This License Agreement is a legal agreement between you (either an individual or a single entity) and CommerceXP, a Vancouver, BC based privately held company (CommerceXP is a full subsidiary of “Eversun Software Corp.”) for the purchased software product, including any software, media, and accompanying on-line or printed documentation ("Product").
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT.
GRANT OF LICENSE
Provided that you comply with all terms and conditions of this agreement, CommerceXP grants you a nonexclusive license including the following rights: You may install and use one copy of the Product within ONE (1) installation per domain for web-based software OR hardware computer for desktop software. Additional copies of the Product may be installed and used, up to the number of "Licensed Copies" purchased.
Incorporation of the Product into your web site/computer, modification of the Product's source-code and incorporation of the modified source-code into your software, within the limits of the number of "Licensed Copies" purchased.
You may make copies of the Product for backup and archival purposes.
CommerceXP reserves all rights not expressly granted to you in this agreement.
Unless you have been granted prior, written consent from CommerceXP, you may not: Reproduce, distribute, or transfer the product, or portions thereof, to any third party.
Sell, rent, lease, assign, or sublet the software, portions thereof, or add-on modules.
Grant rights to any other person.
DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, CommerceXP DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICE WILL ALWAYS BE AVAILABLE.
SHOPPING CART MODULE LICENSE LIMITATIONS
Each product license is issued based on domain, where it will be used. If you need this product working on additional domains you need to purchase separate licenses.
Technical (temporary, testing, added, parked) domains will be added on request (domains that point to same host/files).
CommerceXP reserves right to charge for this service in the future.
DESKTOP SOFTWARE LICENSE LIMITATIONS
Each desktop software can be used on single hardware computer. If you need this product working on additional computer you need to purchase separate/additional licenses. Additional license can be purchased and used within same organization/family only. You must own primary license prior to purchasing additional license.
There are NO REFUNDS on downloadable products.
INSTALLATION / UN-INSTALLATION / CONFIGURATION
Installation / un-installation / configuration service is available for additional fee.
Customer receives free product updates for 6(six) months from date of purchase as part of the product. Product updates after that date are issued for additional fee.
CommerceXP reserves the right to keep only updates (files) released within last year. Older updates may not be available for download.
CommerceXP has no obligation to provide you with any upgrades that are not released for general distribution to CommerceXP’s other licensees. Nothing in this Agreement shall be construed to obligate CommerceXP to provide upgrades to you under any circumstances.
CommerceXP Lifecycle Policy outlines the product support guidelines for a product's lifecycle. The objective of this policy is to standardize and normalize product lifecycle practices, thereby enabling CommerceXP customers to make more informed purchase, support and upgrade decisions.
CommerceXP is committed to providing support for all software products for a minimum of one (1) year, starting from the general availability date of the product's major version. 'General availability date' is defined as the date on which a product is officially made available for purchase.
The sunset of a product ("End-of-Life") is the term used to describe the end of support for the product. That is, CommerceXP or a Third Party vendor will no longer provide new features, improvements, or technical assistance for that release of the product.
End-of-Life will be announced as a part of regular CommerceXP News.
DISTRIBUTION OF THE EVALUATION/DEMO VERSION
You may copy the Evaluation Version of this software and documentation as you wish, and give exact copies of the original Evaluation Version to anyone, and distribute the Evaluation Version of the software and documentation in its unmodified form via electronic means. But you should not charge or request donations for any such copies however made, or from distributing the software and/or documentation with other products without the author's written permission. If you have registered the software, you must not distribute your confidential license key.
LIMITATION OF LIABILITY
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall CommerceXP be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. In no event will CommerceXP be liable for any damages in excess of the amount CommerceXP received from you for a license to the Product, even if CommerceXP shall have been informed of the possibility of such damages, or for any claim by any other party.
The persons or company using this Product are solely responsible for thoroughly testing it to make sure it works to their satisfaction before purchasing a license and/or incorporating it into their web site. By obtaining a license, the licensee indicates that the Product has met his/her expectations and runs to his/her satisfaction.
This agreement terminates, you lose all rights licensed to you, and you must stop use of the Product if you fail to comply with any term or condition of this License Agreement.