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 clauses 1.2 to 1.4 of Amasty Terms and Conditions] and NetStra Solutions s.r.o., established and existing under the law of Slovakia, with its registered office at Kutuzovova 3, 831 03, Slovakia, Company Identification Number: 48 104 663, entered into the Commercial register of District Court of Bratislava I, Section: Sro, Entry No.: 103421/B, doing business under AMASTY trademark (“Amasty”).
General Provisions
- This Agreement comes into effect when the Customer completes the purchase of the Software at amasty.com website according to clauses 2.1 and 2.2 of Amasty Terms and Conditions and receives a copy of the Software via Customer Account or other means at our discretion, according to articles 4 and 5 of Amasty Terms and Conditions.
- 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.
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, limited license to download, install and use the Software for their personal/business needs and purposes in accordance with this Agreement and Amasty Terms and Conditions.
- For the avoidance of doubt, the Agreement does not transfer the intellectual property right and/or the Copyright of Amasty 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 Amasty 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 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.
Limitation of Liability
- Amasty 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.
- Amasty 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 Amasty.
- The Customer may withdraw from the license in cases and following the provisions of article 6 of Amasty Terms and Conditions.
- 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.
- This Agreement cancels the terms of the previous Agreement.
- Amasty reserves the right to adopt any changes and amendments hereto. The up-to-date version hereof is available on www.amasty.com.
- Potential disputes between Amasty and its Customers may be subject to an out-of-court settlement in accordance with clause 12.4 of Amasty Terms and Conditions.
The last update of the document was on February 10th, 2021.