Amasty.com End-User License Agreement
This End-User License Agreement (“Agreement”) is entered into by and between You [“Customer”, according to the definition provided in Preamble of Amasty Terms and Conditions] and Softonomika Limited, established and existing under the law of Cyprus, with its registered office at Metochiou 73, Egkomi, 2407, Nicosia, Cyprus, Company Identification Number: HE 427722, doing business under AMASTY trademark (“Amasty”).
Taking into account that the relationship between the Customer and Amastyis regulated in a comprehensive manner by this Agreement and Terms and Conditions linked: https://amasty.com/terms-and-conditions.html (“Amasty Terms and Conditions”), all issues not regulated by the Agreement are resolved on the basis of the Amasty Terms and Conditions. In the event of a conflict between the terms of the Agreement and the terms of the Amasty Terms and Conditions, the provisions of the Agreement shall apply.
General Provisions
- This Agreement comes into effect from the moment of payment for purchasing of the Software by acquiring a license for the Software at amasty.com website (“Website”) according to clauses 1.1 and 1.2 of Amasty Terms and Conditions and receives a copy of the Software via Customer Account or other means at our discretion.
- 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.
Conclusion of the License Agreement
- Once the Customer’s order is placed with Amasty and the payment is made by the Customer, Amasty will provide the Customer with the respective invoice for the payment for the license to the Software in the form of product subscription (such invoice is made available to the Customer through Customer’s account). The Customer may pay the initial price of the license by using a credit card or by Paypal, or by applying store credits in the respective amounts. The customer may pay the recurring subscription fee for the use of the license, Software updates and support services by using a credit card or by Paypal.
- In case the Customer applies for any of special offers or discounts available publicly at Website or communicated to the Customer by Amasty representative individually and violates the terms of provision of such discounts, Amasty reserves the right to unilaterally terminate the License Agreement by refunding the net amount paid by the customer in the form of store credits funded to Customer Account balance that the Сustomer may reuse for future purchases of Software at Website.
- After the respective invoice is paid by the Customer, the Software is delivered to the Customer. The delivery of the Software may follow without or with installation in case the Customer acquires a support subscription granting the installation service.
- The delivery of the Software without installation is arranged for through a link for download of the Software provided to the customer by Amasty through Customer’s account. The Customer can download the Software through the Customer’s account at any time. Once the extension is downloaded, the Customer can copy it on Customer’s site and customize it according to Customer’s needs and preferences.
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The Customer may order and pay for the delivery of the Software with the installation by purchasing a support subscription of the respective version containing the installation service. The delivery of the Software with the installation involves the same procedure as the delivery of the Software without the installation. In addition to the delivery of the Software without the installation, the Customer must create a ticket to Amasty’s support service and provide all respective access credentials to Customer’s environment(s). The provision of the installation service is regulated by Amasty’s Support License Agreement.
- Following the installation of the Software, the Customer is required to undergo the instance registration procedure in their Magento backoffice. Failure to complete the registration procedure for the Software shall constitute a breach of the Agreement and lead to the termination of the Customer’s license.
- The information about the Software including the prices is available on the Website. In case the customer needs any further information on the Software, Amasty will provide the Customer with any such information.
- Amasty is entitled to deny any services or sell any product to any Customer or to cease to provide any services to any customer in case such Customer violates in any way any right of Amasty.
Licensing
- Amasty 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 Amasty.
- The Software or a portion of it is Amasty’s intellectual property and a copyrightable matter and is liable to protection by the law. Any Customer activities that infringe this Agreement and/or Amasty 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, Amasty grants the Customer a revocable, non-exclusive, non-transferable, worldwide, limited license to download, install, customize and use the Software for their personal/business needs and purposes in accordance with this Agreement and Amasty Terms and Conditions for the period of validity of this Agreement.
- For the avoidance of doubt, the Agreement constitutes the licensing for the original code base of the Software, meaning the version of the Software available on Website at the moment the Agreement is concluded. Further Software updates are available as part of an active product pubscription that grants to the Customer the availability of such updates and support services for the entire subscription period. The Customer has the right to cancel the product subscription that will not constitute the withdrawal from this Agreement, but will cease the provision of Software updates and support services for cancelled product subscription starting from the next billing date.
