This legal agreement shall, by proxy, also apply to your use of our hosting site located at http://www.tuxfiles.com. It should be noted however that all material hosted on the tuxfiles.com domain is the property of hosting customers, third parties, the open source community or other entities and we make no actual or intellectual claims of ownership to the content there outside of your use of it as defined in the terms below and in our Hosting Terms Of Service Policy (wether specifically mentioned or not).

Definitions:
(a) "User" or "licensee" shall mean you, the end user of the spriteworks.com or tuxfiles.com domains and any of the content available on or from these domains.
(b) "Content", "products" or " services" shall refer to any content available on or from the spriteworks.com or tuxfiles.com domains including (but not limited to) any software, images, services, text or communications including their style, structure, underlying source code or arrangement.
(c) "Agreement", "license" or "contract" shall refer to this document or any of the documents provided with our products or services and confer a legally binding contract between Spriteworks Developments and end users of the spriteworks.com and tuxfiles.com domains and any of the content available on or from these domains.
(d) The terms "Spriteworks Developments", "site" or "domain" shall hereafter, refer to the company (including it's owners, agents, assigns and producers) located at the address: http://www.spriteworks.com and also having a presence at http://www.tuxfiles.com.

General:
(1) By accessing, browsing or using any of the content located on either the spriteworks.com or tuxfiles.com domains in any way, shape or form, you indicate that you understand, acknowledge and agree to the following terms and conditions.
(1a) The spriteworks.com and/or tuxfiles.com domains, including (but not limited to) any software, images, text, communications or other content being offered on them, may at any given time contain typographical errors, inconsistencies, inaccuracies, contradictions, programmatical errors, communicative errors or other errors not specifically named in this agreement including (but not limited to) non-functioning links, broken downloads, delays, interruptions in service or the sites may be partially or completely offline for periods of time. Spriteworks Developments makes no guarantees whatsoever as to the content, quality, accuracy, fitness, availability or thoroughness of said content nor is Spriteworks Developments responsible to any person, organization or other entity for damages caused by or resulting from such errors.
(1b) The spriteworks.com or tuxfiles.com domains may include links to third party sites. Spriteworks Developments is in no way responsible for the content offered via these links or for the content of any website linking to us. Spriteworks Developments makes no guarantees whatsoever as to the content, quality, accuracy, fitness, availability or thoroughness of the information on these sites or the content being offered on them. Accessing third-party sites via these links is done entirely at your own risk.
(1c) Spriteworks Developments makes no guarantees with respect to communication between itself and users of it's websites or users of the content available from it's websites. While every attempt possible will be made to reply to all inquiries (and in a timely manner), there may sometimes be delays, lost email messages, power outages, natural occurrences (ie; "acts of God"), interruptions in service or other conditions which prevent timely communication. By using either the spriteworks.com or tuxfiles.com websites and their content, you indicate that you understand and agree that you may not always receive timely communication and that Spriteworks Developments is in no way responsible to any person or organization for any losses or damages caused by such delays in or lack of communication.
(1d) Users of the spriteworks.com or tuxfiles.com domains and their content understand, acknowledge and agree that there may be delays or interruptions in service while accessing their site(s) or downloading files or that files on either site may at times be unavailable and that we make absolutely no guarantees with respect to the reliability of any services, links to downloadable files or any other content available from either the spriteworks.com or tuxfiles.com domain and are not responsible to any person or organization for any losses or damages caused by such interruptions or delays.
(1e) Spriteworks Developments reserve the right to modify this license agreement at any time and without prior notice and to terminate a license if the licensee breaches any clause(s) described in any portion of this agreement or any agreement included with it's products.
(1f) Certain pages located on the spriteworks.com domain may contain source code that is encrypted for the purpose of hiding, obscuring or otherwise protecting our software examples (ie; "demos") and deterring the theft thereof. By accessing or using this site in any way, you agree not to copy, use, decrypt, decompile, reverse-translate or attempt to discover this encrypted source code or any portion of it.

