Common Scenarios
Q. I am a consultant who builds custom solutions for my clients, can I purchase a Site license and add fmSpark to my toolbox for when I need it?
A. If you have a custom project that would be a good fit for fmSpark, you can purchase a site or workgroup license on your client's behalf for that project or you client may purchase it themselves. Each client for whom you employ fmSpark in custom work would need their own license.
Q. Can I change the look or branding of fmSpark?
A. Absolutely. You are welcome to modify or extend fmSpark as you need to to make it best work with your solution. We ask that you credit fmSpark to ProofGroup by retaining the first few scripts in fmSpark.fp7 which include our copyright and credit. Your users will never have to see these.
Q. I have already purchased a workgroup license for fmSpark, can I upgrade that to a site license (or single to workgroup, etc.)?
A. Yes, you may purchase the upgrade for the difference in price between the two licenses here.
General License Grant to Install and Use fmSpark
Our single user licenses are just that, for places where FileMaker is not set to run multi-user. If you have more than one person using your FileMaker solution you'd need a workgroup or a site license.
Workgroup licenses let you install and use one instance of fmSpark per site per license. An instance is defined as the integration of one copy of fmSpark into one or more FileMaker based solutions. If you need more than one instance of fmSpark you'll need a site license instead of a workgroup license.
If you sell a vertical application and would like to integrate and bundle fmSpark with your solution you will need a Vertical Market license (an "OEM" license).
Please don't hesitate to get in touch if you have questions.
Integration and Modifications
fmSpark is designed to be integrated into existing FileMaker solutions. Since fmSpark is licensed as an open module, you are free to modify or extend functionality beyond integration as your needs dictate.
Limitation of license rights
You may not resell, lend, give away or otherwise redistribute fmSpark at any time except as provided in a Vertical Market ("OEM) license.
Vertical Market Licenses
Vertical Market licenses are designed to allow FileMaker developers to integrate fmSpark into packages intended for resale. Such packages are generally sold to multiple locations and our Vertical Market license waives the single site license requirement above, replacing it with a world-wide distribution license for one package.
Should you wish to employ fmSpark in more than 1 package you'd need to purchase one Vertical Market license per package. Contact Proof for more info.
All other provisions of the general license remain in force. Specifically, users are enjoined from reselling, lending, or distributing any portion of fmSpark in any form other than as a thoroughly modified, tightly integrated component of another solution of their own design. fmSpark Vertical Market license may be purchased for integration into any vertical market solution that does not compete with products sold by The Proof Group, LLC.
Limited Warranty
The Proof Group LLC warrants that fmSpark will perform substantially in accordance with the accompanying materials for a period of thirty (30) days from the date of purchase. Because fmSpark is designed to be integrated and is open to modifications, Proof cannot warrant or guarantee that fmSpark will perform properly after user modification. You sole remedy under this warranty is the refund of the purchase price of fmSpark.
Proof cannot guarantee that email generated by fmSpark will be delivered.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (THIRTY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE THIRTY (30) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.
Any supplements or updates to fmSpark, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the thirty (30) day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY THE PROOF GROUP, LLC AND THE PROOF GROUP LLC EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED (WHETHER COLLATERALLY, BY STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS BY THE SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE PROOF GROUP LLC SHALL CREATE A WARRANTY. SIMILARLY, NO ORAL OR WRITTEN INFORMATION SHOULD BE CONSTRUED AS TO OFFER A PROMISE OF TECHNICAL SUPPORT, SOFTWARE REPAIR OR MODIFICATION, OR PROMISE THAT THE PROOF GROUP PRODUCTS CAN BE INTEGRATED WITH ANY THIRD PARTY SOLUTIONS OR SOFTWARE. THE PROOF GROUP LLC DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE PROOF GROUP LLC, ITS SUBSIDIARIES, OR ANY OF ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) OR DIRECT LOSS OF BUSINESS, BUSINESS PROFITS OR REVENUE, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROOF GROUP PRODUCTS OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM (WHETHER UNDER CONTRACT, NEGLIGENCE OR OTHER TORT OR UNDER STATUTE OR OTHERWISE HOWSOEVER ARISING) AND EVEN IF THE PROOF GROUP LLC OR A PROOF GROUP REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE PROOF GROUP LLC’S TOTAL LIABILITY TO YOU FOR DAMAGES FOR ANY CAUSE WHATSOEVER NOT EXCLUDED ABOVE HOWSOEVER CAUSED (WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORT, UNDER STATUTE OR OTHERWISE HOWSOEVER ARISING) WILL BE LIMITED TO THE GREATER OF U.S. $5.00 OR THE MONEY PAID TO SEEDCODE LLC FOR THE SOFTWARE THAT CAUSED THE DAMAGES. THE PARTIES AGREE THAT THIS LIMITATION OF REMEDIES AND DAMAGES PROVISION SHALL BE ENFORCED INDEPENDENTLY OF AND SURVIVE THE FAILURE OF ESSENTIAL PURPOSE OF ANY WARRANTY REMEDY.
