licensed copy of this Software may be used on one single computer location or workstation, unless otherwise authorized herein. “Use” of the Software means that you have loaded, installed, or run the Software on a computer or similar device. If you install the Software onto a multi-user platform, server or network, each and every individual user of the Software must be licensed separately or included by a multi-site license in order to access all the features and functionality of the Software. You may make one copy of this Software for backup purposes, providing you only have one copy installed on one computer location or workstation (or number of users covered in a multi-site license). Others may not use or install your licensed copy of this Software. The assignment, sublicense, networking, sale, or distributions of copies of this licensed Software are strictly forbidden without the prior written consent of SparkTrust. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of this licensed Software. If any person other than yourself uses Software registered in your name on another computer location or workstation, regardless of whether it is at the same time or different times, then this Agreement is being violated. You are responsible for that violation.

3.6) Copyright Restriction
This Software contains material that is copyrighted, trade secrets and other proprietary material. You are not allowed to, and shall not attempt to, modify, reverse engineer, disassemble or decompile this Software. Nor are you permitted to create any derivative works or other works that are based upon or derived from the Software in whole or in part.

SparkTrust’s name, logo and graphics file that represent this Software shall not be used in any way to promote products developed with our Software. SparkTrust retains sole and exclusive ownership of all right, title and interest in and to the Software and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of this Software. No program, code, part, image, or text may be copied or used in any way by the user except as intended within the bounds of this Agreement. All rights not expressly granted hereunder are reserved for SparkTrust.

3.7) Limitation of Responsibility
You will indemnify, hold harmless, and defend SparkTrust, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of SparkTrust. In no event (including, without limitation, in the event of negligence) will SparkTrust, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, this Software or the use or inability to use this Software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. SparkTrust’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by SparkTrust, less any applicable taxes and shipping fees) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to SparkTrust. This reimbursement, as described above, will only occur if the Software was purchased directly from SparkTrust. If you purchased the Software through a reseller, distributor, retailer, or any other third party, you need to request a refund directly from such parties. SparkTrust DOES NOT MAKE ANY GUARANTEES THAT THIS SOFTWARE WILL IDENTIFY ANY SPECIFIC HARDWARE OR SOFTWARE INSTALLED ON YOUR COMPUTER NOR DOES SparkTrust MAKE ANY GUARANTEES THAT THIS SOFTWARE WILL LOCATE ANY APPLICATIONS FOR YOUR SPECIFIC HARDWARE FOR USE ON CERTAIN OPERATING SYSTEMS. SparkTrust ALSO DOES NOT MAKE ANY GUARANTEES THAT ANY OR ALL SOFTWARE APPLICATIONS LOCATED FOR YOUR SPECIFIC HARDWARE AND OPERATING SYSTEM WILL FUNCTION ERROR FREE, ACHIEVE CERTAIN RESULTS, OR OPERATE WITHOUT INTERRUPTION. SparkTrust DOES NOT GAURANTEE THE INTEGRITY OF THIRD PARTY SOFTWARE APPLICATIONS OR THAT THIRD PARTY SOFTWARE APPLICATIONS OBTAINED DIRECTLY FROM THIRD PARTY SERVERS OR THROUGH SparkTrust SERVERS WILL BE FREE OF VIRUSES OR MALICIOUS CODE. ALL SOFTWARE APPLICATIONS LOCATED AND AVAILABLE THROUGH THIS SOFTWARE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. If we are unable to provide the software application that SparkTrust Inspector presented during the free scan, you are entitled to request a refund as per standard refund policy.

3.8) Warranties
The Software is being provided to you on an “AS IS” basis. Except as expressly stated in writing by an authorized employee of SparkTrust, SparkTrust makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.9) Governing Law
This Agreement shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein except any principles regarding conflicts of law rules and the United Nations Convention on Contracts for the International Sale of Goods. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Victoria, British Columbia, and any competent Courts of Appeal therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.10) Termination
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of the Software and destroy all copies of the Software supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4) CONSENT TO USE OF DATA

You agree that by installing and using the Software, SparkTrust may use the information that is collected and transmitted through the Software, in any manner, as part of the product support services provided to you, if any, related to the Software and any hardware installed on your computer. Such information collected may include without limitation IP address, and information derived from the operating system configuration and hardware configuration of the computer. The Software will not collect any personally identifiable information from your computer location or workstation during this process. The Software contains components that enable and facilitate the use of certain Internet-based services. You further acknowledge and agree that by installing and using the Software, SparkTrust may automatically check the version and licensing state of the Software that you are utilizing in order to determine if Software updates, upgrades, or fixes are available, and/or to verify your license to use the Software. If updates, upgrades or fixes are available for the Software, it is recommended that you download and install such to the Software that are provided by SparkTrust in order to achieve the maximum benefits of the Software, however, you are not obligated to do so.

For more information on SparkTrust’s Privacy Policy, please visit http://www.sparktrust.com.

5) INTELLECTUAL PROPERTY RIGHTS

All third party software products and company names used in the Software are copyright and the property of the respective owners. Furthermore, when using a third party’s software products as identified and recommended through this Software, you will be bound to that company’s own legal agreements. All software product names and company names used in the Software are for identification purposes only and may be trademarks or registered trademarks of their respective owners. SparkTrust is in no way affiliated with or representing any of the companies identified and displayed in this Software.

SparkTrust Inspector is a registered trademark of SparkTrust.

SparkTrust AntiVirus

SparkTrust AntiVirus

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE.

By installing and using SparkTrust AntiVirus (the “Software”), you have agreed to abide by the following terms and conditions set out below (“the agreement”). You cannot install the Software without having read and accepted all terms of the agreement. By selecting the “I agree” button and clicking the “Next” button at the bottom of this screen will be deemed to be your acceptance of the following terms and you will become the licensee of the Software. Please print a copy for your records.

1) LICENSE.

Subject to the terms and conditions of this Agreement, SparkTrust Systems provides you a limited, non-exclusive, non-transferable license, without the right to sublicense, to use or evaluate the Software in accordance with this Agreement and any other written agreement with SparkTrust Systems. Your license allows you to use the Software. SparkTrust Systems does not transfer title of the Software to you. You are granted a non-exclusive license to use the Software on a single computer/system. The Software cannot be shared between multiple computer stations/systems. This Agreement is a legally binding agreement between SparkTrust Systems and the licensed user(s) of this Software. If you do not agree to the terms and conditions of this Agreement, you are required to immediately cease installing or using this Software and you must remove the Software and any associated documentation from your computer.

2) DISTRIBUTION

Unless otherwise authorized herein, this Software, any accompanying documentation, and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part. You may copy the Software, in whole or in part, only for backup and archival purposes. No more than two (2) copies may be in existence at any one time. Each copy shall include in readable format any and all proprietary and copyright notices contained on the original.

3) USER AGREEMENT

3.1 Evaluation Version use
You may evaluate this Software without purchasing a license (the “Evaluation Version”) for a maximum number of days indicated and permitted by SparkTrust Systems, or you may have limited access to some of the features and functionality of the Software. In order to use or continue to use all the features and functionality of the Software you must purchase a license from SparkTrust Systems directly or indirectly from an authorized software reseller or distributor. For more information about purchasing a license or multiple licenses to use the Software, please contact SparkTrust Systems.

