This SDK Licence ("Licence") governs your use of the Flourish software development kit ("Flourish SDK"), created and owned by Kiln Enterprises Ltd ("Kiln", "we", "us"). The Flourish SDK allows you to create digital templates for data visualisations and other interactive content.
If you intend to use the Flourish SDK on behalf of a company or other entity, you represent that you have the appropriate authority to bind such company or other entity to this Licence. By accessing or otherwise using the Flourish SDK, you are agreeing to be bound by the terms of this Licence. If you do not agree to these terms, please do not use the Flourish SDK and remove it from your computer. The Flourish SDK is provided on an "as is" basis. This Licence is governed by English law and was last updated on 23 March 2017.
Subject to the terms and conditions set out below, Kiln grants you a revocable, non-exclusive, non-transferable, royalty-free licence to install and use the SDK for the sole purpose of creating digital visualisation templates compatible with Kiln's online platform, Flourish. The term Flourish SDK includes written or electronic documentation containing information about the SDK.
You may distribute the Flourish SDK, provided that you only distribute complete un-modified copies and include a copy of this license and any copyright, patent, trade mark and attribution notices incorporated into the Flourish SDK in all distributions. You agree that you are solely responsible for (and that Kiln has no responsibility to you or to any third party for) any data, content, or resources that you create, transmit or display through the Flourish SDK, and for the consequences of your actions (including any loss or damage which Kiln may suffer) by doing so.
Nothing in this Licence shall cause the ownership of any intellectual property rights of either party to be transferred to the other. As between the parties, all intellectual property rights in the Flourish SDK belong to Kiln. Except as expressly provided by this Agreement, you shall not acquire any right, title or interest in the intellectual property rights in the Flourish SDK (or any part of it). All intellectual property rights and other rights of Kiln which are not expressly granted to you by this Agreement are reserved by Kiln.
The Flourish SDK is provided on an "as is" basis. Except as expressly set out in this Licence and subject only to the below, no implied conditions, warranties or other terms, including any implied terms relating to satisfactory quality or fitness for any purpose, will apply to the Flourish SDK (or any part of it) or to anything supplied or provided by Kiln under this Licence. In particular, Kiln does not warrant or represent that the Flourish SDK (or any part of it) will operate continuously without error or be entirely free of bugs, viruses or other contaminants or will be suitable for your purposes.
Nothing in these terms and conditions shall limit or exclude our liability to you: (a) for death or personal injury caused by our negligence; (b) for fraudulent misrepresentation; (c) for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or (d) for any other liability that, by law, may not be limited or excluded.
In no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer arising from any use of the Flourish SDK shall not exceed £500.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence that is caused by events outside our reasonable control.