License Terms

Sun Code Factory LLC. ("us", "we", or "our") operates the https://www.thesharpfactory.com/ website (hereinafter referred to as the "Service"). This page informs you of the End User License Terms and Conditions that govern the purchase and posession The Sharp Factory software and related products and/or services.

SUN CODE FACTORY SOFTWARE LICENSE TERMS



THE SHARP FACTORY PROFESSIONAL 2020 FULL EDITION AND FREE EDITION


These license terms are an agreement between you and Sun Code Factory LLC. They apply to the software named above. The terms also apply to any Sun Code Factory LLC’s services and updates for the software, except to the extent those have different terms.


BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT WITHIN 30 DAYS OF PURCHASE FOR A FULL REFUND. For a refund send an email to refunds@thesharpfactory.com from the email address you used to buy the license.  Further information might be requested by our refunds team in order to complete the refund.



FREE EDITION USE RIGHTS.


If the software is a trial or free edition, this Section applies to your use of this edition.


A. GENERAL.


You may use any number of copies of the trial edition on your devices. You may use the free edition to create and deploy any applications to a production environment. You may also distribute these applications produced with the software.


B. FREE EDITION PERIOD AND CONVERSION.


The FREE EDITION is offered on a 365 day subscription basis. After the expiration of the FREE EDITION period, the FREE EDITION will stop functioning. You may extend the FREE EDITION period for another 365 days by obtaining a new FREE EDITION subscription. You may convert your FREE EDITION rights at any time to the full-use rights described below by acquiring a valid full-use license(subscription) be it ANNUAL or MONTHLY PAID SUBSCRIPTIONS.


C. DISCLAIMER OF WARRANTY.


The FREE EDITION is licensed “as-is.” You bear the risk of using it. SUN CODE FACTORY LLC gives no express warranties, guarantees or conditions. To the extent permitted under your local laws, SUN CODE FACTORY LLC excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement


D. SUPPORT.


Because the FREE EDITION edition is “as is,” we may not provide support services for it. However you are entitled to access Video Tutorials and other documentation provided by SUN CODE FACTORY LLC for the purposes of training and learning; not granting any rights to copy or distribute such materials.


E. LIMITATIONS ON DAMAGES


You can recover from SUN CODE FACTORY LLC only direct damages up to U.S. $1.00(ONE DOLLAR WITH ZERO CENTS). You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.

This limitation applies to (a) anything related to the FREE EDITION version, services, content (including code) on third party Internet sites, or third party programs; and (b) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if SUN CODE FACTORY LLC knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.



FULL EDITION LICENSE TERMS FOR THE SOFTWARE:


When you acquire a valid license through our subscription mechanism, be it ANNUAL or MONTHLY PAID SUBSCRIPTIONS, and enter a valid subscription key AND sign in to the software, the terms below apply. You may not share your subscription key and or subscriber sign in information with anyone in any way other than express authorization described in this document.


1. OVERVIEW.


a. Software.

The software includes development tool and documentation.


b. License Model.

The software is licensed on a per user basis.


2. USE RIGHTS.


a. General.

One user may use copies of the software on your devices to develop and test applications. You may not run the software for for any purpose other than developing and testing your applications.


b. Demo Use.

The use permitted above includes use of the software in demonstrating your applications or the functionality of the software.


c. Number Of Installations

A single user has the right to install the software on up to 5 devices.  This does not grant the user the right to share the licensing or subscription information with other people.


3. DISTRIBUTABLE CODE.


The software produces or generates code that you are permitted to distribute in applications you develop as described in this Section. (For this Section the term “distribution” also means deployment of your applications for third parties to access over the Internet.)


a. Right to Use and Distribute.

Any code PRODUCED or GENERATED by the software is “Distributable Code.”. As the main functionality of the software is to generate code for composing applications. As long as this code it is not part of the software it self it can be deployed or distributed.


b. Distribution Requirements.

For any Distributable Code you distribute, you must:

  • indemnify, defend, and hold harmless Sun Code Factory LLC from any claims, including attorneys’ fees, related to the distribution or use of your applications, except to the extent that any claim is based solely on the Distributable Code.

c. Distribution Restrictions.

You may not:

  • Use Sun Code Factory LLC and/or The Sharp Factory trademarks in your applications’ names or in a way that suggests your applications come from or are endorsed by Sun Code Factory LLC or The Sharp Factory name; or
  • You may not distribute the code produced by the software if the produced application is intended to compete in any way with the The Sharp Factory software or to produce a similar application.
  • The code in the Database.cs file is copyright material belonging to Sun Code Factory LLC. Even though it is generated by the Sharp Factory it can be distributed but only to the extent that it is not used to produce an application with similar code generating functionality than that of the The Sharp Factory or to compete in any way with the The Sharp Factory. This file can be used internally by all applications and it can be distributed as part of applications produced by you.

4. DATA.


a. Data Collection.

