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