Legal Information and Trademarks

Last Modified: 17 June 2008

Products, Services, and Conditions of Use

You should carefully read the following Terms and Conditions before using our software products. Unless you have a different license agreement signed by 2BrightSparks, your use of our software indicates your acceptance of this license agreement and warranty.

Use of all software available from 2BrightSparks (hereinafter 'SOFTWARE') is contingent on your agreement our software licensing terms found on this web page.

As part of our service, we agree to provide you with software, information, and other services that we may decide to offer, subject to the terms of this agreement. Upon notice published through the service, we may modify this agreement at any time. You agree and continue to agree to use our products and services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as 'customer' in this agreement.

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 the company website:

http://www.2brightsparks.com/terms.html

Software License Agreement

Use of all software available from 2BrightSparks (hereinafter 'SOFTWARE') is contingent on your agreement our software licensing terms found on this web page.

SyncBackPro Licensing Terms and Conditions

You are advised to revisit the following web page periodically as we reserve the right to change these terms and conditions at any time and without notification:

CONDITIONS OF USE

You agree and continue to agree to use our software in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below.

Please note that you will be referred to as 'customer' in this agreement.

SOFTWARE LICENSE AGREEMENT

You should carefully read the following Terms and Conditions before using SyncBackPro. Unless you have a different license agreement signed by 2BrightSparks Pte Ltd, your use of our software indicates your acceptance of this license agreement.

Use of all software available from 2BrightSparks Pte Ltd, including SyncBackPro, (hereinafter 'SOFTWARE') is contingent on your agreement to the following terms:

LIMITATION OF LIABILITY

The use of all software including SyncBackPro available from 2BrightSparks Pte Ltd ('SOFTWARE') is contingent on your agreement to the following Limitation of Liability:

SOFTWARE is provided as is, and without warranty of any kind. To the maximum extent permitted by applicable law, 2BrightSparks Pte Ltd its suppliers, its distributors, and its affiliates, or others who may offer SOFTWARE, will not be liable for any damages whatsoever, whether direct or indirect, special, incidental, consequential, or punitive of any kind (including but not limited to damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty - including of good faith or of reasonable care - negligence, and any other pecuniary or other loss whatsoever) arising out of, or in any way related to the use of, or inability to use our SOFTWARE or support services, or the provision of or failure to provide support services, or otherwise under, or in connection with SOFTWARE documentation, or any provision of these terms and conditions, even if 2BrightSparks Pte Ltd or any supplier, distributor, or its affiliates has been advised of the possibility of such damages.

The Limitations on, and Exclusions of liability for damages in this agreement apply regardless of whether liability is based on breach of contract, tort (including negligence), delict, strict liability, breach of warranties or conditions, or any other legal theory. 2BrightSparks Pte Ltd furthermore disclaims all warranties, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and on infringement.

The entire risk arising out of the use or performance of the SOFTWARE and documentation remains with the recipient. To the maximum extent permitted by applicable law, in no event shall 2BrightSparks Pte Ltd Pte Ltd be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of this agreement or the use of or inability to use the product, even if 2BrightSparks Pte Ltd has been advised of the possibility of such damages.

The SOFTWARE and the accompanying files are sold "as is" and without warranties as to performance or merchantability or any other warranties whether expressed or implied. Because of the various hardware and software environments into which SOFTWARE may be put, no warranty of fitness for a particular purpose is offered.

Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the SOFTWARE. Any liability of the seller will be limited exclusively to product replacement or refund of purchase price.

OWNERSHIP

You may not reverse engineer, decompile or disassemble the SOFTWARE. 2BrightSparks Pte Ltd shall retain title and all ownership rights to the SOFTWARE.

This SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

MAINTENANCE

2BrightSparks Pte Ltd is not obligated to provide support, maintenance, or updates for the SOFTWARE (either by email, phone, or otherwise). However, any maintenance or updates provided by 2BrightSparks Pte Ltd shall be covered by this Agreement.

SOFTWARE USAGE AGREEMENT

One registered copy of SOFTWARE may either be used by a single person who uses the software personally on up to 5 computers for non-commercial use (home). A separate license must be purchased for each installation of the program for commercial use. Installing the program on a server counts as one installation.

In a commercial setting you may access the registered version of the SOFTWARE through a network, provided that you have obtained individual licenses for the SOFTWARE covering all workstations that will access the software through the network. For instance, if 4 different workstations access the SOFTWARE on the network, each workstation must have its own SOFTWARE license, regardless of whether they use the SOFTWARE at different times or concurrently.

RETURNS POLICY

Before purchasing software from 2BrightSparks Pte Ltd, you are strongly encouraged to 'test drive' it using the evaluation version. In the event you encounter a problem with the product, contact our support department for assistance. You may do this by submitting a Support Ticket in our Support Area at:

https://help.2brightsparks.com/

After your purchase, refunds will only be given at the discretion of the Company Management.

EVALUATION AND REGISTRATION

Subject to the terms of this agreement, you are hereby licensed to use the SOFTWARE for evaluation purposes without charge. The evaluation version of the SOFTWARE has limitations and reminders that the SOFTWARE is in use. For a full-featured, unrestricted version, a registration fee is required. Upon payment you will be sent an email that will provide the Serial Number to unlock the SOFTWARE.

SyncBackPro DISTRIBUTION AGREEMENT

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 SyncBackPro (hereinafter referred to as "SOFTWARE").

This AGREEMENT describes the terms and conditions by which AUTHOR will license other parties to distribute the SOFTWARE which is intended solely for distribution as SHAREWARE. No use, distribution or reproduction of the SOFTWARE or copies of the SOFTWARE is authorised except in compliance with the terms and conditions herein. Distribution of the SOFTWARE in accordance with the provisions of this Software Licence Agreement is encouraged.

