Avenla Smartship Extension License Agreement
Avenla Smartship Extension is licensed as follows:
Avenla Oy grants the Licensee a right to use the Extension on one Magento installation solely for Licensees own personal or business use, subject to all other terms in this Agreement.
Licensee must inform the Licensor a name, email address, and a URL in which the Extension is used.
Extension is a paid Extension.
Please read the license agreement (Agreement) carefully, as it sets out the terms and conditions upon which Avenla Oy (Licensor) licenses its software extension (Extension) and documentation (Documentation) for use.
This Agreement is an agreement between a person, company or third party (Licensee) who is being licensed to use the Extension or Documentation and the Licensor. The Licensee remains liable for the use of the Extension by any third party to which it provides access to the Extension, as though such use was by the Licensee.
The Agreement applies to the Extension and the Documentation which may include associated software components, scripts, media, printed materials, and electronic Documentation.
By using you accept the Agreement
By reading, installing, downloading, copying or otherwise using the Extension or the Documentation Licensee accepts all of the terms and conditions of this Agreement. Licensee further agrees that any person he authorizes or otherwise permits to use the Extension or Documentation will also be bound by the terms and conditions of this Agreement.
If Licensee does not agree the terms and conditions of this Agreement Licensee is not permitted to use or install the Extension and the Documentation or a part of it in any form or circumstances. Licensees continued use of the Extension or Documentation or part of it constitutes as acknowledgement and acceptance of this Agreement.
Licensee warrants that:
(a) Licensee has all right, title and authority to enter into this Agreement; and
(b) this Agreement is executed by a duly authorized representative.
Any distribution of the Extension without the Licensor’s consent, including noncommercial distribution, is regarded as a violation of this Agreement and entails liability, according to the current law.
Licensee’s obligation to inform the Licensor of the use
The Extension is a paid Extension that is downloaded and used by the Licensee. Licensee must inform the Licensor who the Licensee is and where the Extension is used. Licensee must inform a name, email address, and a URL of each place where the Extension is used. Reporting instructions can be found from the Licensors web page.
Coming into force
The Agreement comes into legal force at the moment you receive the Extension or Documentation from Licensors site, or Magento Connect, email or on any other data medium at Licensors discretion.
Licensor is the copyright holder of the Extension and the Documentation. The Extension and the Documentation, or a part of it, is a copyrightable matter and is liable to protection by the law. Any activity that infringes the Extension or the Documentation violates the copyright law and will be prosecuted according to the current law. Licensor reserves a right to revoke the license of any user holding an invalid license.
Maintenance of Copyright Notices
Licensee must not remove or alter any copyright notices on any and all copies of the Extension or the Documentation.
All Intellectual Property Rights of the Extension and the Documentation are, and will remain, the property of the Licensor.
Intellectual Property Rights.
(a) The Licensee acknowledges that he has no right, title or interest in, or to, the Extension, the Documentation, or in, or to, any other material the Licensor supplies for licensee’s usage under this agreement, except as expressly provided under this agreement.
(b) The Extension and the Documentation, sample code, and trademarks/logos provided on this site are the intellectual property of the Licensor and are protected under copyright laws. The information and images presented or received via the Extension or the Documentation may not be reproduced, republished, adopted, used or modified under any circumstances, and must not be used in any way that implies endorsement or sponsorship by the Licensor for the Licensee or any of the Licensee’s products, goods or services.
Warranties and Limitation of liability
The software and documentation, if any, are provided “as is”, without warranty of any kind, expressed or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. The Licensor is in no event liable for any claim, damages or other liabilities, whether in an action of contract, tort or otherwise, arising from, out of, or in connection with the Extension or the Documentation, or the use of, or other dealings, in the Extension and Documentation.
The Licensor will not be liable for any damages to the maximum extent permitted by law, under any circumstances, including but not limited to negligence, and including, without limitation, direct, indirect, special, consequential damages or any other pecuniary loss, that results from the use or an inability to use the Extension, even if the Licensee has been advised of the possibility of such damages.
Licensor is not responsible for altering the design or functionality of the Extension for the Licensee. The Licensee is responsible for design and functionality of the Extension.
Other rights and limitations
The Licensee must only use the Extension and the Documentation in accordance with this Agreement and with any additional requirements that the Licensor may provide by emails or any reflected changes made to the Agreement, the Documentation or the Extension.
The License agreement permits the Licensee the use of the extension on one Magento installation solely.
Licensor may provide to Licensee support services related to the Extension. Any supplemental code or Documentation provided to Licensee as a part of the support services shall be considered a part of the Extension and subject to the terms and conditions of this Agreement.
The Licensor may release Upgrades to the Extension and make them available for the Licensees’ use. However, the Licensee is not entitled to receive any of these upgrades (including updates, bug fixes or other kinds of fixes) inherently by use. The Licensor may offer the Licensee these improvements at their convenience, but is not obligated in any way, or under any circumstances, to do so.
Licensor may transfer, sub-contract or otherwise deal with the rights and/or obligations under this License agreement without notifying the Licensee or obtaining the Licensee’s consent.
Licensee may not transfer, sub-contract or otherwise deal with rights and/or obligations under this License agreement.
Without prejudice to any other rights, the Licensor may terminate this Agreement at any time, without any cause, in Licensor’s sole and absolute discretion.
The Licensee may terminate this Agreement at any time.
Upon termination of this Agreement, the Licensee shall immediately uninstall and cease to use the Extension, all associated Documentation and trademarks or logos, and shall destroy all copies thereof in the control or possession of the Licensee.
A Failure to use the Extension in accordance with the terms and conditions of this Agreement constitutes as a breach of the Agreement, and leads to an immediate revocation of the Licensee’s license.
Termination of this Agreement will not affect either party's accrued rights and liabilities.
Definitions and interpretation
“Documentation” means the documentation concerning the Extension supplied by the Licensor or by the Extension supplier to the Licensee with the Extension;
“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights (and the “intellectual property rights” referred to above include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
“Licensee” means the licensee of the Extension under this Agreement;
“Licensor” means Avenla Oy
“Extension” means all products, scripts and services received from Avenla Oy, directly or indirectly, including the application of any Upgrade; and
“Upgrade” an upgrade, update, enhancement, improvement or patch to the Extension supplied by the Licensor.