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Software License Agreement

Last updated: January 2025

This Software License Agreement ("Agreement") is entered into between QBurst, hereinafter referred to as "Licensor," and the legal entity or individual, hereinafter referred to as "Licensee" and is made effective on the date of the purchase of the software.

Grant of License

By purchasing any product from QBurst, you acknowledge and agree to the terms of this Agreement.

Copyright and Restrictions

  • Licensor is the copyright holder of the Software, and any infringement or violation of copyright law will be prosecuted according to applicable law. Licensor reserves the right to revoke the license of any user with an invalid license.
  • This Agreement grants Licensee the right to use only one copy of the Software on one Magento installation for personal or business (e-commerce) use, subject to all other terms of this Agreement. A separate License should be purchased for each Magento installation.
  • Any distribution of the Software without Licensor's consent, including non-commercial distribution, is considered a violation of this Agreement and entails liability.

Usage Restrictions

  • Licensee agrees to use the Software for personal and / or business use in strict accordance with this Agreement.
  • Licensee may not use the Software for any purpose other than personal or business Magento instances without a custom-priced license.
  • Licensee may not use any part of the code in whole or in part in any other software, product, or website.
  • Licensee may not give, sell, distribute, sublicense, rent, lease, or lend any portion of the Software or Documentation to anyone.

Proprietary Notices and Branding

Licensee may not remove or alter any brand, copyright, disclaimer, terms of use, attribution, or other proprietary notices or marks within the extension code, including but not limited to QBurst branding.

Liability and Damages

Licensor will not be liable for any damages, including loss of profits / savings or incidental or consequential damages, arising from the use or inability to use this Software.

Termination

  • This Agreement shall commence on the date of making payment and shall continue until terminated by either party.
  • Licensor reserves the right to change this license agreement at any time.
  • Licensor may terminate the license if Licensee is not abiding by the terms of the Agreement, including obscuring or removing any link or copyright notice.
  • Termination of this Agreement does not bind Licensor to return the amount spent for the Software purchase if more than 10 days have passed since the purchase date.
  • Licensor reserves the right to terminate all software licenses, orders, and support services for a customer convicted of violating the Agreement.

Notice of Termination

If Licensee continues to use the Software after Licensor gives notice of termination, Licensee agrees to accept an injunction to enjoin further use and to pay all costs, including reasonable attorney fees, to enforce the revocation of the license and any damages suffered by Licensor.

Distribution

Sharing the Software is strictly prohibited without official permission, including non-commercial or personal distribution, leading to a violation of this Agreement and causing liability under Indian law.

Customization

Licensee may customize the Software only for licensed domains and may not use or resell any part of the Software or code in any manner. For customizations, Licensee may use QBurst’s development service.

Indemnification

The Licensee releases the Licensor from and agrees to indemnify, defend, and hold harmless the Licensor against any claim, loss, damage, settlement, cost, taxes, expense, or other liability.

Force Majeure

The Licensor will not be liable for any delay or failure to perform its obligations under this Agreement by reasons beyond its reasonable control.

Relationship of Parties

The Licensor and Licensee are independent legal entities, and nothing in this Agreement will be construed to create a partnership, joint venture, association of persons, agency, franchise, sales representative, or employment relationship between the parties.

Modification

The Licensor may amend any terms and conditions contained in this Agreement at its discretion. Changes will be effective upon posting on the website

Miscellaneous

  • This Agreement shall be governed by the laws of India and submitted to the jurisdiction of the Courts in Kerala, India.
  • Licensee cannot assign, pledge, or transfer this Agreement without the prior written consent of Licensor.
  • All notices shall be in writing and sent to the respective addresses provided.
  • Provisions of this Agreement shall be enforced to the fullest extent permissible.
  • By purchasing the Software, the Licensee acknowledges that it has read this Agreement and agrees to its terms.
  • The Licensor holds the sole copyright of the Software, and any infringement can lead to prosecution.
  • The Licensor reserves the right to publish a selected list of users / Licensees.
  • Any dispute shall be referred to a sole Arbitrator appointed exclusively by the Licensor. The place of arbitration shall be Kerala, India.
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