Terms & Conditions

End User License Agreement for the use of Fizzik beta software (EULA)

This End-User License agreement ("EULA") governs your use of the software accompanying this agreement. IF YOU CLICK "ACCEPT" OR INSTALL OR USE THE PRODUCT, YOU AGREE TO BE BOUND BY THIS AGREEMENT. If you do not agree to the terms of this EULA, do not click "accept" and do not install or use this product.

1. LICENSE AGREEMENT

This End-User License agreement ("EULA") is a legal agreement between Spry Hive Industries LLC. (“Spry Hive”) and you or any entity you represent (also referred to as “You” or “Your”). Your use of the accompanying software, which includes computer software and associated media, printed materials, user feedback and electronic documentation (collectively, “Software"), is subject to this EULA and other terms and conditions in effect for the product at the time that you install or use the Software. IF YOU CLICK "ACCEPT" OR INSTALL OR USE THE PRODUCT, YOU AGREE TO BE BOUND BY THIS AGREEMENT. If you do not agree to the terms of this EULA, do not click "accept" and do not install or use the Software.

2. SOFTWARE LICENSE GRANT

Subject to the terms and conditions of this agreement, Spry Hive grants to You a non-exclusive, non-transferable license (without the right to sublicense) (a) to install and use one copy of the Software in accordance with the Documentation solely for evaluation purposes, (b) to use the Documentation provided with the Software in support of your authorized use of the Software, and (c) to make one copy of the Software in machine-readable form for backup purposes, provided that all titles and trademarks, copyright, and restricted rights notices are reproduced on the back-up copy. THE SOFTWARE IS NOT LICENSED FOR USE IN A COMMERCIAL OPERATING ENVIRONMENT WHERE IT MAY BE RELIED UPON TO PERFORM IN THE SAME MANNER AS A FINAL-RELEASE COMMERCIAL-GRADE PRODUCT OR WITH DATA THAT IS NOT SUFFICIENTLY AND REGULARLY BACKED UP.

3. SOFTWARE DISCLAIMER

THE SOFTWARE MAY NOT OPERATE PROPERLY, MAY NOT PERFORM ALL FUNCTIONS FOR WHICH IT IS INTENDED OR REPRESENTED, AND MAY NOT OPERATE ERROR-FREE. Spry Hive grants You a license to the Software for the purpose of obtaining feedback on the Software performance and the identification of defects. You are advised to safeguard important data, to use caution and not to rely in any way on the correct functioning or performance of the Software and/or its accompanying materials.

4. TERMS OF USE

Except as otherwise specifically permitted in this EULA, You may not:
(a) Modify or create any derivative works of the Software or documentation, including translation or localization;
(b) Copy the Software except as provided in this agreement or elsewhere by Spry Hive;
(c) Separate the Software, which is licensed as a single product, into its component parts;
(d) Sublicense or permit simultaneous use of the Software by more than one user;
(e) Reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code of the Software (except to the extent applicable laws specifically prohibit such restriction);
(f) Sell, assign, license, disclose, or otherwise transfer or make available the Software under any circumstances;
(g) Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software;
(h) Publish any results of benchmark tests run on any Software to a third party without Spry Hive prior written consent;
(i) Use the Software on a system with more CPUs than the number licensed, by more users than have been licensed, on more computers or computing devices than the number licensed, or by more developers than the number licensed, as applicable; or
(j) Use the Software for your product development or any other commercial purpose.

5. TITLE TO SOFTWARE

THE SOFTWARE IS LICENSED, NOT SOLD. Spry Hive shall own and retain all right, title and interest in and to the Software and any derivative works thereof, subject only to the limited license grant expressly set forth in this EULA. Spry Hive does not grant any express or implied right to You under Spry Hive patents, copyrights, trademarks, or trade secret information except as expressly provided herein. You do not acquire any other rights, express or implied, in the Software. ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO SPRY HIVE.

6. NO PRODUCT SUPPORT

The Software governed by this agreement is experimental, and this EULA shall not create any obligation for Spry Hive to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop the Software either to You or to any other party.

Spry Hive is under no obligation to provide any maintenance, technical support or updates for the Software under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Software will be corrected.

Spry Hive is under no obligation to announce or make available a commercial version of the Software in the future. In the event that Spry Hive, at its sole discretion, supplies any updates or commercial versions of the Software in the future, they may have different features or functionality, or be incompatible with, the Software licensed hereunder.

7. FEEDBACK

You agree to provide to Spry Hive (a) feedback describing your experience with the Software, (b) notice of any problems with the Software, along with sample output when applicable, and (c) documentation containing comments, suggestions or questions that You have regarding the Software (collectively, "Feedback"), whether formally requested to do so or not. You agree to review the related documentation and supporting materials supplied by Spry Hive and provide comments where appropriate to indicate vagueness, typographical errors and incorrect material.

You grant Spry Hive a worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up right to (a) make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any Spry Hive product, technology, service, specification or other documentation (individually and collectively, "Spry Hive Products"); (b) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any Spry Hive Product; (c) solely with respect to your copyright and trade secret rights, to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and (d) to sublicense to third parties any claims of any patents owned or licensable by You that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the feedback or portion thereof incorporated into a Spry Hive Product, technology or service.