The software may collect information about you and your use of the software, and send that to Sun Code Factory LLC.  The only data collected is diagnostic data that help our team make the product better and add corrections or enhancements to current or future versions. Our privacy statement is located at https://www.TheSharpFactory.com/PrivacyPolicy

You can learn more about data collection and use in our privacy statement. Your use of the software operates as your consent to these practices.


b. Processing of Personal Data.

To the extent SUN CODE FACTORY LLC is a processor or subprocessor of personal data in connection with the software, SUN CODE FACTORY LLC makes the commitments in the European Union General Data Protection Regulation Terms of the Online Services Terms to all customers at https://www.TheSharpFactory.com/PrivacyPolicy

6.   SCOPE OF LICENSE.


The software is licensed, not sold. This agreement only gives you some rights to use the software. SUN CODE FACTORY LLC reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways.


You may not:

  • work around any technical limitations in the software;
  • reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software, except and to the extent required by third party licensing terms governing use of certain open source components that may be included in the software
  • remove, minimize, block or modify any notices of SUN CODE FACTORY LLC or its suppliers in the software;
  • use the software in any way that is against the law;
  • share, publish, rent or lease the software, or provide the software as a stand-alone offering for others to use.
  • Sell the software without the express consent of SUN CODE FACTORY LLC.

7. DOCUMENTATION.


Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.


8. NOT FOR RESALE SOFTWARE.


You may not sell or resell the software with the express consent of SUN CODE FACTORY LLC provided in written previous request.


9. RIGHTS TO USE OTHER VERSIONS AND LOWER EDITIONS.


You may use the software and any prior version on any device. You may create, store, install, run, or access in place of the version licensed, a copy or instance of a prior version, different permitted language version, or lower edition

10. PROOF OF LICENSE.


The software can only be purchase online at https://www.TheSharpFactory.com. If you purchased an online copy of the software, your proof of license is the Subscriber Information(email) and the Subscription Token you received with your purchase and your receipt and/or being able to access the software service through your subscriber account at https://www.TheSharpFactory.com.

11. TRANSFER TO A THIRD PARTY.


You may assign a subscription to a third party; effectively giving the user access to use the software. This is considered only a temporary transfer and the actual owner of the subscription can revoke access or re-assign the license to another user.  It is not possible to transfer permanently the subscription or license as it will always remain under the name of the person who purchased it in the first place.


12. SUPPORT.


SUN CODE FACTORY LLC provides support for the software through the following email support@thesharpfactory.com.


13. ENTIRE AGREEMENT.


This agreement (including the warranty below), and the terms for supplements, updates, Internet-based services and support services, are the entire agreement for the software and support services.


14. APPLICABLE LAW.


If you acquired the software in the United States, Florida State law applies to interpretation of and claims for breach of this agreement, and the laws of the state where you live apply to all other claims. If you acquire the software in any other country, its laws apply.


15. CONSUMER RIGHTS; REGIONAL VARIATIONS.


This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. Separate and apart from your relationship with SUN CODE FACTORY LLC, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so.


16.LIMITATION ON AND EXCLUSION OF DAMAGES.


YOU CAN RECOVER FROM SUN CODE FACTORY LLC AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.

This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if SUN CODE FACTORY LLC knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state or country may not allow the exclusion or limitation of incidental, consequential or other damages.


LIMITED WARRANTY


A. LIMITED WARRANTY.


If you follow the instructions, the software will perform substantially as described in the SUN CODE FACTORY LLC materials that you receive in or with the software.

References to “limited warranty” are references to the express warranty provided by SUN CODE FACTORY LLC. This warranty is given in addition to other rights and remedies you may have under law, including your rights and remedies in accordance with the statutory guarantees under local Consumer Law.


B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER.


If the first user transfers the software, the remainder of the warranty will apply to the recipient.


TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY.

Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.


C. EXCLUSIONS FROM WARRANTY.


This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond SUN CODE FACTORY LLC’s reasonable control.


D. REMEDY FOR BREACH OF WARRANTY.


SUN CODE FACTORY LLC WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF THE SOFTWARE WAS PURCHASED AS AN ANNUAL SUBSCRIPTION WITHIN THE 30 DAYS PREVIOUS TO THE REFUND REQUEST SUN CODE FACTORY LLC WILL REFUND THE FULL AMOUNT PAID FOR THE SOFTWARE.

E. CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.


F. WARRANTY PROCEDURES.


You need proof of purchase for warranty service.

1. United States and Canada.

For warranty service or information about how to obtain a refund for software acquired in the United States and Canada, contact SUN CODE FACTORY LLC at:


  • Email refunds@thesharpfactory.com with your request.
  • Mail a letter to: SUN CODE FACTORY LLC 7380 W SANDLAKE RD SUITE 500, ORLANDO FLORIDA 32819 UNITED STATES

G. NO OTHER WARRANTIES.


THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM SUN CODE FACTORY LLC. SUN CODE FACTORY LLC GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, SUN CODE FACTORY LLC EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.


H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY.


THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.