PLEASE READ THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE DOWNLOADING THE LIGHTCRAFT SPARK DESKTOP APPLICATION (THE “SOFTWARE”) AS IT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND LIGHTCRAFT TECHNOLOGY, INC. (“LIGHTCRAFT”). IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, PLEASE DO NOT DOWNLOAD THE SOFTWARE.

By downloading or using the Software, you agree to be bound by the terms and conditions of this Agreement. Your use of the Software is subject to the Lightcraft Privacy Policy available at https://lightcraft.pro/spark-privacy-policy.

1. Your Ability to Accept this Agreement. You affirm that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

2. Scope of License: Lightcraft grants you a limited, non-transferable, non-exclusive and revocable license to download and use the Software for your business or personal use and in accordance with the terms and conditions of this Agreement. Nothing in this Agreement prohibits you from commercially exploiting the output generated through your authorized use of the Software or from providing such output to third parties.

3. License Restrictions: The rights granted to you under this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Software; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Software, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not access the Software in order to build a similar or competitive service or Software; (d) except as expressly stated herein, no part of the Software may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Software. Any future release, update, or other addition to functionality of the Software shall be subject to this Agreement, unless otherwise provided in terms associated with such addition.

4. Modifications: Lightcraft reserves the right, at any time, to modify, suspend, or discontinue the Software or any part thereof with or without notice. In the future, Lightcraft may offer additional services, features and functionalities. You agree that Lightcraft will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Software or any part thereof.

5. Intellectual Property Rights. You acknowledge that the Software is provided under license, and not sold, to you. You do not acquire any ownership interest in the Software under this Agreement, or any other rights to the Software other than to use the Software in accordance with the license granted under this Agreement, subject to all terms, conditions and restrictions. Lightcraft and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Software and all intellectual property rights arising out of or relating to the Software, subject to the license expressly granted to you in this Agreement. You shall safeguard all Software (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorized access.

6. Trademarks/service marks, logos, slogans and taglines. All trademarks, service marks, logos, slogans and taglines displayed on or through the Software are the property of Lightcraft and its licensors, or their respective owners, and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or through the Software, by implication, estoppel or otherwise, without the express written permission of Lightcraft, or such third-party that may own the trademark, service mark, logo, slogan or tagline. Lightcraft (and its licensors, where applicable) reserve all rights not granted in this Agreement.

7. Feedback. We welcome feedback, comments and suggestions for improvements to the Software (“Feedback”). You can submit Feedback by emailing us at info@lightcraft.pro. You acknowledge and agree that Feedback is not confidential, and you hereby grant to Lightcraft a non-exclusive, transferable, sublicensable, worldwide, royalty-free, perpetual and irrevocable license to reproduce, display, perform, distribute, publish, modify, edit, create derivative works of or otherwise use such Feedback as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion.

8. Termination. We reserve the right, in our sole discretion, to terminate this Agreement for any reason or for no reason whatsoever, including improper use of the Software or failure to comply with this Agreement, and to take any other action we deem appropriate. You agree that Lightcraft shall not be liable to you or any third party for any termination of this Agreement.

9. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LIGHTCRAFT DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LIGHTCRAFT DOES NOT WARRANT THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED, NOR DOES LIGHTCRAFT MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SOFTWARE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO ANY DEVICE, ANY LOSS OF DATA, OR ANY IMPROPER USE OR IMPROPER DISCLOSURE OF INFORMATION CAUSED BY YOU OR ANY PERSON USING THE SOFTWARE INSTALLED ON A DEVICE OWNED OR CONTROLLED BY YOU.

10. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIGHTCRAFT IS NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR DEVICE OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SOFTWARE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF LIGHTCRAFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE LIGHTCRAFT AND HOLD IT AND ITS LICENSORS AND SUPPLIERS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SOFTWARE. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE. WITHOUT LIMITING THE LIMITATION OF LIABILITY IN THIS SECTION 10, IN THE EVENT OF ANY PROBLEM WITH THE SOFTWARE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO UNINSTALL AND CEASE USING THE SOFTWARE.  CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

11. Indemnification. Without limiting the generality or effect of other provisions of this Agreement, as a condition of downloading, accessing or using the Software, you agree to indemnify, hold harmless, and defend Lightcraft and its parents, subsidiaries, affiliates, suppliers and their officers, directors, affiliates, subcontractors, agents and employees, lenders, licensors and suppliers and their parents, subsidiaries, affiliates, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your use or inability to use the Software; (ii) your failure to comply with any applicable laws and regulations; and (iii) your breach of any obligations set forth in this Agreement. You shall not settle any such claim without the written consent of the applicable Indemnified Party.

12. Dispute resolution; Binding arbitration.

a. Agreement to Arbitrate. You and Lightcraft mutually agree that any dispute, claim or controversy arising out of or relating to this Agreement, the Software, or your use of the Software (collectively, “Disputes”) will be resolved exclusively through final and binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify and remain in such court, and (ii) either party may seek equitable relief in court for infringement or misuse of intellectual property rights (including patents, copyrights, trademarks, and trade secrets). This Agreement to Arbitrate is intended to be broadly interpreted.

b. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. Arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”), which are available at www.jamsadr.com. The arbitration will be conducted in the English language by a single arbitrator selected in accordance with the JAMS Rules. Unless you and Lightcraft agree otherwise, any arbitration hearings will take place in Los Angeles County, California. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available under applicable law, the JAMS Rules, and this Agreement. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Lightcraft.

c. Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Lightcraft will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If the arbitrator determines that the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the JAMS Rules and you agree to reimburse Lightcraft for all monies it has paid that are your obligation to pay under the JAMS Rules.

d. CLASS ACTION AND JURY TRIAL WAIVER. YOU AND LIGHTCRAFT AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION AND JURY TRIAL WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID, AND THE DISPUTE SHALL PROCEED IN A COURT OF COMPETENT JURISDICTION. YOU AND LIGHTCRAFT EACH WAIVE ANY RIGHT TO A JURY TRIAL.

e. 30-Day Opt-Out Right. You have the right to opt out of this Agreement to Arbitrate by sending written notice of your decision to opt out to legal@lightcraft.pro within thirty (30) days after first becoming subject to this Agreement to Arbitrate. Your notice must include your name and address, your username (if any), the email address you used to set up your account (if any), and an unequivocal statement that you want to opt out of this Agreement to Arbitrate. If you opt out of this Agreement to Arbitrate, all other parts of this Agreement will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any other arbitration agreements that you may currently have, or may enter into in the future, with Lightcraft.

f. Survival. This Agreement to Arbitrate will survive the termination of your relationship with Lightcraft.

13. Electronic communications. By downloading or using the Software, you consent to receiving electronic communications from Lightcraft. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Software. These electronic communications are part of your relationship with Lightcraft and you receive them as part of your use of the Software. You agree that any notices, agreements, disclosures or other communications that Lightcraft sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

14. Notice to California residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Software or to receive further information regarding use of the Software.

15. Time limitation on claims. You agree that any claim you may have arising out of or related to your relationship with Lightcraft or the Software must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.

16. General. This Agreement shall be governed by the laws of the State of California without regard to its rules on conflicts or choice of law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. This Agreement constitutes the sole agreement between you and Lightcraft for your use and the provision of the Software and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or Lightcraft. Any of the terms of this Agreement which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement or affecting the validity or enforceability of the Agreement as a whole. Failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default. No waiver by Lightcraft of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.