This End-User License Agreement (“Agreement”) is entered into by and between You [“Customer”, according to the definition provided in clauses 1.2 to 1.4 of Extmag Terms and Conditions], established and existing under the law of Ukraine.
- This Agreement comes into effect when the Customer completes the purchase of the Software at extmag.com website according to clauses 2.1 and 2.2 of Extmag Terms and Conditions and receives a copy of the Software via Customer Account or other means at our discretion, according to articles 3 and 4 of Extmag Terms and Conditions.
- By purchasing the Software, the Customer acknowledges that they have read this Agreement, agree to the content of the Agreement and its terms, and agree to use the Software in compliance with this Agreement.
- Extmag is the sole intellectual property and copyright holder of the Software. All now known or hereafter known tangible and intangible rights, title, interest, copyrights and moral rights in and to the Software, all logical and technical components of Software constituting integral parts of such Software, including but not limited to object and source code, technical documentation, algorithms, databases, UI design components, images, videos, animations, audio, text, data are owned by Extmag.
- The Software or a portion of it is Extmag’s intellectual property and a copyrightable matter and is liable to protection by the law. Any Customer activities that infringe this Agreement and/or Extmag Terms and Conditions, violate the intellectual property right and copyright and will be prosecuted in accordance with the applicable law.
- According to the present Agreement, Extmag grants the Customer a revocable, non-exclusive, non-transferable, limited license to download, install and use the Software for their personal/business needs and purposes in accordance with this Agreement and Extmag Terms and Conditions.
- For the avoidance of doubt, the Agreement does not transfer the intellectual property right and/or the Copyright of Extmag to the Customer.
- This Agreement grants the Customer the right to use one copy of the Software per one Magento and one PC installation in accordance with the terms of the Agreement.
- The Customer agrees and accepts that the number of licenses purchased from Extmag must at all times correspond to the number of Customer’s Magento and PC installations.
- The Customer agrees and accepts that they will not use the Software for any purposes other than their personal and/or business use and in strict accordance with the present Agreement and Extmag Terms and Conditions.
- The Customer shall not give away, license, sub-license, sell, rent, lease, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software and Documentation, or make the whole Software or Documentation or part of it available to any third parties, including in the form of a resellable customized solution.
- Demo Software must be removed after 14 days of use from all devices on which they were installed.
- In case a necessity to transfer a license to a third party arises, the Customer must send a written request to Extmag stating (a) the account email from which the transfer is requested; (b) the list of Software licenses to be transferred, including the Order ID associated with each license and the date the order was completed; (c) the reason for the transfer; (d) the account email to which the transfer is requested.
- Extmag shall request written consent from both account emails by sending a corresponding email notification.
- In case one or more account emails fail to provide the consent, the transfer shall not be completed.
- Extmag reserves the right to deny the license transfer without stating further reasons.
Limitation of Liability
- Extmag shall not be liable to the Customer for any damages, including but not limited to loss of profit and/or saving, or identical, or consequential, caused to the Customer, Customer’s information and/or business entity, arising out of the use or inability to use the Software.
- Extmag shall not be liable for prosecution arising from the use of the Software against the law or for any illegal activities by the Customer with the use of the Software.
Term and Termination
- This Agreement remains effective until terminated by the Customer or Extmag.
- The Customer may withdraw from the license in cases and following the provisions of article 5 of Extmag Terms and Conditions.
- Extmag reserves the right to terminate Customer’s license in case such Customer fails to use the Software in accordance with the terms and provisions of this Agreement and/or Extmag Terms and Conditions.
- In case Extmag initiates the termination of license as described hereby, the cost of the Software is not refundable to the Customer.
- Regardless of the party initiating the termination of the license, the Customer shall uninstall and destroy any and all copies of the licensed Software immediately after the termination and/or receiving the termination notice from Extmag.
- In case the Customer continues to use the Software after the termination of the license, they hereby agree to accept an injunction to enjoin them from its further use and to pay all costs (including but not limited to reasonable attorney fees) to enforce Extmag’s revocation of Customer’s license and any damages suffered by Extmag due to the misuse of the Software.
- This Agreement has been valid and effective since August 15rd, 2020.
- This Agreement cancels the terms of the previous Agreement.
- Extmag reserves the right to adopt any changes and amendments hereto. The up-to-date version hereof is available on extmag.com.
- Potential disputes between Extmag and its Customers may be subject to an out-of-court settlement in accordance with clause 10.4 of Extmag Terms and Conditions.