Bissantz SparkMaker

End User License Agreement for SparkMaker 4.0

PLEASE READ THE TERMS OF THE FOLLOWING LICENSE AGREEMENT CAREFULLY. BY INSTALLING THE SOFTWARE DISTRIBUTED WITH THIS AGREEMENT (SPARKMAKER), YOU ARE CONFIRMING YOUR ACCEPTANCE OF THIS SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT DOWNLOAD SPARKMAKER AND/OR RETURN THE SOFTWARE FOR A REFUND OF ALL LICENSE FEES PAID BY YOU FOR SPARKMAKER.

1. TRIAL VERSION AND FREE EDITION

Every person and/or organization who wants to employ SparkMaker 3.2 may test the software with its full functionality during a 30-day trial period. The 30-day trial period commences with the first installation of SparkMaker. After this period has ended, significant features of the SparkMaker software are permanently disabled. These features can only be re-enabled with a valid license. The remaining functionality of an expired trial version of SparkMaker 3.2 constitutes the Free edition of SparkMaker: it is free of charge for private, academic and commercial purposes.

2. LICENSED EDITIONS

Depending on the selected SparkMaker edition the licensee obtains a certain type of license which enables the subset of SparkMaker's features relevant to the selected edition. Details on available SparkMaker editions are provided by Bissantz & Company. For payment of a license fee the licensee is granted one (1) non-exclusive, non-transferable license to install and use the selected SparkMaker edition on one (1) computer to be used by one (1) user at a time. It is explicitly forbidden to install a licensed version of SparkMaker (any edition) on multiple computers without paying additional license fees. Licensee warrants that he or she will make a reasonable effort to remove unused licenses of SparkMaker.

3. LICENSE RESTRICTIONS

You shall not modify, adapt, or translate the SparkMaker Software. You shall not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software. It is not allowed to make the SparkMaker Software available over the Internet or a similar network for download, but you may refer with a link to the download page of Bissantz & Company GmbH. Without limiting the generality of the foregoing, you agree that you will not distribute or disseminate all or any part of the Bissantz SparkFonts Software through any on-line service and you further agree that any such intentional distribution shall constitute a theft by you of a valuable property of Bissantz & Company GmbH and/or its suppliers.

You may not rent, lease, lend or sublicense the SparkMaker Software. However, you may make a one-time permanent transfer of all of your license rights to the SparkMaker Software to another party, provided that: (a) the transfer must include all of the SparkMaker Software, including all its component parts and this License; (b) you do not retain any copies of the SparkMaker Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the SparkMaker Software reads and agrees to accept the terms and conditions of this License. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software.

SPARKMAKER IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, OR AIR TRAFFIC CONTROL MACHINES OR ANY OTHER SUCH HAZARDOUS ACTIVITIES IN WHICH CASE THE FAILURE OF SPARKMAKER COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

4. DISCLAIMER OF WARRANTY

SPARKMAKER AND THE ACCOMPANYING FILES ARE SOLD "AS IS". BISSANTZ & COMPANY GMBH MAKES AND CUSTOMER RECEIVES FROM BISSANTZ & COMPANY GMBH NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO THE SOFTWARE PRODUCT, DOCUMENTATION, MAINTENANCE SERVICES, THIRD PARTY SOFTWARE OR OTHER SERVICES. BISSANTZ & COMPANY GMBH SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BISSANTZ & COMPANY GMBH, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. DUE TO THE VARIETY OF USER EXPERTISE, HARDWARE AND SOFTWARE ENVIRONMENTS INTO WHICH SPARKMAKER MAY BY SUBJECTED, THE USER ASSUMES ALL RISK OF USING SPARKMAKER.

IN NO EVENT SHALL BISSANTZ & COMPANY GMBH OR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THIS AGREEMENT, THE USE OF SPARKMAKER, WHETHER RESULTING FROM TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, PRODUCT LIABILITY, OR OTHER FORM OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. BISSANTZ & COMPANY GMBH'S AND ITS EMPLOYEES', DISTRIBUTORS', DEALERS' AND AGENTS' AGGREGATE TOTAL LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE LICENSE FEE PAID TO BISSANTZ & COMPANY GMBH OR ITS AUTHORIZED RESELLER BY YOU.

5. GENERAL

Bissantz SparkFonts License Agreement. The separate license agreement (see below) for the Bissantz SparkFonts Software applies to all uses of Bissantz SparkFonts which are related to the SparkMaker product and its license agreement. In this sense, the Bissantz SparkFonts Software license agreement becomes an integral part of the SparkMaker license agreement.

6. GOVERNING LAW

This agreement is governed by the laws of the Federal Republic of Germany. In the event that any provision of this agreement is held to be illegal or otherwise unenforceable, such provision shall be deemed to have been deleted from this agreement, while the remaining provisions of this agreement shall be unaffected and shall continue in full force and effect.