3.2 Activation of Software
Once you have purchased a license from SparkTrust Systems in order to continue to use the Software or enable all the features of the Software, you may be required to activate the Software through the Internet. There are technological measures within the Software to prevent unlicensed use of the Software. SparkTrust Systems will use those measures to confirm you have a valid licensed copy of the Software. SparkTrust Systems will not collect any personally identifiable information from your computer location or workstation during this process.

3.3 Distribution
The Evaluation Version of the Software may be freely distributed, provided that:

  1. Such distribution includes only the original Software supplied by SparkTrust Systems.  You may not alter, delete or add any files in the distribution Software or modify the Software in any way.
  2. The limited evaluation nature of this Evaluation Version Software is not misrepresented.
  3. No money is charged to the person receiving this Evaluation Version Software, beyond reasonable cost of packaging and other overhead, if applicable.
  4. You provide prior email or written notice to SparkTrust Systems that you are distributing this Evaluation Version and receive written confirmation of SparkTrust Systems’ authorization for such distribution. If the Software is being distributed with other hardware, media or software, SparkTrust Systems’ prior written authorization is required.  You may be required to report to us the number of units of this Evaluation Version Software distributed from time to time.

3.4 Use
Your license to use this Software is limited to the number of licenses purchased by you and, if applicable, for a limited number of days. Upon the expiration of your license, you are required to renew and purchase another license in order to continue to use all the features and functionality of the Software.

You shall not allow others to use, copy or evaluate copies of this licensed Software.

3.5 Use Restrictions
You shall use this Software in compliance with all applicable laws and not for any unlawful purpose. Each licensed copy of this Software may be used on one single computer location or workstation, unless otherwise authorized herein. “Use” of the Software means that you have loaded, installed, or run the Software on a computer or similar device. If you install the Software onto a multi-user platform, server or network, each and every individual user of the Software must be licensed separately or included by a multi-site license in order to access all the features and functionality of the Software. You may make one copy of this Software for backup purposes, providing you only have one copy installed on one computer location or workstation (or number of users covered in a multi-site license). Others may not use or install your licensed copy of this Software. The assignment, sublicense, networking, sale, or distributions of copies of this licensed Software are strictly forbidden without the prior written consent of SparkTrust Systems. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of this licensed Software. You shall not knowingly permit anyone to use any portion of the Software, (a) for purpose of deriving its source code, and (b) for purposes other than as authorized in this Agreement. If any person other than yourself or the licensed user uses Software registered in your name or business on another computer location or workstation, regardless of whether it is at the same time or different times, then this Agreement is being violated and you are responsible for that violation!

3.6 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile this Software.  Nor can you create any derivative works or other works that are based upon or derived from the Software in whole or in part.
SparkTrust Systems ‘s name, logo and graphics file that represents this Software shall not be used in any way to promote products developed with our Software. SparkTrust Systems retains sole and exclusive ownership of all right, title and interest in and to the Software and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of this Software. No program, code, part, image, or text may be copied or used in any way by the user except as intended within the bounds of this Agreement. All rights not expressly granted hereunder are reserved for SparkTrust Systems.
The Software is protected by copyright and other proprietary rights of company and/or third party software vendors. If the Software includes software licensed to company by a third-party vendor, you may be held directly responsible by such vendor for acts relating to the Software that are not authorized by this Agreement.

3.7 Limitation of Responsibility
You agree to indemnify, hold harmless, and defend SparkTrust Systems, its employees, agents, distributors, and affiliate companies from and against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of this Software. In no event (including, without limitation, in the event of negligence) will SparkTrust Systems, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, this Software or the use or inability to use this Software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. SparkTrust Systems’ entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by SparkTrust Systems, less any applicable taxes and shipping fees) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to SparkTrust Systems. Such reimbursement will only occur if the Software was purchased directly from SparkTrust Systems.  If you purchased the Software through a reseller, distributor, retailer, or any other third party, you need to request a refund directly from such parties.
SparkTrust Systems software is not intended for use in the operation of aircraft navigation, air traffic control systems, communication systems, nuclear facilities, life support machines or other equipment where the failure of SparkTrust Systems software could lead to personal injury, death or severe physical or environmental damage.

You agree to use all reasonable efforts to ensure that persons employed by you, or under your direction and control, abide by the terms and conditions of this Agreement. In the event you become aware that the Software is being used by them in a manner not authorized by this Agreement, you shall immediately notify company in writing of such facts and you shall immediately use all reasonable efforts to have such unauthorized use of such software immediately cease, and to recover any copies of the Software that were made in violation of this Agreement.

3.8 Warranties
The Software is being provided to you on an “AS IS” basis. Except when expressly stated in writing by an authorized employee of SparkTrust Systems, SparkTrust Systems makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
SparkTrust Systems makes no warranty about the ability of the Software to eliminate any specific malware programs or files. There is also no warranty as to the completeness of the Software’s database or protection modules.

3.9 Governing Law
This Agreement shall be governed exclusively by the laws of the Province of British Columbia, Canada excepting any principles regarding conflicts of law rules and the United Nations Convention on Contracts for the International Sale of Goods. You hereby irrevocably attorn and submit to the exclusive jurisdiction of the courts of Victoria, British Columbia, and any competent Courts of Appeal therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions. The failure of SparkTrust Systems to enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of SparkTrust Systems to enforce each and every such provision thereafter.

3.10 Termination
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of the Software and destroy all copies of the Software and any accompanying documentation supplied under this Agreement.  The financial obligations incurred by you shall survive the expiration or termination of this license.

4) CONSENT TO USE OF DATA

You agree that by installing and using the Software, SparkTrust Systems may use the information that is collected and transmitted through the Software, in any manner, as part of the product support services provided to you, if any, related to the Software and any hardware installed on your computer. Such information collected may include without limitation IP address, and information derived from the operating system configuration and hardware configuration of the computer. The Software will not collect any personally identifiable information from your computer location or workstation during this process.
For more information on SparkTrust Systems’ Privacy Policy, please visit www.sparktrust.com/Privacy

5. SOFTWARE VERIFICATION AND UPDATES

By installing and using the Software, You further acknowledge and agree that SparkTrust Systems may automatically check the version and licensing state of the Software that you have installed in order to determine if any Software updates, upgrades, or fixes are available, and/or to verify your license to use the Software. This process is performed through the Software which contains components that facilitate the use of certain Internet based services. If updates, upgrades or fixes are available for the Software, the Software may automatically download and install the applicable Software updates or upgrades without further notice to you in order for you to achieve the maximum benefits while using the Software.  If there are any modifications to the terms and conditions of this Agreement at the time of the update, you will be notified during the update process and will be required to review and accept the terms and conditions of the modified Agreement prior to the installation of any Software updates or upgrades.

6. ADVERTISING AND LINKS

The Software installation and/or any applicable Software update or upgrade processes may include promotional offers and advertisements from SparkTrust Systems, or promotional offers and advertisements from third parties. Advertising by SparkTrust Systems through the Software installation process and/or any applicable Software update or upgrade processes are subject to change at any time and without notice to you in manner, mode and extent. You agree that SparkTrust Systems shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisements and third party advertisers.SparkTrust Systems or third parties may provide links from the advertisements to other Internet sites or resources. SparkTrust Systems may not have any control over such sites and resources, you acknowledge and agree that SparkTrust Systems is not responsible for the availability of such external sites or resources or the content or policies (including without limitation site terms of use or privacy policies) that govern the use of those Internet sites and resources. SparkTrust Systems does not endorse, is not responsible and is not liable for any third party content, advertising, products, or other materials displayed or made available from such sites or resources. You further acknowledge and agree that SparkTrust Systems  shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, materials, goods or services made available on or through any such Internet site or resource, nor will SparkTrust Systems accept any responsibility for any viruses, worms, Trojan horses or other forms of destructive malware that may infect your computer systems as a result of your use of any third party Internet sites and/or resources.

