Sparkle is licensed, not sold, to you ("End-User"). Your license to Sparkle is subject to your acceptance of this license. Your license to Sparkle (“Licensed Application”, or “Software”) under this license is granted by Crinon SRL ("Licensor"). Crinon SRL reserves all rights in and to Sparkle not expressly granted to you under this license.
1. Scope of License:
(a) Upfront License Purchase. Licensor grants to you a nontransferable license to use the Licensed Application on any computing device that you own or control. The terms of this license will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application. You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your device to a third party, you must remove the Licensed Application from the device before doing so. You may not copy (except as permitted by this license), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
(b) Subscription. If you purchased the Licensed Application on an online subscription basis, Licensor grants to you a non-exclusive, personal, limited right to use and access the Licensed Application for the subscription period for which you have paid the applicable subscription fees, solely for your own internal business purposes, subject to the terms of this License Agreement and any other terms and conditions accompanying the Licensed Application. Rights of any user licensed to utilize the Software service cannot be shared or used by more than one individual. In addition, a user may not be transferred from one individual to another. If you extend your subscription, you may continue using the Licensed Application until the end of your extended subscription period. See the Licensed Application activation screens or other accompanying materials for subscription details. After the expiration of your subscription, features of the Software will stop running.
2. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
3. Maintenance and Support: Licensor is solely responsible for providing any maintenance and support services with respect to the Licensed Application, or as required under applicable law. Licensor and End-User acknowledge that the merchant (Apple or Paddle.com) has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
4. Termination. This license is effective until terminated by you or Licensor. Your rights under this license will terminate automatically if you fail to comply with any of its terms.
5. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this license or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
6. YouTube embedding. By using the YouTube features including, but not limited to, video search and integration of the YouTube player in your project and website, you are agreeing to be bound by the YouTube Terms of Service.
7. Other Third Parties. End-User must comply with applicable third party terms of agreement when using the Software, for example those of your Domain Registration service, Web Hosting service, Image and Font libraries, Data protection and privacy laws, Payment providers.
8. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. MOREOVER THE MERCHANT (APPLE OR PADDLE.COM) WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE LICENSED APPLICATION.
9. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
10. Refund Policy
a. General Refund Terms: If you are dissatisfied with the Licensed Application, please contact the Licensor directly for support and potential resolution.
b. Refunds for Mac App Store Purchases: If the Software has been purchased from the Mac App Store, and it fails to conform to its described functionality, you may contact Apple to request a refund. Apple is responsible for processing refunds for purchases made through the Mac App Store.
c. Refunds for Paddle.com Purchases: If the Software has been purchased from the Mac App Store, and it fails to conform to its described functionality, you may contact Licensor to request a refund.
d. Refunds for Other Merchants: For purchases made through other merchants, please refer to the respective merchant’s refund policies. Licensor does not process refunds directly for purchases made through other merchants.
11. Legal Compliance: you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
12. Third Party Beneficiary: if the Software has been purchased from the Mac App Store, Licensor and the End-User acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this license agreement and, upon End-User acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against End-User as a third party beneficiary thereof.
13. This Agreement and the relationship between you and Crinon SRL shall be governed by Italian laws. You and Crinon SRL agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Florence, Italy, to resolve any dispute or claim arising from this Agreement.
Crinon SRL can be contacted by mail at the following address:
Crinon SRL
Via Frusa 3
50131
Firenze (Italy)