Viscosity End User License Agreement (EULA)
By installing, operating, distributing, or otherwise using Viscosity you agree to the terms of this End User License Agreement. If you do not agree to the terms of this License Agreement, do not install or use Viscosity.
1. LICENSE. Your rights and obligations with respect to the use of Viscosity are as follows. You may: (a) make copies of Viscosity for archival purposes, or copy Viscosity onto the hard disk of your computer and retain the original for archival purposes; and (b) use Viscosity in accordance with any additional permitted uses set forth below. You may not: (a) sublicense, rent, or lease any portion of Viscosity; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of Viscosity, or create derivative works from Viscosity; (b) use Viscosity in any manner not authorized by this license; nor (c) use Viscosity in any manner that contradicts any additional restrictions set forth below.
2. EVALUATION. Viscosity is not free software. You may use this software for evaluation purposes without charge for a period of 30 days. To continue using the software beyond the 30 day evaluation period, you must register it.
3. REGISTRATION. (a) Individual Registration. If you have purchased an individual registration, also known as a "single user" and "single person" registration, you may install and register Viscosity on up to three computers, provided that you are the sole user of Viscosity on these computer/s. (b) Volume Registration. A company or other organization may purchase a volume registration, also known as a "volume license" and a "site license". A volume registration permits either (i) Viscosity to be installed and registered on multiple computers owned or operated by the company or organization, where each installation counts as an allocated seat; or (ii) Viscosity to be installed and registered by a number of users, where each user counts as an allocated seat, and each user may install and register Viscosity on up to three computers owned or operated by the company or organization provided that they are the sole user of Viscosity on these computer/s. As long as the total number of seat allocations do not exceed the registered number of seats, you may: (i) distribute Viscosity to users as governed by section 4 below; and (ii) allow an employee to install and register Viscosity on their personal computer for use in the course of their employment, where the user or their computer is as an allocated seat. (c) Server-Locked Registration. If you have purchased a server-locked registration, also known as a "server-locked license", you may: (i) distribute Viscosity to users as governed by section 4 below; and (ii) allow any user associated with your company or organization, including, but not limited to, employees, students, parents, contractors, and visitors, to install and register Viscosity on their work or personal computer/s for the sole use of connecting to the server DNS or IP addresses associated with the registration.
4. REDISTRIBUTION. You may provide unmodified copies of Viscosity under these conditions: (a) distribute only the unregistered version of Viscosity; (b) provide exact, unmodified copies of Viscosity including all accompanying files, this License Agreement, and all copyright, trademark, proprietary, and other notices; (c) reference the official Viscosity website of https://www.sparklabs.com/viscosity/; and (d) the total price of a compilation (such as a DVD-Disc) that includes Viscosity must be no more than $1 USD per package in the compilation. You may provide modified copies of Viscosity under these conditions: (a) Viscosity is only modified by bundling it to include connection files and/or preference settings; and (b) You have a Volume Registration or Server-Locked Registration and are distributing Viscosity only to users or machines covered by this registration.
5. UPGRADES. Upgraded versions of Viscosity are announced on the Viscosity website. Upgrades may include additional features and/or bug fixes over previous releases. Registered users are entitled to receive free upgrades for all minor-point (1.x) version releases.
6. SUPPORT. Support is available online via the Viscosity website and email under these conditions: (a) we guarantee that we will respond to the best of our ability, and as promptly as is reasonably possible, to all reasonable queries received from registered users; and (b) in the case of registrations that cover multiple users, we may ask that the organization designate one user as the contact point to receive support requests from other users and filter out duplicates.
7. THIRD-PARTY SOFTWARE. Portions of the code included in or with Viscosity may contain, or may be derived from, third-party code, including without limitation, open source software. All use of third-party software is subject to and governed by the respective licenses for the third-party software. These licenses are available at the third-party licenses page (https://www.sparklabs.com/company/legal/thirdparty/) for the most recent version of the software, as well available as part of the software installation. Where a third-party license requires that the source code of the covered software or components be made available such as, but not limited to, the GNU General Public License, you may request a copy of the source code by following the offer instructions included with the third-party license.
8. LIMITED WARRANTY AND LIMITATION OF REMEDIES. The software and documentation for Viscosity are offered AS IS and WITHOUT ANY WARRANTY express or implied, including but not limited to warranty of design, merchantability, or fitness for a particular purpose. In no event will SparkLabs be liable for any damages, including lost profits, lost savings, data theft, or other incidental or consequential damages, even if SparkLabs is advised of the possibility of such damages, or for any claim by you or any third party.
9. ACKNOWLEDGMENT. You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions.
SparkLabs® and Viscosity® are registered trademarks of SparkLabs Pty Ltd. Any unauthorized use is expressly prohibited.
1. WHAT INFORMATION DO WE COLLECT? We collect information from you when you register on our site, place an order or subscribe to our newsletter. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address or phone number. You may, however, visit our site anonymously.
2. WHAT DO WE USE YOUR INFORMATION FOR? Any of the information we collect from you may be used in one of the following ways: (a) To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs); (b) To process transactions. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested. The email address you provide for order processing, will only be used to send you information and updates pertaining to your order; (c) To send periodic emails. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email. All periodic emails are opt-in: we will never send you periodic emails without your consent.
3. HOW DO WE PROTECT YOUR INFORMATION? We implement a variety of security measures to maintain the safety of your personal information when you place an order. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to?keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
5. DO WE DISCLOSE ANY INFORMATION TO OUTSIDE PARTIES? We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
6. THIRD PARTY LINKS. Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
7. CALIFORNIA ONLINE PRIVACY PROTECTION ACT COMPLIANCE. Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
8. CHILDRENS ONLINE PRIVACY PROTECTION ACT COMPLIANCE. We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
In certain instances you may be eligible for a refund if desired. We hope our products exceed your expectations, but in the rare instance they don't please read this document to ensure you understand our Refund Policy.
As SparkLabs is based in NSW, Australia, we comply with the refund regulations of the NSW Fair Trading Act. Refund requests must be received in writing. Refunds will be given at the discretion of SparkLabs management.
Our products can be downloaded and used at no cost for a trial-period of 30-days. The products are fully functional during this time and not restricted in any way. This provides the ability to completely test out the product to ensure it is fit for purpose and understand the job the product is designed to do. Hence:
* Refunds will not be given if a customer changes their mind.
* Refunds will not be given if the customer believed the product performed a different job than it actually does.
* Refunds will not be given if we have incurred significant support costs.
We do understand that mistakes can be made, and generally we will try to refund a purchase regardless of the reason. However we do ask that customers make use of the 30-day trial period, and we reserve the right to adhere to the refund rules specified above.
If a refund is given, the license serial/key for the purchase will be disabled.