- The license fee (price of the Software) for the license specified in the clause 3.3 is determined on Website as a part of information about the Software.
- For the avoidance of doubt, the Agreement does not transfer the intellectual property right and/or the Copyright of Amasty to the Customer.
- For the avoidance of doubt, the Agreement does not permit to transfer the license between Customers.
- 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 Amasty must at all times correspond to the number of Customer’s Magento installations.
Withdrawal From the License Agreement
- The Customers with the status of a consumer are entitled to withdraw from the Agreement concluded by electronic means within fourteen (14) days after the Agreement has been concluded between the Customer and Amasty.
- The Customer - consumer may withdraw from the Agreement by means of (i) a written notice sent to the registered address of Amasty, or (ii) by email sent to the Amasty, or (ii) by Amasty’s helpdesk system, or (iv) by chat.
- In case the customer – consumer withdrawals from the Agreement within the term stipulated in clause 4.1 of the Agreement, Amasty will credit the purchase price of the Software to the customer by the same payment means, which were used by the Customer in order to pay the price of the Software. The Customer shall stop using the Software and shall uninstall it from Customer’s servers immediately.
Refund Policy
- Amasty offers to its Customers a thirty (30) day money-back guarantee for the Software. The Customer may require repayment of the price of the Software by submitting a corresponding request to Amasty and stating the reason for the refund during thirty (30) days after the Agreement was concluded. To avoid any doubts, fees for support subscriptions and any services provided by Amasty are not refundable.
- Regarding the right of the Customers – consumers to withdraw from the Agreement within the term of fourteen (14) days after the Agreement was concluded, the refund policy hereunder shall be understood as extension of such right of customers – consumers. The first fourteen (14) days of the refund policy start and run simultaneously with the fourteen (14) days during which the customer – consumer is entitled to withdraw from the Agreement.
- The refund policy hereunder applies only in case the Customer purchases the Software through the Website.
- Within the refund policy, the Customer is entitled to require refund (repayment) of monetary funds (money) and their direct equivalent (non-expirable store credits) paid for the Software only.
- The Customer is not entitled to require refund (repayment) of the price of the Software in case the Customer violates Amasty Terms and Conditions, License Agreement concluded with Amasty or any other rules which regulate the relationship between Amasty and the Customer.
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 Amasty 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 Amasty branding in file names, class names, variables, texts, links or UI items.
- The Customer must not publish the source code of the Software or in any other way make it available to the wide public. Except as explicitly set forth in this Agreement, not to discover the technology, decompile and disassemble the Software, decrypt and perform other actions with the object code of the Software, including obtaining information on the implementation of algorithms used in the Software.
Term and Termination
- This Agreement shall be effective from the moment of payment for the purchasing of the Software and remains effective until terminated by the Customer or Amasty.
- The Customer may withdraw from the license in cases and following the provisions of article 4 of this Agreement.
- Amasty 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 Amasty Terms and Conditions.
- In case Amasty 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 Amasty.
- 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 Amasty’s revocation of Customer’s license and any damages suffered by Amasty due to the misuse of the Software.
Final Provisions
- This Agreement has been valid and effective since August 13rd,2020.
- Amasty reserves the right to adopt any changes and amendments hereto. The up-to-date version hereof is available on www.amasty.com.
- The terms defined in the Amasty Terms and Conditions have the same meaning in the Agreement. The Amasty Terms and Conditions form an integral part of this Agreement. In the event of а contradiction between the terms of the Agreement and the terms of the Amasty Terms and Conditions, the terms of the Agreement shall be applied.
- For the avoidance of doubt, all issues arising from indemnification, keeping of the confidentiality, restrictions, limitation of liability applicable law and dispute resolution are resolved on the basis of the relevant sections of the Amasty Terms and Conditions.
The last update of the document was on January 27th, 2022.