7. INTELLECTUAL PROPERTY RIGHTS

Any and all third party software products and company names used in the Software are copyright and the property of the respective owners. Furthermore, if any third party’s software products are identified and recommended through this Software, you will be bound to that company’s own legal agreements. All software product names and company names used in the Software are for identification purposes only and may be trademarks or registered trademarks of their respective owners. SparkTrust Systems is in no way representing any of the companies identified and displayed in this Software.

To review SparkTrust Systems’ privacy policy, please visit www.sparktrust.com

SparkTrust PC Cleaner Plus

SparkTrust PC Cleaner PLUS

PLEASE READ THIS SOFTWARE END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE.

By installing and using SparkTrust PC Cleaner PLUS (the “Software”) and any applicable documentation, media, manuals and other technical information including an online help system related to the Software (the “Related Materials”), you hereby agree to the following terms and conditions.

1) LICENSE

Subject to the terms and conditions of this Agreement, SparkTrust Systems (“SparkTrust”) grants to you a limited, non-exclusive, non-transferable license, without the right to sublicense, to use or evaluate the Software and any Related Materials in accordance with this Agreement and any other written agreement with SparkTrust. You are being granted a right and license to use the Software and the Related Materials. SparkTrust does not transfer title of the Software or any of the Related Materials to you. This Agreement is a legally binding agreement between SparkTrust and you. If you do not agree to the terms and conditions of this Agreement, you are required to immediately cease installing or using the Software and any Related Materials, and remove the Software and any Related Materials from your computer.

2) DISTRIBUTION

Unless otherwise authorized herein or by a written agreement between you and SparkTrust, the Software, any Related Materials, and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. To learn about redistribution of the Software, please contact SparkTrust at: www.sparktrust.com.

3) USER AGREEMENT

3.1 Evaluation Version Use
You may evaluate this Software without purchasing a license (the “Evaluation Version”) for a maximum number of days indicated and permitted by SparkTrust, or you may have limited access to some of the features and functionality of the Software. A valid license must be purchased in order to use or continue to use all the features and functionality of the Software. For more information about purchasing a license or multiple licenses to use the Software, please contact SparkTrust at: www.sparktrust.com.

3.2 Activation of Software
Once you have purchased a license in order to continue to use the Software or enable all the features of the Software, you may be required to activate the Software through the Internet. There are technological measures within the Software that are designed to prevent unlicensed use of the Software. SparkTrust will use those measures to confirm you have a valid license for the Software. SparkTrust will not collect any personally identifiable information from your computer location or workstation during this process.

3.3 Distribution
The Evaluation Version of the Software may be freely distributed, provided that:

  1. Such distribution includes only the original Software supplied by SparkTrust. You may not alter, delete or add any files in the distribution Software or modify the Software in any way.
  2. The limited evaluation nature of this Evaluation Version Software is not misrepresented.
  3. No money is charged to the person receiving this Evaluation Version Software, beyond reasonable cost of packaging and other overhead, if applicable.
  4. 4. You provide prior email or written notice to SparkTrust that you are distributing this Evaluation Version and receive written confirmation of SparkTrust’s authorization for such distribution. If the Software is being distributed with other hardware, media or software, SparkTrust’s prior written authorization is required. You may be required to report to us the number of units of this Evaluation Version Software distributed from time to time.

3.4 Use
Your license to use this Software is limited to the number of licenses purchased by you and, if applicable, for a limited number of days. Upon the expiration of your license, you will be required to renew and purchase another license in order to continue to use all the features and functionality of the Software. For more information about purchasing additional licenses of this Software or renewing your existing license, please contact SparkTrust at: www.sparktrust.com.
You shall not allow others to use, copy or evaluate copies of this licensed Software. Others may obtain an Evaluation Version of the Software or purchase a license to use the Software from: www.sparktrust.com. If you purchased your license to use the Software directly from SparkTrust, you can view Sparktrust’s limited refund policy at http://support.sparktrust.com . If you purchased your license to use the Software from a third party, you will need to request a refund directly from such party and will be subject to the third party’s refund policy.

3.5 Use Restrictions
You shall use this Software in compliance with all applicable laws and not for any unlawful purpose. Each licensed copy of this Software may be used on one single computer location or workstation, unless otherwise authorized herein. “Use” of the Software means that you have loaded, installed, or run the Software on a computer or similar device. If you install the Software onto a multi-user platform, server or network, each and every individual user of the Software must be licensed separately or included by a multi-site license in order to access all the features and functionality of the Software. You may make one copy of this Software for backup purposes, providing you only have one copy installed on one computer location or workstation (or number of users covered in a multi site license). Others may not use or install your licensed copy of this Software. The assignment, sublicense, networking, sale, or distributions of copies of this licensed Software are strictly forbidden without the prior written consent of SparkTrust. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of this licensed Software. If any person other than yourself uses Software registered in your name or business on another computer location or workstation, regardless of whether it is at the same time or different times, then this Agreement is being violated. You are responsible for that violation.

3.6 Copyright Restriction
You acknowledge and agree that any and all intellectual property rights to or arising from the Software and Related Materials, including any new releases, modifications, updates or enhancements, are and shall remain the exclusive property of SparkTrust and/or its licensors. Nothing in this Agreement intends to transfer any such intellectual property rights to, or to vest any such intellectual property rights in, you. You are only entitled to the limited use of the intellectual property rights granted to you under this Agreement. You will not take any action to jeopardize, limit or interfere with the intellectual property rights of SparkTrust. You acknowledge and agree that any unauthorized use of any SparkTrust intellectual property rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws. You acknowledge and understand that all title and intellectual property rights in and to any third party content that is not contained in the Software or any Related Materials, but may be accessed through use of the Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. The Software and Related Materials contain copyrighted material, trade secrets and other proprietary material. You shall not remove or obscure any copyright, trademark, trade-secret, or other proprietary notices or legends from the Software or Related Materials. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile the Software or any Related Materials, nor are you permitted to create any derivative works or other works that are based upon or derived from the Software or any Related Materials in whole or in part.

SparkTrust’s name, logo and graphics file that represents the Software and any Related Materials shall not be used in any way to promote products developed with our Software. SparkTrust retains sole and exclusive ownership of all right, title and interest in and to the Software, the Related Materials, and all intellectual property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of this Software and the Related Materials. No program, code, part, image, or text may be copied or used in any way by the user except as intended within the bounds of this Agreement. All rights not expressly granted hereunder are reserved for SparkTrust.

