IMPORTANT: THIS SOFTWARE END-USER LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER INDIVIDUALLY OR COLLECTIVELY ON BEHALF OF YOUR BUSINESS ENTITY) AND IXXO CART LIMITED (IXXO). READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. AMONG OTHER PROVISIONS, IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS TERMINATION AND WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU CONFIRM YOUR ACCEPTANCE OF THE SOFTWARE AND YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE. CONTINUED USE OF THIS SOFTWARE SIGNIFIES YOUR CONTINUED ACCEPTANCE OF THESE TERMS AND ANY FUTURE CHANGES TO THEM.
IXXO LICENSE AGREEMENT
LICENSE TERMS
1. The Software is supplied by IXXO and is licensed, not sold. Under the terms of this EULA and IXXO reserves all rights not expressly granted to you. IXXO Cart Ltd retains ownership of the Software.
2. Software License:
a. IXXO grants you a license to use one copy of the Software. You may not modify or disable any licensing or control features of the Software.
b. This Software is licensed to operate on only one domain.
c. Only one company may use the Software for its intended purpose on the domain. This company may not sell the products or services of other companies in the capacity of an online mall or buyer service. If more than one company wishes to use the Software, they must purchase a separate license.
d. Software updates vs upgrades definition
An update is to make and keep something up to date, whereas an upgrade is to raise something to a higher standard by adding or replacing few components. Updates can occur now and then, whereas upgrades do not occur very often. Updates are usually free of cost, whereas upgrades can be chargeable
e. Software Updates
Software Versions (e.g from 6.1.x.x to 6.2.x.x), if available, may be ordered separately or may be available through software support of which the client has an active one year free updates and support for their license(s). IXXO will, from time to time, supply at no additional charge updated software versions as they are made available to clients with an active subscription. The client is entitled to request software updates, patches and fixes at no additional charge when an active subscription is in place.
f. Software Upgrades
Software Versions (e.g from version 6.x.x.x to 7.x.x.x), if available, may be ordered separately or may be available through software support. We reserve the right to require additional licenses and fees for software versions (upgrades). Software versions are subject to the license terms in effect on the date that we deliver or make the new version available to you.
3. License Restrictions:
a. By accepting this EULA you agree not to reverse engineer, decompile, or disassemble the Software. You may not alter, merge, modify, prepare derivative works based upon, adapt or translate the Software in any manner whatsoever. Additionally, You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to any human-readable form, or use the Software to develop any application having the same primary functions as the Software.
4. Proprietary Rights:
All title and copyrights in and to the Software (including, without limitation, any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the Software Application), the accompanying media and printed materials, and any copies of the Software are owned by IXXO. Copyright laws and international treaty provisions protect the Software. Therefore, you must treat the Software like any other copyrighted material, subject to this EULA’s provisions.
5. Termination Rights:
Without prejudice to any other rights, IXXO may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such an event, you must destroy all copies of the Software and all of its component parts, and IXXO may suspend or deactivate your use of the Software with or without notice.
6. Export Control:
You may not export or re-export the Software or any copy or adaptation of the Software in violation of any applicable laws or regulations.
7. IXXO does not warrant that the operation of IXXO Software will be uninterrupted or error-free. IXXO Software may contain third-party functions or may have been subject to incidental use.
8. IXXO is not responsible for problems resulting from improper or inadequate maintenance or configuration; software or interface routines or functions NOT developed by IXXO unauthorized specifications for the Software; improper site preparation or maintenance; Beta Software; encryption mechanisms or routines.
Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the Software. IN NO EVENT WILL IXXO OR ITS SUPPLIERS BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT OR LOST SAVINGS) OR OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE EVEN IF A IXXO REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9. Submissions:
Should you decide to transmit to IXXO by any means or by any media any information (including, without limitation, ideas, concepts, or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions, or the like, you agree such submissions are unrestricted and shall be deemed non-confidential. You automatically grant IXXO and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display, and perform the same.
10. Distribution and Backups
a. DISTRIBUTION OF THE REGISTERED VERSION OF THE Software IS STRICTLY PROHIBITED. It is a violation of the United States and European copyright laws and international treaties punishable by severe criminal and civil penalties.
b. You may make copies of the Registered Version of the Software for backup purposes only. All backup copies must be an exact copy of the original Software.
11. Refunds Policy
All Sales are final. No refunds will be given for software or service*(s) that is delivered via digital download from our site or the Internet.
Software
I am aware there is no refund policy on the software or service I am purchasing and I agree I will not contact my credit card company or banking institution to request a refund. All Sales Are Final.
Duty to Read
I accept that under this agreement I have a duty to read this refund policy given to me and I have done so. I attest to this duty and submit the order form to execute this document. Furthermore, I understand and accept that 1 am stopped from using lack of reading as a defense against all remedies so contained herein.
Please note your Credit Card Statement should reflect a purchase from IXXO.