License Agreement

Last updated on April 21, 2020

General Conditions

PLEASE READ THE LICENSE AGREEMENT CAREFULLY BEFORE PURCHASING OUR SOFTWARE. UPON PURCHASE OF OUR SOFTWARE, YOU AGREE WITH TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT GOVERNING INSTALLATION AND USE OF THE SOFTWARE. IF YOU DISAGREE WITH THIS LICENSE AGREEMENT, PLEASE DO NOT UPLOAD, INSTALL OR USE THE SOFTWARE AND CONTACT US FOR INSTRUCTIONS HOW TO RETURN IT. PLEASE REFER TO OUR TERMS OF USE FOR DEFINITIONS USED HEREIN.

This License Agreement (“License”) constitutes an entire agreement between you and Owner regarding use, uploading and installation of the software packages, modules, templates and all media and materials contained therein (hereinafter – “Software”). If you are accepting terms of this License on behalf of a legal entity (as an agent or employee), you represent and warrant that you are entitled and have full authority to bind the respective legal entity into this License. The Software is licensed, not sold. All copyrights reserved.

1.The License Granting and the Software Using

  1. 1.1The Owner grants you personal, worldwide non-exclusive, non-transferable, non-sublicensable, non-perpetual revocable limited royalty free right and license to use and modify (only by the way of deleting of the installed modules) the Software in the present shape and form subject to limitations specified thereunder.
  2. 1.2You shall (1) be solely responsible for any fees, including Internet connection, incurred when accessing and using Software; (2) not upload to the Software any file that contains or redirects to a virus, worm, Trojan horse, or other harmful technology or component that unlawfully accesses alternatively; (3) not decompile, adapt, interfere with, reverse engineer, disassemble, copy, or disrupt the functionality, integrity, features, or performance of the Software; (4) not access the Software with intent and/or in order to create a comparable or similar application or software or copy any features, graphics, ideas, images, videos, intellectual property or functions of the Software ;(5) comply with all applicable export and import laws and regulations, including those that apply to goods of European Union and United States origin and that prohibit or limit export for certain uses or to certain users; (6) not harass, threaten, embarrass or cause distress, unwanted attention or discomfort to Owner; (7) not send blatant expressions of bigotry, racism, hatred, or profanity or any other images or material deemed by Owner to be offensive or/and (8) not send, submit or publish any defamatory, inaccurate, abusive, obscene, profane, or threatening material which is racially or ethnically offensive or which infringes upon the right of any third party, as determined by Owner; (8) not reproduce, duplicate, copy, sell, exchange, rent, sublicense, or resell Software related hereto regardless of the purpose except as provided herein, unless you have specifically been granted permission from the Owner with a separate agreement.
  3. 1.3Software can be integrated to one or several domains of one installation of Magento open-source e-commerce platform on a single website, be it your own site or a client's project. Your website domain should be provided during purchasing and can ONLY be changed within forty-five (45) days of date of purchase upon request to the Owner.
  4. 1.4Software can contain a restriction control function 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.
  5. 1.5You may auto-download Software only once; and after being downloaded, it cannot be replaced. Unless you purchased installation services, you are responsible for properly configuring and using the Software and taking your own steps to maintain appropriate security, protection and backup of your content.
  6. 1.6Owner reserves the right to inform you about software updates and/or extensions. These updates and/or extensions may be critical in order for the software to work properly.

2.Installation & Support

      1. 2.1Installation of the Software is not covered by the license fee and is performed for an extra charge. Nevertheless, you are free to install the Software on your own.
      2. 2.2The cost of installation covers integration, customization, errors fixing, and performance of other services agreed between you.
      3. 2.3License includes free twelve (12) months support free of charge. The twelve (12) months free support does not cover installation assistance, 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.
      4. 2.4All inquiries to the support department shall only be related to the Software provided on www.gomage.com.

        3.License Agreement Term and Cancellation

        1. 3.1License remains valid for all new release products and updates of the Software issued within 1 year (365 days) from the date of License purchasing. Upon one-year period expiration, all further upgrading is performed at extra cost to you.
        2. 3.2Owner reserves the right to terminate the Agreement immediately in case of this License breach. You will be notified via email should the Owner exercise this right.
        3. 3.3Suspension of Account. If you violate this License, Owner may suspend your user account and cancel your license. In the case of serious violations to this License or in the case of other violations that are not cured within a reasonable time frame (as determined by Owner in its sole discretion), Owner may, in addition to its other legal rights and remedies available hereunder and at law or in equity, delete your account and your site(s) from our database. In either case, you may be permanently restricted from holding an account on the Service. The decision about whether an account or site is in violation of the terms is at the sole discretion of Owner.

