Summer Cart End User License Agreement
Date: 10 February 2012
Do not install or use the Summer Cart until you have read and accepted this Agreement. By installing or using Summer Cart you accept this agreement.
1. LICENSE DEFINITIONS
- "Summer Cart" includes the software, documentation, artwork, license key codes, license files and other materials, including any updates, patches, work-around solutions and upgrades thereto, that are provided to Licensee under this Agreement, but excludes any third party products distributed with Summer Cart, as outlined below.
- “Bundle” includes Summer Cart and all third party products, documentation, artwork, license key codes, license files and other materials, including any updates, patches, work-around solutions and upgrades thereto, that are provided to Licensee.
- "Licensee" or “You” is the person, company or entity who is party to this Agreement.
- “Domain” is a domain name, officially registered in the Domain Names System. It also includes that domain name prefixed by “www.”.
2. LICENSE GRANT
- Subject to all of the terms and conditions of this Agreement, Mirchev Ideas grants to Licensee limited non-exclusive, non-assignable, non-transferable, non-sub licensable, worldwide and royalty-free right to install and use a single copy of Summer Cart on a single server to be used on a single Domain.
Subject to all of the terms and conditions of this Agreement, Mirchev Ideas grants to Licensee limited non-exclusive, non-assignable, non-transferable, non-sub licensable right to modify, adapt and translate:
a) Summer Cart software provided in source form
b) Summer Cart artwork, excluding the logos and trademarks.
- “Copyright Removal License” (sold separately) grants to Licensee limited non-exclusive, non-assignable, non-transferable, non-sub licensable right to remove copyright notices and links to Summer Cart and/or Mirchev Ideas from the header and footer in the customer facing areas of Summer Cart software only.
- Rights to Summer Cart not expressly granted to Licensee in this Agreement are reserved by Mirchev Ideas.
3. LICENSE RESTRICTIONS
You agree not to:
a) distribute, make unauthorized copies, sub license, sell, give away, loan, lend, rent Summer Cart
b) reverse-engineer, decompile, disassemble or convert into human-readable form Summer Cart
c) attempt to modify or tamper with the normal function of a license manager that regulates usage of Summer Cart
d) disclose the license key codes and license files issued to you to any third-party
e) remove any copyright notices from Summer Cart, except as allowed by the “Copyright Removal License”
f) assign this Agreement or transfer Summer Cart without the express written consent of Mirchev Ideas
a) shall be solely responsible to your customers or suppliers, or other parties for any update or support obligation or other liability which may arise from the use of Summer Cart
b) shall not use Mirchev Ideas' name, logos or trademarks without written permission
c) shall not publish reviews of Summer Cart versions designated as beta without written permission by Mirchev Ideas
d) shall indemnify, hold harmless, and defend Mirchev Ideas, it's licensors, shareholders, affiliates, officers, directors, employees, agents and suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from your use of Bundle.
- Title to the Summer Cart and all copies thereof remain with Mirchev Ideas. Summer Cart is copyrighted and is protected by copyright laws and international treaty provisions. You agree to prevent any unauthorized copying of Summer Cart. Except as expressly provided herein, Mirchev Ideas does not grant any express or implied right to you under Mirchev Ideas patents, copyrights, trademarks, or trade secret information.
- Any reference to the purchase or sale of Summer Cart means a purchase or sale of the applicable licenses. The license fees for such licenses are included in the Summer Cart purchase price. No fee is charged for any third-party products, but a fee for distribution (e.g., transferring a copy or copies to Licensee) is included in the Summer Cart purchase price.
5. THIRD PARTY PRODUCTS
This Budnle may include software products licensed by third party provider(s). For their licenses consult the respective products.
6. NO WARRANTY
THE SOFTWARE, MATERIALS, SERVICES AND INFORMATION ARE PROVIDED "AS IS" WITH NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY WARRANTY OTHERWISE ARISING OUT OF ANY PROPOSAL, SPECIFICATION, OR SAMPLE.
EXCEPT AS OTHERWISE RESTRICTED BY LAW, MIRCHEV IDEAS OFFERS NO WARRANTY EITHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE.
MIRCHEV IDEAS MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THIRD PARTY PRODUCTS.
MIRCHEV IDEAS DOES NOT WARRANT THAT THE SOFTWARE WILL SATISFY LICENSEE'S REQUIREMENTS OR THAT IT IS WITHOUT DEFECT OR ERROR OR THAT THE OPERATION WILL THEREOF WILL BE UNINTERRUPTED.
7. LIMITATION OF LIABILITY
NEITHER MIRCHEV IDEAS, IT'S LICENSORS, SHAREHOLDERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, NOR ITS SUPPLIERS SHALL IN ANY CASE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUE, LOSS OF USE OF SOFTWARE, LOSS OF DATA, COST OF RE-CREATING LOST DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF MIRCHEV IDEAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS OTHERWISE RESTRICTED BY LAW, MIRCHEV IDEAS AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT OR ANY OF THE SOFTWARE OR ANY ASSOCIATED SERVICES IS LIMITED TO THE LOWER OF $10 OR THE TOTAL OF PAYMENTS MADE FOR SUCH SOFTWARE OR SERVICES.
LICENSEE'S SOLE AND EXCLUSIVE REMEDY IS SET FORTH IN THIS AGREEMENT. This Agreement defines a mutually agreed-upon allocation of risk and the license fees reflect such allocation of risk.
Licensee is responsible for decisions made and actions taken based on Bundle.
8. USER SUBMISSIONS
You agree that any material, information or other communication, including all data, images, sounds, personal information, text, and other things embodied therein, you transmit or post to Mirchev Ideas websites or provide to Mirchev Ideas under this Agreement shall be considered non-confidential ("Communications"). Mirchev Ideas shall have no confidentiality obligations with respect to the Communications. You agree that Mirchev Ideas and its designees shall be free to copy, modify, create derivative works, publicly display, disclose, distribute, license and sub license through multiple tiers of distribution and licensees, incorporate and otherwise use the Communications, including derivative works thereto, for any and all commercial or non-commercial purposes.
If any provision in this Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.
10. TERMINATION OF THIS LICENSE
This Agreement becomes effective on the date you accept this Agreement and shall continue until terminated as provided for in this Agreement. This license will automatically terminate if Licensee is in breach of any of its terms and conditions. Upon termination, you shall immediately return to Mirchev Ideas or destroy the Bundle and all copies thereof. The terms, like COPYRIGHT, LICENSE RESTRICTIONS and USER SUBMISSION, which by their nature should survive termination or expiration shall so survive.
11. APPLICABLE LAWS
Any claim arising under or relating to this Agreement shall be governed by the internal substantive laws of the Republic of Bulgaria, without regard to principles of conflict of laws. The parties agree to exclude application of the “United Nations Convention on Contracts for the International Sale of Goods” to this Agreement. Any litigation between the parties shall be conducted exclusively in Bulgarian state courts. The parties agree and submit to such exclusive jurisdiction and venue.
12. COMPLETE AGREEMENT
This Agreement constitute the entire agreement between you and Mirchev Ideas relating to the subject matter of this Agreement, and supersedes any other agreement, oral or written, between you and Mirchev Ideas with respect to the foregoing.
None of the terms, conditions or provisions of this Agreement shall be held to have been changed, waived, varied, modified or altered by any act or knowledge of either party, their respective agents, servants or employees unless done so in writing signed by both parties.