Intellectual Property Rights: patents, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Results: means the packaging design concept images generated from the User's input of the User Materials into Spring.
User Materials: means the information, data, product and specifications, product and packaging descriptions, design style selections, colours, materials, content or any other information and selection combinations submitted and uploaded to Spring or provided to Sourceful in connection with the User's use of Spring.
Viruses: means any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware, network, data, or the user experience, including worms, Trojan horses, viruses and other similar things or devices.
2. Access to Spring
2.3 The rights provided under this clause 2 are granted to the User only and shall not be considered granted to any affiliate, subsidiary or holding company of the User.
2.4 The User acknowledges that Spring may evolve over time and that functionality may be added or removed from time to time in Sourceful's absolute discretion and without the need to give notice to the User.
2.5 The Results generated by the User's use of Spring are to a significant degree dependant on the information uploaded to Spring by the User. Accordingly, Sourceful does not warrant that the User's use of Spring will be uninterrupted or error-free, or that Spring and/or the Results obtained by the User through its use of Spring will meet the User's requirements. Sourceful is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of User Materials over communications networks and facilities, including the internet, and the User acknowledges that Spring may be subject to limitations, delays, and other problems inherent in the use of such communications facilities.
3. User's obligations and right to use the Results
3.1 Spring generates Results based on the information provided by the User. The User is and shall at all times remain responsible for making sure that all User materials provided are correct, accurate and not misleading.
3.2 The User shall not access, store, distribute or transmit any Viruses or any material during its use of Spring that is unlawful, harmful, infringing, offensive, discriminatory, or which facilitates illegal activity or depicts sexually explicit images or causes damage or injury to any person or property. Sourceful reserves the right, without liability or prejudice to its other rights to the User, to disable the User's access to any material that breaches the provisions of this clause 3.2.
3.4 The User may publish one of the images generated by Spring as part of the Results on the User's own social media accounts, subject always to clause 3.5 below.
3.5 Users must include and retain at all times Sourceful's copyright notices on all entire and partial copies that the User makes of the Results on any medium.
3.7 The User shall not, and shall not attempt to: (a) access all or any part of Spring in order to build a product or service which competes with it; (b) use the Results to build an identical or similar product internally without Sourceful; (c) make the Results available to any third party, including to use those Results to build an identical or similar product with a third party; or (c) attempt to obtain, or assist any third party in obtaining, access to Spring or the Results.
3.8 If the User wishes to use the Results to produce specific packaging for relevant products based on the Results, the User should contact Sourceful to arrange for Sourceful to design, create and supply relevant packaging based on the Results.
Access to and use of Spring is provided to the User by Sourceful free of charge. Sourceful reserves the right to charge the User for any design or additional services which arise out of the Results or the User's use of Spring.
5. Intellectual property rights
5.3 The User acknowledges and agrees that Sourceful may use Results, including any User Materials (but excluding any personal data): (i) on its website in order for other users of the website to use the same or similar designs to generate their own packaging; and (ii) for its own marketing and promotional purposes, including publishing and using copies of the Results and User Materials (excluding personal data) in any marketing and advertising materials.
5.4 The User hereby grants to Sourceful a fully paid up, non-exclusive, royalty free, non-transferable licence to copy and modify any of the User Materials provided by the User to Sourceful for: (i) the purpose of providing Spring to the User; and (ii) for the purpose set out in clause 5.3 above.
5.5 To the extent that the User does not want to permit Sourceful to use its User Materials for the purpose set out in clause 5.3 above, the User may email email@example.com with the subject line 'Spring Request Opt Out', explaining that the User wants to opt out of the licence granted by it to Sourceful under clause 5.3(ii) above. Notwithstanding this clause 5.5, the User acknowledges and agrees that nothing shall prevent Sourceful from using the Results (excluding any User Materials) for its own marketing and promotional purposes.
6. Exclusion of warranties
6.1 Spring and the Results are provided to the User 'as is', and any use by the User of Spring will be at the User's sole risk. Sourceful makes no warranties relating to Spring or the Results and expressly disclaims all warranties, express and implied, including without limitation, those of merchantability, or fitness for a particular purpose. The foregoing provision shall be enforceable to the maximum extent permitted by applicable law.
6.2 Sourceful only supplies Spring and the Results for the User's own internal business use. The User agrees not to use Spring and/or the Results for any re-sale purposes.
7. Limitation of Liability
8. Suspension or withdrawal of Spring
8.1 Spring is made available free of change. Sourceful reserves the right to suspend Users' access to Spring at any time, at its sole discretion.
8.2 Sourceful does not guarantee that Spring, or any content on it, will always be available or uninterrupted. Sourceful may suspend, withdraw or restrict the availability of all or any part of Spring for business or operational reasons. Sourceful will try to give the User reasonable notice of any suspension or withdrawal.
(a) Each party undertakes that it shall not at any time disclose to any person or use any confidential information concerning the business, affairs, customers, the Results, clients or suppliers of the other party, or such other information which ought reasonably to be regarded as confidential, except as permitted herein. This clause 10.4 shall survive for five (5) years following receipt of confidential information from the other party. Information shall not be deemed to be confidential if such information:
(ii) is in the possession of the receiving party prior to receipt thereof from the other party;
(iii) is independently developed by the other party; or
(iv) is lawfully disclosed to the receiving party by a third party who is not subject to a confidentiality agreement or obligation relating to such disclosure.
(b) Each party may disclose the other party’s confidential information:
(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority. No party shall use the other party's confidential information for any purpose other than the Permitted Purpose.