        4.Guarantees and Property Rights

                1. 4.1The Owner declares and guarantees that it is the sole owner of intellectual property rights to the Software in whole as well as brands, logo, and is entitled to enter into this License Agreement. All copyright to the Software shall remain with Owner and its licensors.
                2. 4.2Nothing in this License shall authorize you to use brands, logo, names, domains and other trademarks belonging to the Owner.
                3. 4.3You have no right to delete, hide, or change any copyright and trademark notices within the Software or materials rendered during the support.
                4. 4.4Owner claims no right of any data that generated by you in the course of using Software and/or which may be transmitted or processed while using of Software.

        5.The Owner’s Liability Limitation

        1. 5.1You hereby release, and accept that in no case shall Owner is liable for the Software operation as well as for any changes you make in Software (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 Software has been damaged by other software due to effect by or of the other software (including cases in which the Software has been damaged by viruses or other harmful software, or damaged by You or by third Parties both deliberately or accidentally).
        2. 5.2Under no circumstances is Owner liable for any of the following: (1) loss of, or damage to, data; (2) incidental, exemplary or indirect damages, or for any economics consequential damages; and/or lost profits, business, revenue, goodwill, even if they arise as a consequence of the event that generated the damages. To the maxim extend permitted by applicable law, the Owner liability shall be limited to the amounts paid by you to the Owner or EUR 1000, whichever is lower.
        3. 5.3No 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.
        4. 5.4Without prejudice to the above mentioned cases in the License, no obligations, guarantees nor other conditions (including all provisions meant, such as: satisfactory quality, suitableness for certain purposes, or correspondence to the description) cover the Software and its use.
        5. 5.5This Software is intended for use with any data, media, files, or content to which you have sufficient rights to, authority for, or ownership of. It is your responsibility to ascertain whether copyrights, patents, or other licenses are needed for the data, media, files or content that you use in conjunction with this Software. You agree to hold harmless, indemnify and defend the Company, its officers, directors, employees against any loss, damage, fine, or expense including attorney’s fees arising out of or related to any claim that you have used this Software in violation of applicable laws in your jurisdiction. It is your responsibility to abide by the laws of whichever jurisdiction you reside in.

        6.Activation Key Request

        1. 6.1If you want to get the activation key for the developer website, please contact our support department using the contact form found here: https://www.gomage.com/contacts/ and provide us with an URL or authentic IP.
        2. 6.2The developer website may be on a separate installation of Magento than your base domain from a purchased license..
        3. 6.3Owner does not provide activation keys for "localhost" URLs or "127.0.0.1" IP addresses. The URLs or IPs should be both unique and authentic. Owner only provides the activation keys for bought licenses.
        4. 6.4All developer keys are active for 365 days; however, if you need an additional time to use our extension for development, please contact our Support Department for a new key activation at the contact form found here: https://www.gomage.com/contacts/.

        7. Advertising Material

        1. 7.1Upon purchase of our Software the advertising material may be periodically shown in the administrative panel of your Magento. You have the option to disable such advertisements if you do not wish to learn about our new and upcoming products. No information will be collected when advertising. Please refer to our Privacy Policy to learn more about how we protect your information.
        2. 7.2BY CHECKING “I ACCEPT THE LICENSE AGREEMENT” IN ALL RELATED FORMS YOU HEREBY AGREE IN WHOLE AND IRREVOCABLY WITH THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT.

        8. Miscellaneous

              1. 8.1Force majeure. Neither you nor Owner is responsible for failure to fulfill any obligations due to causes beyond its control.
              2. 8.2No waiver. Failure by Owner to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
              3. 8.3You agree that Owner may change the terms of this Agreement from time to time by sending notification via email or other means.
              4. 8.4Severability. If any provision of this Agreement is held unenforceable by the court, then such provision will be modified to reflect the previous provision by Owner. All remaining provisions of this Agreement will remain in full force and effect.
              5. 8.5Dispute resolution. Each party will allow the other reasonable opportunity to comply before it claims that the other has not met its obligations under this Agreement. The parties will attempt in good faith to resolve all disputes, disagreements, or claims between the parties relating to this Agreement.
              6. 8.6Governing law; Place of jurisdiction. Any cause of action, claim and/or dispute that might arise between the parties hereunder, shall be subject to the laws of the Law of Finland, without regard to conflict of law principles and provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Non-exclusive jurisdiction and venue for actions related to this Agreement or Licensee's use of the Software will be the state courts located in Finland.
              7. 8.7Headings. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.