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License Agreement

General Conditions

PLEASE READ THE LICENSING AGREEMENT CAREFULLY BEFORE COMPLETING YOUR PURCHASE (WHETHER IT BE VIA INTERNET UPLOAD OR VIA COMPACT DISC OR THROUGH OTHER METHODS). BY COMPLETING YOUR PURCHASE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THE LICENSING AGREEMENT, INSTALLATION AND USAGE OF THE SOFTWARE PACKAGE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT UPLOAD, INSTALL OR USE THE SOFTWARE.


The present License Agreement (hereinafter referred to as “License”) is a legal agreement between You being a legal entity or an individual and Mageix LLC (hereinafter “Owner”), located New York, United States of America; its concerned modules and/or templates using (hereinafter – “software”), and annuls all previous agreement regarding the Software.

The Software is licensed for use strictly within the terms and conditions set forth in the License Agreement. This agreement governs the use of the Software only and does not constitute a sale of the Software itself.

The Owner has the right to amend the License Agreement. You accept and agree to the fact that Your actions shall be deemed to be acceptance and agreement to the amended License Agreement if You use the Software after License Agreements has been amended. The amended License Agreement is to be replaced by the Owner here.

Terms and Definitions

Owner shall mean Mageix LLC, that is the only owner of all Software rights granted by the law of a jurisdiction, including right of property as well as exclusive author and interest rights.

You (or “Your”) are an individual or legal equity purchasing License for Software usage on Your own domain or domains.Software shall mean the modules or/and templates provided by and on www.ixcba.com.License shall mean the Agreement about the Software usage between the Owner and You.

New release product – new version of the Software which contains new features and functions and/or upgraded features and functions. New release products will be defined by an increased version number. For example, version 1.0 will be the new release until replaced by version 2.0.

Web-site shall mean one page or several pages in digital form, accessed and transported with the HTTP / HTTPS protocol.

Domain/URL –shows the locations (address) of the source in network – Internet. For example: URL: http://www.domain.com.Magento is a system of on-line store operation and therefore the modules and templates are designed for such purpose.

 

1. The License Granting and the Software Usage

1.1. The Owner grants You personal, nonnegotiable, nonexclusive property rights for software usage in the shape and form it is in at time of purchase as per one of the set of licensing conditions specified in Clause 2 (LICENSE TYPES) assuming the special rights as follows: You have the right to delete any file from the application which You require to integrate to Your website or software. Once a file has been deleted, the licensing agreement remains in effect for the remaining parts of the Software still in use. These rights are valid in all countries.

1.2. You undertake and obliged to use the Software strictly in frames of License provisions as well as current law of a jurisdiction, provisions and international norms and rules accepted of the corresponded jurisdiction (including the legislation covering export –import of data as well as software from/in United States and other related countries).

1.3. You undertake and agree to assure that neither the Software itself nor its copies shall be copied, duplicated, sold, exchanged, resold by You personally or under Your permission by other individuals/legal equities regardless any purposes, unless it is stipulated by the License or a proper right has been granted You by the Owner in a form of a separate agreement. Also You assure that neither the Software itself nor its copies shall be changed or derivative code or software shall be developed on the basis of the Software or its parts (excepting cases which are restricted by the current legislation, and such restriction should remain in the frame of the part restricted by the legislation). Any action mentioned above is deemed to be the Owner copyright infringement. You agree and take full responsibility for any breach of Your obligations stipulated in Clause 1.3 of the License as well as for all consequences of such breach (including all losses and damages burn by the Owner.

 

2. The License Types

 We currently offer two (2) types of licenses; single domain and wildcard domain licenses. You may select the type that suites your requirements best. Each License has specific options that restrict Software usage. These restrictions can be expanded or cancelled at extra cost to You at the time of License purchase or at any time the License is in effect.

2.1. Single Domain License

2.1.1. This is the most common used license. When you buy a template or an extension with a Single domain license you can use the product on one single domain where only one single ecommerce store is installed.

2.1.2. The Web-site Domain should be provided at the moment of the purchasing.

2.1.3. The Software cannot be installed to more than one domain installation.

2.2. WIldcard Domain License

2.2.1. The Wildcard-domain license gives you permission to use the product on as many sub-domains as you like as long as the primary domain remains the same. For example, you are allowed to use the product on subdomain1.example.com, subdomain2.example.com, subdomain3.example.

2.2.2. Just the main web-site domain should be provided at the moment of the purchasing. You may create and install on as many sub-domains as you require.

