Software License Agreement for UX Templates for End Users

Introduction

This software license for end users applies to the work of the developer of UX Templates, Magento commercial extensions (herein after referred to as "software"), Tobias Bergmann UG (haftungsbeschränkt), Wichertstr. 66, 10439 Berlin. The themes make it possible to modify Magento online store designs for Magento 1.x versions.

This end user software license agreement (herein after referred to as "license agreement") governs the use of the software and applies to all users of the software ("licensee"). By installing, copying, or otherwise using the software, the licensee agrees to the terms of this license agreement.

Insofar as this software modifies the source code under the Open Software License v.3.0 (OSL 3.0) licensed Magento version, only the software license (OSL 3.0) applies which is retrievable here http://opensource.org/licenses/osl-3.0.php. Parts of the software are subject to the Creative Commons License CC BY 2.5 (http://creativecommons.org/licenses/by/2.5/) or accordingly the MIT License. Details are contained in the respective source code files. For the other aspects of the software, the following provisions apply:

§ 1 Licensed Property

(1) The licensor grants the licensee use in perpetuity of the software described in the introduction.

(2) The software may be used for only one domain, which is to be specified at the placement of the order in the online shop, as well as in the licensee's test environment for the online shop.

(3) The licensor grants use of the software solely on the basis of this license agreement. Terms of contract provided by the licensee shall not apply even if the licensor does not expressly object to them.

§ 2 Software Installation and Scope of Services

(1) The licensee shall obtain the software only by download from a link or as an email attachment.

(2) The installation of the software on the licensee's system environment is undertaken by the licensee his/herself. The licensor provides free email support, if an installation is not successful.

(3) The licensor makes available necessary updates to the software free of charge in the first three months following the purchase. After that period, updates can be purchased in the online shop at the listed prices.

(4) The licensor's representations in the online shop, unless specifically designated as such, do not represent any guarantee.

§ 3 Copyright, Usage Rights, and Adaptation Rights

(1) The software provided by licensor is protected by copyright. All rights to the software as well as to any other documents provided in the context of contract negotiations and contract execution between the parties shall remain solely that of the licensor's.

(2) The licensor grants the licensee a non-exclusive, temporally and spatially unlimited right to use the software under the stated domain for his/her own purposes and as is described in this license agreement. The licensee is authorized to reproduce the software according to the conditions of use specified in the license agreement. The licensee may load the software onto the main memory and the hard drives of the hardware used by licensee. Furthermore, the licensee may modify the software so that the design accommodates the licensee's requirements accordingly.

(3) The copyright-notices contained in the software, trademarks, other legal reservations, as well as other program-identification features, including from third parties, may not be altered or made unrecognizable.

(4) If the contractual use of the software is impaired through property rights at no fault of the licensor, the licensor is thereby entitled to refuse the affected services. The licensor shall immediately notify the licensee hereof and shall provide access in an appropriate way to the licensor's data. The licensee in this case is not obligated to pay. Other claims or rights of the licensee shall remain unaffected.

§ 4 License Fee

To use the software, the licensee is obligated to pay a license fee. The amount and method of payment of the license fee is fixed in the licensor's online shop.

§ 5 Obligations of the Licensee

(1) The licensee shall make reasonable provisions for the event that all or part of the software does not work properly. The licensee will thoroughly test the software's applicability for the licensee's intended purpose, before it is operationally applied. Furthermore the licensee will secure his/her data according to state of the art technological means. The licensee shall ensure that the current data are reproducible with reasonable effort from data sets, which are in a machine-readable format.

(2) The licensee shall take reasonable measures to protect the software from unauthorized access by third parties.

§ 6 Termination

The licensor has the right to terminate this license agreement without notice when the licensor becomes aware that the licensee has violated the terms of this license agreement. In such a case, the licensee is enjoined to further use the software, and the licensee is obligated to uninstall the software and delete it permanently.

§ 7 Warranty

(1) The licensor provides the licensee the software free of material defects and defect of title. Defects that are not covered are those of functional impairments resulting from the hardware and software environment provided by the licensee, user error, defective external data, computer network malfunction or other defects resulting from causes originating in the risk area of the licensee. Insofar as a defect exists, the licensee is entitled to the statutory warranty rights in accordance with the following provisions.

(2) The licensor's warranty does not apply to software that has been modified by the licensee, unless the licensee can demonstrate that the modifications were not the cause of the reported defect.

(3) The licensor's warranty covers material defects by supplementary performance, at his discretion either by removal of defects or replacement delivery. The supplementary performance may in particular be remedied by supplying a new program version or by the licensor presenting ways to avoid the effects of the defect. The licensee must adopt a new program version, even if this requires an acceptable accommodation effort.

§ 8 Liability

(1) Irrespective of the liability for material defects and defects of title, the licensor assumes unlimited liability, where the cause of damage is based on intent or gross negligence. The licensor shall also be liable for slightly negligent breaches of significant obligations (obligations whose violation endanger the attainability of the purpose of the license agreement) as well as for the violation of cardinal obligations (obligations whose fulfillment make possible the proper implementation of the license agreement in the first place and those that the licensee regularly relies on), however, only for damages that are foreseeably contractually typical. The licensor is not liable for slightly negligent breaches of other obligations than the afore mentioned. Liability for the application of indirect damages, especially for the loss of profits, exists only by intent or gross negligence of legal representatives, executive employees or other auxiliary assistants of the licensor.

(2) In particular, the licensor's liability for the loss of data shall only be in the amount of the effort, which arises if the user regularly and application-compliantly performs backups and has thus ensured that lost data can be recovered with reasonable effort.

(3) The statutory liability for personal injury and that covered under the Produkthaftungsgesetz (German Product Liability Law) remains unaffected. The licensor may invoke a plea of contributory negligence.

(4) The liability limitations of the preceding paragraphs shall not apply to injury to life, body or health, for a defect that was guaranteed not to exist and for fraudulently concealed defects.

§ 9 Limitations

(1) Deviating from sec. 438 para. 1 No. 3 and sec. 634a para. 1 No. 1 BGB (German Civil Code), in the sale or development of software the general statute of limitation for claims arising from material defects and defects of title is one year after delivery.

(2) Statutory special regulations for in rem claims of third parties through the licensor's willful deceit and for claims of recourse against the supplier in final delivery to a consumer shall remain unaffected (sec. 479 BGB (German Civil Code)).

§ 10 Final Provisions

(1) If any provision of this license agreement is or becomes invalid or should the contract be incomplete, the rest of the contract shall remain unaffected. The contractual partners shall replace the invalid provision with a provision that is the closest to the intent and purpose of the invalid provision in a legally effective manner. The same applies to contractual omissions.

(2) All relationships arising from this license agreement are subject to the laws of the Federal Republic of Germany, excluding the CISG.

(3) Jurisdiction for all disputes arising from this license agreement shall be Berlin, Germany, provided that the licensee is a merchant, a public legal entity, or a special fund under public law, or if the licensee is of an equal standing, or if he/she has his/her domicile or establishment abroad.

(4) In case of discrepancies with the German version of this license agreement, the German version shall prevail (http://www.ux-templates.com/de/license/).

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