End-User License Agreement
By purchasing any product developed by Denis Kopylov (dba "Magenius.Team" or "Magenius") on the company’s official site — https://magenius.team/ (hereinafter refereed as the Site) or on Magento Marketplace, you acknowledge that you have read this document, agree with all the terms and conditions outlined in it, and give your consent to use all products in compliance with these rules.
Licensing
Magenius is the sole intellectual property and copyright holder of the Software. All now known or hereafter known tangible and intangible rights, title, interest, copyrights and moral rights in and to the Software, all logical and technical components of Software constituting integral parts of such Software, including but not limited to object and source code, technical documentation, algorithms, databases, UI design components, images, videos, animations, audio, text, data are owned by Magenius.
The Software or a portion of it is Magenius’s intellectual property and a copyrightable matter and is liable to protection by the law. Any Customer activities that infringe this Agreement and/or Magenius Terms and Conditions, violate the intellectual property right and copyright and will be prosecuted in accordance with the applicable law.
According to the present Agreement, Magenius grants the Customer a revocable, non-exclusive, non-transferable, limited license to download, install and use the Software for their personal/business needs and purposes in accordance with this Agreement and Magenius Terms and Conditions.
For the avoidance of doubt, the Agreement does not transfer the intellectual property right and/or the Copyright of Magenius to the Customer.
This Agreement grants the Customer the right to use one copy of the Software per one Magento installation in accordance with the terms of the Agreement.
The Customer agrees and accepts that the number of licenses purchased from Magenius must at all times correspond to the number of Customer’s Magento installations.
Limitations
The Customer agrees and accepts that they will not use the Software for any purposes other than their personal and/or business use and in strict accordance with the present Agreement and Magenius Terms and Conditions.
The Customer shall not give away, license, sub-license, sell, rent, lease, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software and Documentation, or make the whole Software or Documentation or part of it available to any third parties, including in the form of a resellable customized solution.
The Customer must not remove or alter any brand, copyright, disclaimer, terms of use, attribution or any other proprietary notices or marks within the Software, including but not limited to Magenius branding in file names, class names, variables, texts, links or UI items.
License Transfer
In case a necessity to transfer a license to a third party arises, the Customer must send a written request to Magenius stating (a) the account email from which the transfer is requested; (b) the list of Software licenses to be transferred, including the Order ID associated with each license and the date the order was completed; (c) the reason for the transfer; (d) the account email to which the transfer is requested.
Magenius shall request written consent from both account emails by sending a corresponding email notification.
In case one or more account emails fail to provide the consent, the transfer shall not be completed.
Magenius reserves the right to deny the license transfer without stating further reasons.
Limitation of Liability
Magenius shall not be liable to the Customer for any damages, including but not limited to loss of profit and/or saving, or identical, or consequential, caused to the Customer, Customer’s information and/or business entity, arising out of the use or inability to use the Software.
Magenius shall not be liable for prosecution arising from the use of the Software against the law or for any illegal activities by the Customer with the use of the Software.
Term and Termination
This Agreement remains effective until terminated by the Customer or Magenius.
The Customer may withdraw from the license in cases and following the provisions of article 5 of Magenius Terms and Conditions.
Magenius reserves the right to terminate Customer’s license in case such Customer fails to use the Software in accordance with the terms and provisions of this Agreement and/or Magenius Terms and Conditions.
In case Magenius initiates the termination of license as described hereby, the cost of the Software is not refundable to the Customer.
Regardless of the party initiating the termination of the license, the Customer shall uninstall and destroy any and all copies of the licensed Software immediately after the termination and/or receiving the termination notice from Magenius.
In case the Customer continues to use the Software after the termination of the license, they hereby agree to accept an injunction to enjoin them from its further use and to pay all costs (including but not limited to reasonable attorney fees) to enforce Magenius’s revocation of Customer’s license and any damages suffered by Magenius due to the misuse of the Software.
Product Updates
Each paid and free extension developed by Magenius.Team comes with free lifetime updates.
If the Customer is willing to get additional features added to the original product, a quote will be provided at Magenius.Team hourly rate.
Tech Support
To request support, contact us at support@magenius.team
Final Provisions
This Agreement cancels the terms of the previous Agreement.
Magenius reserves the right to adopt any changes and amendments hereto. The up-to-date version hereof is available on https://magenius.team/.
The last update of the document was on September 1, 2020