End User License Agreement

This End-User License Agreement (hereinafter "License") is a legal agreement between you, the legal entity or private person who is being licensed to use the Software (hereinafter “Customer”), and ACTEK d.o.o., a private limited liability company registered under the laws of the Republic of Slovenia with business id 6515665000 (hereinafter "MageMe"). The License applies to all products/software/scripts/services (hereinafter "Software") you obtain from MageMe.

The License comes into legal force when the Customer installs, copies, or otherwise uses the Software. If you do not agree to the terms of this License, you are not allowed to install or use the Software.



1. LICENSE

1. MageMe grants you non-exclusive and non-transferable license to use the Software without the rights to sublicense and only as further stipulated under this License. The Customer shall be entitled only to those rights with respect to the Software that are expressly granted under this License.

2. The Software can have one of the following license types:

  • 1. Production license. This license type allows Software usage on a single Magento production instance.
  • 2. Development license. The license type allows the Software to be activated on a development Magento instance for testing purposes. This license doesn't authorise usage on production websites.

3. The Customer should purchase the License before the Software is downloaded.

4. The License rights shall take effect after the License is purchased from MageMe and the respective Software is downloaded, but in case of free products - after the Software is downloaded.



2. COPYRIGHT

1. The Software contains proprietary copyrighted material. It is prohibited for the Customer to create any derivative works or other works that are based upon or derived from the Software in whole or any part of it for commercial or non-commercial distribution purposes, without written permission from MageMe. MageMe retains all right, title, and interest in and to the Software, related documentation and upgrades. All rights not expressly granted by this License are reserved for MageMe. The Customer recognizes that the Software and its components are protected by copyright and other applicable laws.



3. RESTRICTIONS

1. The copy of the Software created or transferred pursuant to this License is licensed, not sold, and the Customer receives no title to or ownership of any copy or of the Software itself. Furthermore, the Customer receives no rights to the Software other than those specifically granted in the License.

2. The Customer is not permitted to:

  • 1. modify or create derivative works from the Software, except when it is done for personal use or for uses permitted by the aforementioned license types
  • 2. give, sell, distribute, sub-license, rent, lease or lend any portion of the Software to anyone
  • 3. use the Software on Magento editions other than it was specified during purchase
  • 4. place the Software in whole or partially on a server so that its source code (except stylesheet, javascript and images) is accessible for viewing, copying or downloading via a public network such as the Internet, including, to place the Software in publicly accessible repositories (e.g. free Github account)
  • 5. remove any Software identification, proprietary, copyright or other notices contained in the Software

3. If MageMe discovers unauthorized use, reproduction, distribution, or other exploitation of the Software, the Customer is liable to:

  • 1. reimburse MageMe for the License costs for each unauthorized use case, reproduction, distribution, or other exploitation of the Software contradictory to this License. For instance, if the Software is installed on more than one production website, than the License cost shall be paid for each such additional website.

    OR

  • 2. reimburse a contractual penalty in the amount of EUR 1,000 for each unauthorized use case, reproduction, distribution, or other exploitation of the Software contradictory to this License and compensate MageMe in respect of any other costs or damages.


4. WARRANTY

1. To the extent permitted by applicable law, the Software is provided to the Customer "AS IS" without any warranty, either express or implied, that the Software usage will be uninterrupted and that all errors have been or can be eliminated from the Software or in respect usability of fitness for a particular purpose. The sole liability of MageMe (and the exclusive remedy of the Customer) for any breach of this warranty shall be, in sole discretion of MageMe, to use commercially reasonable efforts to provide the Customer with an error correction or workaround which corrects the reported nonconformity, to provide the Software upgrades and errors correction for the upcoming Software release or service pack. Or if MageMe determines such remedies to be impracticable within a reasonable period of time, to terminate the License and refund the License cost.

2. The limited warranty provided under the License shall not apply and MageMe shall have no liability to warranty claims arising out of or relating to:

  • 1. a modification of the Software made by anyone other than MageMe
  • 2. defects in the Software due to accident, abuse or improper use by the Customer
  • 3. the Software provided on a no charge or non-commercial trial use basis, if any
  • 4. the Software being incompatible with the Customer’s other hardware or software


5. LIABILITY LIMITATIONS

1. In no event (including, without limitation, in the event of negligence) will MageMe, its employees or associates be liable for any consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, pecuniary loss), in connection with or arising out of or related to this License, the Software or the use or inability to use the Software. MageMe shall not be liable for any prosecution arising from use of the Software against law or for any illegal use.

2. The aggregate liability of MageMe under or in relation to this License, without exceptions, is limited to the amount paid by the Customer to MageMe under this License for the respective License type.



6. AMENDMENTS TO THIS AGREEMENT

1. MageMe reserves the right to change this License and alter its clauses at any given time. The continued use of the Software by the Customer after the changes have been published by MageMe will constitute the acceptance by the Customer of the changed terms.



7. TERMINATION

1. MageMe may terminate this License for any reason or no reason in its sole discretion. Any failure to comply with the terms and conditions of this License will result in automatic and immediate termination of the License in which case the Customer shall immediately cease use of the Software and destroy all copies of the Software supplied under this License. Such termination shall not oblige MageMe to return any amounts received from the Customer pursuant to the License. The financial obligations incurred by the Customer shall survive the expiration or termination of the License.



8. GOVERNING LAW

1. This License agreement and any dispute arising out of or in connection with this License agreement shall be governed by and construed in accordance with the laws of Republic of Slovenia.