READ THIS END USER LICENSE AGREEMENT (“EULA”) BEFORE INSTALLING OR USING THE PRODUCT TO WHICH THIS EULA APPLIES. BY ACCEPTING THIS EULA, AND/OR INSTALLING OR USING THE PRODUCT, YOU AGREE ON BEHALF OF YOURSELF AND YOUR COMPANY (IF APPLICABLE) TO THE TERMS BELOW. IF YOU DO NOT AGREE WITH THESE TERMS, OR DO NOT HAVE THE AUTHORITY TO BIND YOUR COMPANY, DO NOT INSTALL, REGISTER FOR OR USE THE PRODUCT, AND DESTROY OR RETURN ALL COPIES OF THE PRODUCT.
The Company grants you a non-exclusive limited license to use the Software in accordance with this END USER LICENSE AGREEMENT (the “AGREEMENT”)
1.1 Unauthorized Use
You may not place the Software, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from the Company.
Creating any Derivative Works of the Software, or disclosing the source codes of the Software in any way, porting of the Software to other software platforms and systems without prior written approval from The Company is prohibited.
In the case when the Software being purchased or downloaded by You from this web site, contains several standalone software parts or libraries, which work together to perform the intended function of the Software, You may not use these constituent software parts individually as standalone software pieces out of the whole of the purchased Software. Such constituent parts may include plugins, templates, extensions, software libraries, code functions or any other software entity which can work independently as a software system.
You hereby agree that any infringement of the Company's intellectual property shall result in an immediate termination of the license granted hereunder. You may also be subject to further penalties or damages as permitted by the fullest extent of the law. You acknowledge that the actual damages likely to result from breach of this Section are difficult to estimate on the date of this agreement and would be difficult for Company to prove. The parties intend that your payment of the Liquidated Damages Amount would serve to compensate Company for any breach by you of its obligations under this Section, and they do not intend for it to serve as punishment for any such breach by You. Each instance of noncompliance with this prohibition constitutes a separate instance of infringement, and subjects You to a payment obligation in the amount of $150000 USD per infringement, as liquidated damages and not as a penalty.
You may not sub-license, assign, or transfer this license to anyone else without prior written consent from the Company.
You may not claim intellectual or exclusive ownership to any of the Software, modified or unmodified. The Software is property of The Company. The Software is provided "as is" without warranty of any kind, either expressed or implied. In no event shall the Company or our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use the Software.
1.4 Illegal Use
The Software may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. We will be the sole arbiters as to what constitutes a violation of this provision, provided that all such determinations shall be made reasonably in good faith based on applicable law, regulation and the accepted norms of the Internet community.
The Company hereby grants to Licensee and Licensee hereby accepts, a non-transferable, non-sublicensable, perpetual, non-exclusive license to install and use this Software and any accompanying documentation only on a single web site domain (URL) and by strictly adhering to the terms and conditions set forth in this Agreement. If you have multiple subdomains on the same domain you would require a separate license for each subdomain.
You are entitled to free updates of the Software during one year after the date of purchasing the Software.
The Company shall not issue refunds after the Software is shipped\downloaded. Please make sure, before buying a software product (the Software) from this web site, that you have read carefully the description, specifications and all other information published on the software product page of the software product, which you intend to buy.
This Agreement and the Licenses granted hereunder shall last as long as you use the Software in compliance with this Agreement.
The Company may terminate this Agreement and the Licenses granted hereunder if you fail to comply with any of the terms and conditions of this Agreement. Upon termination of this Agreement for any reason the License granted to you hereunder shall terminate automatically and you must immediately cease use of the Software and destroy all copies of the Software in your possession. Unless otherwise prohibited by law and without prejudice to the Company's other rights or remedies, and without limiting the generality of the foregoing, The Company shall have the right to terminate this Agreement and the License granted hereunder immediately in the event that: (i) you breach any of the License restrictions set forth herein, or engage in, or participate with any third party in the unauthorized manufacture, duplication, reverse-engineering, distribution of any software of the Company (including the Software), or engage in any activities involving the Software that are prohibited by law; or (ii) you engage in the unauthorized use of any software of the Company (including the Software) or infringe upon any intellectual property right of the Company.
The Company reserves the right to discontinue at any time any component of the Software, whether or not it is offered as a standalone product or solely as a component of the Software. However, to the extent the Company is obligated to provide support for the Software in accordance with the terms set forth in this Agreement, the Company will provide support for all such discontinued components for a period of six (6) months after the date of discontinuance.
The Company warrants solely that the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days after the date on which you purchase the Software. The Company does not warrant the use of the Software will be uninterrupted or error free at all times and in all circumstances, nor that program errors will be corrected. This limited warranty shall not apply to any error or failure resulting from (i) machine error, (ii) Licensee’s failure to follow operating instructions, (iii) Licensee’s negligence or improper use of the Software, (iv) modifications to the Software by any person or entity other than the Company. In the event of a breach of the foregoing express warranty, Licensee’s sole and exclusive remedy and the Company's sole and exclusive obligation, is repair or replacement of the defective Software. If such remedy fails of its essential purpose, Licensee’s sole remedy and the Company’s maximum liability shall be a refund of the paid purchase price for the defective Software only. This limited warranty is only valid if the Company receives written notice of breach of warranty no later than thirty (30) days after the warranty period expires. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 7, THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
To the maximum extent permitted by applicable law, in no event will the Company be liable for any indirect, special, incidental, or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. In any case, the Company entire liability regarding your use of the Software under this Agreement shall not exceed in the aggregate the sum of the license fees paid to the Company for the Software giving rise to such damages, notwithstanding any failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not be applicable. The Company and its licensors are not responsible for any liability arising out of content provided by Licensee or a third party that is accessed through the Software, on a website built using the Software, any material linked through such content or such website, any add-on modules you develop using the Software. The extent of the Company liability for the limited warranty section shall be as set forth therein.
You agree to indemnify, hold harmless, and defend the Company, its licensors and its resellers from and against any and all claims, lawsuits and proceedings (collectively “Claims”), and all expenses, costs (including attorney’s fees), judgments, damages and other liabilities resulting from such Claims, that arise or result from (a) your use or misuse of the Software or from the websites that you develop and administer through the use of the Software (but excluding such Claims that are solely attributable to infringement of third party intellectual property rights solely as a result of your authorized use of the Software), or (b) the add-on modules you develop using the Software.