3.7 Limitation of Responsibility
You agree to indemnify, hold harmless, and defend SparkTrust, its employees, agents, distributors, and affiliated companies from and against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of the Software and the Related Materials. IN NO EVENT WILL SPARKTRUST, ITS EMPLOYEES, AGENTS, DISTRIBUTORS, AND AFFILIATED COMPANIES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR PECUNIARY LOSS), IN CONNECTION WITH OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SOFTWARE OR THE RELATED MATERIALS, OR THE USE OR INABILITY TO USE THE SOFTWARE OR THE RELATED MATERIALS, OR THE FURNISHING, PERFORMANCE OR USE OF ANY OTHER MATTERS HEREUNDER WHETHER BASED UPON CONTRACT, TORT OR ANY OTHER THEORY INCLUDING NEGLIGENCE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SparkTrust’s entire liability, without exception, is limited to the reimbursement of the purchase price of the Software (maximum being the lesser of the amount actually paid by you and the suggested retail price as listed by SparkTrust, less any applicable taxes and shipping fees). The Software is not intended for use in the operation of communication systems, aircraft navigation, air traffic control systems, nuclear facilities, life support machines or other equipment where the failure of the Software could lead to personal injury, death or severe physical or environmental damage.

3.8 Warranties
The Software and the Related Materials are being provided to you on an “AS IS” and “AS AVAILABLE” basis. SparkTrust does not make any guarantees that the Software will identify any specific hardware or software installed on your computer nor does SparkTrust make any guarantees that the Software will locate any applications for your specific hardware for use on certain operating systems. SparkTrust also does not make any guarantees that any or all software applications located for your specific hardware and operating system will function error free, achieve certain results, or operate without interruption. SparkTrust does not guarantee the integrity of third party software applications or that third party software applications obtained directly from third party servers or through SparkTrust servers will be free of viruses or malicious code. All software applications located and available through the Software are the property of their respective owners. EXCEPT AS STATED HEREIN OR AS EXPRESSLY STATED IN WRITING BY AN AUTHORIZED EMPLOYEE OF SPARKTRUST, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPARKTRUST MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPARKTRUST DOES NOT REPRESENT OR WARRANT THAT (I) THE SOFTWARE OR THE RELATED MATERIALS WILL MEET YOUR REQUIREMENTS; (II) THE SOFTWARE OR THE RELATED MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE OR THE RELATED MATERIALS WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER RELATERD MATERIALS PROVIDED OR OFFERED THROUGH OR WITH THE SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE OR THE RELATED MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPARKTRUST, THROUGH THE SOFTWARE OR THE RELATED MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

3.9 Governing Law
This Agreement, and all claims related to it or the performance by both parties under it, shall be governed exclusively by the laws of the Province of British Columbia, Canada excepting any principles regarding conflicts of law rules and the United Nations Convention on Contracts for the International Sale of Goods. You hereby irrevocably attorn and submit to the exclusive jurisdiction of the courts of Victoria, British Columbia, and any competent Courts of Appeal therefrom with respect to any and all legal action and proceedings and expressly and irrevocably waive any defense of personal and/or subject matter jurisdiction in those courts or any claim on the grounds of forum non conveniens. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any other provisions.

3.10 Termination
This Agreement will be effective from the date that you install the Software and shall remain effective until terminated by either SparkTrust or you. Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this Agreement and the licenses granted herein. Upon termination of this license granted herein for any reason, you agree to immediately cease use of the Software and any Related Materials and destroy all copies of the Software and any Related Materials. The financial obligations incurred by you or any indemnification obligations shall survive the expiration or termination of your license and this Agreement.

4) CONSENT TO USE OF DATA

You agree that by installing and using the Software and any Related Materials, SparkTrust may collect and use any information that is transmitted through the Software, in any manner, as part of the product support services provided to you, if any, related to the Software and all hardware installed on your computer. Such information collected may include without limitation IP address, and information derived from the operating system configuration and hardware configuration of the computer. SparkTrust will not collect any personally identifiable information from your computer location or workstation during this process. For more information on SparkTrust’s Privacy Policy, please visit www.sparktrust.com.

5) SOFTWARE VERIFICATION AND UPDATES

By installing and using the Software, you further acknowledge and agree that SparkTrust may automatically check the version and licensing state of the Software that you have installed in order to determine if any Software updates, upgrades, or fixes are available, and/or to verify your license to use the Software. This process is performed through the Software which contains components that facilitate the use of certain Internet based services. If updates, upgrades or fixes are available for the Software, the Software may automatically download and install the applicable Software updates or upgrades without further notice to you in order for you to achieve the maximum benefits while using the Software. If there are any modifications to the terms and conditions of this Agreement at the time of the update, you will be notified during the update process and will be required to review and accept the terms and conditions of the modified Agreement prior to the installation of any Software updates or upgrades.

6) THIRD PARTY CONTENT AND SOFTWARE

The Software includes third party antivirus and anti-malware components, technologies, and services (“Third Party Software Technologies”) which have been licensed by SparkTrust When installing the Software, you hereby acknowledge and agree that the Third Party Software Technologies may be installed in a different folder and directory within your computer system that is separate and outside of the Software folder and directory. If updates, upgrades or fixes are available for the Third Party Software Technologies, such updates, upgrades or fixes may be automatically download and installed without further notice to you. You further acknowledge and agree that your prior express consent is not required to apply any updates, upgrades, or fixes to any Third Party Software Technologies.

7) ADVERTISING AND LINKS

The Software installation and/or any applicable Software update or upgrade processes may include SparkTrust promotional offers and advertisements, or promotional offers and advertisements from third parties. The manner, mode and extent of advertising by SparkTrust through the Software installation process and/or any applicable Software update or upgrade processes are subject to change at any time and without notice to you. You agree that SparkTrust shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisements and third party advertisers. SparkTrust may provide, or third parties may provide, links from the advertisements to other Internet sites or resources. Because SparkTrust may not have any control over such sites and resources, you acknowledge and agree that SparkTrust is not responsible for the availability of such external sites or resources or the content or policies (including without limitation site terms of use or privacy policies) that govern the use of those Internet sites and resources. SparkTrust does not endorse and is not responsible or liable for any third party content, advertising, products, or other materials displayed or made available from such sites or resources. You further acknowledge and agree that SparkTrust shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, materials, goods or services made available on or through any such Internet site or resource, nor will SparkTrust accept any responsibility for any viruses, worms, Trojan horses or other forms of destructive malware that may infect your computer systems as a result of your use of any third party Internet sites and/or resources.

8) INTELLECTUAL PROPERTY RIGHTS

All third party software products and company names used in the Software are copyright and the property of the respective owners. Furthermore, when using a third party’s software products as identified and recommended through this Software, you will be bound to that company’s own legal agreements. All software product names and company names used in the Software are for identification purposes only and may be trademarks or registered trademarks of their respective owners. SparkTrust is in no way affiliated with or representing any of the companies identified and displayed in this Software. You acknowledge that BitDefender has a substantial interest in the Software and therefore is a third party beneficiary to this Agreement. You agree that your use of the Software may be audited by Digital Care or BitDefender (or/and an independent auditor working on such party’s behalf) during normal business hours and upon reasonable advance written notice for the purpose of verifying your compliance with this Agreement. Such audit right shall not occur more than once every twelve (12) month period.

SparkTrust is a registered trademark of ParetoLogic Inc . used under license by SparkTrust Systems.

SparkTrust Privacy Cleaner

SparkTrust Privacy Cleaner

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE.

SparkTrust is a registered trademark of ParetoLogic Inc . used under license by SparkTrust Systems.

