PLEASE FAMILIARIZE YOURSELF CAREFULLY WITH THIS AGREEMENT BEFORE USING THIS SOFTWARE PRODUCT. This End User Licensing Agreement (“EULA") is a contract between You as an individual or in your capacity representing an entity, and Agile Shopping Systems and Software (“ASSS"). This agreement governs your use of the software product named Agile Shopping System™ (“Software"). The term “Software" is defined as a collection of computer software programs facilitating an online shopping system and all additional related media, graphic representations, textual materials, user guides and other materials in electronic and readable form whether printed or published online referred to as “User documentation".
RIGHTS TO USE THE SOFTWARE ARE GRANTED ONLY ON THE CONDITION THAT YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS EULA. BY PURCHASING, DOWNLOADING, COPYING, INSTALLING, CREATING BACKUPS OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS EULA. IF THE TERMS AND CONDITIONS SET BY THIS EULA ARE NOT ACCEPTABLE DO NOT PERFORM ANY OF THE PREVIOUS ACTIONS OR OTHERWISE USE OF THE SOFTWARE.
IF YOU HAVE PURCHASED THE SOFTWARE BUT DO NOT AGREE WITH THIS EULA, PLEASE PERFORM THE FOLLOWING: (I) ELIMINATE THE COMPLETE SET OF DOWNLOADED SOFTWARE FROM ANY COMPUTERS IT WAS COPIED OR INSTALLED TO, (II) COMPLETE OUR “GUARANTEE OF ERASURE FORM" AND SEND TO US THE NOTARIZED FORM BY FACSIMILE OR ELECTRONIC MEANS, AND (III) DEMAND REFUND OF YOUR PURCHASE PRICE.
1) Software operation and licenses. We license to you the use of the Software provided you comply with all terms and conditions of this EULA.
a) Software components. The Software is a collection of computer installable programs facilitating aspects of what is known as online shopping system with components displaying on web sites units of items, pricing and buttons, computer snippets and computer code for adding items to shopping basket as means for further advancing through a series of browser screens where buyers are purchasing products and/or services and supplying related delivery and payment information.
i) The software may require certain steps for activation and validation of license. Failure to activate, register and validate license, or a determination by us of fraudulent intentions or unauthorized use may result in non-functioning or inoperable Software, or a termination of license.
ii) The Software in its entirety resides on hardware controlled and operated by end user and ASSS has no control or access to content or information generated by the use of the Software. The Software must be incorporated within functioning web pages in order to operate. ASSS does not provide services and is not involved in building, making available online or maintaining what is commonly construed as a web page.
b) Licenses. The Software consists of a Main license allowing operation of shopping system on single web site and Features licenses: operation on Multiple web sites, Commission and affiliates, analytical Sessions.
i) Advanced purchase of the Main license is mandatory and required for Features to function and be licensed.
c) Content files. We have provided with downloaded software some content files such as images, logos, or sounds, computer coded programs. Unless the documentation, or specific license associated with the Content files state otherwise you may use, display, modify, reproduce and distribute the content files. However, you may not distribute the content files on stand-alone basis and you may not claim ownership of content files. The Software may include in addition to the ASSS proprietary software such other software from third parties. Third party software is licensed to you subject of the terms and conditions of the third party license. We have included any such third party licenses with your purchased copy.
d) Requirements for Software operation and functioning. Licensee must have established web presence by operating minimum of an internet web site. Operation of the software and function is subject to minimum requirements of hardware and server software, programs, program languages, databases as described and amended in the documents section of the manual and ASSS web site at https://www.agile-shopping.com/en/docs/.
e) Use of software. ASSS grants you license to use one copy of the Software meaning installing, copying, storing, uploading, executing, displaying or otherwise using of the Software. You may not modify or disable any licensing or control features of the Software. Components or parts of the Software may not be separated from main downloaded or installation set of Software, or any portion of the software to be copied. No rights whatsoever are granted related to distribution of the Software.
f) Copying. The software is downloaded in a set of computer files on personal computer, or server. You are allowed to perform one installation per purchase of main license and additional purchased features. You are allowed to make additionally only archiving, or backup copies of the Software as a complete set.
2) Transfers of software and termination
a) Transfers to third parties. The initial end user may make only a one-time transfer of the Software to another individual or entity as another end user. The transfer will consist of a complete package of Software in its entirety, and if ownership is transferred of internet facility such as domains or web sites the transfer may be a completed installation and operational Software. Re-licensing of the new individual or entity may be required by ASSS for proper operation of Software.
b) Non-allowed transfers and restrictions. You may not rent, lease or lend the Software or its use for commercial purposes or bureau use. You may not sublicense, assign or otherwise transfer in any manner the Software.
c) Termination of rights. Your rights may be terminated by us for violation or breach of these terms, or if you are unable to comply with any of these terms. Rights are terminated by you for rejection of use of the Software after purchase. We allow some reasonable time which we consider to be 30 (Thirty) days that you may reject to use the software and for reinstatement of funds less rejection fee of $150.00 for main license, and $50.00 for features licenses. Upon satisfactory completion of our Guarantee of Erasure procedure we will make a refund of the purchase price less corresponding rejection fee, which terminates any and all rights for use of the Software.
3) Intellectual property rights
a) All intellectual property rights in the Software remain, reside and belong to ASSS and are protected by law, including copyright, trade secret, patent and trademark laws. You are prohibited from removing product descriptions, identifying properties, copyright and other notices, or applied restrictions from the Software. The Software is protected by United States Copyright Law and International Treaty provisions. We reserve all rights not expressly granted to you in this EULA.
4) Reverse engineering
a) You may not reverse engineer, decompile, or disassemble to parts, or otherwise attempt to discover the source code of the Software. You may not modify, port, adapt or translate the Software, and may not circumvent technological measures intended to control access to the Software, or use with software products that circumvent technological measures.
5) Limitation of liability
a) Notwithstanding any damages that might incur, the entire liability of ASSS under this EULA and your exclusive remedy under this EULA will be limited to the greater of the amount paid by you for the Software or USD $100.00. TO THE MAXIMUM EXTEND PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ASSS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, INJURY, OR LOSS OF PRIVACY), FORESEABLE OR NOT, baseD ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR TORTIOUS ACTION, ARISING FROM ANY OTHER CLAIM ARISING OUT OF OR IN CONECTION WITH YOUR USE OF THE SOFTWARE, PUNITIVE DAMAGES WHATSOEVER RELATED IN ANY WAY TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ASSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE ABOVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
6) Disclaimer and warranties
a) The Software is provided “AS-IS". To the maximum extend permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for particular purpose. We make no commitments about the content of the Software. We further disclaim any warranty that (i) the Software meets your requirements or functionality and will operate as constantly available, uninterrupted, timely, secure or error-free, or that errors or defects as may not occur or will be fixed or corrected; (ii) the benefits that may be obtained from operation will be of value and significance anticipated; (iii) the quality of the Software will meet your expectations.
b) We specifically disclaim any liability for any actions resulting from your use of the Software, which you have obtained by your own decision at your discretion and risk. You are solely responsible for the results from use of the Software.
7) Governing law and choice of law. You will comply with all laws, rules and regulations applicable to export or import of Software. If you are resident of the United States of America your relationship with ASSS is governed by the laws of the State of Nevada, U.S.A. Residents outside of the United States agree the relationship of themselves and ASSS to be governed by the laws of the State of Nevada, and the United States of America.
© 2016 Agile Shopping Systems and Software (https://www.agile-shopping.com)
Agile Shopping Systems and Software
10300 W Charleston Blvd Suite 13-G33
Las Vegas, NV 89135
Last modified: June 8, 2016