Refunds:
All of the software available from this site should function without difficulties providing you meet the minimum requirements for using the product. However, if you've met the minimum system requirements and are still unable to successfully install or use a product, you will receive a full and cheerful refund of the original purchase price. Refunds may be claimed within 10 days of the purchase date. Please note that we are unable to provide refunds in cases where a person has changed their mind, cannot provide us with the information we need in order to investigate their claim or the host suddenly changes the server configuration or closes the account, etc. Spriteworks Developments reserves the right to decide, at our discretion, whether facts in a particular case constitute grounds for a refund. In such cases where a refund is deemed appropriate, it will be sent by regular postal mail to the original purchaser in the form of a U.S. or international money order and the end user agrees to completely remove the software product from any and all media and refrain from further use of it. For information regarding refunds of our hosting services, please go here.

Copyright:
The Spriteworks Developments website located at: http://www.spriteworks.com and all software, scripts, "CSS Widgets" and other downloadable content (collectively referred to as "software") which is made available from the spriteworks.com domain, including the layout, structure, source code, design and any documentation included on the site (and in the software) is the exclusive, copyrighted property of Spriteworks Developments and is protected under U.S. and international copyright laws and treaties. Your use of this site and any software or other content available from it is governed by this license agreement and the license agreement included with each software product and in most cases is preceded by an online license agreement that you must first read and agree to prior to purchasing the software.

Liability & Damages:
Spriteworks Developments shall in no event be held liable to users of either the spriteworks.com or tuxfiles.com domains for the content, quality, performance, accuracy, thoroughness, fitness or any other aspect of any information provided by and(or) transmitted from these sites or for any content available on these sites or for any errors in the transmission of such content or information. Nor is Spriteworks Developments responsible to any person, group or organization for any damages, losses, delays or expenses (including but not limited to) special, incidental, indirect, consequential, inconsequential or other damages, loss of data or profits or any other type of damages not specifically named in this agreement arising in any manner out of the user's use of these sites or the content contained therein. Users acknowledge that they assume all risk and responsibility for any losses and/or damages resulting from their use of the spriteworks.com or tuxfiles.com domains and any content located on or originating from them.

Indemnification:
Users of the spriteworks.com and tuxfiles.com domains and their associated content shall agree to indemnify, defend, save  and hold harmless Spriteworks Developments and its owners, agents, producers and assigns from and against any and all claims, demands, liabilities, losses, costs, damages or expenses (including attorney's fees) arising from the user's application of or use of the spriteworks.com or tuxfiles.com websites and their content. This shall include any and all damages or losses that may arise or result from any service provided or performed or agreed to by performed or any product sold or agreed to be sold.

Warranty:
All software, scripts, images, text, files, services, communications and other content transmitted from or available on either the spriteworks.com or tuxfiles.com websites are provided "as is" and without warranties of any kind either expressed, implied or statutory including (but not limited to) implied warranties of fitness for a particular purpose, warranties of title, noninfringement or merchantability.

Non-Discrimination:
Spriteworks Developments does not discriminate against any person or persons, group or organization on the basis of race, color, creed, religion, age, disability, sex, sexual orientation, gender identity, national origin or political affiliation, however, we reserve the right to refuse or terminate sale or service to anyone at any time and for any reason not prohibited by law at our discretion and without post or prior notice.

Governing Law and Venue:
This agreement and all parties, including their rights and obligations hereunder, shall be in all respects construed, interpreted, enforced and governed by and under the laws of the State of Florida, county of Marion. Venue and jurisdiction for all purposes of litigation, arbitration or appeals shall lie exclusively within the State of Florida, county of Marion. If for any reason a court finds that any clause contained within this agreement is unenforceable or invalid, then the remaining ones shall apply.

Acceptance of Agreement:
If any clause contained within this agreement is unacceptable to you, your only recourse is to terminate this agreement by exiting the spriteworks.com domain and to refrain from further use of it or it's content (including but not limited to links and content offered via third party sites that carry our products and/or services). Your continued use of either the spriteworks.com or tuxfiles.com domains and any of their respective content shall constitute binding acceptance of both this agreement as well as the provisions included in our hosting AUP.