1) LICENSE

Subject to the terms and conditions of this Agreement, SparkTrust Systems grants you a limited, non-exclusive, non-transferable license to use or evaluate the Software in accordance with this Agreement and any other written agreement with SparkTrust Systems. You do not have the right to sublicense. You have only purchased a license to use the Software. SparkTrust Systems does not transfer title of the Software to you. This Agreement is a legally binding agreement between SparkTrust Systems and the user(s) of this Software. If you do not agree to or follow the terms and conditions of this Agreement, you are required to immediately cease installing or using this Software and remove the Software and any documentation from your computer.

2) DISTRIBUTION

Unless otherwise authorized herein, this Software, any accompanying documentation, and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only.  For information about redistribution of this Software, please contact SparkTrust Systems at: www.sparktrust.com

3. USER AGREEMENT

3.1 Evaluation Version use
You may evaluate this Software without purchasing a license (the “Evaluation Version”) for a maximum number of days indicated and permitted by SparkTrust System, or you may have limited access to some of the features and functionality of the Software. In order to use or continue to use all the features and functionality of the Software you must purchase a license from SparkTrust Systems. For more information about purchasing a license to use the Software, please contact SparkTrust Systems at www.sparktrust.com

3.2 Activation of Software – Once you have purchased a license from SparkTrust Systems in order to continue to use the Software, you may be required to activate the Software through the Internet. SparkTrust Systems uses technological measures within the Software that are designed to prevent unlicensed use of the Software. SparkTrust Systems will use those measures to confirm you have a valid licensed copy of the Software. SparkTrust Systems will not be collecting any personally identifiable information from your computer location or workstation during this process.

3.3 Distribution
The Evaluation Version of the Software may be freely distributed, provided that:

  1. Such distribution includes only the original Software supplied by SparkTrust Systems.  You may not alter, delete or add any files in the distribution Software or modify the Software in any way.
  2. The limited evaluation nature of this Evaluation Version Software is not misrepresented.
  3. No money is charged to the person receiving this Evaluation Version Software, beyond reasonable cost of packaging and other overhead, if applicable.
  4. You provide prior email or written notice to SparkTrust Systems that you are distributing this Evaluation Version and receive written confirmation of SparkTrust Systems’ authorization for such distribution. If the Software is being distributed with other hardware, media or software, SparkTrust Systems’ prior written authorization is required.  You may be required to report to us the number of units of this Evaluation Version Software distributed from time to time.

3.4 Use
Your license to use this Software is limited to the number of licenses purchased by you and for a limited number of days. Upon the expiration of your license, you will be required to renew and purchase another license in order to continue to use all the features and functionality of the Software. For more information about purchasing additional licenses of this Software or renewing your existing license, please contact SparkTrust Systems at: www.sparktrust.com
You shall not allow others to use, copy or evaluate copies of this licensed Software. Others may obtain an Evaluation Version of the Software from www.sparktrust.com or purchase a license to use the Software from: www.sparktrust.com

3.5 Use Restrictions
You shall use this Software in compliance with all applicable laws and not for any unlawful purpose. Each licensed copy of this Software may be used on one single computer location or workstation, unless otherwise authorized herein. “Use” of the Software means that you have loaded, installed, or run the Software on a computer or similar device. If you install the Software onto a multi-user platform, server or network, each and every individual user of the Software must be licensed separately or included by a multi-site license in order to access all the features and functionality of the Software. You may make one copy of this Software for backup purposes, providing you only have one copy installed on one computer location or workstation (or number of users covered in a multi-site license). Others may not use or install your licensed copy of this Software. The assignment, sublicense, networking, sale, or distributions of copies of this licensed Software are strictly forbidden without the prior written consent of SparkTrust Systems. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of this licensed Software. If any person other than yourself uses Software registered in your name on another computer location or workstation, regardless of whether it is at the same time or different times, then this Agreement is being violated and you are responsible for this violation.

3.6 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile this Software. Nor can you create any derivative works or other works that are based upon or derived from the Software in whole or in part.

SparkTrust Systems’ name, logo and graphics file that represents this Software shall not be used in any way to promote products developed with our Software. SparkTrust Systems retains sole and exclusive ownership of all right, title and interest in and to the Software and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of this Software. No program, code, part, image, or text may be copied or used in any way by the user except as intended within the bounds of this Agreement. All rights not expressly granted hereunder are reserved for SparkTrust Systems.

3.7 Limitation of Responsibility
You will indemnify, hold harmless, and defend SparkTrust Systems, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of SparkTrust Systems software. In no event (including, without limitation, in the event of negligence) will SparkTrust Systems, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, this Software or the use or inability to use this Software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. SparkTrust Systems’ entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by SparkTrust Systems, less any applicable taxes and shipping fees) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to SparkTrust Systems. Such reimbursement will only occur if the Software was purchased directly from SparkTrust Systems. If you purchased the Software through a reseller, distributor, retailer, or any other third party, you need to request a refund directly from such parties.

SparkTrust Systems does not guarantee that the Software is error free. You assume full responsibility for using the Software and understand that it can permanently erase information. The entire risk of using the Software is borne by you.
SparkTrust Systems software is not intended for use in the operation of communication systems, aircraft navigation, air traffic control systems, nuclear facilities, life support machines or other equipment where the failure of SparkTrust Systems software could lead to personal injury, death or severe physical or environmental damage.

3.8 Warranties
Except as expressly stated in writing by an authorized employee of SparkTrust Systems, SparkTrust Systems makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.9 Governing Law
This Agreement shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein except any principles regarding conflicts of law rules and the United Nations Convention on Contracts for the International Sale of Goods. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Victoria, British Columbia, and any competent Courts of Appeal therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.10 Termination
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of the Software and destroy all copies of the Software supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. CONSENT TO USE OF DATA

You agree that by installing and using the Software, SparkTrust Systems may use the information that is collected and transmitted through the Software, in any manner, as part of the product support services provided to you, if any, related to the Software and any hardware installed on your computer. Such information collected may include without limitation IP address, and information derived from the operating system configuration and hardware configuration of the computer. The Software will not collect any personally identifiable information from your computer location or workstation during this process.

5. SOFTWARE VERIFICATION AND DATA

By installing and using the Software, You further acknowledge and agree that SparkTrust Systems may automatically check the version and licensing state of the Software that you have installed in order to determine if any Software updates, upgrades, or fixes are available, and/or to verify your license to use the Software.  This process is performed through the Software which contains components that facilitate the use of certain Internet based services. If updates, upgrades or fixes are available for the Software, the Software may automatically download and install the applicable Software updates or upgrades without further notice to you in order for you to achieve the maximum benefits while using the Software.  If there are any modifications to the terms and conditions of this EULA at the time of the update, you will be notified during the update process and will be required to review and accept the terms and conditions of the modified EULA prior to the installation of any Software updates or upgrades.

6. ADVERTISING AND LINKS

The Software installation and/or any applicable Software update or upgrade processes may include SparkTrust Systems promotional offers and advertisements, or promotional offers and advertisements from third parties. The manner, mode and extent of advertising by SparkTrust Systems through the Software installation process and/or any applicable Software update or upgrade processes are subject to change at any time and without notice to you. You agree that SparkTrust Systems shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisements and third party advertisers.SparkTrust Systems may provide, or third parties may provide, links from the advertisements to other Internet sites or resources. Because SparkTrust Systems may not have any control over such sites and resources, you acknowledge and agree that SparkTrust Systems is not responsible for the availability of such external sites or resources or the content or policies (including without limitation site terms of use or privacy policies) that govern the use of those Internet sites and resources. SparkTrust Systems does not endorse and is not responsible or liable for any third party content, advertising, products, or other materials displayed or made available from such sites or resources. You further acknowledge and agree that SparkTrust Systems shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, materials, goods or services made available on or through any such Internet site or resource, nor will SparkTrust Systems accept any responsibility for any viruses, worms, Trojan horses or other forms of destructive malware that may infect your computer systems as a result of your use of any third party Internet sites and/or resources.

