END-USER LICENSE AGREEMENT (EULA)
The following sets forth the terms and conditions of the Agreement with respect to the purchase by you ("Licensee") of the "OmniCart Multi-Vendor Marketplace or Ecommerce platform" (as hereinafter defined as Digital product ) from https://omnicartshop.com. ("Licensor"). By purchasing the OmniCart Multi-Vendor Marketplace or e-commerce platform (Digital product), Licensee agrees to abide by the following terms and conditions.
This EULA is a legal agreement between Licensee (you) and Licensor (Pixobit Solutions SRL) regarding Licensee's use of the OmniCart Multi-Vendor Marketplace or Ecommerce platform offered at https://omnicartshop.com. Unless Licensee has another written agreement with Pixobit Solutions SRL regarding the products specified herein, Licensee's use of Digital product is governed by this EULA.
On each Digital product purchase, the Licensor grants to the Licensee (you) a non-exclusive, worldwide, perpetual and royalty-free license to use the OmniCart Multi-Vendor Marketplace or e-commerce platform in accordance with the following terms and conditions.
Licensor grants to Licensee a non-exclusive license to utilize a particular Digital Products," in accordance with the terms and conditions herein.
- This license is valid in perpetuity and in the territory of the world.
- The Digital products and all rights therein (including copyrights) shall remain the property of Licensor and are licensed to Licensee as the original end-user, on a non-exclusive basis, for use as set forth herein.
- All rights not expressly granted to Licensor are reserved exclusively by Licensor.
- The Licensee can use licensed Digital products for particular and commercial projects.
- The Licensee can use the licensed Digital products for unrestricted projects.
- Licensee may not use the Digital Products or any part thereof in isolation as Digital Products or as loops or as part of any competitive products that are sold or relicensed to third parties.
- The Digital Products provided pursuant to this Agreement may not be repackaged in whole or part as new Digital Products. Re-using or adaptation of the Digital Products as part of the creation of a new sample, stock library asset, or virtual instrument is strictly prohibited.
The rights in the Digital Products are granted solely to Licensee and are not transferable.
On each purchase, to ensure the rights and interests of the valuable purchasers in continuation of substantially caring mechanism, the Licensee is required to furnish the certain and specified information for the issuance of the License number pursuant to this Agreement, and upon ensuring the established requisites, a specific license number shall be issued for the purchaser. The license number will be granted to the Licensee and is not subject to transfer.
The Licensor only licenses the use of the Digital Products to the Licensee; the Digital Products providers will always retain full rights concerning all the content provided. The Licensor reserves all rights not expressly granted to Licensee.
Intellectual property rights
The Licensee understands that Pixobit Solutions SRL owns and retains all right, title, and interest in the Digital Products. The Licensee may not sublicense, sub-distribute, or resell the Digital Products as his/her own.
You and Pixobit Solutions SRL acknowledge and agree that, in the event of a third-party claim that the software or your possession or use of the software infringes any third party's intellectual property rights, You (and not Pixobit Solutions SRL) will be responsible for the investigation, defense, settlement, and discharge of any such claim of intellectual property infringement. You will, however promptly notify Pixobit Solutions SRL in writing of such claim.
The Licensee acknowledges and agrees that the Digital Products are licensed and sold merely as the grant of license. Licensee agrees not to use, nor permit any third party to use, the Digital Products in a manner that violates any applicable law, regulation, or this Agreement. Licensee agrees he/she will not:
- Grant access to or give the Digital Products to any third party.
- Reproduce, duplicate and modify the Digital Products for reselling or redistribution.
- Use any proprietary information or interfaces of Pixobit Solutions SRL or other intellectual property of Pixobit Solutions SRL in the design, development, licensing or distribution of any applications.
- Transfer his/her license to the Digital Products to any other party.
MODIFICATION TO SOFTWARE
Pixobit Solutions SRL reserves the right to modify, suspend or discontinue, temporarily or permanently, the Software or any service to which it connects, with or without notice and liability to you.
Licensor may terminate this Agreement immediately if Licensee breaches any provision. Upon notice of termination by Licensor, all rights granted to Licensee under this Agreement will immediately terminate, and Licensee shall cease using the Digital Products and return or destroy all copies of the Digital Products and documentation.
YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS, AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, GUARANTIES REGARDING THE SOFTWARE AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ARE SOLELY REPSPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS OFFERED ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. FURTHERMORE, PIXOBIT SOLUTIONS SRL AND IT'S AFFILIATES, PARTNERS, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY THAT:
- THE SOFTWARE OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS.
- THE SOFTWARE OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE.
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS, OR
- ANY ERRORS IN THE SOFTWARE OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR FROM THE APPLICATION SHALL CREATE ANY.
Licensee must indemnify the Licensor from and against any claims, demands, damages, suits, injuries, liabilities and all expenses incurred by the Licensor with respect to any matter that arises as a result of a reported violation of this Agreement by the Licensee.
Construction and interpretation of this Agreement shall at all times and in all respects be governed by Romania.
Pixobit Solutions SRL expresses Gratitude for selecting the Software presented by us. The instant Agreement is compiled and enforced to protect the rights and interests of our valuable customer as well as to fulfil our responsibility towards our worthy purchasers. If any query still persists, you are requested to direct them to Pixobit Solutions SRL in the form of an email. We are wholeheartedly looking forward to serving you.