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OpenCart Express hereby grants to Licensee a perpetual, non-exclusive, limited license to use the Software As set forth in this Agreement.
Licensee shall not modify, copy, duplicate, reproduce, license or sublicense the Software, or transfer or Convey the Software or any right in the Software to anyone else without the prior written consent of OpenCart Express; provided that Licensee may make one copy of the Software for backup or archival purposes.
3. Fees & Charges:
In consideration for the grant of the license and the use of the Software, Licensee agrees to pay OpenCart Express the sum of the license fee.
OpenCart Express hereby represents and warrants to Licensee that OpenCart Express is the owner of the Software or otherwise has the right to grant to Licensee the rights set forth in this Agreement. In the event Any breach or threatened breach of the foregoing representation and warranty, Licensee's sole remedy shall be To require OpenCart Express or to either: I) procure, at OpenCart Express's expense, the right to use the Software, ii) replace the Software or any part thereof that is in breach and replace it with Software of Comparable functionality that does not cause any breach, or iii) refund to Licensee the full amount of the License fee upon the return of the Software and all copies thereof to OpenCart Express.
The warranty period on ALL module/extension/software is 90 Days. After 90 Days there will be additional charges involved. Standard free support is 90 days from the date of purchase.
5. Software Updates:
A. Standard update. During the Warranty Period, OpenCart Express shall provide to Licensee any new, Corrected or enhanced version of the Software as created by OpenCart Express. Such enhancement shall include All modifications to the Software which increases the efficiency of the Software, or Additional capabilities or functionality to the Software, but shall not include any substantially new or Rewritten version of the Software.
Payment of the license fee shall be made upon delivery of the Software. Payment of any other amount owed by Licensee to OpenCart Express pursuant to this Agreement shall be paid within thirty (30) days following Invoice from OpenCart Express. In the event any overdue amount owed by Licensee is not paid following ten (10) Days written notice from OpenCart Express, then in addition to any other amount due, OpenCart Express May impose and Licensee shall pay a late payment charge at the rate of one percent (1%) per month on any Overdue amount.
7. Limitation of Liability:
OpenCart Express shall not be responsible for, and shall not pay, any amount of incidental, consequential or Other indirect damages, whether based on lost revenue or otherwise, regardless of whether OpenCart Express Was advised of the possibility of such losses in advance. In no event shall OpenCart Express's liability Hereunder exceed the amount of license fees paid by Licensee, regardless of whether Licensee's claim is based On contract, tort, strict liability, product liability or otherwise.
Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given To the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight Delivery services.
9. Governing Law:
This Agreement shall be construed and enforced in accordance with the laws of the state of [state of California governing law].
10. No Assignment:
Neither this Agreement nor any interest in this Agreement may be assigned by Licensee without the prior Express written approval of OpenCart Express.
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, Then this Agreement, including all of the remaining terms, will remain in full force and effect as if such Invalid or unenforceable term had never been included.
Although we have taken every step to foresee any problems or errors that may happen, this is in no way a Guarantee that this Extension will work with a highly modified OpenCart store or installation.
We can certainly help you with basic information but there may be a situation where USING THIS EXTENSION COULD COST YOU MORE MONEY.
There are NO REFUNDS on our software after purchase.
Any questions about this license agreement Contact: OpenCart Express
All rights reserved OpenCart Express © 2016