EXTENSION LICENCE
Magebird.com EXTENSION END USER LICENSE AGREEMENT ("EULA"). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE SOFTWARE.
This SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This SOFTWARE PRODUCT is licensed, not sold. This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Magebird.com with regard to the copyrighted Software (herein referred to as "SOFTWARE PRODUCT" or "SOFTWARE") provided with this EULA. The SOFTWARE PRODUCT includes computer software, the associated media, any printed materials, and any "online" or electronic documentation. Use of any software and related documentation ("Software") provided to you by Magebird.com in whatever form or media, will constitute your acceptance of these terms, unless separate terms are provided by the software supplier, in which case certain additional or different terms may apply. If you do not agree with the terms of this EULA, do not download, install, copy or use the Software. By installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, Magebird.com is unwilling to license the SOFTWARE PRODUCT to you and you are not allowed to use it.
1. Eligible Licensees
This Software is available for license solely to SOFTWARE owners, with no right of duplication or further distribution, licensing, or sub-licensing. IF YOU DO NOT OWN THE SOFTWARE, THEN DO NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE.
2. License Grant
Magebird.com grants to you a non-transferable, non-assignable, non-sublicensable, worldwide and non-exclusive right to use the copy of the Software provided with this EULA. You agree you will not copy the Software except as necessary to use it on a single domain and single Magento instance or if you have purchased multiple-user licenses for the software, at any time you may have as many copies of the software in use up to the number of multiple-user licences you have purchased. You agree not to modify and create derivative works based on the Software except as necessary to use it on your single website domain.
3. Copyright
The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Magebird.com and/or its suppliers, and you will not acquire any rights to the Software, except as expressly set forth above. All copies of the Software will contain the same proprietary notices as contained in or on the Software. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by Magebird.com or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
4. Disclaimer of Warranty
The Software is provided "AS IS" without warranty of any kind. Magebird.com and its suppliers disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. Neither Magebird.com nor its suppliers warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. MAGEBIRD.COM IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE.
5. Limitation of Liability
Magebird.com's entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the Software, if any. In no event shall Magebird.com or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use or inability to use the software, even if Magebird.com or its supplier has been advised of the possibility of such damages, or any claim by a third party.
6. Rental
You may not loan, rent, or lease the SOFTWARE.
7. Upgrades
If the SOFTWARE is an upgrade from an earlier release or previously released version, you now may use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgrade of a software program which you licensed as a single product, the SOFTWARE PRODUCT may be used only as part of that single product package and may not be separated for use on more than one domain.
8. No Liability for Consequential Damages
In no event shall Magebird.com or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this product, even if Magebird.com has been advised of the possibility of such damages. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
9. Support Services
Magebird.com will provide support services to help install and use software in limited manner and you might be charged.
10. Indemnification By You
If you distribute the Software in violation of this Agreement, you agree to indemnify, hold harmless and defend Magebird.com and its suppliers from and against any claims or lawsuits, including attorney's fees that arise or result from the use or distribution of the Software in violation of this Agreement.