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Copyright © 2017-2023 EGO Creative Innovations Limited.
v. 1. Published 01 of February 2023
The following EULA is a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement ("you" or "Customer") and EGO Creative Innovations Limited and sets forth the rights and obligations with respect to TheSprkl licensed by you. By entering into this EULA, you verify that your country of residence is the same as your billing address.
Please revisit this EULA when you purchase TheSprkl licenses. EGO Creative Innovations reserves the right to modify the EULA at any time in its sole discretion. Prior to such changes becoming effective, EGO Creative Innovations will use reasonable efforts to notify you of any such change. Such notice may be made by email to the email address on file in your EGO Creative Innovations account, an announcement on this page, and/or by other means. Modifications to this EULA will only apply to prospective purchases (including any automated renewals). By licensing TheSprkl following any such modifications, you agree to be bound to the EULA as modified.
By purchasing the TheSprkl you are being granted a license to use TheSprkl for specific uses under certain conditions.
The license granted to you is not a sale.
EGO Creative Innovations hereby grants you a limited, non-exclusive, non-transferable license, without the right to sub-license, to use, modify (except as expressly prohibited herein) and reproduce TheSprkl worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein.
The Individual and Company license allows you to use the downloaded/obtained TheSprkl for the creation of multiple End Software Products.
The End Software Product should NOT contain TheSprkl elements/components/pieces in the form of a ready-to-use UI Kit. You have to delete all pages and symbols included in the Styleguide folder (Webflow version), unused library of elements, pages, assets, components (Figma version), unused templates, components, styles, codes, etc. (Flutter and ReactJS).
The license grants you the right to use TheSprkl:
2.1.1 to create an unlimited number of End Software Products for yourself or for clients (a number of “single applications”), and the End Software Product can be distributed for Free.
This license is NOT transferred to final user;
2.1.2 to create an unlimited number of End Software Products for a client, and you can transfer every single End Software Product to your client for any fee. This license is NOT transferred to your client;
2.1.3 to use TheSprkl to create multiple End Software Products for yourself or for multiple clients, and the End Software Product may be Sold (Sell, license, sub-license or distribute for any type of fee or charge). This license is NOT transferred to your client;
2.1.4 to modify or manipulate TheSprkl. You can combine the TheSprkl with other works and make a derivative work from it. The resulting works are subject to the terms of this license;
2.1.5 to create high-load SaaS End Products or similar Software products;
You may NOT:
2.2.1 Make the TheSprkl available for free download on a shared drive, service, software or website for the purpose of exchanging, transferring or distributing;
2.2.2 Redistribute TheSprkl as stock, in a tool or template, or with source files, either on its own or bundled with other items, and even if you modify the TheSprkl;
2.2.3 Сreate conditions under which the TheSprkl may be extracted from a End Software Product; The End Software Product should NOT contain TheSprkl elements/components/pieces in the form of a ready-to-use UI Kit. You have to delete all pages and symbols included in the Styleguide folder (Webflow version), unused library of elements, pages, assets, components (Figma version), unused templates, components, styles, codes, etc. (Flutter and ReactJS);
2.2.4 Allow third parties access to the TheSprkl for further use, except the Company License as set forth below;
2.2.5 Use the TheSprkl in a way that infringes the TheSprkl’s intellectual property rights or a third party’s trademark or that would lead to a complaint about deceptive advertising or unfair competition;
2.2.6 Use the TheSprkl for SPAM mailings;
2.2.7 Use the TheSprkl for pornographic, illegal or immoral purposes;
2.2.8 Any forbidden use of the TheSprkl shall be considered as copyright infringement. You shall be liable for all damages caused by copyright infringement, including any claims made by third parties. Also, EGO Creative Innovations reserves the right to recall your license of TheSprkl you have used in a manner considered as copyright infringement.
2.2.9 Use TheSprkl in any application allowing an end user to generate, customize and receive an End Software Product built with TheSprkl, such as an “on demand”, “made to order” or “build it yourself” application. You can use TheSprkl in this way only if you purchase a separate license for each final product incorporating TheSprkl that is created using the application (For example: you can't create a website or application builder).
2.3.1 For some Software Digital Assets, a component of the Software Digital Asset might be sourced from elsewhere and different license terms may apply to the component, such as someone else’s license or an open source or creative commons license. If so, you will find the component identified in the Software Digital Asset’s description page or in the Software Digital Asset’s downloaded files. The other license will apply to that component instead of this license. This license will apply to the rest of the Software Digital Asset (For example: Application template might contain images licensed under a Creative Commons CCBY license. The CCBY license applies to those specific images. This license applies to the rest of the Application template).
2.4.1 Individual license is single seat license. A single-seat license authorizes only one (1) person (user) to download and use TheSprkl.
2.4.2 You are allowed to transfer materials or derivative work containing TheSprkl to third parties for reproduction within the scope of the permitted uses, provided they don’t receive any additional rights to the TheSprkl and cannot access the TheSprkl or extract them from materials you provided.
2.4.3 You are allowed to utilize repositories, like GitHub, to manage the source code and share it between developers, provided the only one developer works with the TheSprkl simultaneously.
2.4.4. You are NOT allowed to transfer TheSprkl from one Webflow account to another.
2.5.1 Company license is a multiply-seat license. A multiply-seat license authorizes multiple persons (users) to download and use TheSprkl. All authorized users shall be a part of one Company (Legal entity, or team, or directly affiliated group).
2.4.2 You are allowed to transfer materials or derivative work containing TheSprkl to third parties for reproduction within the scope of the permitted uses, provided they don’t receive any additional rights to the TheSprkl and cannot access the TheSprkl or extract them from materials you provided.
2.4.3 You are allowed to utilize repositories, like GitHub, to manage the source code and share it between developers.
4.1 All Digital Assets distributed at TheSprkl Store as Free or Freebies are subject of the Creative Common Attribution-NoDerivatives 4.0 International (CC BY-ND 4.0) license license.
Except as expressly stated in writing, EGO Creative Innovations makes no representation or warranties in respect of TheSprkl and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
TheSprkl AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY SOFTWARE DIGITAL ASSETS AS WELL.
TheSprkl contains copyrighted EGO Creative Innovations trade secrets, and other proprietary EGO Creative Innovations sources.
EGO Creative Innovations' name, logo and graphics or code source file that represents TheSprkl shall not be used in any way to promote products developed with EGO Creative Innovations TheSprkl. EGO Creative Innovations retains sole and exclusive ownership of all rights, title and interest in and to EGO Creative Innovations TheSprkl and all Intellectual Property rights relating thereto.
All files and other data included in all purchases on TheSprkl Store are an integral part of TheSprkl and are copyright by EGO Creative Innovations.
You will indemnify, hold harmless, and defend EGO Creative Innovations, its employees, agents, and distributors against any and all claims, proceedings, demand, and costs resulting from or in any way connected with your use of EGO Creative Innovations' TheSprkl.
In no event (including, without limitation, in the event of negligence) will EGO Creative Innovations, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, TheSprkl or the use or inability to use TheSprkl or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
EGO Creative Innovations' entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the TheSprkl (maximum being the lesser of the amount paid by you and the suggested retail price as listed by EGO Creative Innovations) in exchange for the return of the product, all copies, registration papers and manuals, and TheSprkl that constitute a transfer of license from the customer back to EGO Creative Innovations.
This Agreement shall be governed by the law of Hong Kong applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of the Hong Kong therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease the use of EGO Creative Innovations’ TheSprkl and destroy all copies of TheSprkl supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