Further, You warrant that your Feedback is not subject to any license terms that would purport to require Spry Hive to comply with any additional obligations with respect to any Spry Hive Products that incorporate any Feedback.

8. PERSONAL INFORMATION AND PRIVACY

You agree that Spry Hive and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer system, application software, Web services, 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 Software, and to verify compliance with the terms of this EULA. You allow Spry Hive to use this information, as long as it is in a form that does not personally identify You, to improve our products or to provide services or technologies to You. Spry Hive’s privacy policies, available for review on the Spry Hive website, may modify or amend this provision.

9. CONTENT

The Software permits You to access data, text, music, sounds, photographs, videos and images provided by third parties (collectively, “Third Party Content”) by way of their corresponding services (“Third Party Services”). The use of Third Party Services and/or Third Party Content may be governed by separate agreements, and by using the Software You warrant that You are in compliance with those agreements. You acknowledge and agree that Spry Hive is not responsible or liable for: (a) the availability, functionality, or accuracy of such Third Party Services or Third Party Content; (b) any Content that You may find offensive, indecent or objectionable and that, in this respect, You use the Software at your own risk; and (c) any Content that You create, transmit or display while using the Software, nor for the consequences of your actions (including any loss or damage which Spry Hive may suffer) by doing so. Spry Hive reserves the right (but shall have no obligation) to pre-screen, review, filter, modify, or prevent the display of certain Content during your use of the Software.

10. ADVERTISEMENTS

The Software is supported in part by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to queries made by You, or to content accessed or generated by You, using the Software. In consideration for Spry Hive’s grant of this license to use the Software, You agree that via Spry Hive may deliver such advertising to You via the Software. The manner, mode and extent of advertising by Spry Hive the Software are subject to change without specific notice to You.

11. THIRD PARTY SOFTWARE

Portions of the Software may utilize or include open source or third party software and other copyrighted material (collectively, “Third Party Software”). Third Party Software is provided under the terms of their respective license agreements or copyright notices. Acknowledgements, licensing terms and additional disclaimers for such material are contained in the Third Party Software licenses files that accompany the Software.

12. TERM OF LICENSE AGREEMENT

Your rights with respect to the Software will terminate upon the earlier of (a) the initial commercial release by Spry Hive of a generally available version of the Software or (b) six months after the last date You receive the Software or any update thereto. Either Spry Hive or You may terminate this agreement at any time without notice. This agreement shall terminate automatically if You fail to comply with the terms of this agreement. Upon any termination of this agreement, You must discontinue use of the Software and uninstall and destroy all copies of the Software You have obtained or made.

13. LIMITATION ON LIABILITY

IN NO EVENT WILL SPRY HIVE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER, OR ANY LOSS OF REVENUE, DATA, USE, OR PROFITS, EVEN IF SPRY HIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT OR OTHER LEGAL OR EQUITABLE THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

14. NO WARRANTY

THE SOFTWARE IS BEING DELIVERED TO YOU "AS IS" AND SPRY HIVE AND ITS SUPPLIERS MAKE NO WARRANTY AS TO ITS USE, RELIABILITY OR PERFORMANCE. SPRY HIVE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. SPRY HIVE AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA, DAMAGE TO OTHER SOFTWARE PROGRAMS OPERATED BY YOU, OR THE UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE THE SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE.

15. INDEMNIFICATION

You agree to indemnify and hold Spry Hive, its owners, subsidiaries, affiliates, officers and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Software, or the infringement by You, of any intellectual property or other right of any person or entity.

16. MODIFICATION

Spry Hive may modify the Software and this EULA with notice to You either in email or by publishing content on the Spry Hive website. In the event Spry Hive modifies the Software or the EULA, You may terminate this agreement and cease using the Software.

17. OTHER PROVISIONS

This agreement, and all disputes arising out of or related thereto, shall be governed by and construed under the laws of the State of Washington without reference to conflict of laws principles. All such disputes shall be subject to the exclusive jurisdiction of the state and federal courts located in King County, Washington, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.

You shall not assign this agreement or any rights or obligations hereunder, directly or indirectly, by operation of law, merger, acquisition of stock or assets, or otherwise, without the prior written consent of Spry Hive. Subject to the foregoing, this agreement shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

You understand that the Software is of United States origin and is subject to regulation by the U.S. government and its agencies, which prohibit export or diversion of certain technical products and information to certain countries and individuals. You warrant that You will comply in all respects with all export and re-export restrictions applicable to the technology and documentation provided hereunder.

This is the entire agreement between the parties relating to the subject matter hereof and all other terms are rejected. No waiver or modification of this agreement shall be valid unless in writing signed by each party. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any term or other breach hereof. If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law the remaining provisions of this agreement shall remain in full force and effect.

18. CONTACT INFORMATION

If You have any questions about this EULA, or if You want to contact Spry Hive for any reason, please direct all correspondence to: Spry Hive Industries LLC, 1113 6th Street, Kirkland, Washington, United States of America, or email beta@spryhive.com.