Licence Agreement

Licence Agreement

1. General Provisions

1.1.          This Licence Agreement (hereinafter “Agreement”) is concluded by and between M2start OÜ (reg. code 14289895, place of business Paldiski mnt 29, Tallinn 10612, Estonia) (hereinafter “Licensor“) and a private individual or a legal entity (hereinafter “Licensee”) who purchases software modules/extensions (hereinafter “Software”) from Licensor which are available through www.m2start.com.

1.2.          If the Parties have announced their will for the delivery of Software through the webpage www.m2start.com, in whatever means possible, including but not limited to downloading, installing, copying, opening or otherwise using the Software, the Parties shall follow in addition to this Agreement the terms and conditions published on webpage www.m2start.com in the matters concerning their relationship and permission for the performance of rights (incl. licence of software). Parties shall follow the Agreement only in cases where rules are not provided on webpage www.m2start.com.

1.3.          Licensor reserves the right to change this license agreement at any time and impose its clauses at any given time.

 

2.  Object of License

2.1.          Licensor is the copyright holder of Software which is available through www.m2start.com. The Software or a portion of it is a copyrightable matter and is protected by the law. Any activity that infringes terms of this Agreement violates copyright law and can be prosecuted according to the current law. The Licensor reserves the right to revoke the license of any user who is holding an invalid license.

2.2.          This Agreement gives the Licensee the right to use only one copy of the Software on one Magento installation solely for its own personal or business use, subject to all other terms of this Agreement.

2.3.          A separate License should be purchased for each Magento installation.

2.4.          The Software licensed is provided as-is, that is without warranty of any kind and fitness for any particular purpose. The Licensee is solely responsible for assuring that the Software meets its demands and purpose of use. The warranty and/or support for the Software should be purchased separately unless agreed differently between parties.

2.5.          Any distribution of the Software without Licensor’s consent, including noncommercial distribution, is regarded as a violation of this Agreement and entails liability, according to the current law.

 

3. The grant of a licence and use of Software

3.1.          The Licensor gives to the Licensee and the Licensee receives the non-exclusive, non-transferable and non-assignable licence for the use of Software, without the permission to grant sublicence (hereinafter “License”).

3.2.          The Licence is not limited geographically and is valid for the entire duration of the validity of copyrights and/or the termination of the Agreement.

3.3.          The Licence is granted for the version of the Software which is currently available at www.m2start.com. The License shall apply to the Software as is.

3.4.          The Licence grants the use of Software per one installation. The Licensee shall not have the right to sell, transfer, distribute, copy, sub-license, rent, lease or lend any portion of the Software on a server so that it is accessible via a public network such as the Internet for distribution or similar purposes.

3.5.          The Licensee shall not have the right to use any part of the code in whole or in part in any other software or product or website.

3.6.          The Licensee shall not have the right to remove or alter any brand, copyright, disclaimer, terms of use, attribution or any other proprietary notices or marks within the extension code including but not limited to M2start OÜ branding in file names, class names, variables, texts or UI items.

3.7.          The Licensee shall be bound to preserve the copyright information intact.

3.8.         If Licensee is dissatisfied with Licensors product before 30 days after the purchase for any reason, Licensee can receive a full refund unless the copyright is infringed. To get the refund please send an e-mail to info@m2start.com. Licensee's refund request will be handled within 7 business days. Fees for installation, conflict resolution, and customization services are not refundable. All refund requests submitted after 30 days are not accepted.

 

4. Rights and obligations of the Licensee

4.1.          The Licensee has the right to:

4.1.1.     Access, display and integrate the Software with its products and to use the Software together with their integrated products.

4.1.2.     Adapt (by perfecting, changing or reducing) the Software and integrate the adapted version of the Software with their product or use the adapted Software together with Licensee’s products.

4.1.3.     Modify the source code of the Software for the sole purpose of improving functionality between the Software or the adapted version of the Software together with the integrated products.

4.2.          Software developers who have entered into a contractual relationship with the Licensee have the right to use the License when the Object of the License Agreement is used in the interests of the Licensee and according to the License Agreement between the Licensee and the software developer.

 

5. Payment Obligation

5.1.          The Licensee shall pay the fee for the License. The fee shall be paid before downloading the Software and is considered to be paid when it has reached the Licensor’s bank account.

5.2.          The amount of the fee is available at www.m2start.com.

 

6. Liability

6.1.          If the Licensee does not use the Licensor’s help upon installing the Software, then it’s his sole responsibility to have the professional skills needed to install and use the Software correctly. Licensor shall not be responsible due to the misusage or incorrect installation of the Software. The Licensee is aware that if the Software is installed without the Licensor’s help, then conflicts with other software that the Licensee uses might occur for which the Licensor is not responsible for and cannot prevent.

6.2.          The Licensee shall be responsible for updating the correct version of the Software.

6.3.          If Licensee fails to use the Software following the terms and conditions of this Agreement, it constitutes a breach of the agreement, and the license to use the Software can be revoked immediately.

6.4.          In case the Licensee is in breach of any the license terms, the Licensee is obliged to pay a contractual penalty to the Licensor in the amount of 10 (ten) times the price of the Software in 30 (thirty) days from receiving the Licensor’s contractual penalty claim. In case the Licensee does not pay the contractual penalty on time, the Licensor has the right to claim a fine for the delay amounting to 0.2 % of the total sum of the contractual penalty in a year.

6.5.          If Licensee continues to use the Software after Licensor gives a notice of termination of the license, Licensee hereby agrees to accept an injunction to enjoin from its further use and to pay all costs (including but not limited to reasonable attorney fees) to enforce the revocation of its license and any damages suffered by Licensor because of the misuse of the Software and the License.

 

7.  Entry into force and termination of an agreement

7.1.          This agreement shall enter into force on upon payment for the License and is valid until the expiration of the term of copyright.

7.2.          License agreement remains effective until terminated. Licensor shall retain the right to terminate the License to use the Software at any time, if, in its sole discretion, the Licensee is not abiding by the terms of the Agreement, including, but not limited to, obscuring or removing any link or copyright notice as specified in this agreement.

 

8.  License usage confirmation

8.1.          By purchasing the Software the Licensor acknowledges that it has read this Agreement, and agrees to the content of the Agreement and its terms, and agrees to use the Software in compliance with this Agreement.

8.2.          The Licensee confirms that the Licensee is solely responsible for determining the appropriate use and distribution of the Software and assumes all risks associated with exercising the rights granted under the Agreement, including but not limited to the risks and costs of program errors; compliance with applicable laws; damage or loss of data, programs or equipment; suitability for hosting; unavailability or interruption of operations.

 

9.  Final provisions

9.1.          All disputes relating to implementation, alteration, termination or application of the Agreement shall be resolved by negotiations between the Parties.

9.2.          If the dispute cannot be resolved by negotiations, it shall be resolved by the procedure provided by the legislation of the Republic of Estonia at Harju County Court.

9.3.          In other issues not covered in the agreement, Parties shall follow the legislation of the Republic of Estonia.

9.4.          This Agreement shall be governed by and construed and interpreted under Estonian law.