ITDelight License Agreement
DIT DELIGHT LIMITED End-User License Agreement
This End-User License Agreement (“Agreement”) is entered into by and between You [“Customer”] and DIT DELIGHT LIMITED, located at Griva Digeni, 87-89, Nikolaou & Zavos Centre, 1st floor, Flat/office 101, 3101, Limassol, Cyprus.
- General Provisions
1.1. This Agreement comes into effect when the Customer completes the purchase of the Software developed by DIT DELIGHT LIMITED and receives a copy of the Software via Customer Account or other means at our discretion.
1.2. By purchasing the Software, the Customer acknowledges that they have read this Agreement, agree to the content of the Agreement and its terms, and agree to use the Software in compliance with this Agreement.
2.1. DIT DELIGHT LIMITED 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 DIT DELIGHT LIMITED.
2.2. The Software or a portion of it is DIT DELIGHT LIMITED’s intellectual property and a copyrightable matter and is liable to protection by the law. Any Customer activities that infringe this Agreement, violate the intellectual property right and copyright and will be prosecuted in accordance with the applicable law.
2.3. According to the present Agreement, DIT DELIGHT LIMITED 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.
2.4.For the avoidance of doubt, the Agreement does not transfer the intellectual property right and/or the Copyright of DIT DELIGHT LIMITED to the Customer.
2.5. 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.
2.6. The Customer agrees and accepts that the number of licenses purchased from DIT DELIGHT LIMITED must at all times correspond to the number of Customer’s Magento installations.
3.1.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.
3.2. 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.
- Limitation of Liability
4.1. DIT DELIGHT LIMITED 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.
4.2. DIT DELIGHT LIMITED 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
5.1. This Agreement remains effective until terminated by the Customer or DIT DELIGHT LIMITED.
5.2. Customers with the status of a consumer are entitled to withdraw from the license agreement concluded by electronic means within 14 days after the license agreement has been concluded between the customer and DIT DELIGHT LIMITED.
5.2. The customer - consumer may withdraw from the license agreement by means of (1) a written notice sent to the registered address of DIT DELIGHT LIMITED, or (2) by an email sent to the DIT DELIGHT LIMITED
5.4. DIT DELIGHT LIMITED 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.
5.5. In case DIT DELIGHT LIMITED initiates the termination of the license as described hereby, the cost of the Software is not refundable to the Customer.
5.6. 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 IDIT DELIGHT LIMITED.
5.6. 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 DIT DELIGHT LIMITED’s revocation of Customer’s license and any damages suffered by DIT DELIGHT LIMITED due to the misuse of the Software.
- Final Provisions
6.1. This Agreement has been valid and effective since November 1st,2021.
6.2. Potential disputes between DIT DELIGHT LIMITED and its Customers recognize that disputes arising under this Agreement shall be resolved within standard negotiations.
In the case, if this dispute was not resolved by negotiations will be referred to and finally resolved by arbitration under the London Court of
International Arbitration (“LCIA”) Rules.