2.3. Evaluation License

2.3.1. The Evaluation License is a temporary license issued to allow customers to test the software in their environment before purchasing the actual non-limited license. Evaluation license expires within a set period of time. After this time has lapsed, the software will stop working.

3.1 The License Control

The Software can contain restriction control functions integrated for each License. The restriction control function will not gather any data about You, Your store or Your clients. You are obliged and agree not to edit, modify or delete this function. Editing or removing this file may corrupt your files and render your software unusable.

 

3.2 Warranty information

3.2.1. Disclaimer
The downloaded code should be used at your own risk.

THIS SOFTWARE IS PROVIDED BY THE OWNER "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Please note that any modification done to the code voids this warranty. If you like any changes, modifications done to suit your particular need, we may be able to do this for you at a reasonable additional cost depending on work load and other factors. Also, please note that our licensing process also protects our modules from unauthorized use, distribution, and any other unauthorized activities. Tampering, or modifying code may corrupt your extension or module and render it unusable. In this situation, we may try to help in any economically feasible way; but cannot guarantee that your module may work again without actually replacing it with a completely new one at a full price.  

4. Upgrading

Each License type remains valid for all new release products of the Software issued within 6 months from the date of License purchasing as long as the newly released upgrade is of the same version branch. For example, if a new release marked v.1.0.1.1 is released, a customer with v.1.0.1 is eligible for FREE upgrade. As soon as the six months period expires or the newly released upgrade constitutes a new version of the software, all further upgrading is performed at extra cost to You.

 

5. Installation

5.1. The installation of the Software is performed at an extra charge to you.

5.2. The cost of installation covers assistance in installation, error elimination, module conflicts elimination, configuration assistance; but not code customization or modification.

 

6. Support

6.1. Software purchase includes six (6) months support free of charge beginning on the date of purchase.

6.2. The six (6) month’s free support does not cover error elimination arisen in result of installation performed by You. In case of problems with installation You can purchase installation service by the Owner.

6.3. The free support does not cover assistance in code development and customization as well as assurance of compatibility to, discovered error elimination of, assistance in elimination of errors arising after upgrading the Software and assistance in special requirements connected with but not limited to the software developed by third parties.

6.4. All inquiries to the support department shall only be related to the Software provided on www.ixcba.com.

 

7. Refund

7.1. We do not offer refunds on all sales; however, we do offer a 15 Day Free Evaluation Version of the software for our customers to test prior to purchase. You may download an FREE Evaluation Version from our website and try it for 15 days. This license will automatically expire in 15 days so if you would like to continue using the extension or module, you would need to purchase a full license . 

7.2. Installation costs or customizations services are non-refundable.

7.3. Termination of the Licensing Agreement does not obligate the Owner to refund any of the purchasing price.

 

8. License Agreement Cancellation

8.1. Should you fail to follow the terms and conditions in the Licensing Agreement, the Owner reserves the right to terminate the Agreement and License immediately. You will be notified via email should the Owner exercise this right.

8.2. Notification of License termination shall be sent to You via the mailing address provided at the time of purchase.

8.3.Should the Owner learn of any copyright infringement, the Owner has the right to cancel the License agreement in accordance with valid local, federal and international legislation of intellectual property.

 

9. Guarantees and Property Right

9.1. The Owner declares and guarantees that He is the owner of exclusive property right, copyrights for the Software in whole as well as brands, logo, and is authorized to issue License for using of the Software.

9.2. You admit and agree that the Owner possesses all the rights foreseen by legislation including property rights and exclusive ownership rights related to the Software, the intellectual property rights connected with the Software regardless of whether these rights have been registered or not in any jurisdiction including in those countries where these rights are generally not accepted. You further admit that the Software may contain certain information which is confidential and You agree not to disclose such information without prior written approval by the Owner.

9.3. Unless You are provided written permission by the Owner for Software usage You have no right for usage of brands, logo, names, domains and others belonging to the Owner.

9.4. If You have been granted the right for using any brand or logo by signing a separate written agreement with the Owner You take obligation to use them in accordance with the present License and all conditions and provision being in force as well as recommendations for the brand usage.

9.5. You have no right to delete, hide, or change any notification regarding the Owner’s property rights for the Software (including copyrights and trading brands) which can be received together with the Software or with its support.

 

10. The Owner’s Responsibility Restriction

10.1. The Owner is released of any responsibility for the Software operation as well as its guaranteed service provided that the Software was changed (i.e. features, functions, properties, destination, structure are changed) by means which are not stipulated by the technical documents supplied with the Software, as well as if the Software has been damaged by other software due to the effect of other software, including cases in which the Software has been damaged by virus or other harmful software, or damaged by You or by third Parties both deliberately or accidentally.

