END-USER LICENSE AGREEMENT
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PURCHASE.
This End-User License Agreement ("EULA") is a legal agreement between you (“USER”, either an individual or a single entity) and GenXPros.net ("LICENSER") for the software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("ECOMMERCE SOFTWARE"). By installing, copying, or otherwise using the ECOMMERCE SOFTWARE, the USER agrees to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the ECOMMERCE SOFTWARE between the USER and the LICENSER, and it supersedes any prior proposal, representation, or understanding between the parties. If the USER is purchasing the ECOMMERCE SOFTWARE for a client, then the client is also bound by this agreement, and the USER must notify them in advance of this end user license agreement which will license their website. If you, the USER, do not agree to the terms of this EULA, do not install or use the ECOMMERCE SOFTWARE.
The ECOMMERCE SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The ECOMMERCE SOFTWARE is licensed, not sold.
Website: A single instance of the ECOMMERCE SOFTWARE installed on a single physical or virtual computer, with the database residing on either that computer, or a single separate physical or virtual computer or group of computers that operate from an outside perspective as a single computer (commonly referred to as a database cluster).
Production Website: A Website installed and published to fulfill the purpose of making the website accessible to its ultimate intended audience such as User's customers, potential customers, partners, affiliates, employees, or anonymous internet users.
Development Website: A Website installed privately for the purpose of performing customization, modification, design, or for pre-loading data, including but not limited to, products, categories, and customers.
Staging Website: A Website installed and published solely for the purpose of testing changes to the ECOMMERCE SOFTWARE or data used by the ECOMMERCE SOFTWARE prior to publishing those changes to the Production Website.
- GRANT OF LICENSE.
- Installation and Use.
Subject to the conditions set forth in this Agreement, the LICENSER grants to USER, a non-exclusive, non-transferable, non-sub licensable, worldwide right to use the ECOMMERCE SOFTWARE to develop and deploy (per license purchased) to the following:
USER must also take all commercially reasonable steps to prevent unauthorized use or duplication of the ECOMMERCE SOFTWARE code.
- (1) Development Website
- (1) Staging Website
- (1) Production Website
- E-Commerce Hosting.
ECOMMERCE SOFTWARE or any derivative of the ECOMMERCE SOFTWARE may not be used to host e-commerce sites for multiple customers or retail stores.
- Backup Copies.
USER may also make copies of the ECOMMERCE SOFTWARE as may be necessary for backup and archival purposes.
- DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- Maintenance of Copyright Notices.
USER must not remove or alter any copyright notices on any and all copies of the ECOMMERCE SOFTWARE.
The USER may integrate the ECOMMERCE SOFTWARE into its applications provided:
- USER retains all copyright notices of LICENSER in any products using the ECOMMERCE SOFTWARE.
- USER prevents unauthorized use or duplication of the ECOMMERCE SOFTWARE code as contained within any product(s) of USER.
- USER may not resell, rent, lease or distribute the ECOMMERCE SOFTWARE as a stand-alone product. The ECOMMERCE SOFTWARE may only be sold and distributed as an integrated part of an application or system created by USER with the proper licenses.
- Prohibition on Reverse Engineering, Decompilation, and Disassembly.
USER may not reverse engineer, decompile, or disassemble the ECOMMERCE SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
USER may not rent, lease, or lend the ECOMMERCE SOFTWARE.
- Support Services.
The LICENSER may provide USER with support services related to the ECOMMERCE SOFTWARE ("Support Services"). Any supplemental software code provided to USER as part of the Support Services shall be considered part of the ECOMMERCE SOFTWARE and subject to the terms and conditions of this EULA.
- Compliance with Applicable Laws.
USER must comply with all applicable laws regarding use of the ECOMMERCE SOFTWARE.
Without prejudice to any other rights, LICENSER may terminate this EULA if USER fails to comply with the terms and conditions of this EULA. In such event, USER must destroy all copies of the ECOMMERCE SOFTWARE in their possession.
All title, including but not limited to copyrights, in and to the ECOMMERCE SOFTWARE and any copies thereof are owned by LICENSER or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the ECOMMERCE SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants USER no rights to use such content. All rights not expressly granted are reserved by LICENSER.
- NO WARRANTIES
LICENSER expressly disclaims any warranty for the ECOMMERCE SOFTWARE. The ECOMMERCE SOFTWARE is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. LICENSER does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the ECOMMERCE SOFTWARE. LICENSER makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. LICENSER further expressly disclaims any warranty or representation to Authorized Users or to any third party.
- LIMITATION OF LIABILITY
In no event shall LICENSER be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the ECOMMERCE SOFTWARE, even if LICENSER has been advised of the possibility of such damages. In no event will LICENSER be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. LICENSER shall have no liability with respect to the content of the ECOMMERCE SOFTWARE or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.