Terms of Use

These Terms of Use were last modified on July 11, 2010.

Copyright Statement

Copyright © 2010 Spark Integration Technologies Inc. All Rights Reserved. Distrix is a registered trademark of Spark Integration Technologies Inc. Distrix System Builder, Distrix System Manager and Distrix Core Services are trademarks of Spark Integration Technologies Inc. All other company and product names mentioned are used only for identification and may be trademarks of their respective companies. These materials are confidential and proprietary to Spark Integration Technologies Inc, and no part of these materials should be reproduced, published in any form by any means, electronic or mechanical, including photocopy or any information storage or retrieval system, nor should the materials be disclosed to third parties without the express written authorization of Spark Integration Technologies Inc.

Terms of Use

ATTENTION: PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING WWW.SPARKINTEGRATION.COM (THIS "WEB SITE"). YOUR USE OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEB SITE.

Spark Integration Technologies Inc. ("Spark") reserves the right to modify these Terms of Use without notice, and any modifications are effective when they are posted here. Spark may, at any time, in its discretion terminate your access to this Web Site. Access to the Web Site may be monitored by Spark. If you are accessing this Web Site as a representative of an organization, these Terms of Use bind both you individually and the organization, and references to "you" and "your" shall be construed to apply to you individually and the organization.

While Spark maintains copyright protection in all materials, information and publications (collectively, "Web Site Information") it places on this Web Site, Spark consents to normal downloading, copying and distribution of the information for non-commercial purposes by you or within your organization only. In consideration of this consent, you agree that copies of the Web Site Information will retain all copyright and other proprietary notices and that you will not modify the Web Site Information in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish or distribute any Web Site Information, in whole or in part, without the prior written consent of Spark.

As a condition of your use of this Web Site, you will not use the Web Site or the Web Site Information for any purpose that is unlawful or prohibited by these Terms of Use. You will not use this Web Site in any manner that could damage, disable, overload or impair the operation of this Web Site or use by third parties.

Certain restricted product information is available on this Web Site only to licensed customers, business partners, or investors of Spark that are registered to receive information via passwords issued by Spark. This restricted information is considered confidential and proprietary information of Spark. If you are a registered customer or a representative of a registered customer or a registered partner or representative of a registered partner or an investor in Spark, Spark authorizes you to download, copy, distribute and use the restricted information for yourself or, if applicable, only within the customer organization, and only for the intended purposes authorized by Spark. Issuance of a registration password is conditioned on the customer's use of the information in accordance with the terms of their license, product or service agreement with Spark. You shall not transfer your password to unauthorized parties. You will immediately notify Spark of any unauthorized use of your password. You are responsible for use of your password. You will not attempt to gain unauthorized access to any Web Site Information or area within this Web Site.

Certain information available on this Web Site is provided by other parties, particularly information about such other parties. You understand that all such information, data, text, software, music, sound, photographs, graphics, video, messages or other materials are the sole responsibility of the party who originated it and that Spark has no responsibility for such content and does not guarantee the accuracy, integrity or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party or a web link to another party's web site an endorsement of such other party, their products or their services.

You may link to the Spark home page but are not authorized to link to any other page on the Spark Web site without the prior express written consent of Spark provided that Spark reserves the right to withdraw this consent at any time in its discretion. You may not use any of Spark's proprietary logos, marks or other distinctive graphics, video or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by Spark; 2) cause confusion, mistake or deception; 3) dilute Spark's' trademarks, service marks or trade names; or 4) otherwise violate applicable law.

Spark makes no representations or promises to develop, provide or market any software, service or product discussed on this Web Site, and you shall not rely on the information provided or the prospect of availability of any software, service or product currently in development or currently anticipated to be made available in the future.

Web Site Information may refer to products, programs or services that are not available in your country. Consult Spark for information about the products, programs and services that may be available to you.

Any software that is available for download from this Web Site is the copyrighted property of Spark and/or its suppliers. Any use or reproduction of any such software and warranties as to such software, if any, are governed by the terms of the license agreement applicable to that software. Any use of any other product or service and warranties as to such product or service purchased by you using, or in connection with, this Web Site, if any, is governed by the terms of the agreement applicable to that product or service.

Neither Spark nor any of its affiliates or suppliers or its or their officers, directors, employees, agents, representatives or subcontractors (collectively "Spark") shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems, utility failures or problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war or other like causes beyond the reasonable control of Spark. Spark shall have no responsibility to provide access to this Web Site if the Web Site is interrupted by any such cause. Spark may discontinue providing access to this Web Site at any time.

Disclaimer, Limitation of Liability and Indemnity

This Web Site and all Web Site Information is provided "AS IS" and WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING THOSE REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

IN NO EVENT WILL ANY MEMBER OF SPARK BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOST REVENUE OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE OR RESULTS OF USE OF THIS SITE OR ANY SITE LINKED TO WWW.SPARINTEGRATION.COM. WITHOUT LIMITING THE FOREGOING, NO MEMBER OF SPARK SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF THIS WEB SITE OR ANY WEB SITE INFORMATION WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LAW OR CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.

You agree to release, defend, indemnify and hold Spark harmless from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of this Web Site or any Web Site Information.

Export and Trade Controls

You agree not to import, export, re-export or transfer, directly or indirectly, any part of this Web Site or any Web Site Information provided on or pursuant to this Web Site except in full compliance with all Canadian, United States, foreign, and other applicable laws and regulations.

Submissions

Any information, material or idea you submit to this Web Site by any means will be treated as non-confidential and non-proprietary and may be used by Spark and its affiliates for any purpose whatsoever, including without limitation the development and/or provision of products and services except that all personal data submitted to this Web Site will be used by Spark in accordance with its Privacy Statement. You shall not post or otherwise transmit to or from this Web Site by any means any defamatory, libelous, obscene, unlawful or pornographic material or any other material or information which could result in any civil or criminal liability. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant Spark all of the license rights granted herein.

Spark does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Spark expressly disclaims any and all liability in connection with User Submissions. Spark does not permit copyright infringing activities and infringement of intellectual property rights on its Web Site, and Spark will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights or contravenes any applicable privacy legislation. Spark reserves the right to remove Content and User Submissions without prior notice.

Restricted Rights Legend

U.S. GOVERNMENT RESTRICTED RIGHTS. UNPUBLISHED-RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES. Use, duplication or disclosure by the U.S. Government of any Web Site Information (all technical data is "Limited Rights Data") or any software (all of which is "Commercial Computer Software") downloaded from this Web Site is subject to restrictions set forth in FAR Section 52.227-14 Alt. III (g)(3), FAR Section 52. 227-19, DFARS 252.227-7014 (b) or DFARS 227.7202, as amended from time to time. Contractor/Manufacturer is Spark Integration Technologies Inc. 1880 West 1st Avenue, Suite 200, Vancouver BC V6A 2C3 Canada. Any contract notices should be sent to this address.

Severability

If any provision of these Terms of Use is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce these Terms of Use.

See Spark's Privacy Statement relating to the collection and use of information through this Web Site.