7. INTELLECTUAL PROPERTY RIGHTS

All third party software products and company names used in the Software are copyright and the property of the respective owners. Furthermore, when using a third party’s software products as identified and recommended through this Software, you will be bound to that company’s own legal agreements. All software product names and company names used in the Software are for identification purposes only and may be trademarks or registered trademarks of their respective owners. SparkTrust Systems is in no way affiliated with or representing any of the companies identified and displayed in this Software.

To review SparkTrust Systems’ privacy policy, please visit www.sparktrust.com

SparkTrust Driver Updater

SparkTrust Driver Updater EULA

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE.

Notification: Permission to use SparkTrust Driver Updater (“the software”) is conditional upon you as the customer and licensee (“you”), agreeing to the terms and conditions set out below (“this agreement”). You will not be able to install the software until you have read and accepted all the terms of this agreement and wish to become the licensee of the software. Acceptance shall bind you and all of your employees to the terms of this agreement. By selecting the “I agree” button you warrant and confirm that you are eligible and have the authority to agree to the terms of this agreement. By selecting the “I agree” button and clicking the “Next” button at the bottom of this screen will be deemed to be your acceptance of the following terms and you will become the licensee of the software. Please print a copy for your records.

IF YOU DO NOT WISH TO ACCEPT THE FOLLOWING TERMS, DO NOT SELECT THE “I AGREE” AND “NEXT” BUTTON AND THE SOFTWARE WILL NOT INSTALL ON TO YOUR COMPUTER.

This software is being provided to you by SparkTrust Systems (“SparkTrust”). By installing and using this Software, you hereby agreed to this Agreement.

1) LICENSE

Subject to the terms and conditions of this Agreement, SparkTrust grants to you a limited, non-exclusive, non-transferable license, without the right to sublicense, to use or evaluate the Software in accordance with this Agreement and any other written agreement with SparkTrust. You have purchased a license to use the Software. SparkTrust does not transfer title of the Software to you. This Agreement is a legally binding agreement between SparkTrust and the licensed user(s) of this Software. If you do not agree to the terms and conditions of this Agreement, you are required to immediately cease installing or using this Software and remove the Software and any associated documentation from your computer.

2) DISTRIBUTION

Unless otherwise authorized herein, this Software, any accompanying documentation, and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only.

3) USER AGREEMENT

3.1) Evaluation Version use

You may evaluate this Software without purchasing a license (the “Evaluation Version”) for a maximum number of days indicated and permitted by SparkTrust, or you may have limited access to some of the features and functionality of the Software. In order to use or continue to use all the features and functionality of the Software you must purchase a license from SparkTrust directly or indirectly from an authorized software reseller or distributor. For more information about purchasing a license or multiple licenses to use the Software, please contact SparkTrust.

3.2) Activation of Software

Once you have purchased a license from SparkTrust in order to continue to use the Software or enable all the features of the Software, you may be required to activate the Software through the Internet. There are technological measures within the Software that are designed to prevent unlicensed use of the Software. SparkTrust will use those measures to confirm you have a valid licensed copy of the Software. SparkTrust will not collect any personally identifiable information from your computer location or workstation during this process.

3.3) Distribution

The Evaluation Version of the Software may be freely distributed, provided that:

  1. Such distribution includes only the original Software supplied by SparkTrust. You may not alter, delete or add any files in the distribution Software or modify the Software in any way.
  2. The limited evaluation nature of this Evaluation Version Software is not misrepresented.
  3. No money is charged to the person receiving this Evaluation Version Software, beyond reasonable cost of packaging and other overhead, if applicable.
  4. You provide prior email or written notice to SparkTrust that you are distributing this Evaluation Version and receive written confirmation of SparkTrust’s authorization for such distribution. If the Software is being distributed with other hardware, media or software, SparkTrust’s prior written authorization is required. You may be required to report to us the number of units of this Evaluation Version Software distributed from time to time.

3.4) Use

Your license to use this Software is limited to the number of licenses purchased by you and, if applicable, for a limited number of days. Upon the expiration of your license, you will be required to renew and purchase another license in order to continue to use all the features and functionality of the Software.

You shall not allow others to use, copy or evaluate copies of this licensed Software.

3.5) Use Restrictions

You shall use this Software in compliance with all applicable laws and not for any unlawful purpose. Each licensed copy of this Software may be used on one single computer location or workstation, unless otherwise authorized herein. “Use” of the Software means that you have loaded, installed, or run the Software on a computer or similar device. If you install the Software onto a multi-user platform, server or network, each and every individual user of the Software must be licensed separately or included by a multi-site license in order to access all the features and functionality of the Software. You may make one copy of this Software for backup purposes, providing you only have one copy installed on one computer location or workstation (or number of users covered in a multi-site license). Others may not use or install your licensed copy of this Software. The assignment, sublicense, networking, sale, or distributions of copies of this licensed Software are strictly forbidden without the prior written consent of SparkTrust. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of this licensed Software. If any person other than yourself or the licensed user uses Software registered in your name or business on another computer location or workstation, regardless of whether it is at the same time or different times, then this Agreement is being violated and you are responsible for that violation!

3.6) Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile this Software. Nor can you create any derivative works or other works that are based upon or derived from the Software in whole or in part.

The SparkTrust name, logo and graphics file that represents this Software shall not be used in any way to promote products developed with our Software. SparkTrust retains sole and exclusive ownership of all right, title and interest in and to the Software and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of this Software. No program, code, part, image, or text may be copied or used in any way by the user except as intended within the bounds of this Agreement. All rights not expressly granted hereunder are reserved for SparkTrust.

3.7) Limitation of Responsibility

You agree to indemnify, hold harmless, and defend SparkTrust, its employees, agents, distributors, and affiliate companies from and against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of this Software. In no event (including, without limitation, in the event of negligence) will SparkTrust, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, this Software or the use or inability to use this Software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. SparkTrust’ entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by SparkTrust, less any applicable taxes and shipping fees) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to SparkTrust. Such reimbursement will only occur if the Software was purchased directly from SparkTrust. If you purchased the Software through a reseller, distributor, retailer, or any other third party, you need to request a refund directly from such parties. SPARKTRUST DOES NOT MAKE ANY GUARANTEES THAT THIS SOFTWARE WILL IDENTIFY ANY SPECIFIC HARDWARE OR SOFTWARE INSTALLED ON YOUR COMPUTER NOR DOES SPARKTRUST MAKE ANY GUARANTEES THAT THIS SOFTWARE WILL LOCATE ANY DRIVERS FOR YOUR SPECIFIC HARDWARE FOR USE ON CERTAIN OPERATING SYSTEMS. SPARKTRUST ALSO DOES NOT MAKE ANY GUARANTEES THAT ANY OR ALL DRIVERS LOCATED FOR YOUR SPECIFIC HARDWARE AND OPERATING SYSTEM WILL FUNCTION ERROR FREE, ACHIEVE CERTAIN RESULTS, OR OPERATE WITHOUT INTERRUPTION. SPARKTRUST DOES NOT GAURANTEE THE INTEGRITY OF THRID PARTY DRIVERS OR THAT THIRD PARTY DRIVERS OBTAINED DIRECTLY FROM THIRD PARTY SERVERS OR THROUGH SPARKTRUST SERVERS WILL BE FREE OF VIRUSES OR MALICIOUS CODE. ALL DRIVERS LOCATED AND AVAILABLE THROUGH THIS SOFTWARE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. If we are unable to provide the updated driver that the software presented during the free scan for functioning hardware devices, you are entitled to request a refund as per standard refund policy. SparkTrust software is not intended for use in the operation of communication systems, aircraft navigation, air traffic control systems, nuclear facilities, life support machines or other equipment where the failure of SparkTrust software could lead to personal injury, death or severe physical or environmental damage.

