Terms and Agreement for Using OnClick Utilities
This Software Distribution Agreement (hereinafter referred to as "AGREEMENT") is a legal AGREEMENT between you, and 2BrightSparks Pte Ltd (hereinafter referred to as "AUTHOR") for distributing the computer software program entitled OnClick Utilities (hereinafter referred to as "SOFTWARE").
This AGREEMENT describes the terms and conditions by which AUTHOR will license other parties to distribute the SOFTWARE from the website www.2BrightSparks.com. No use, distribution, or reproduction of the SOFTWARE or copies of the SOFTWARE is authorised except in compliance with the terms and conditions herein.
Unless you have a different licence AGREEMENT signed by AUTHOR, your use of this SOFTWARE indicated your acceptance of this licence AGREEMENT.
By copying this SOFTWARE, you agree to be bound by the terms and conditions of this AGREEMENT as well as those of the "Software Licence Agreement".
GENERAL TERMS AND CONDITIONS
| • | The AUTHOR shall be credited as the owner of the SOFTWARE in all distribution of the SOFTWARE. AUTHOR is the exclusive world-wide licenser of the SOFTWARE, and the copyrights and other proprietary rights therein. The SOFTWARE is intended solely for distribution as Freeware as described above; it is not public domain freeware. |
| • | You may copy the SOFTWARE for your private or business purposes, only in its original, unaltered form, with all files included unmodified, and without making any additions, modifications or deletions except as provided in this paragraph. |
| • | You may not distribute the SOFTWARE on websites, in magazine publications, or any other publishing medium. |
| • | You are permitted, and encouraged, to make and distribute copies of the SOFTWARE to your friends, family members and co-workers for your and their private, commercial, or non-commercial use, in compliance with the terms and conditions hereof. |
| • | You may not modify the SOFTWARE or any of its files. You may not change, delete, merge or rename any files or elements of the SOFTWARE in any manner, and you may not add any files or new elements (except for installation routines which do not interfere with the proper operation or installation of the SOFTWARE). |
| • | Since the SOFTWARE is intended for distribution only as FREEWARE exclusively from our website www.2brightsparks.com, you shall not charge any fee or other compensation for the SOFTWARE. |
| • | You recognize that your right to distribute the SOFTWARE is nonexclusive and that AUTHOR can terminate the license granted to you at any time for any reason upon notice. AUTHOR reserves the right to withhold or withdraw permission to distribute the SOFTWARE from anyone at any time for any reason. The other provisions hereof shall survive any expiration or termination of this AGREEMENT. |
| • | You shall take reasonable steps to ensure that the SOFTWARE and any other software, documentation and other materials distributed with the SOFTWARE are free from viruses. |
| • | You may not use, copy, modify, distribute or transfer the SOFTWARE or any element thereof in whole or in part, except as expressly provided for herein. |
| • | You may not rent or lease the SOFTWARE to anyone. |
| • | The AUTHOR reserves the right to update the contents of the SOFTWARE and its associated files, documentation and/or other elements, at its discretion from time to time, without the consent of, or any obligation to, any licensed users or distributors. |
| • | You will hold the AUTHOR, family members, distributors, licensees, sub-licensees and lawyers harmless from and against any and all claims, actions, damages, losses, liabilities, costs and expenses arising directly or indirectly from your acts and omissions in copying and distributing the SOFTWARE. |
| • | If any provision of this AGREEMENT is held to be void, invalid or unenforceable, it will not affect the validity of the balance of this AGREEMENT, which shall remain valid and enforceable according to its terms and conditions. |
| • | This agreement shall be governed by the laws of Singapore. |
Limitation Of Liability And Warranty
The customer agrees that use of the services and products provided by 2BrightSparks is entirely at the customer's own risk. Services and products are provided 'as is,' without warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted access, or products provided through or in connection with the service, including without limitation the software licensed to the customer and the results obtained through the service. Specifically, we disclaim any and all warranties, including without limitation: 1) any warranties concerning the availability, accuracy or content of information, products or services; and 2) any warranties of title or warranties of merchantability or fitness for a particular purpose.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Customer specifically acknowledges the service is not liable for the defamatory, offensive or illegal conduct of other customers or third-parties and that the risk of injury from the foregoing rests entirely with customer.
Neither the software, products or services delivered by 2BrightSparks, nor any of its agents, affiliates or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of it or inability to gain access to or use the software or out of any breach of any warranty. Customer hereby acknowledges that the provisions of this section shall apply to all content on the service.
Governing Law
This agreement shall be governed by the laws of Singapore.
Trademarks
All trademarks appearing on the service are trademarks of their respective owners.
Modification
2BrightSparks reserves the right, at its discretion, to revise these Terms and Conditions at any time and without prior notice, and such revision shall be effective immediately upon the posting of the revised Terms and Conditions at this website:
http://www.2brightsparks.com/terms.html