Software end-user license agreement
Notice to the user: By copying, installing or
using this software or part of this software,
you agree to the terms and conditions of this
agreement as if it were a written agreement
negotiated and signed by you.
This agreement is enforceable against you
and any other legal person acting on your
behalf. If, after reading the terms and
conditions herein, you do not agree to them,
you may not install this software on your
computer.
Sparsity, s.L. (Hereinafter "the licensor") is
an spanish spin-out company of the
Universitat politecnica de catalunya (Upc)
and is the exclusive licensor of all the
intellectual property of the software and only
authorizes you to use the software in
accordance with the terms set out in this
agreement.
1. Definitions
"Software" means (a) all the information
provided in this agreement, including but
not limited to (i) software files and other
computer information belonging to the
licensor or third parties; (ii) written material
and explanatory files ("Documentation"); and
(b) any modified versions and copies of this
information, such as improvements, updates
and additions to the information provided to
you by the licensor at any time, insofar as it is
not the object of another agreement
(collectively, "Updates").
"User" means the physical or legal person
who accepts the terms and conditions of this
agreement.
"Computer" means a computer device that
accepts information in digital or similar form
and processes that information to achieve a
specific result based on a sequence of
instructions.
Users may exercise their right to access,
rectify, cancel and oppose this data through
an email to info@sparsity-technologies.
2. Intellectual Property
The Software and the authorized copies are
property of UPC and Sparsity S.L is the
exclusive licensor. This agreement shall not
imply the waiver ortransfer, in whole or in
part , of this ownership neither by UPC nor
the licensor. The Software is protected by law,
including, but not limited to, the laws of
Spain and other countries on intellectual
property, and by the applicable international
agreements. Except to the extent expressly
stipulated here, this agreement does not
grant the user any intellectual property rights
over the Software. All rights not expressly
granted are reserved for the licensor.
3. Single License
The licensor grants the user a FREE and
non-exclusive single license to use the Software.
The user may:
1) Install and use a copy of the Software for
personal, research or development use on a single computer.
2) Develop software using the Software
licensed
3) License software developed using the
licensed Software to third parties with no
commercial purpose.
This agreement does not authorize the user
to do any of the following:
1) Use or copy the Software in any way other
than that specified in this agreement.
2) Disassemble, decompile or translate the
Software, or modify it in any way other than
that permitted by the specific Spanish law on
intellectual property.
3) Sublicense, lease, rent, sell, transfer or
transmit his or her right to the use of the
Software.
4) Authorize the total or partial copying of the
Software onto the computer of another
natural or legal person.
5) Use the Software as the basis for software
developed by third parties.
4. Recognition
If the Software is used to develop a software
or a service, the resulting piece of software
or service must recognise the source of the
Software. In a visible place there must be an
informative text that the software is “powered
by Sparksee” and link it to the Software
website: www.sparsity-technologies.com
If the Software is used to obtain any published
piece of information, the publication must
recognise the use of the Software. In a visible
place there must be an informative text and a
link to the Software website:
www.sparsity-technologies.com
5. Limited Guarantee
The licensor does not guarantee the
uninterrupted or error-free operation of a
program or that any defects that may occur
will be corrected. The user is responsible for
the results obtained through the use of the
software.
6. Liability
The licensor shall not be liable for any claims
for damages, including partial or total
noncompliance, negligence, falsification or
any other claim.
7. Authorization for the use of personal data
The user accepts that the licensor uses their
personal data for the following purposes only:
- Communication of DEX updates.
- Information about the licensor courses,
events and any other licensor product updates.
- The licensor may create press releases, or
other pieces of news and notifications using
user data.
In order to withdraw the authorization, the
user shall send an e-mail to the following
e-mail address:
info@sparsity-technologies.com
8. Other Provisions
8.1 No legally recognized rights of the user
shall be subject to elimination or limitation
in virtue of this agreement.
8.2 The licensor may terminate this license if
the user fails to comply with the conditions of
this agreement. If the licensor decides to
terminate the license, this decision also
terminates the authorization of the user to
make use of the Software.
8.3 The user may not bring any action which
may arise from this agreement more than two
years after the cause of said action, unless
otherwise established by Spanish law without
the possibility of contractual waiver or
limitation.
8.4 This license is indefinite and failure to
comply with it by the user may give rise to
legal action by the licensor at any time.
8.5 The licensor shall not be liable for
noncompliance with their obligations when
said noncompliance is due to force majeure.
8.6 This agreement is governed by Spanish
law and the courts of Barcelona shall be the
authority competent to resolve any conflicts
that may arise from this agreement.
* Barcelona, February 12th 2014