1. Preamble: This license governs the relationship between customer (hereinafter: Licensee) and Software provider as identified in order details (hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using purchased software (hereinafter: The Software) created and owned by Licensor, as detailed herein
2 License Grant: Licensor hereby grants Licensee a Personal, Non-assignable & non-transferable, Commercial, Royalty free, Including the rights to create but not distribute derivative works, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running the Software.
2.1. Limited: Licensee may use the Software for the purpose of:
2.1.1. Running the Software on Licensee’s Website and Server[s];
2.1.2. Allowing 3rd Parties to run the Software on Licensee’s Website and Server[s];
2.1.3. Publishing the Software’s output to Licensee and 3rd Parties;
2.1.4. Distribute verbatim copies of the Software’s output;
2.1.5. Modify the Software to suit Licensee’s needs and specifications.
2.2. Non Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under this license.
2.3. Commercial, Royalty Free: Licensee may use the Software for any purpose, including paid-services, without any royalties, but only only for purposes that are permitted by law.
2.4. Including the Right to Create Derivative Works: Licensee may create derivative works based on the Software, including amending Software’s source code, modifying it, integrating it into a larger work or removing portions of Software, as long as no distribution of the derivative works is made.
3. Separate licenses: 3rd party software and binaries that might be included and used by The Software have to be used according to their original licenses.
4. Term & Termination: The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee’s license in the case where Licensee :
4.1. became insolvent or otherwise entered into any liquidation process; or
4.2. exported The Software to any jurisdiction where licensor may not enforce his rights under this Agreement; or
4.3. Licenee was in breach of any of this license's terms and conditions and such breach was not cured, immediately upon notification; or
4.4. Licensee in breach of any of the terms of clause 2 to this license; or
4.5. Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under this License.
5. Payment: In consideration of the License granted under clause 2, Licensee shall pay Licensor a fee, via Credit-Card, PayPal or any other mean which Licensor may deem adequate. Failure to perform payment shall construe as material breach of this Agreement.
6. Upgrades, Updates and Fixes: Licensor may provide Licensee, from time to time, with Upgrades or Fixes, as detailed herein and according to his sole discretion. Licensee hereby warrants to keep The Software up-to-date and install all relevant fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by Licensor. Licensor shall provide any Fix free of charge; however, nothing in this Agreement shall require Licensor to provide Fixes.
6.1. Upgrades: for the purpose of this license, an Upgrade shall be a material amendment in The Software, which contains new features and or major performance improvements and shall be marked as a new version number. For example, should Licensee purchase The Software under version 1.X, an upgrade shall commence under number 2.0.
6.2. Fix: for the purpose of this license, a fix shall be a minor amendment in The Software, intended to remove bugs or alter minor features which impair the The Software's functionality. A fix shall be marked as a new sub-version number. For example, should Licensee purchase the Software under version 1.1, an upgrade shall commence under number 1.2.
7. Support: The Software is provided under an AS-IS basis and without any support, updates or maintenance. Nothing in this Agreement shall require Licensor to provide Licensee with support or fixes to any bug, failure, mis-performance or other defect in The Software.
8. Liability: To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licesee as a result of The Software’s actions, failure, bugs and/or any other interaction between The Software and Licesee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using The Software’s source code.
9. Warranty: The Software is provided without any warranty; Licensor hereby disclaims any warranty that The Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that The Software shall be functional. Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running The Software on License’s Server[s] and Website.
10. Refunds: Licensee is entitled to refund during 14 days after purchase only if The Software doesn't work or perform as claimed and Licensor doesn't provide a fix during 7 days after such claim. Licensee shall comply with Licensor's request for information regarding bugs, defects or failures and furnish him with detailed information and screenshots in a reasonable time. Licensee shall apply all provided fixes and check if any of them fixes the problem.
11. Indemnification: Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Licensor's intellectual property rights or Licensor's title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.
12. Governing Law, Jurisdiction: Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.
13. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of this Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable.