FLINT TECHNOLOGY END USER LICENSING AGREEMENT - TERMS & CONDITIONS
By purchasing and/or using Magento Software Module (Software) products from Flint Technology Ltd (Flint) you (the Customer) agree to the following (the Agreement):
- Flint is the copyright holder of the Software and all associated documentation (except in the case of modules for Lingo24 & Shutl). The Software or any portion of it is a copyrightable matter and is protected by law. Any activity that infringes Flint’s (or Lingo24 or Shutl where applicable) copyright will be prosecuted according to current law.
- By purchasing the Software the Customer obtains a valid and perpetual license to use the Software (the License) The License will remain valid until the Customer stops using the Software or Flint (or Lingo24 or Shutl where applicable) terminates the License if, at its sole discretion, it deems that the Customer is not abiding by the terms of the Agreement.
- Flint offers a ‘Single Installation License’ for Magento software modules. Except with written permission from Flint (or Lingo24 or Shutl where applicable) each Software License can be used on one Magento installation only. In the event that Customer’s actual number of installations of the Software exceeds the number of licenses granted, the Customer shall promptly provide Flint with written notice and pay Flint the fees required to license such additional installations.
- The Customer is authorised to make a reasonable number of copies of the Software as it requires for purpose of development and testing and for exercising its rights under this Agreement.
- The Customer is authorised to use the Software on a single substitute or backup server on a temporary basis without additional charge.
- The Customer may not use the Software, in whole or part, in any software application or product or website except for that expressly permitted by the License provided by Flint.
- Customer may not remove the Flint Technology copyright inscription from the source code of the Software. Modifications of the source code are allowed, but at the Customers own risk.
- The Customer may not give, sell, distribute, sub-license, rent, lease or lend any portion of the Software or associated documentation to any third party. The Customer may not place the Software on a server that is accessible, via a public network such as the Internet, or otherwise permit the Software to be distributed.
- If the Customer fails to use the Software in accordance with the terms and conditions of this License Agreement, this will constitute a breach of the agreement, and the License to use the program may be revoked by Flint (or Lingo24 or Shutl where applicable)
- Flint Technology Ltd. reserves the right to change this License Agreement at any time and impose its clauses at any given time.
Limitation of Liability
- Flint (or Lingo24 or Shutl where applicable) will not be liable to the Customer or any third Party for any damages including, but not limited to, loss of business or business profits, loss of business information or goodwill arising out of the use or inability to use the Software. By accepting this License Agreement customers acknowledge use of the Software at their own risk and have clear understanding of responsibility for any damage to computer systems and data.
- Flint (or Lingo24 or Shutl where applicable) is not liable for prosecution arising from use of the Software in contravention of any law or for any illegal use.
- The Customer may terminate the License at any time by destroying all copies of the Software. Termination of this Agreement does not bind Flint to return to the Customer the purchase amount of the Software.
- If the Customer continues to use the Software after Flint gives notice of License termination, the Customer hereby agrees to accept an injunction to instruct from its further use and to pay all costs (including but not limited to reasonable legal fees) to enforce Flint’s revocation of the Customer’s License and any damages suffered by Flint because of the Customer’s misuse of the Software.
- Each party agrees that it shall not disclose any information concerning the customers, trade secrets, methods, processes or procedures or any other confidential, financial or business information of the other party, which it learns during the course of its performance of this Agreement to any third party, without the prior written consent of such other party. This obligation shall survive the cancellation or other termination of this Agreement or License.
- All modules (with the exception of modules for Lingo24 and Shutl integration) are provided with a free support period totalling 3 months, starting from the purchase date of the module. The Flint support team shall provide to Customer, without additional charge, all reasonably necessary written consultation requested in connection with use and operation of the Software or any problems therewith, within above-stated period of time.
This shall include
- Advice regarding the downloading, installation and configuration of the Software
- Assistance with troubleshooting to diagnose and fix errors in the Software.
This shall exclude
- Versions of the Software other than the then-current and immediately previous releases;
- Altered or modified Software;
- Software accessed on unlicensed servers;
- Problems caused by Customer’s negligence, misuse, or hardware malfunction;
- Use of the Software inconsistent with Flint’s instructions ;
- Assistance in the installation, administration, development or debugging of Customer’s system, including the operating system and support tools.
- In cases when extraordinary support efforts (a request where the probable cost to resolve may exceed the cost of the purchased module) will be required Customer shall be offered either paid support service or refund of the Software cost (in return for termination of the Software License).
- All information, acquired from Flint support team is advisory only and shall not create any warranty for Flint Technology Ltd.
- Flint will provide the Customer with free upgrades of the product they buy, limited to the product version branch. For the avoidance of doubt this means, that buying a product version N.x gives right to receive free updates for the version branch N. (N.x, N.x.x). Upgrades are produced at Flint’s discretion from time to time.
- E-mail address will be used for communication purposes and must be valid. It is strongly recommended that the Customer use an e-mail address associated with their organisation.
- The Software will be available for download only when payment has been accepted and verified.
- To ensure customer protection Flint provides a 30-day money back guarantee for the Software. If the Customer is dissatisfied with the Software during the 30 days after the purchase date for any reason, they will, on submission of a request containing order transaction ID and on termination of the Software License, receive a full refund.
- Flint will not provide a refund for installation and customisation services.
- This Agreement will be construed in accordance with and governed by the law of England and Wales and each party agrees to submit to the non-exclusive jurisdiction of the courts of England and Wales.