3.8) Warranties

The Software is being provided to you on an “AS IS” basis. Except as expressly stated in writing by an authorized employee of SparkTrust, SparkTrust makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.9) Governing Law

This Agreement shall be governed exclusively by the laws of the Province of British Columbia, Canada excepting any principles regarding conflicts of law rules and the United Nations Convention on Contracts for the International Sale of Goods. You hereby irrevocably attorn and submit to the exclusive jurisdiction of the courts of Victoria, British Columbia, and any competent Courts of Appeal therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions. The failure of SparkTrust to enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of SparkTrust to enforce each and every such provision thereafter.

3.10) Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of the Software and destroy all copies of the Software and any accompanying documentation supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4) CONSENT TO USE OF DATA

You agree that SparkTrust may collect and use information transmitted by you through the Software and/or gathered in any manner as part of the product support services provided to you, if any, related to the Software and all hardware installed on your computer. SparkTrust will not collect any personally identifiable information from your computer location or workstation during this process. SparkTrust may also use any information collected to provide notices to you which may be of use or interest to you. The Software contains components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that SparkTrust may automatically check the version of the Software that you are utilizing and may provide updates, upgrades, or fixes to the Software. In order to receive such updates, upgrades or fixes, you must agree to the download and installation when prompted. You are not obligated to download and or install any upgrades or fixes to the Software that are provided by SparkTrust. SparkTrust will not collect any personally identifiable information from your computer location or workstation during this process.

For more information on SparkTrust’s Privacy Policy, please visit http://www.sparktrust.com.

SparkTrust Driver Updater is a registered trademark of SparkTrust Systems.

SparkTrust Inspector is a registered trademark of SparkTrust.

SparkTrust MacCleaner Pro

SparkTrust MacCleaner Pro EULA

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE.

By installing and using SparkTrust MacCleaner Pro (the “Licensed Software”), you have agreed to abide by the following terms and conditions.
This End User License Agreement (EULA) is a contract between you (“you,” “your” or “Licensee”) and SparkTrust Systems (the “Provider”), which states the terms and conditions under which the Licensed Software named above is licensed – not sold – to you. The Licensed Software includes computer software and may include associated media, printed materials, “online” or electronic documentation, and Internet-based services.

BY INSTALLING, COPYING, OR OTHERWISE USING THE LICENSED SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE LICENSED SOFTWARE.

LICENSE TERMS

CONTENTS.

The “Licensed Software” includes all of the contents of the files, disk(s), CD-ROM(s), DVDs, or other media for which this EULA is provided, including:

(1) third-party computer information or software that Provider has licensed for inclusion in the Licensed Software;

(2) written materials or files relating to the Licensed Software (“Documentation”);

(3) upgrades, modified versions, updates, additions, and copies of the Licensed Software, if any (collectively, “Updates”).

INSTALLATION AND ACTIVATION.

Unless Licensee has purchased a Site License Agreement, Licensee may only install and/or use one copy of the Licensed Software per user license included with the Licensed Software. To determine how many user licenses were included with the Licensed Software, Licensee should consult the Licensed Software packaging or, in the case of Licensed Software purchased via electronic download, Licensee’s order receipt. Licensee shall be solely responsible for all expenses incurred in Licensee’s installation of the Licensed Software.

The Licensed Software contains technological measures that are designed to prevent its unlicensed or illegal use. The Licensed Software may contain enforcement technology that limits Licensee’s ability to install and uninstall the Licensed Software on a machine to no more than a finite number of times, and for a finite number of machines, to ensure that you comply with the terms of this EULA and do not exceed the maximum number of user licenses you have purchased.

The Licensed Software may require activation as explained during installation. Note that if you are installing a trial version of the Licensed Software, you may not need a serial number to activate it, but we may limit the length of time for which you may use the Licensed Software and/or the scope of the Licensed Software Functionality. If activation is required and not completed within the finite period of time set forth in the Documentation and/or explained during installation, then the Licensed Software will cease to function until activation has been completed, at which time functionality will be restored.

INTERNET ACCESS
The Licensed Software may require an internet connection to be available in order to access all features.
See the specific provisions below that disclaim warranties and limit our liability based on internet service interruptions and unavailability.
PERSONAL DATA PROTECTION

You understand that by using the Licensed Software, you consent and agree to the collection and use of certain information about you and your use of the Licensed Software in accordance with Provider’s Privacy Policy. You further consent and agree that Provider may collect, use, transmit, process and maintain information related to your Account, and any devices or computers registered thereunder, for purposes of providing the Licensed Software, and any features therein, to you. Information collected by Provider when you use the Licensed Software may also include technical or diagnostic information related to your use that may be used by Provider to support, improve and enhance Provider’s products and services. For more information please read Provider’s full privacy policy at https://www.sparktrust.com/privacy/. You further understand and agree that this information may be transferred to other countries for storage, processing and use by Provider, its affiliates, and/or their service providers. You hereby agree and consent to Provider’s and its partners’ and licensors’ collection, use, transmission, processing and maintenance of such location and account data to provide and improve such features or services.
COPIES.

Licensee may only make one copy of the Licensed Software for backup or archival purposes only, except that the Documentation may not be duplicated.

TRANSFER.

Licensee may not sell, assign, sublicense, rent, lease, lend or otherwise transfer the Licensed Software or the License granted by this EULA without prior written consent of Provider.

USE.

The License granted by this EULA is non-exclusive. Licensee may not use the Licensed Software except as expressly permitted by this License.

PROHIBITED USES.

(1) Licensee may not modify, alter, adapt or translate all or any portion of the Licensed Software;

(2) Licensee may not create any derivative works from all or any portion of the Licensed Software;

(3) Licensee may not reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Licensed Software;

(4) Licensee may not use a previous version of the Licensed Software after receiving a media replacement or upgraded version as a replacement to a prior version (in such case you must destroy the prior version);

(5) Licensee may not use the Licensed Software in the operation of aircraft, ship, nuclear facilities, life-support machines, communication systems, or any other equipment in which the failure of the software could lead to personal injury, death, or environmental damage;

(6) Licensee may not remove or obscure Provider’s copyright or trademark notices, or the copyright and trademark notices of third parties that Provider has included in the Licensed Software; and

(7) Licensee may not use the Licensed Software to host applications for third parties, as part of a facility management, timesharing, service provider, or service bureau arrangement; and

(8) Licensee may not use the Licensed Software in any manner not authorized by this EULA.

SOFTWARE UPDATES.

