This Commercial License Agreement (“Agreement”) is a legal agreement between you (“Licensee”) and Ludicon LLC (“Ludicon”, “we”, or “us”) and governs your use of spark.js (the “Software”) for commercial purposes. By using the Software under this Agreement, you agree to the terms below.
Subject to payment of the applicable fee, Ludicon grants you a non-exclusive, non-transferable, perpetual license to use and distribute the Software as part of a commercial product (the “Product”), subject to the following conditions:
The Software is only integrated and redistributed in a web application (the Product).
The Software may not be distributed as part of a game engine, middleware, or developer toolset.
The license is granted per project. A separate license is required for each new commercial product.
The license is scoped according to your development budget as follows:
| License Level | Development Budget | Fee |
|---|---|---|
| Indie | Under $1M | $1,000 |
| Pro | Over $1M | $10,000 |
The license includes lifetime distribution rights for the Software as integrated in the licensed Product.
For the Pro tier, one year of technical support is included from the date of purchase.
Your Product must clearly and conspicuously display attribution to spark.js in the following format:
“Powered by spark.js⚡️”
hyperlinked to https://ludicon.com/sparkjs/, and visible to end users.
Commercial Licensees may waive this attribution requirement by purchasing a logo waiver for an additional fee of $5,000.
Indie and Non-commercial Licensees may purchase annual support separately.
Optional support and maintenance pricing:
| Tier | Annual Support Fee |
|---|---|
| Non-commercial | $2,000 |
| Indie | $2,000 |
| Pro | $5,000 |
Support includes technical assistance by email and access to bug fixes or compatibility updates. Support is provided on a reasonable-effort basis and excludes modifications to the Software made by Licensee.
Ludicon retains all right, title, and interest in and to the Software, including all intellectual property rights. This Agreement does not grant any ownership interest. You may not remove or alter any copyright, trademark, or attribution notices included with the Software.
We welcome suggestions and improvements. By submitting any feedback, modifications, or public contributions to the Software, you grant Ludicon a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, incorporate, and distribute such contributions as part of the Software or related offerings.
The Software is provided “as is” without warranty of any kind. Ludicon disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the maximum extent permitted by law, Ludicon shall not be liable for any direct, special, indirect or consequential damages whatsoever resulting from loss of data or profits, whether in an action of contract, negligence or other tortious conduct, arising out of or in connection with the use or performance of the Software, even if advised of the possibility of such damages.
This Agreement is effective upon payment and remains in force perpetually unless terminated. Ludicon may terminate this Agreement if you materially breach its terms and fail to cure such breach within 30 days of written notice. Upon termination, you must cease use of the Software and delete all copies not already embedded in a licensed Product.
Governing Law: This Agreement is governed by the laws of the State of California. Any disputes shall be resolved in Yolo County, California.
Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements or communications.
Amendment: Any changes to this Agreement must be made in writing and signed by both parties.
Severability: If any provision is found invalid, the remainder shall continue in full force and effect.