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Software License Agreement
This License Agreement is a legal agreement between you (either an individual or a single entity) and myEcommerce Inc, a US privately held company
for the purchase of any of our software product, including any software, media, and accompanying on-line or printed documentation ("Product").
BY
Purchasing, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE product, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
Any of our SOFTWARE product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
The SOFTWARE Product is NOT SOLD, and is rather ONLY licensed for use, strictly in accordance with this document.
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Grant of license
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Provided that you comply with all terms and conditions of this agreement, myEcommerce Inc 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. Additional copies of the Product may ONLY be installed and used, up to the number of "Licensed
Copies" purchased.
You may Integrate the Product into your web site/computer, modify the Product's source-code and Integrate 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 only.
You may NOT remove, disable, modify, or tamper with any copyright, trademark or other proprietary notices and legends contained within the code of the Software.
myEcommerce Inc reserves all rights not expressly granted to you in this agreement.
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Restrictions
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Unless you have been granted prior, written consent from myEcommerce Inc, you may not: Reproduce, distribute, Sell, rent, lease, assign, sublet or transfer the product or
add-on modules, or portions thereof, to any third party.
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Disclaimer of warranty
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Any product sold by myEcommere Inc does not come with any warranty OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
myEcommerce Inc ONLY warrants that the Software will substantially operate as described in the applicable product documentation for 1 year after your purchase date.
If ordered, technical support can be provided based on the then current policies for the applicable services ordered.
Technical support is available according our Service Level Agreement
(http://www.myecommerce.biz/Support-Service-Level-Agreement.html)
This Software product is provided "as is" and these warranties do not guarantee that the Software will perform error-free or uninterrupted, or that we
will correct all program errors. These warranties are exclusive and take the place of all other express or implied warranties or conditions including warranties or
conditions of merchantability, satisfactory quality, and fitness for a particular purpose.
If we cannot substantially correct a breach of our warranties, in a
commercially reasonable manner, you may end your program license and recover the license fees or technical support fees paid to us under this license agreement, as
applicable. This is your exclusive remedy.
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Shopping cart module license limitations
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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. BY
Purchasing, INSTALLING or using ANY of our package or software module that include the use of any myEbiz shopping cart software modules, Varien Magento (tm) or X-Cart (tm)
shopping cart software, YOU AND YOUR COMPANY (COLLECTIVELY, "YOU") ARE also accepting AND AGREEING to THE TERMS OF the LICENSE AGREEMENT provided by these
software company.
Please make sure that you read all license agreements located at:
http://www.myecommerce.biz/Software-License-Agreement.html
myEcommerce Inc, a US privately held company
http://www.magentocommerce.com/images/uploads/Enterprise-EULA.pdf
(enterprise edition), and
http://www.x-cart.com/software_license_agreement.html).
Magento is a trademark of Irubin Consulting Inc. DBA of Varien.
X-Cart is a registered trademark of Qualiteam Software.
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Copyright
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All titles and copyrights in and to the SOFTWARE (including but not limited to all images, photographs, animations, video, audio, music, text, and other information
incorporated into the SOFTWARE), the accompanying printed materials, and any copies of our SOFTWARE products and Software products
that are connected to the myEbiz shopping cart software modules, to the shopping cart Magento (tm) and X-Cart (tm). These Shopping cart products are protected by copyright provided by these software company which you can read at: http://myecommerce.biz, http://www.magentocommerce.com and http://www.qtmsoft.com. All other software products sold on our web site that do not include or are not connected to
these shopping cart are owned by myEcommerce Inc. and all are protected by copyright laws.
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Refunds
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myEcommerce Inc provides refunds according to our Moneyback Policy
(http://www.myecommerce.com/Moneyback-Policy.html)
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Product updates
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Customer receives free lifetime product updates for all the myEcommerce software products. These upgrades do not include support, artwork or any service related products.
These free upgrades do not include any installation service. Custom installation service can be requested and purchased via the myEcommerce Helpdesk web based application.
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Limitation of liability
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Under no circumstances and under no legal theory, tort, contract, or otherwise, shall myEcommerce Inc 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.
If such damages result from your use of the Software or technical support, the liability of myEcommerce Inc shall be
limited to the fees paid or payable for the Software or technical support.
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Suitability
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The persons or company using our Products are solely responsible for thoroughly testing them to make sure it works to their satisfaction before purchasing a license and/or
integrating it into their web site or servers. By obtaining a license of any of our products, YOU indicate that the Product has met all your expectations and runs to your
satisfaction.
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Termination
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If you fail to comply with any term or condition of this License Agreement, This agreement will terminate, you will lose all rights licensed to you, and you will need to
stop the use of the Product. In such event, YOU must destroy all copies of the SOFTWARE and all of its component parts.
If any provision of this Agreement is
declared void or unenforceable by any judicial authority, this shall not nullify the remaining provisions of the Agreement which shall remain in full force and effect. You
may not sublicense, assign or transfer the license or the Software except as expressly provided in this Agreement. Any attempt to otherwise sublicense, assign or transfer
any of the rights, duties or obligations hereunder is null and void.
This Agreement is governed by US law. Any dispute arising out or in connection with this
agreement including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Rules of the Los
Angeles Superior Court (LASC) which Rules are deemed to be incorporated by reference into this clause. The place of arbitration shall be Los Angeles, California, United
States Of America.
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