You should carefully read the following terms and conditions before distributing this SOFTWARE. Unless you have a different licence AGREEMENT signed by AUTHOR, your use of this SOFTWARE indicated your acceptance of this licence AGREEMENT.

By copying or distributing 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 DEFINITIONS

As stated, the SOFTWARE is marketed as SHAREWARE.

Definition of Shareware

Shareware distribution gives users a chance to try software before buying it. If you try a Shareware program and continue using it, you are required to register it (or purchase the Licensed version).

Copyright laws apply to both Shareware and retail software, and the copyright holder retains all rights, with a few specific exceptions as stated below. The author specifically grants the right to copy and distribute the software, either to all and sundry or to a specific group.

Shareware is a distribution method, not a type of software.

GENERAL TERMS AND CONDITIONS

• 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 SHAREWARE (i.e., try-before-you-buy software); it is not public domain or free software or freeware.

• The SOFTWARE shall be identified by name and shall be identified as SHAREWARE in all distribution.

• You may copy and/or distribute the SOFTWARE 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 modify the SOFTWARE or any of its files, and the SOFTWARE must be distributed as a complete package. 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 SHAREWARE, you shall not charge any fee or other compensation for the SOFTWARE, although you may charge a distribution fee for costs associated with distributing the SOFTWARE. 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 non-commercial use, in compliance with the terms and conditions hereof.

• You recognise 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.

• 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 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 the United Kingdom.

SPECIAL TERMS AND CONDITIONS

• Distribution by BBS, on-line Services, FTP, FSP, News, WWW, Satellite, Other File Transfer Protocols: The SOFTWARE and associated files may be copied, used and posted without charge and permission as long as the "General Terms and Conditions" set forth above are complied with.

• Distribution on Floppy Disk / CD-ROM / DVD / Other Disk Types in a non-retail environment: The SOFTWARE and associated files may be copied, and used and posted without charge and permission as long as the "General Terms and Conditions" set forth above are complied with.

• Distribution on Floppy Disk / CD-ROM / DVD / Other Disk Types by Anonymous access FTP/WWW Shareware Archives: The SOFTWARE and associated files may be copied, used and posted without charge and permission as long as the "General Terms and Conditions" set forth above are complied with.

• Distribution on Magazine Companion Disk / CD-ROM / Other Disk Types: The program and associated files may be copied, used and posted without charge and permission as long as the "General Terms and Conditions" set forth above are complied with. We would greatly appreciate if you would contact us about any review(s) you write about the SOFTWARE at:

http://www.2brightsparks.com/contact.html

• Distribution in a Retail Environment, Book Companion Disk / CD-ROM / Other Disk Types (Book): You may not distribute the program without obtaining explicit permission from AUTHOR.

• Other (e.g. Retail not covered above) CD-ROM Shareware Distribution: You may not distribute the program without obtaining explicit permission from AUTHOR.

• Internet Providers Disk / CD-ROM / Demo Disks / Connection Kits / etc.: You may distribute this SOFTWARE on your disk/CD only as bundled shareware with other programs without charge and permission as long as the "General Terms and Conditions" set forth above are complied with. If you intend to provide the program for your own diagnostic purposes then you may not distribute the program without obtaining explicit permission from the AUTHOR.

• Software/Hardware Manufacturers & Suppliers: You may not distribute the program pre-installed or otherwise on the machines you manufacture/distribute/etc. or bundled with your own products without obtaining explicit permission from AUTHOR.

• Other Type of Distribution: Please contact AUTHOR for details.

BY DISTRIBUTING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Freeware

Licensing Terms and Conditions

2BrightSparks grants you a limited non-exclusive license to use FREEWARE downloadable from 2BrightSparks for personal, educational, charity, and commercial use, and donations are entirely optional.

If you are using the SOFTWARE free of charge under the terms of this Agreement, you are not entitled to support although we will respond to support requests if they relate to any SOFTWARE that is not performing it's task correctly (bugs etc).

Our Freeware is licensed to you in accordance with the terms and conditions of this Agreement. You represent and warrant that you will not violate any of the requirements of this Agreement and further represent and warrant that:

- You will not, and will not permit others to:

(i) reverse engineer, decompile, disassemble, derive the source code of, modify, or create derivative works from our Freeware, or

(ii) copy, distribute, publicly display, or publicly perform content contained in this Freeware other than as expressly authorized by this Agreement.

- You will not use our Freeware to engage in or allow others to engage in any illegal activity.

- You will not engage in using our Freeware that will interfere with or damage the operation of the services of any third parties by overburdening/disabling network resources through automated queries, excessive usage or similar conduct.

- You will not sell our Freeware or charge others for use of it (either for profit or merely to recover your media and distribution costs) whether as a stand-alone product, or as part of a compilation or anthology, without explicit prior written permission.

- You will not use our Freeware to engage in any activity that will violate the rights of third parties, including, without limitation, through the use, public display, public performance, reproduction, distribution, or modification of communications or materials that infringe copyrights, trademarks, publicity rights, privacy rights, other proprietary rights, or rights against defamation of third parties.

- You may not claim any sponsorship by, endorsement by, or affiliation with our company.

Limitation of Liability

Please read the LIMITATION OF LIABILITY above which applies to Freeware and Commercial software provided by 2BrightSparks Pte Ltd.

2BrightSparks Pte Ltd: General Terms and Conditions

2BrightSparks Pte Ltd: General Terms and Conditions