10.2. No oral or written information or recommendations received from the Owner are considered as guarantee obligations. This restriction cannot be applied if it contradicts the legislation of Your country.

10.3. Without prejudice to the above mentioned cased in the License, no obligations, guarantees nor other conditions (including all provisions meant, such as: satisfactory quality, suitableness for certain purpose or correspondence to the description) cover the Software and its usage.

 

THE HIGHEST LEVEL STIPULATED BY THE LEGISLATION APPLIED TO THE AGREEMENT AND EXCEPTING CASES STIPULATED BY THE GUARANTEE, THE OWNER IS RELEASED OF ANY RESPONSIBILITY TO YOU FOR ANY LOSS, MORAL DAMAGE, ANY DAMAGE, ANY PROFIT LOSS, ANY INFORMATION LOSS CONNECTED WITH THE USE OF OR THE IMPOSSIBILITY OF USING THE SOFTWARE EVEN IN CASES WHERE PRIOR NOTIFICATION WAS SUBMITTED BY YOU ABOUT THE POSSIBILITY OF SUCH A DAMAGE OR BY CLAIM OF ANY THIRD PARTY. IN ANY CASE, THE RESPONSIBILITY OF THE OWNER CONCERNING ANY PROVISION OF THE LICENSE IS RESTRICTED BY THE ACTUAL AMOUNT PAID BY YOU TO THE OWNER FOR THE SOFTWARE. THE PRESENT RESTRICTION IS NOT APPLICABLE REGARDING THE RESPONSIBILITY WHICH CAN NOT BE EXCLUDED OR RESTRICTED AS PER LEGISLATION.

 

11. Rights and Property Declaration

11.1. All the rights granted clearly as per the License Agreement are reserved by the Owner. The Software is protected by the legislation and copyrights international agreements as well as rights for intellectual property. All the rights: property rights, intellectual property, ownership related to the Software belong to the Owner. You have no right to delete any information concerning the Owner’s copyrights from the Software unless appropriate written permission has been submitted. This Software, including its code, documentation, appearance, structure, and organization is an exclusive product of the Mageix LLC, which retains the property rights to the software, its copies, modifications or merged parts. The Software is protected by copyright and other International laws. 

11.2. You accept and agree that for absence of actions, suits from the side of the Owner concerning any provisions observance as well as any refunds stipulated by the License (or by other documents the Owner possesses as per valid legislation) is not deemed to be the Owner rights refusal nor prevention to use them or refunds.

 

12. Disputes Settlement

12.1. All the disputes related to the present License Agreement are settled by means of negotiations between You and the Owner. The License Agreement as well as Your relationships with the Owner in the frame of the present License Agreement are governed by the legislation of United States. Both You and the Owner agree that dispute which cannot be settled by negotiations is subject for United States courts for settlement of any disputes related to the License. Nevertheless the Owner has the right to claim refund (or apply equal measures stipulated by the general legislation) in court of any jurisdiction.

12.2. The present License Agreement is made in English. In case the Owner provides the translations of English version of the License Agreement, You agree that the translation is provided for convenience only and the relationships between You and the Owner are governed considering the English version of the License. In case of any discrepancy between English version of the License and translations, the English version is preferred.

12.3. The present License Agreement is a contract of adhesion and is deemed to be an acceptance of the present License Agreement in the order stipulated by the License Agreement itself or actual Software. Usage by You is deemed and acceptance and performance of the Licensing Agreement without any amendments and additions on Your part.

12.4. The jural relations between You and the Owner regarding the Software using which are not governed by the present License Agreement, shall be governed by the Legislation applicable to the Agreement such as the Digital Millennium Copyright Act (DMCA) as well as by norms of international legislation, namely by World Intellectual Property Organization Copyright Treaty approved by Diplomatic Conference dd. 20.12.1996., Berne Convention for the Protection of Literary and Artistic Works dd. 24.07.1971. and by other international resolutions.

 

BY CHECKING “I ACCEPT THE LICENSE AGREEMENT” OR BY INSTALLING THIS SOFTWARE, YOU HEREBY AGREE IN WHOLE AND IRREVOCABLY WITH THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT.

If you have any questions regarding the License or You wish to contact the Owner for any reasons, please do so by visiting our Website at http://www.mageix.com/contacts/

 

Last updated on May 28, 2013.