If the Licensed Software is an Update to a previous version, Licensee must possess a valid License to the previous version. Any Update provided to Licensee is made on a License-exchange basis such that Licensee agrees, as a condition for receiving an Update, that Licensee will terminate all of Licensee’s rights to use any previous version of the Licensed Software. However, Licensee may continue to use the previous version only to assist in transitioning to the Updated version. Once an Update has been released, Provider may cease support for prior versions, without any notice to Licensee.

CONTENT UPDATES.

Provider may provide Updates to the content of some of its software from time to time, including but not limited to, virus definitions, URL lists, rules, driver database updates, and updated vulnerability data. These types of Updates are collectively referred to as “Content Updates.” Provider may, at its discretion and without notice, add, modify or remove features, including Content Updates, from the Licensed Software at any time.

SUPPORT.

Provider is not obligated by this EULA to provide Licensee with any technical support services relating to the Licensed Software; however, Licensee may order additional support services for an additional charge as Provider may offer from time to time during the term of this EULA.

GOVERNING LAW.

You are a consumer. Nothing in this contract should prevent you from the benefit of rights granted to you by applicable consumer regulation.

This Agreement shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein except any principles regarding conflicts of law rules and the United Nations Convention on Contracts for the International Sale of Goods. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Victoria, British Columbia, and any competent Courts of Appeal therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

NO WARRANTY ON LICENSED SOFTWARE.

THE LICENSED SOFTWARE AND ALL PROVIDER RELATED WEBSITES AND SERVICES ARE PROVIDED TO LICENSEE “AS IS” AND “AS AVAILABLE,” AND PROVIDER AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTY AS TO THEIR USE OR PERFORMANCE. PROVIDER AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION: QUALITY, AVAILABILITY, PERFORMANCE OR FUNCTIONALITY OF THE LICENSED SOFTWARE OR ANY RELATED PROVIDER WEBSITES OR SERVICES; QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE LICENSED SOFTWARE OR RELATED PROVIDER WEBSITES OR SERVICES; ANY REPRESENATION OR WARRANTY THAT THE USE OF THE LICENSED SOFTWARE OR ANY RELATED PROVIDER WEBSITES OR SERVICES WILL BE UNINTERRUPTED OR ALWAYS AVAILABLE (WHETHER DUE TO INTERNET FAILURE OR OTHERWISE), ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR OPERATE ON OR WITH ANY PARTICULAR HARDWARE, PLATFORM OR SOFTWARE; NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR, AND ONLY TO THE EXTENT, THAT A WARRANTY MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEE’S JURISDICTION.

LIMITATION OF LIABILITY.

IN NO EVENT WILL PROVIDER, OR PROVIDER’S SUPPLIERS OR LICENSORS, BE LIABLE TO LICENSEE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNATIVE, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS (INCLUDING WITHOUT LIMITATION THOSE BASED ON THE USE OR THE INABILITY TO USE THE LICENSED SOFTWARE OR ANY PROVIDER RELATED WEBSITES OR SERVICES), EVEN IF A REPRESENTATIVE OF PROVIDER OR ONE OF PROVIDER’S SUPPLIERS OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE’S JURISDICTION. IN ANY CASE, THE AGGREGATE LIABILITY OF PROVIDER, AND PROVIDER’S SUPPLIERS, UNDER OR IN CONNECTION WITH THIS EULA, SHALL BE LIMITED TO THE AMOUNT PAID FOR THE LICENSED SOFTWARE.

ADDITIONAL TERMS FOR BETA SOFTWARE.

If the Licensed Software that Licensee receives with this EULA is pre-commercial release or “BETA” software (“Pre-release Software”), then, to the extent that any provision in this section is in conflict with any other term or condition in this EULA, this section supersedes such conflicting term(s) and condition(s) as to the Pre-release Software, but only to the extent necessary to resolve the conflict.

Licensee acknowledges that the Pre-release Software does not represent the final product from Provider, and may contain bugs, errors, and other problems that could cause system or other failures and data loss. Consequently, Provider disclaims any warranty or liability obligations to Licensee of any kind whatsoever.

Licensee acknowledges that Provider has not promised or guaranteed to Licensee that the Pre-release Software will be announced or made available to anyone in the future, and that Provider has no express or implied obligation to Licensee to announce or introduce the Pre-release Software. Provider may decide not to introduce a product similar to, or compatible with, the Pre-release Software. Accordingly, Licensee acknowledges that any research or development that Licensee performs regarding the Pre-release Software, or any product associated with the Pre-release Software, is done entirely at Licensee’s own risk.

During the term of this EULA, if requested by Provider, Licensee will provide feedback to Provider regarding testing and use of the Pre-release Software, including error or bug reports.

If Licensee has been provided the Pre-release Software pursuant to a separate written agreement, then Licensee’s use of the Pre-release Software is also governed by that agreement.

SURVIVAL OF DISCLAIMERS.

The exclusions of warranties and liability limitations shall survive the termination of this EULA, howsoever caused; but this survival shall not imply or create any continued right to use the Licensed Software after termination of this EULA.

EXPORT RULES.

Licensee shall not ship, transfer, or export Licensed Software into any country or use Licensed Software in any manner prohibited by the applicable export control laws, notably where applicable, the United States Export Administration Act, restrictions, or regulations (collectively the “Export Laws.”) All rights to use the Licensed Software are granted on condition that Licensee complies with the Export Laws, and all such rights are forfeited if Licensee fails to comply with the Export Laws.

INTELLECTUAL PROPERTY OWNERSHIP.

The Licensed Software and any authorized copies that Licensee makes are the intellectual property of, and are owned by, Provider, and by third parties whose intellectual property has been licensed by Provider. The structure, organization, and code of the Licensed Software are the valuable trade secrets and confidential information of Provider and such third parties. The Licensed Software is protected by law, including without limitation, the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights in the Licensed Software.

RESERVATION OF RIGHTS.

Provider reserves all rights not expressly granted to Licensee by this EULA. The rights granted to Licensee are limited to Provider’s intellectual property rights, and to the intellectual property rights of third parties licensed by Provider.

COMPLETE AGREEMENT and BINDING EFFECT.

This EULA constitutes the entire agreement between the Licensee and Provider relating to the Licensed Software, and it supersedes all prior or contemporaneous representations, discussions, undertakings, communications, agreements, arrangements, advertisements, and understandings regulating the Licensed Software. This EULA is binding on and made for the benefit of the parties and their successors and permitted assigns.

MODIFICATION.

This EULA may only be modified, supplemented or amended by a writing signed by an authorized officer of Provider.

SEVERABILITY.

If any provision of this EULA is determined by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.

WAIVER.

No failure or delay by Provider in exercising its rights or remedies shall operate as a waiver unless made by Provider’s specific written notice. No single or partial exercise of any right or remedy of Provider shall operate as a waiver or preclude any other, or further, exercise of that, or any other right, or remedy.

PROOF OF COMPLIANCE.

Within 30 calendar days after request from Provider, or Provider’s authorized representative, Licensee will provide full documentation, and certify under penalty of perjury, that Licensee’s use of any and all Licensed Software is in conformity with this EULA.

TERMINATION.

If Licensee breaches this EULA, and fails to cure any breach within 30 calendar days after request from Provider, or Provider’s authorized representative, Provider may terminate this EULA, whereupon all rights granted to Licensee shall immediately cease. Furthermore, upon termination, Licensee shall return to Provider all copies of the Licensed Software, or verify in writing that all copies of the Licensed Software have been destroyed.