Copyright

Bissantz & Company GmbH
Nordring 98
90409 Nürnberg
Germany
Phone +49 911 935536 0
Fax +49 911 935536 10
E-Mail: sparklinetools@bissantz.de

Web: www.bissantz.de

Bissantz SparkFonts

License Agreement

The TrueType Font set for sparklines (Bissantz SparkFonts Software) is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Bissantz SparkFonts Software is licensed, not sold.

Subject to the foregoing, Bissantz & Company GmbH grants you a perpetual non-exclusive license to use the Bissantz SparkFonts Software with the following terms and conditions:

1. Acceptance of terms

Installation and use of this software constitutes acceptance of the terms of this licence agreement.

2. Grant of license

This document grants you the following rights:

Installation and Use. You may install and use the Bissantz SparkFonts Software on as many computers as required provided that you agree to inform your employees or any other person having access to the Bissantz SparkFonts Software and copies thereof, of the terms and conditions of this Font Software License Agreement and to ensure that they shall strictly abide by these terms and conditions. A Distribution Agreement must be purchased to in any form re-distribute the Bissantz SparkFonts. Bissantz & Company GmbH and its Licensed Distributors has the right to terminate your license immediately if you fail to comply with any term of this Agreement. Upon termination, you must destroy the original and any and all copies of the Bissantz SparkFonts Software.

2.1 You acknowledge that the Bissantz SparkFonts Software is the intellectual property of Bissantz & Company GmbH and/or its several licensors. The term Bissantz SparkFonts Software shall also include any updates, upgrades, additions, modified versions, and work copies of the Bissantz SparkFonts Software licensed to you by Bissantz & Company GmbH. Expanded versions, subsets or other derivatives of this design may also exist under other names and be distributed by Bissantz & Company GmbH or other licensed Distributors.

2.2 Modification. You are not allowed to without written approval granted by Bissantz & Company GmbH:

modify, reverse compile or merge or ship the Bissantz SparkFonts Software with other software programs,
adapt modules, produce sub-sets or supersets or alter any internal font data thereof for your own developments, or
put the software solutions embodied in the Bissantz SparkFonts Software to any commercial use other than operating your own computer or output device.
modify and/or recompile the Bissantz SparkFonts Software: this includes generating or re-compiling the Bissantz SparkFonts Software from any font design program (where a 'font design' program is any piece of software capable of reading and re-compiling any standard font format).

PLEASE CONTACT BISSANTZ & COMPANY GMBH OR A LICENSED DISTRIBUTOR IF THERE ARE SPECIFIC MODIFICATIONS THAT YOU REQUIRE.

2.3 Usage Restrictions. It is not permitted to integrate the Bissantz SparkFonts Software into other software (products or components), if the resulting software package is not able to function without the Bissantz SparkFonts Software. Any developer who wants to create such software based on the Bissantz SparkFonts Software requires explicit written consent from Bissantz & Company GmbH.

2.4 You are only allowed to transfer or assign the Bissantz SparkFonts Software to a third party if such transfer complies with all of the following conditions:

The recipient confirms their consent to all terms and conditions of this Font-Software License Agreement.

2.5 Only for the purpose of outputting particular files may you take a copy of the font(s) you have used for such files to a commercial printer or other service bureau. Only those parties specifically granted 'Distribution Rights' may distribute and grant licenses to the Bissantz SparkFonts Software. Such Distribution Rights may be obtained by contacting Bissantz & Company GmbH.

2.6 Portable Documents. You may "embed" the Bissantz SparkFonts Software within files such as PostScript-Language files, .PDF files, MS-Offices files (MS-Word, MS-Excel, MS-Powerpoint), or similar file types for distribution, viewing, printing and imaging to other parties.

3. Disclaimer and limited warranty

AS ALLOWED BY LAW, THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, AND BISSANTZ & COMPANY GMBH AND ASSOCIATIONS OR COMPANIES DISTRIBUTING THE BISSANTZ SPARKFONTS SOFTWARE DISCLAIM THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. IN ADDITION, BISSANTZ & COMPANY GMBH AND ASSOCIATIONS OR COMPANIES DISTRIBUTING THE BISSANTZ SPARKFONT SOFTWARE DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR THE WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS A RESULT OF THE PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE USER.

4. Distribution

Without limiting the generality of the foregoing, you agree that you will not distribute or disseminate all or any part of the Bissantz SparkFonts Software through any on-line service and you further agree that any such intentional distribution shall constitute a theft by you of a valuable property of Bissantz & Company GmbH and/or its suppliers.

5. Governing law

Copyright

Bissantz & Company GmbH
Nordring 98
90409 Nürnberg
Germany
Phone +49 911 935536 0
Fax +49 911 935536 10
E-Mail: sparklinetools@bissantz.de

Web: www.bissantz.de