End User License Agreement
IMPORTANT INFORMATION – PLEASE READ CAREFULLY
BY WAY OF THE INSTALLATION, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USE OF OUR SOFTWARE(S), YOU ARE AGREEING TO BE LEGALLY BOUND BY THE HEREIN CONTAINED TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA, YOU THEN HAVE NO RIGHTS TO THE SOFTWARE AND SHOULD THEREFORE NOT INSTALL, COPY, DOWNLOAD, ACCESS NOR USE THE SOFTWARE.
This Software is hereby protected by copyright laws, as well as any other intellectual property laws. This Software is licensed and You fully agree that MageExchange is the copyright holder and owner of this Software. MageExchange reserves the right to revoke the license of any unauthorized user.
MageExchange shall grant to You a non-exclusive license for the use and installation of the Software subject to all the terms and conditions set forth herein. This license grants you the permission to use one copy of this Software on one Magento installation. Furthermore, this EULA shall also govern any and all software upgrades provided by MageExchange that would replace, over write and/or supplement the original installed version of the Software, unless those other upgrades are covered under a separate license, at which those terms of that license will govern.
Should You breach this EULA at any time, You can and will be prosecuted according to the current governing law. If You or are given a full refund or store credit for Your purchase, Your right to the use of the Software will then immediately terminate and shall terminate without any notice being given. However, all provisions of this EULA, with the exception of the License Grant , will remain in effect and thus shall survive termination. Upon termination of the License Grant, You MUST destroy any and all copies of the Software(s). MageExchange reserves the right to revoke the license of any unauthorized user.
The aforementioned Software(s) is protected by copyright and other intellectual property laws and treaties, and as such all rights, title, and interest in and to the content offered, including but not limited to, any photographs, images, video animation, text, and music, that may be incorporated as part of the downloaded Software. Such downloaded Software is protected by copyright laws and international treaty provisions. Therefore, downloaded Software must be treated as any other copyrighted material.
RESTRICTIONS ON USE
As a Licensee holder, You may not:
- Make use of the downloaded Software on more than one domain, computer or server at a time, without prior purchase of additional licenses;
- You may not share, distribute, lend, lease, sublicense or otherwise make available, in any manner whatsoever, to any third party the downloaded Software;
- Modify, adapt, create derivative works from or translate any part of the downloaded Software other than what may be used within Your work for 1 domain in accordance with this License;
- Reverse engineer, decompile or disassemble the downloaded Software, nor attempt to locate or obtain its source code;
- Attempt to alter or remove any trademark, copyright or other proprietary notice contained within the downloaded Software; or
- Make use of any downloaded Software in any manner not stipulated within this EULA or the documentation accompanying the downloaded Software.
MageExchange may find the need from time to time to make available to all license holders updates for the downloaded Software, in accordance with the herein contained terms and conditions of this EULA. It shall be at the sole discretion of MageExchange to make conditional releases of said upgrade to You upon Your acceptance of another EULA or execution of another separate agreement. Should You elect to download and/or install the Software and make use of these updates, You are therefore agreeing to be subject to all applicable license, terms and conditions of this EULA and/or any other agreement.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- a) THE USE OF MAGEEXCHANGE SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. MAGEEXCHANGE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- b) MAGEEXCHANGE AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) MAGEEXCHANGE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) MAGEEXCHANGE SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE MAGEEXCHANGE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY SOFTWARE(S), SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
- c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF MAGEEXCHANGE SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER, SERVER, WEBSITE AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
- d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM MAGEEXCHANGE OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
This EULA, in its entirety, shall be legally binding upon and inure to the benefit of MageExchange and You, our respective successors and permitted assigns. Should any of this provision be deemed invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision contained herein. If there is any waiver of any breach or failure to enforce any of the provisions contained herein, it shall not be deemed as a future waiver of said terms or a waiver of any other provision of this EULA. By using our Software or Services, You agree that MageExchange has the right to update this EULA at anytime without prior written notice to You in advance. This EULA shall be governed solely by the laws of the State of Alabama and of the United States. Should any action arise out of or in relation to this EULA, such action may be brought exclusively in the appropriate federal or state court in Gadsden, Alabama, and as such, You and MageExchange irrevocably consent to the jurisdiction of said court and venue for Gadsden, Alabama.