eCom Labs modules. License agreement

International e-commerce agency

License agreement for using modules developed by eCom Labs company

The present agreement is established between eCom Labs LLC (hereinafter referred to as Company), legal address 432064, Vracha Mikhailova str., bld. 51, off. 206, Ulyanovsk, Russian Federation, possessing exclusive right to usage of one of eCom Labs modules or its parts or derivatives on its basis (hereinafter referred to as Module) and a user of the present module (hereinafter referred to as User).

The present agreement contains rules and conditions according to which Company gives User right to use Module.

1. Definitions
2. General terms
3. License
4. Rights and liabilities
5. Privacy
6. Disclaimer of warranty and limitation of liability
7. Termination of agreement
8. Dispute resolution
9. Force majeure
10. Miscellaneous

 

Definitions

 

Definitions within the present agreement are interpreted only in the defined meaning and are not interpreted in any other way.

Company – company website available at the address http://ecom-labs.com.

eCom Labs module – software developed by eCom Labs LLC and sold by means of website http://ecom-labs.com.

Module - eCom Labs module, its elements or programs derived on its basis.

Confidential element of module – source code, implementation methods or other part of module which can be considered confidential by Company.

General terms

User is entitled to use Module only on conditions of the present agreement even in case if otherwise is provided by any law of User’s country.

To establish the present agreement User is obliged to enter true, full and accurate personal information on this page of Company’s site.

Module is protected by law of the Russian Federation and international law of copyright and intellectual property.

The present agreement conforms to the current legislation of the Russian Federation and international agreements on copyright and intellectual property.

Using Module User automatically agrees to the terms of the present agreement. In case if User does not agree to the terms of the present agreement he cannot use Module for any purpose.

License

Within the present agreement Company does not sell Module to User but grants nonexclusive licensed right to use Module for consideration (hereinafter referred to as License).

Each License is granted to User for one domain name. To install Module for several domains User is obliged to acquire several Licenses, in this case number of Licenses must be equal to the number of domains on which User will use Module.

Before License is acquired User is obliged to inform Company about each domain name on which Module will be installed. User is entitled to change domain name for which License was acquired and give 3 days prior notice about new domain name to Company.

Rights and liabilities

Module, its upgrades, elements and derivatives developed by Company, User or third party or other intellectual property associated with the program or its part are Company’s property and Company has exclusive rights to it.

User is obliged:

- use Module only on licensed domain names;

- place only one copy of the program on the website, on licensed domain name;

- use Module only for improvement, expansion of the website’s capabilities and its usability;

- to do his best to prevent usage of Module by third parties.

User may not:

- transfer, sell, pledge, license (or do any other actions forbidden by the terms of the present agreement) Module or let third parties do the above mentioned;

- use any part of Module to create other programs or give such opportunity to third parties;

- delete or alter by any means labels of Company which exist for its identification in Module;

- prohibit Company to get information regarding Module usage.

Privacy

Module is the result of intellectual activity of Company and contains private part belonging to Company. User is obliged to do his best to protect private part of Module. In case if private information is available to the third party due to a fault of User, User is obliged to compensate for a caused damage.

Disclaimer of warranty and limitation of liability

Module is acquired by User without guarantees, with all possible errors in condition as it is at the moment of purchasing License.

Company is not obliged to install or upgrade Module by User’s request. Company may unilaterally change its Upgrade policy regarding Module.

Company does not guarantee trouble-free service of Module and the fact that Module will satisfy all requirements of User. User takes all risks regarding work and usage of the program including receiving less profits than User expected, errors after Module installation and so forth.

Company is not liable for any damages connected with usage or absence of usage possibility of Module.

In case if the law of User’s country does not allow limitation of Company’s liability these liabilities are acknowledged by the court of competent jurisdiction. Number of Company’s liabilities is limited by the cost which was paid by User for License.

Termination of agreement

The present agreement loses its force in case if User violates any of the terms of the present agreement. If agreement is terminated User is obliged to delete Module within 3 calendar days and may not use it for any purpose.

User is entitled to terminate the present agreement unilaterally. For this he must delete Module within 3 calendar days and notify Company about this. The date when User’s notification is received by Company is considered the date of agreement termination.

Termination of agreement deprives of User’s right to demand return of License cost except for the cases defined by Refund policy.

Dispute resolution

In case of arising disputes between Company and User regarding the present agreement including any issues regarding its interpretation, validity or definitions, Company and User agree to do their best to settle the disputes mutually and as soon as possible.

If Company and User fail to settle the disputes independently they shall be settled by Ulyanovsk Regional Arbitration (Ulyanovsk, Russian Federation) or corresponding court of competent jurisdiction on the territory of the Russian Federation.

Force majeure

Company is not liable for non-delivery or failure of Module in case if they are caused only by happening or effect of force majeure circumstances, namely: natural disasters, war, fire or any other circumstances not depending on Company.

Miscellaneous

Company reserves its right to alter the present agreement unilaterally. Altered agreement comes into force since the date of its publication on the company’s website.

Company notifies Users about alterations of the present agreement by means of notices on the website or by means of mailing to the e-mail address of User.